Tyler v. Citi-Residential Lending Inc.

812 F. Supp. 2d 784, 2011 U.S. Dist. LEXIS 103186, 2011 WL 4128404
CourtDistrict Court, N.D. Texas
DecidedSeptember 13, 2011
DocketCivil Action No. 3:09-CV-1488-B
StatusPublished
Cited by5 cases

This text of 812 F. Supp. 2d 784 (Tyler v. Citi-Residential Lending Inc.) 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
Tyler v. Citi-Residential Lending Inc., 812 F. Supp. 2d 784, 2011 U.S. Dist. LEXIS 103186, 2011 WL 4128404 (N.D. Tex. 2011).

Opinion

MEMORANDUM OPINION AND ORDER

JANE J. BOYLE, District Judge.

Before the Court is Defendant’s Motion for Summary Judgment (doc. 20). For the reasons discussed below, the Court GRANTS the Motion for Summary Judgment.

I.

BACKGROUND

Plaintiff Lou Tyler, filed this lawsuit against Citi-Residential Lending, Inc. (“Citi-Residential”), on February 2, 2009 in the 134th Judicial District Court, Dallas County, Texas. Notice of Removal ¶ 1. In Plaintiffs Original Petition, Tyler brought claims for breach of contract and bad faith against Citi Residential Lending, Inc. Pl.’s Orig. Pet. 2. Citi-Residential removed the case to this Court based on diversity jurisdiction. Notice of Removal ¶ 3.

According to Plaintiffs Original Petition, Tyler entered into a refinanced mortgage loan agreement with Ameriquest in or about June, 2004 for approximately $98,000. PL’s Orig. Pet. 1-2. Ameriquest transferred the loan servicing rights to Tyler’s loan to Citi-Residential in or about September, 2007. Smith Aff. ¶ 2. On or about February 11, 2009, the servicing rights to Tyler’s loan were again transferred to American Home Mortgage Servicing, Inc. Id. at 4.

Tyler alleges that beginning in October 2007 and continuing throughout the duration of Citi-Residential’s servicing of her loan, Citi-Residential deliberately mishandled her attempts at loan modification. PL’s Orig. Pet. 1. In particular, Tyler states Citi-Residential offered her a loan modification agreement over the telephone and in a document in or about December, 2008. Id. at 2. According to Tyler, the loan modification agreement included $52,000 in late fees, penalties, and unpaid interest, the original principal of $98,000, and an interest rate of 6%. Id. at 2. Tyler also asserts that Citi-Residential offered a second loan modification agreement includ[786]*786ing $82,000 in late fees, penalties, and unpaid interest, the original principal of $98,000, and an interest rate of 10%.. Id. at 2. In addition, Tyler states that CitiResidential took other inappropriate measures, including repeatedly harassing Plaintiff, threatening foreclosure, mishandling Plaintiffs financial documents, and charging excessive fees. Pl.’s Resp. Br. 2-3. Ultimately, attempts at loan modification and repayment failed, and Tyler’s home became subject to foreclosure. PL’s Orig. Pet. 3.

As a result, on February 2, 2009, Tyler filed this suit against Citi-Residential alleging breach of contract and bad faith. PL’s Orig. Pet. 2. Tyler now seeks equitable relief in the form of the deed to her house free and clear of all mortgages; or in the alternative, a loan modification agreement that dismisses the $82,000 in late fees, penalties, and unpaid interest. Id. at 3. Plaintiff also seeks attorneys fees in the amount of $50,000, general damages in the amount of $50,000, unspecified special damages for mental, psychological, and physical trauma, and other costs. Id. at 3.

On June 29, 2011, Citi-Residential filed the instant Motion for Summary Judgment (doc. 20). Tyler filed a correspondence on July 28, 2011 (doc. 24) and a response on August 10, 2011 (doc. 25). Citi-Residential filed its reply on August 2, 2011 (doc. 23).

II.

LEGAL STANDARDS

A. Summary Judgment Standard

Summary judgment is appropriate when the pleadings and record evidence show no genuine issue of material fact exists and that the movant is entitled to summary judgment as a matter of law. Fed.R.Civ.P. 56(c); Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994). Only disputes about material facts preclude a grant of summary judgment, and “the substantive law will identify which facts are material.” Anderson v. Liberty Lobby, 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

The movant bears the burden of proving no genuine issue of material fact exists. Latimer v. Smithkline & French Lab., 919 F.2d 301, 303 (5th Cir.1990). Where the nonmovant bears the burden of proof at trial, the movant need not support its motion with evidence negating the nonmovant’s case. Instead, the movant may satisfy its burden by pointing to the absence of evidence to support an essential element of the nonmovant’s case. Id.; Little, 37 F.3d at 1075.

Once the movant has met its burden, the nonmovant must show that summary judgment is not appropriate. Little, 37 F.3d at 1075 (citing Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). “This burden is not satisfied with ‘some metaphysical doubt as to material facts,’ by ‘conclusory allegations,’ by ‘unsubstantiated assertions,’ or by only a ‘scintilla’ of evidence.” Id. (citations omitted). Instead, the nonmoving party must go beyond the mere pleadings and “come forward with ‘specific facts showing that there is a genuine issue for trial.’ ” Matsushita Electric Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (emphasis in original) (quoting Fed R. Civ. P. 56(e)); see Celotex, 477 U.S. at 324, 106 S.Ct. 2548. The evidence presented by the nonmovant must “support each essential element of its claims on which it will bear the burden of proof at trial.” Munoz v. Orr, 200 F.3d 291, 302 (5th Cir.2000) In determining whether a genuine issue exists for trial, the court will view all of the evidence in the light most favorable to the nonmovant. Id.

[787]*787 B. Pro Se Litigants

The Court recognizes that Tyler is a pro se litigant. In Bookman v. Shubzda, 945 F.Supp. 999 (N.D.Tex.1996), the district court noted that “[a]lthough a pro se litigant’s response to a motion for summary judgment must be read liberally, she is not, as the party with the burden of proof, excused from the requirement that she set forth specific facts supporting her claim.” Id. at 1004. While this Court often exercises its discretion in accommodating pro se litigants, “[tjhere is a point at which even pro se litigants must become responsible for the prosecution of their own cases if their claims are to be warrant the court’s attention.” Id. at 1005. With that caveat, the Court now addresses the merits of Citi-Residential’s Motion.

III.

ANALYSIS

In her complaint, Tyler alleges two claims against Citi-Residential for breach of contract and “bad faith.” Pl.’s Orig. Pet. 2. In its Motion for Summary Judgment, Citi-Residential argues that Tyler has provided no evidence a contract existed between the parties, let alone evidence of Citi-Residential’s breach of contract. Def.’s Mot. for Summ. J. 7.

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812 F. Supp. 2d 784, 2011 U.S. Dist. LEXIS 103186, 2011 WL 4128404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyler-v-citi-residential-lending-inc-txnd-2011.