Ogilvie v. Nationstar Mortgage LLC

533 B.R. 460, 2015 Bankr. LEXIS 2226
CourtUnited States Bankruptcy Court, M.D. Pennsylvania
DecidedJuly 7, 2015
DocketCASE NO. 5-14-bk-04858 RNO; ADVERSARY NO. 5-15-ap-00008 RNO
StatusPublished
Cited by6 cases

This text of 533 B.R. 460 (Ogilvie v. Nationstar Mortgage LLC) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ogilvie v. Nationstar Mortgage LLC, 533 B.R. 460, 2015 Bankr. LEXIS 2226 (Pa. 2015).

Opinion

OPINION

Robert N. Opel, II, Bankruptcy Judge

The Pro Se Chapter 7 Plaintiff filed a Complaint alleging that the Defendants’ wrongful actions led to a prior state court judgment in mortgage foreclosure. I will grant the Defendants’ Motions to Dismiss for lack of subject matter jurisdiction.

I. Jurisdiction

The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 and 157. This is a core proceeding under 28 U.S.C. § 157(b)(2)(A) and (O).

II. Procedural History

Shelly D. Ogilvie (“Debtor”) filed a voluntary petition under Chapter 7 of the Bankruptcy Code on October 21, 2014. The Chapter 7 Trustee’s Report of No Distribution was filed on December 8, 2014.

The Debtor commenced this Adversary Proceeding on January 12, 2015, when she filed a twenty-five page Complaint. The named Defendants are Nationstar Mortgage LLC (“Nationstar”), Mortgage Electronic Registration Systems, Inc. (“MERS”), and Phelan Hallinan LLP (“Phelan”).

The Complaint alleges the invalidity of a mortgage filed against the Debtor’s residential real property and serviced by Na-tionstar. The requested relief includes rescission, as well as the award of damages against the Defendants, for alleged viola[463]*463tions of the Fair Debt Collection Practices Act (“FDCPA”).

On March 17, 2015, the Defendants, Na-tionstar and MERS, filed their Motion to Dismiss the Complaint (“Nations-tar/MERS Motion”). On April 10, 2015, Phelan filed its Motion to Dismiss the Complaint (“Phelan Motion”). Both Motions (“Motions to Dismiss”) principally argue that the Complaint should be dismissed for lack of subject matter jurisdiction pursuant to the RooJcer-Feldmcm Doctrine. The Motions to Dismiss also argue that the Complaint fails to meet the plausibility standards imposed by Federal Rule of Bankruptcy Procedure 7012(b)(6) and that the FDCPA claims are time-barred under the applicable statute of limitations. I have determined that the lack of subject matter jurisdiction argument is dispositive. Bankruptcy Judge Gross has written, “[t]he concept of judicial restraint compels the Court to decide only those issues necessary to grant effective relief.” In re Midway Games, Inc., 428 B.R. 327, 335 (Bankr.D.Del.2010). Therefore, in the exercise of judicial restraint, I will largely confine the remainder of this Opinion to the application of the Rooker-Feldman Doctrine to this Adversary Proceeding.

Briefs were submitted in support of and in opposition to the Motions to Dismiss. The Motions to Dismiss were scheduled for a hearing, which was held on June 11, 2015. Counsel for Nationstar and MERS, as well as counsel for Phelan appeared and argued in support of their respective Motions to Dismiss. The Debtor did not appear at the hearing on the Motions to Dismiss.

The Debtor’s brief in opposition to the Motions to Dismiss includes, “[t]he Rook-er-Feldman Doctrine is inapplicable to this case.” Pro Se Plaintiffs Brief in Support of Her Opposition to the Motion to Dismiss the Adversary Complaint with Prejudice 5, May 22, 2015, ECF No. 33. The Debtor argues that since her home has not yet been sold at sheriffs sale, she has not yet been injured by the pre-petition judgment in mortgage foreclosure.

Federal Rule of Evidence allows a federal court to take judicial notice of facts that are not subject to reasonable dispute. A bankruptcy court may take judicial notice of the docket entries in a case and the contents of the bankruptcy schedules to determine the timing and status of case events as well as facts not reasonably in dispute. In re Harmony Holdings, LLC, 393 B.R. 409, 413 (Bankr. D.S.C.2008); In re Paolino, 1991 WL 284107, *12, n. 19 (Bankr.E.D.Pa. Jan. 11, 1991). Further, a bankruptcy court may take judicial notice of its own records, as well as the records of other courts in related matters. In re Meltzer, 516 B.R. 504, 506 n. 2 (Bankr.N.D.Ill.2014); SG & Co. N.E., LLC v. Good, 461 B.R. 532, 535 n. 3 (Bankr.N.D.Ill.2011). I will take judicial notice of the docket entries in the underlying Chapter 7 case, as well as the docket entries in this Adversary Proceeding. I will also take judicial notice of the docket entries in an action captioned Nationstar Mortgage LLP, Plaintiff v. Shelly Ogilvie, Defendant, No.2012-cv-418 filed in the Court of Common Pleas of Lackawanna County (“State Foreclosure Action”). I also take judicial notice of the docket entries concerning the appeal of the State Foreclosure Action to the Pennsylvania Superior Court filed to docket number 784 MDA2014.

III. Discussion

A. Review of Pro Se Pleadings

The pleadings of pro se litigants are construed liberally. Such pleadings, “however inartfully pleaded,” are held to less stringent standards than formal plead[464]*464ings drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972); United States v. Otero, 502 F.3d 331, 334 (3d Cir.2007); Mitchell v. Horn, 318 F.3d 523, 529 (3d Cir. 2003). Nevertheless, “a court need not credit a complaint’s bald assertions or legal conclusions.” Burrell v. Ross, 2013 WL 3097320, *3 (M.D.Pa. June 18, 2013) citing Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir.1997).

Even with a relaxed pleading standard, I find it difficult to discern the intended meaning of some of the Complaint’s provisions. For example, paragraph 2 of the Complaint begins:

2. The defendant NATIONSTAR MORTGAGE, LLC., (hereinafter referred to as defendant NM), by and through its officers, agents, employees, sub-contractors, etc., that NM claims that they are the owners or creditor of the unpro-duced the Plaintiff(s) SO [Shelly Ogilvie] Mortgage and Mortgage/Promissory Notes. The defendant NM has not produced its contractual agreement including and not limited to the valid “Chain of Title” or the Original Mortgage (M) and Mortgage/Promissory Note (M/PN) to prove their claim as creditor having maintained full servicing rights. The defendant NM is operating through a respondeat authority, champertous, apparent authoritative and maintenance relationship with PHELAN HALLI-NAN, LLP., (hereinafter referred to as defendant PH) and defendant NM is controlling the actions of defendant PH directly controlling, ordering, dictating, guiding, supervising, instructing, approving and supporting the actions of all other defendants named and yet unnamed.

Adversary Complaint ¶ 2, January 12, 2015, ECF No. 1.

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Cite This Page — Counsel Stack

Bluebook (online)
533 B.R. 460, 2015 Bankr. LEXIS 2226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ogilvie-v-nationstar-mortgage-llc-pamb-2015.