Travis C. Mills et al v. Rocket Mortgage LLC et al

CourtDistrict Court, W.D. Louisiana
DecidedNovember 7, 2025
Docket3:25-cv-00239
StatusUnknown

This text of Travis C. Mills et al v. Rocket Mortgage LLC et al (Travis C. Mills et al v. Rocket Mortgage LLC et al) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Travis C. Mills et al v. Rocket Mortgage LLC et al, (W.D. La. 2025).

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

TRAVIS C MILLS ET AL CIVIL ACTION NO. 25-cv-239

VERSUS JUDGE TERRY A. DOUGHTY

ROCKET MORTGAGE LLC ET AL MAG. JUDGE KAYLA D. MCCLUSKY

REPORT AND RECOMMENDATION AND MEMORANDUM ORDER Before the undersigned Magistrate Judge, on reference from the District Court, are several motions, including (1) Motion to Remand and Rule 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction, as well as a Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim [docs. #5, 16, 20] filed jointly by Defendants Rocket Mortgage and Herschel Adcock; (2) Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim [doc. #23] filed by Defendant Judge Walter Caldwell; (3) Rule 12(b)(5) Motion to Dismiss for Insufficient Service of Process [doc. #26] filed by Defendant Sheriff Mike Tubbs; and (4) Motion for Leave to File Second Amended Complaint [doc. #18] filed by Plaintiffs Travis C. Mills and Regina Harrell Mills. The motions are opposed [docs. #8, 18, 20, 29, 31, 32]. For reasons detailed below, IT IS ORDERED that the Motion for Leave to File Second Amended Complaint [doc. #18] filed by Plaintiffs Travis C. Mills and Regina Harrell Mills is GRANTED. IT IS RECOMMENDED that the Motion to Remand [docs. #5, 16, 20] filed by Defendants Rocket Mortgage and Herschel Adcock be DENIED. IT IS FURTHER RECOMMENDED that the Rule 12(b)(1) Motion to Dismiss for Lack of Subject Matter Jurisdiction [docs. #5, 16, 20] filed jointly by Defendants Rocket Mortgage and Herschel Adcock be GRANTED IN PART and DENIED IN PART. IT IS FURTHER RECOMMENDED that the Rule 12(b)(6) Motion to Dismiss for

Failure to State a Claim [docs. #5, 16, 20] filed jointly by Defendants Rocket Mortgage and Herschel Adcock, the Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim [doc. #23] filed by Defendant Judge Walter Caldwell, and the Rule 12(b)(5) Motion to Dismiss for Insufficient Service of Process [doc. #26] filed by Defendant Sheriff Mike Tubbs be GRANTED.

I. BACKGROUND On or about May 13, 2022, Travis C. Mills and Regina Harrell Mills (collectively, “Plaintiffs”) entered into a promissory note with Rocket Mortgage, LLC (“Rocket”) in the amount of $305,550 in exchange for a mortgage on property located at 6950 Westlake Road, Sterlington, Louisiana. [doc. #5-6]. The promissory note was a fixed-rate note with an interest rate of 5.375% per annum, amounting to a monthly payment of $1,711.00 due on the first of each month beginning on July 1, 2022. Id. The mortgage agreement provided that any failure to pay any charges provided in the note could result in acceleration of the sums owed and sale of the property. [doc. #5-7]. On May 1, 2024, Plaintiffs failed to make a timely payment in accordance with the note.

[doc. #1-2]. Rocket provided Plaintiffs with the notice of default, and Plaintiffs failed to properly cure the default. Id. On December 3, 2024, Herschel C. Adcock, Jr. (“Adcock”) filed a Petition for Mortgage Foreclosure By Executory Process Without Appraisal in the 4th Judicial District Court for Morehouse Parish, Louisiana, on behalf of Rocket. Id. On December 10, 2024, the state court judge, Judge Walter M. Caldwell, IV (“Judge Caldwell”) ordered that a Writ of Seizure and Sale be issued commanding the Sheriff of Morehouse Parish to seize and sell the immovable property encumbered by Rocket’s mortgage. [doc. #5-2]. On January 5, 2025, the Sheriff of Morehouse Parish, Mike Tubbs (“Sheriff Tubbs”), served a copy of a notice of seizure of the immovable

property described in the mortgage upon the Clerk of Court for Morehouse Parish, Louisiana. [doc. #5-3]. That same day, Plaintiffs, as well as Adcock, were also served a certified copy of the notice of seizure. [docs. #5-4, 5-5]. The notice of seizure noted that the property would be sold at a sheriff’s sale on Wednesday, February 26, 2025, at 10:00 A.M. Id. On the morning of February 26, 2025, Plaintiffs filed a Complaint and Notice of Removal in the Western District of Louisiana.1 [doc. #1]. In this Complaint, Plaintiffs named Rocket, Adcock, Judge Caldwell, and Sheriff Tubbs as Defendants and alleged violations of the Truth in Lending Act (“TILA”), violations of due process, and fraudulent actions which preceded the foreclosure. Id. Plaintiffs simultaneously filed a motion for Temporary Restraining Order (“TRO”) to stay the foreclosure proceedings. [doc. #2]. The TRO was denied by Judge Doughty

on February 26, 2025. [doc. #4]. As such, the Louisiana state court foreclosure proceeding of the property was completed as scheduled. On March 6, 2025, Defendants Adcock and Rocket filed a joint motion to remand2 and motion to dismiss for failure to state a claim upon which relief can be granted. [doc. #5]. Both

1 The filing made by Plaintiffs in the Western District of Louisiana both purported to be a removal of a state court action and an original complaint. Insofar as Plaintiffs intended to remove the ongoing state court proceedings to federal court, those claims were terminated by Judge Doughty’s denial of Plaintiffs’ motion for a TRO and the subsequent completed sheriff’s sale, which ended any ongoing state controversy. Given this, as well as Plaintiffs’ pro se status, the Court will treat Plaintiffs’ filings as an original complaint in its analysis hereafter.

2 As the Court will be continuing its analysis with the understanding that Plaintiffs’ claims are an original filing, there is no ongoing state court controversy to remand. Defendants argue that the Court does not possess subject matter jurisdiction over the claims for several reasons. Id. First, they argue that the Court lacks subject matter jurisdiction to modify or hinder the state court decision because of the Rooker-Feldman doctrine. Id. Second, they contend diversity jurisdiction cannot be established because three of the Defendants added, namely

Adcock, Sheriff Tubbs, and Judge Caldwell, are citizens of the same state as the Plaintiffs. Id. Finally, they contend the Plaintiffs cannot base federal question jurisdiction upon allegations contained in their removal complaint concerning federal law. Id. Plaintiffs filed an opposition to Defendants’ motion to remand and motion to dismiss on March 10, 2025. [doc. #8]. Plaintiffs reasserted this Court’s subject matter jurisdiction, arguing that the Rooker-Feldman doctrine does not apply to their present claims as they are not seeking to overturn a state court judgment but assert fraudulent actions by Defendants. Id. They additionally filed a First Amended Complaint and Motion for Leave to File a Second Amended Complaint on March 26, 2025, and on April 23, 2025, respectively. [docs. #10, 18]. The amended complaints contain several additional claims against the Defendants, including violations of the Racketeer

Influenced and Corrupt Organizations Act (“RICO”), the Fair Debt Collection Practices Act (“FDCPA”), and various state claims of fraud, unjust enrichment, and civil conspiracy. [doc. #18]. Plaintiffs seek various forms of relief, including recission of the original mortgage, declaration of invalidity as to the mortgage and foreclosure, quiet title in favor of the Plaintiffs, restitution for payments toward the mortgage, other compensatory damages and punitive damages. [docs. #1, 10, 18].3

3 While the most recent pleading is typically the operative one, in light of Plaintiffs’ pro se status, the Court has considered all allegations in the Complaint, Amended Complaint, and Second Amended Complaint. Each of the Defendants filed responses to these original and amended complaints. Rocket and Adcock objected to both the first and second amended complaints alleging that they were not properly served with the amended complaints and reasserted their motion to remand and motion to dismiss on April 17, 2025, and April 24, 2025. [docs. #16, 20].

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