Green v. JPMorgan Chase Bank, N.A.

937 F. Supp. 2d 849, 2013 WL 1406012, 2013 U.S. Dist. LEXIS 51936
CourtDistrict Court, N.D. Texas
DecidedApril 8, 2013
DocketCivil Action No. 3:11-CV-1498-N
StatusPublished
Cited by15 cases

This text of 937 F. Supp. 2d 849 (Green v. JPMorgan Chase Bank, N.A.) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Green v. JPMorgan Chase Bank, N.A., 937 F. Supp. 2d 849, 2013 WL 1406012, 2013 U.S. Dist. LEXIS 51936 (N.D. Tex. 2013).

Opinion

ORDER

DAVID C. GODBEY, District Judge.

This Order addresses two motions: (1) a motion for summary judgment filed by Defendants JPMorgan Cháse Bank, N.A., individually and as successor-in-interest to Washington Mutual Bank, F.A. (“JPMC”); Mortgage Electronic Registration Systems, Inc. (“MERS”); and MERSCORP Holdings, Inc. (collectively the “MSJ Defendants”) [60]; and (2) Defendant CTX Mortgage Company, LLC’s (“CTX”) mo[854]*854tion to dismiss [59]. The Court grants both motions.1

I. The Parties’Disagreement About Green’s Mortgage

This case is about the mortgage on Plaintiff Zan Green’s home (the “Property”). On March 30, 2004, Green executed a note payable to CTX (the “Note”) in order to purchase the Property. At the same time, she executed a deed of trust (the “Deed”) encumbering the Property and securing payment of the Note. The Deed names MERS as nominee and beneficiary under the Deed and is recorded in the property records of Dallas County.

At some point, the Note and Deed were apparently assigned to Washington Mutual Bank (“WaMu”), though the MSJ Defendants point to no evidence confirming this fact. There is no record of any assignments in the Dallas County property records. The Federal Deposit Insurance Corporation took WaMu into receivership in 2008, and thereafter JPMC acquired Green’s loan. JPMC currently holds the Note, which CTX indorsed in blank.

In 2010, Green defaulted on her loan. After the default, Defendant Selim Taherzadeh sent Green a letter in which he informed her that JPMC was accelerating the maturity date of Green’s loan and had scheduled a foreclosure sale for the Property. Taherzadeh claimed to represent Defendant Brice, Vander Linden, & Wernick, P.C. (“Brice”), a law firm. ’ JPMC, because of this lawsuit, has not yet foreclosed on the Property.

Green filed this action in Texas state court. JPMC, with the other Defendants’ consent, removed to this Court. The Court previously granted CTX’s motion to dismiss and granted in part Brice’s motion to dismiss, granting Green leave to amend her complaint. See Order, Aug. 30, 2012 [50]. In response, Green filed an amended complaint [57], which is the current live pleading.2 Green brings claims against CTX; JPMC; MERS; MERSCORP Holdings, Inc.; Brice; and Taherzadeh.3

The amended complaint seeks to quiet title in the Property. It further asserts that Brice and Taherzadeh violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a et seq.; that JPMC violated the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq.; and that all Defendants are liable for common law negligence. It also seeks declaratory and injunctive relief. Thus far, Taherzadeh has not appeared in this case. The MSJ Defendants move for summary judgment as to all claims against them, and CTX moves to dismiss the amended complaint as to all claims against it.

II. Standard of Review for Motions for Summary Judgment

Courts “shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter [855]*855of law.” Fed.R.CivP. 56(a); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In making this determination, courts must view all evidence and draw all reasonable inferences in the light most favorable to the party opposing the motion. United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962). The moving party bears the initial burden of informing the court of the basis for its belief that there is no genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

When a party bears the burden of proof on an issue, “he must establish beyond peradventure all of the essential elements of the claim or defense to warrant judgment in his favor.” Fontenot v. Upjohn Co., 780 F.2d 1190, 1194 (5th Cir.1986). When the nonmovant bears the burden of proof, the movant may demonstrate entitlement to summary judgment either by (1) submitting evidence that negates the existence of an essential element of the nonmovant’s claim or affirmative defense, or (2) arguing that there is no evidence to support an essential element of the nonmovant’s claim or affirmative defense. Celotex, 477 U.S. at 322-25, 106 S.Ct. 2548. Once the movant has made this showing, the burden shifts to the nonmovant to establish that there is a genuine issue of material fact so that a reasonable jury might return a verdict in its favor. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Moreover, “[c]onclusory allegations, speculation, and unsubstantiated assertions” will not suffice to satisfy the nonmovant’s burden. Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1429 (5th Cir.1996) (en banc). Indeed, factual controversies are resolved in favor of the nonmoving party “ ‘only when an actual controversy exists, that is, when both parties have submitted evidence of contradictory facts.’” Olabisiomotosho v. City of Houston, 185 F.3d 521, 525 (5th Cir.1999) (quoting McCollum Highlands, Ltd. v. Washington Capital Dus, Inc., 66 F.3d 89, 92 (5th Cir.1995)).

III. The Record Demonstrates that the MSJ Defendants Deserve Summary Judgment

A. Green Has Standing to Challenge the Assignments

As a threshold matter, JPMC argues that “borrowers do not have standing to challenge the assignments of their mortgages because they are not parties to those assignments.” Defs.’s Br. Supp. Mot. Summ. J. 8. The Court recognizes that several courts in this Circuit have issued opinions adopting this position, but this Court respectfully disagrees with those opinions.

The Court is aware of no Texas court that has denied standing to all borrowers to challenge assignments of their mortgages. Rather, as this Court has previously noted,

The law is settled that the obligors of a claim may defend the suit brought thereon on any ground which renders the assignment void, but may not defend on any ground which renders the assignment voidable only, because the only interest or right which an obligor of a claim has in the instrument of assignment is to insure himself that he will not have to pay the same claim twice.

Puente v. CitiMortgage, Inc., No. 3:11-CV-2509-N, 2012 WL 4335997, at *6 (N.D.Tex. Aug. 29, 2012) (quoting Kramer v. Fed. Nat’l Mortg. Ass’n, No.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
937 F. Supp. 2d 849, 2013 WL 1406012, 2013 U.S. Dist. LEXIS 51936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-jpmorgan-chase-bank-na-txnd-2013.