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Collins v. First Financial Services, Inc.

United States District Court, E.D. North Carolina, Southern Division

April 3, 2015

MARY ANN COLLINS and CATHLEEN BRYANT, Plaintiffs,
v.
FIRST FINANCIAL SERVICES, INC.; GATEWAY FUNDING DIVERSIFIED MORTGAGE SERVICES, L.P.; GEORGIA BANKING COMPANY; PHH MORTGAGE; KYLE DILLON SMITH; JENNIFER SANFORD PUGLIESE; SHAWN MARIE CARNI; SANDRA S. FADEL; ELIZABETH WEBSTER; JULIE PATEL; FREDDIE MAC; DONALD N. LANDGRAFF, Defendants.

ORDER

LOUISE W. FLANAGAN, District Judge.

This matter is before the court on plaintiffs' motion for extension of time to file response (DE 47), and upon the court's review of motions to dismiss (DE 31, 36, 52, 55) and plaintiff's motion for leave to file second amended complaint (DE 48), which the court has reviewed preliminarily pursuant to Federal Rule of Civil Procedure 1.

STATEMENT OF THE CASE

Plaintiffs proceeding pro se filed an original complaint in this action on December 12, 2014, and a first amended complaint on February 13, 2015, asserting claims arising out of an alleged mortgage lending scheme involving defendants, related to plaintiffs' purchase of a home. Plaintiffs assert the following claims in their first amended complaint:

(1) Violation of North Carolina Good Funds Settlement Act, N.C. Gen. Stat. Chapter 45A ("Count I");
(2) Violation of North Carolina Uniform Commercial Code, N.C. Gen. Stat. Chapter 25 Article 3 ("Count II");
(3) Violation of North Carolina Mortgage Debt Collection and Servicing Act, N.C. Gen. Stat. § 45-90 et seq. ("Count III");
(4) Violation of North Carolina S.A.F.E. Act, N.C. Gen. Stat. § 53 Article 19B ("Count IV");
(5) Negligence ("Count V");
(6) Gross negligence ("Count VI");
(7) Fraud ("Count VII");
(8) Constructive fraud ("Count VIII");
(9) Unfair and deceptive trade practices, under N.C. Gen. Stat. § 75-1.1 ("Count IX");
(10) Breach of contract ("Count X");
(11) Unjust enrichment ("Count XI");
(12) Violation of Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et ...

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