Eric Francis Long and Larissa Sapegin Long v. Mortgage Solutions of Colorado, LLC, DBA Mortgage Solutions Financial

United States Bankruptcy Court, D. Idaho·Decided May 26, 2026·No. 26-08002·Unknown

Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF IDAHO

In re:

ERIC FRANCIS LONG and LARISSA Case No. 25-40809-BRW SAPEGIN LONG, Chapter 7 Debtors.

ERIC FRANCIS LONG and LARISSA SAPEGIN LONG Plaintiffs,

vs. Adv. No. 26-08002-BRW MORTGAGE SOLUTIONS OF COLORADO, LLC, DBA MORTGAGE SOLUTIONS FINANCIAL

Defendant.

MEMORANDUM DECISION

Appearances: Eric Francis Long, Twin Falls, Idaho, Plaintiff pro se. Larissa Sapegin Long, Twin Falls, Idaho, Plaintiff pro se. Jesse Baker, Aldrige Pite, LLP, San Diego, California, counsel for Defendant.

Defendant Mortgage Solutions of Colorado, LLC, dba Mortgage Solutions Financial (“Defendant”)1 filed its “Motion for Discretionary Abstention or Alternatively to Dismiss the Complaint,” (Doc. No. 11) on April 22, 2026, and subsequently amended it on May 13, 2026

1 Reference to “Defendant” includes both Defendant and its Servicer, MSF Servicing, a division of Mortgage Solutions of Colorado, LLC. (Doc. No. 15) (collectively, the “Motion”).2 The Motion seeks dismissal of the Complaint (Doc. No. 1) (the “Complaint”) filed by pro se chapter 7 debtors Eric Francis Long and Larissa Sapegin Long (“Plaintiffs”), through this Court’s exercise of discretionary abstention under 28 U.S.C. § 1334(c)(1), or alternatively for failure to state a claim upon which relief may be granted and violation of Federal Rule of Civil Procedure 8.3 Plaintiffs filed an Opposition to Defendant’s

Motion (Doc. No. 12) on April 29, 2026, to which Defendant filed a Reply (Doc. No. 16) on May 13, 2026. On May 20, 2026, the Court held a telephonic hearing on the Motion and took the matter under advisement. After considering the Complaint, the applicable law, and arguments of the parties, the following is the Court’s decision on the Motion. Rule 7052. I. SUBJECT MATTER JURISDICTION, AUTHORITY, AND VENUE This Court has subject matter jurisdiction over this adversary proceeding as referred to it by the district court pursuant to 28 U.S.C. §§ 157(a) and 1334(b). This adversary proceeding involves “related to” claims despite the general “core” designation found at 28 U.S.C.

§ 157(b)(2)(A) and (O). See Certain Underwriters at Lloyds v. GACN, Inc. (GACN, Inc.), 555 B.R. 684, 694-98 (9th Cir. BAP 2016) (collecting and analyzing Ninth Circuit case authority and concluding that a declaratory relief claim commenced as an adversary by the debtor as to a prepetition contact, which was governed by state law, is not a “core” proceeding). However, ruling on an abstention motion is a “core” proceeding within the Court’s constitutional authority

2 Defendant filed the amended motion to correct an error in including paragraph II, C in the original motion to correct Defendant’s prior assertion that Plaintiffs had filed bankruptcy previously. Otherwise, the substance of the original motion remains the same. 3 Hereinafter, unless otherwise indicated, all statutory citations are to the Bankruptcy Code, 11 U.S.C. §§ 101–1532, and all citations to a “Rule” are to the Federal Rules of Bankruptcy Procedure. All citations to “Civil Rule” are to the Federal Rules of Civil Procedure. to determine via final order. See In re SCS Logistics, Inc., 671 B.R. 224, 234 (Bankr. S.D. Ohio 2025) (stating that abstention is a core proceeding because it involves a matter concerning the administration of the estate) (citations omitted). Finally, venue is appropriate in this Court pursuant to 28 U.S.C. §§ 1408 and 1409. II. RELEVANT FACTS

A. Procedural Background Plaintiffs filed their chapter 7 bankruptcy case on December 1, 2025. Since filing, they have advanced several different motions and requests, most of which have the same goal: to prevent the foreclosure of a deed of trust on their residence based on allegedly inaccurate and inconsistent accounting of payments under the loan since June of 2024. This adversary proceeding, filed on March 23, 2026, is a culmination of these issues. On March 23, 2026, Plaintiffs filed this adversary proceeding, seeking declaratory relief, accounting, and injunctive relief. Doc. No. 1. In addition to requesting injunctive relief in the Complaint, Plaintiffs also filed a separate Motion for Injunctive Relief Pursuant to 11 U.S.C.

§ 105(a) seeking to “[e]njoin Defendant from proceeding with foreclosure pending resolution of the adversary proceeding.” Doc. No. 6 at 3. On April 10, 2026, after not receiving a response by the Defendant, Plaintiffs filed a “Notice of Non-Opposition” to their motion. Doc. No. 9. Defendant then filed a response to the Motion for Injunctive Relief on April 15, 2026, asserting that Plaintiffs’ motion is moot and should be denied because the automatic stay prevents Defendant from proceeding with foreclosure. Doc. No. 10. Subsequently, Defendant filed the Motion. As indicated above, the Motion seeks dismissal of the Complaint either through the Court’s exercise of discretionary abstention under 28 U.S.C. § 1334(c)(1), or in the alternative for failure to state a claim and violation of Civil Rule 8. Doc. No. 11. In response, Plaintiffs filed an Opposition to the Motion insisting that this adversary proceeding concerning the validity and amount of Defendant’s asserted arrearage is central to the bankruptcy case and abstention is not warranted because it is closely related to the bankruptcy, not purely a state law dispute, and such abstention would result in inefficiency and delay. Doc.

No. 12. Further, Plaintiffs counter that the Complaint contains sufficiently detailed factual allegations to comply with Rule 8 and the Iqbal/Twombly standards. Id. Subsequently, Defendant filed a Reply to Plaintiffs’ opposition addressing the error in the original motion and providing a reinstatement amount of $33,170.06 to be paid on or before May 29, 2026, with the hope of resolving the matter without further litigation. Doc. No. 16. B. Factual Allegations as Stated in the Complaint Prior to filing this bankruptcy, on July 30, 2021, Plaintiffs executed a note and deed of trust with Defendant obtaining a $329,650 mortgage loan secured by Plaintiffs’ residence at 1237 Knoll Ridge Rd, Twin Falls, Idaho. Doc. No. 1 ¶¶ 6-8, Ex. A. In June of 2024, Defendant

Free access — add to your briefcase to read the full text and ask questions with AI

Eric Francis Long and Larissa Sapegin Long v. Mortgage Solutions of Colorado, LLC, DBA Mortgage Solutions Financial, (Idaho 2026).

Eric Francis Long and Larissa Sapegin Long v. Mortgage Solutions of Colorado, LLC, DBA Mortgage Solutions Financial (Eric Francis Long and Larissa Sapegin Long v. Mortgage Solutions of Colorado, LLC, DBA Mortgage Solutions Financial) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related