Laurion v. PHH Mortgage Corporation

CourtUnited States Bankruptcy Court, D. Connecticut
DecidedMarch 18, 2025
Docket24-02019
StatusUnknown

This text of Laurion v. PHH Mortgage Corporation (Laurion v. PHH Mortgage Corporation) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laurion v. PHH Mortgage Corporation, (Conn. 2025).

Opinion

UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT HARTFORD DIVISION

In re: Chapter 7

Samuel Aaron Laurion and Case No. 24-20521 (JJT) Heather Renee Laurion,

Debtors.

Samuel Aaron Laurion, Adv. P. No. 24-02019 (JJT)

Plaintiff, Re: ECF Nos. 6, 10, 14, 26, 32, 33, 34

v.

PHH Mortgage Corporation,

Defendant.

MEMORANDUM OF DECISION GRANTING AMENDED MOTION TO DISMISS

Appearances Samuel Aaron Laurion Pro se Debtor–Plaintiff

Tara L. Trifon Troutman Pepper Locke LLP 20 Church Street, 20th Floor Hartford, CT 06103 Counsel for Defendant PHH Mortgage Corporation

Before the Court is the Amended Motion to Dismiss (Motion, ECF No. 14) filed by defendant PHH Mortgage Corporation. In the Motion, PHH requests that this Court dismiss the Adversary Proceeding complaint (Complaint, ECF No. 1)1 filed by the Debtor, Samuel Aaron Laurion.2 In the Complaint, the Debtor seeks damages and injunctive relief for alleged violations of the discharge injunction by

PHH. For the following reasons, the Court agrees that the Debtor has failed to state a claim for relief upon which relief can be granted and accordingly dismisses the Adversary Proceeding. Because the Debtor’s allegations are frivolous, the Court will also deny leave to amend. 1. Background 1.1 Procedural History

Underlying this dispute is a mortgage granted by the Debtor when he borrowed money to purchase real property located at 8 White Oak Drive, Colchester, Connecticut.3 On October 18, 2023, the Debtor quitclaimed 8 White Oak Drive to the Laurion Family GodTrust (Trust),4 which was recorded the following day in the Colchester land records.5 Prior to the underlying bankruptcy case, the Debtor, in both his individual capacity and as trustee of the Trust, filed a complaint against PHH and related

parties in the United States District Court for the District of Connecticut (District

1 The Complaint was styled a Motion for Sanctions for Violation of the Discharge Injunction as to PHH Mortgage Corporation. Given the relief sought by the Debtor, the Court has construed it as an adversary complaint and this Adversary Proceeding was accordingly opened. 2 Because Heather Laurion is not a party to this Adversary Proceeding, all references to the Debtor are to Samuel Laurion alone. 3 The Debtor has referred to this property as Rural Route 8 White Oak Drive, Colchester, Connecticut Republic, [06415] Outside D.C. The two are the same thing. 4 The Debtor sometimes refers to this as the Laurion Familia GodTrust. The Debtor is the trustee of the Trust. 5 The Court has previously taken judicial notice of the Colchester land records. Court Action).6 In the District Court Action, the Debtor sought rescission of the note and mortgage underlying his purchase of 8 White Oak Drive based upon the Truth in Lending Act (TILA) and Regulation Z. The Debtor immediately sought a

preliminary injunction, which the District Court denied because the Debtor “ha[d] not established a sufficient likelihood of success.” Particularly, the District Court noted that the Debtor’s “mortgage is not eligible for rescission because . . . [the Debtor] entered into a purchase money mortgage.” After nothing substantive occurred while the Debtor’s bankruptcy case proceeded, the Debtor moved to dismiss the District Court Action,7 which the District Court did without prejudice

on February 13, 2025.8 While the District Court Action was pending, the Debtor and Heather Laurion filed for relief under Chapter 7 of the Bankruptcy Code on June 5, 2024. After the Chapter 7 Trustee filed a Report of No Distribution on August 28, 2024 (MC ECF No. 27), an order discharging the Debtor and Heather Laurion entered on September 18, 2024 (MC ECF No. 31). Two days later, the Debtor filed a Motion to Avoid Lien against PHH (ECF No. 34). The Court denied (ECF No. 63) the Motion

to Avoid Lien (and two others against other creditors) on October 29, 2024. In doing so, the Court noted that the mortgage PHH holds on the Debtor’s residence is a

6 See Complaint, Laurion v. PHH Mortgage Corp., Case No. 3:23-cv-01561-JAM, ECF No. 1 (D. Conn. Nov. 29, 2023). The Court has previously taken judicial notice of the District Court Action. 7 Although the Chapter 7 Trustee has indicated his intent to abandon all property of the estate, absent a Court order, such abandonment does not happen until the closing of the case. See 11 U.S.C. § 554(c) and (d). Accordingly, the causes of action in the District Court Action properly belong to the Chapter 7 Trustee and the Debtor had no standing to move for its dismissal. 8 The Debtor indicated that, due to the overlapping nature of the District Court Action and this Adversary Proceeding, he wished to proceed in this forum to avoid “unnecessary complexity, inefficiency, or prejudice against one or both parties.” consensual purchase money mortgage and that the Debtor had quitclaimed the property into a trust, meaning an exemption could not be claimed in it. After the Court denied the Motion to Avoid Lien in the underlying

bankruptcy case, the Debtor filed the instant Adversary Proceeding on November 11, 2024. PHH filed its first Motion to Dismiss (ECF No. 6) on December 23, 2024. After the Debtor filed a response (ECF No. 10) on January 8, 2025, the Court held a hearing on January 30, 2025. At that hearing, PHH indicated that it would consent to entry of final orders or judgment by this Court, prompting its filing of the instant Motion on February 5, 2025. The Court allowed for supplemental briefing, with both

parties filing such briefs (ECF Nos. 26, 32). The Debtor then belatedly filed a “Counterclaim” (ECF No. 33) on March 11, 2025, and a “Motion for Equitable Relief in Exclusive Equity, Setoff of In Rem Claim under Trust Law, Recognition as Subrogee under Right of Reversion, and Request for Sealed Proceedings” (ECF No. 34) on March 13, 2025.9 1.2 Allegations in Complaint In the Complaint, the Debtor alleges that PHH has violated the discharge

injunction by: (1) having a practice of holding partial payments in suspense, (2) providing a loan statement with an ambiguous disclaimer, and (3) responding to a request for verification under the Fair Debt Collection Practices Act without noting the Debtor’s discharge. His Complaint and attached affidavit allege

9 Because he is the plaintiff, the Debtor does not assert counterclaims. The Court will construe that filing as a motion to amend the Complaint. Likewise, the Debtor’s motion seeks affirmative relief that the Court will also construe as a motion to amend the Complaint. The Court will address both later in this Memorandum of Decision after addressing the claims made in the Complaint as filed. emotional distress and financial hardship for his family, including adverse effects on Heather Laurion’s health. In his prayer for relief, the Debtor requests immediate cessation of collection activities, acknowledgement of a discharge violation and

apology, damages in the amount of $150,000, confirmation of discharge of the debt, and a release of the mortgage lien. Additional factual allegations pertinent to this decision will be addressed as necessary below. 2. Jurisdiction The United States District Court for the District of Connecticut has

jurisdiction over these proceedings under 28 U.S.C. § 1334(b), and the Bankruptcy Court derives its authority to hear and determine this matter on reference from the District Court under 28 U.S.C. § 157

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