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Thomas v. Suntrust Mortgage, Inc.

United States District Court, M.D. North Carolina

September 16, 2014

ANGELA A. THOMAS, Plaintiff,


L. PATRICK AULD, Magistrate Judge.

The instant matter comes before the undersigned United States Magistrate Judge for a recommended ruling on Defendants' Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and (6) (Docket Entry 5). (See Docket Entry dated Aug. 20, 2014.) For the reasons that follow, the Court should grant Defendants' instant Motion.


Plaintiff, proceeding pro se, commenced this action seeking relief related to Defendants' foreclosure proceeding as to her house; more specifically, the Complaint asserts in conclusory fashion that Defendants made "false claims and statements... in all prior legal proceedings and during the collection of wrongfully paid money from about 2007-2014. There is a conflict present with regards to ownership of the note disputed and discussed herein." (Docket Entry 1 at 1.) The Complaint further alleges that, "[b]eginning around September 11, 2011 a request for validation of debt was sent to... [D]efendants with regards to the note in question [and that] [t]o date, no valid evidence to which would prove rightful ownership of the note have been presented by [D]efendants." (Id. at 3.) According to the Complaint, in May of 2012, Plaintiff received correspondence from Maureen Harris, an employee of Defendant SunTrust Mortgage, Inc., indicating "that Ginnie Mae was the owner of the note and that [Defendant] SunTrust Mortgage, Inc., was merely servicers [sic] (third party collection agents/due to transfer of debt)." (Id. at 4.) However, in June and July of that year, Ms. Harris' correspondence allegedly indicated "that [Defendant] SunTrust Mortgage, Inc., was both owner and servicer of the note." (Id.) The Complaint then references an affidavit from Shaundra Hunt regarding an allegedly undisclosed transfer that "took place between both Ginnie Mae and SunTrust Mortgage, Inc." (Id. at 5.)

In addition, the Complaint conclusorily asserts that Plaintiff's "lender failed to properly disclose information in violation of various consumer protection laws and that lender has attached costs to [] [P]laintiff of which amounts to fraud and possibly usury to the detriment of Plaintiff." (Id. at 3.) Finally, according to the Complaint, in "May 2014, Plaintiff... filed a lawsuit against Jennifer L. Wood, a notary that stated that she signed the Deed of Trust in connection to the note that pledged the property as collateral to retain the loan in her presence which was not true." (Id. at 5-6.) Defendant SunTrust Mortgage, Inc. apparently intervened. (See id. at 6.)

Based on the foregoing allegations, the Complaint asserts the following claims: "Count I. (Fair Debt Collection Practices Act, 15 USC 1692g.809)" (id. at 6-7); "Count II. (Harassment 15 U.S. Code 1692d)" (id. at 7); "Count III. (Unfair practices 15 U.S. Code 1692f)" (id. at 7-8); "Count IV. (Validation of debt 15 U.S. code 1692g)" (id. at 8); "Count V. Violation of the Real Estate Settlement Procedures Act ["RESPA"], 12 U.S.C. Section 2605(e), Regulation X at 24 C. F. R. 3500, The Gramm Leach Bliley Act" (id. at 8-9); "Count VI (Copy Right infringement Title 17 > Chapter 5 > § 501, 7 U.S. Code)" (id. at 9); "Count VII (North Carolina unfair & deceptive Act NCGS 75-122)" (id.); "Count VIII (Common Law Fraud; N.C. Gen. Stat. § 75-1.1)" (id. at 9-10); "Count IX (Unjust Enrichment; N.C. Gen. Stat. § 75-1.1)" (id. at 10); and "Count X (Payment by Mistake)" (id. at 10-11). Each claim includes a statement substantially the following form: "By reason of conduct in [the foregoing factual section of the Complaint], [Defendants] SunTrust Mortgage, Inc., & Substitute Trustee Service, Trustee Services, Inc., knowingly presented false claims to the court and demanded payment from [P]laintiff or subject her to have property taken away by way of fraudulent foreclosure." (See id. at 6-11.)

The Complaint seeks the following relief:

A. Under Counts I, II, III & IV; (Fair debt Collections Act) damages [] [P]laintiff has sustained, including investigative cost, plus civil penalties as allowable by law; and
B. Under Counts V., (R[ESPA] Violation) a penalty equal to wice [sic] the amount of and
C. Under Counts VI., (Copyright infringement) all consequential damages incurred by Plaintiff no less than amount invoiced which was set at $500, 000.00 each Occurrence.
D. Under Counts VII., ((North Carolina unfair & Deceptive Act) a sum equal to what the law state [sic] is max, which is $4000.00.
E. Under Count VIII., (Common Law Fraud) triple damages for sale of property to be paid by each [D]efendant. Home estimated value $150, 000.00.
F. Under Count IX., (unjust enrichment) a sum equal to the amount by which both [D]efendants were enriched combined.
G. Under Court [sic] X., (Payment by mistake) a sum equal to the amount of payments made by [] [P]laintiff to [Defendant] SunTrust Mortgage, Inc. and property valued at the time [Defendant] Substitute Trustee Services sold ...

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