Desouza v. Federal Home Mortgage Corp., 071614 FED11, 13-10116

Docket Nº:13-10116
Opinion Judge:PER CURIAM
Party Name:LISA DESOUZA, Plaintiff - Appellant, v. FEDERAL HOME MORTGAGE CORP., d.b.a. Freddie Mac, J.P. MORGAN CHASE BANK, N.A., OCWEN LOAN SERVICING, LLC, Defendants-Appellees.
Judge Panel:Before PRYOR, MARTIN, and JORDAN, Circuit Judges.
Case Date:July 16, 2014
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
FREE EXCERPT

LISA DESOUZA, Plaintiff - Appellant,

v.

FEDERAL HOME MORTGAGE CORP., d.b.a. Freddie Mac, J.P. MORGAN CHASE BANK, N.A., OCWEN LOAN SERVICING, LLC, Defendants-Appellees.

No. 13-10116

United States Court of Appeals, Eleventh Circuit

July 16, 2014

DO NOT PUBLISH

Appeal from the United States District Court for the Southern District of Georgia D.C. Docket No. 1:10-cv-00130-JRH-WLB

Before PRYOR, MARTIN, and JORDAN, Circuit Judges.

PER CURIAM

Lisa DeSouza, proceeding pro se, appeals the dismissal with prejudice of her wrongful foreclosure and fraud claims in her amended and second amended complaints against Federal Home Mortgage Corporation d/b/a Freddie Mac, OCWEN Servicing, LLC, and J.P. Morgan Chase Bank, N.A. After review of the record and the parties' briefs, we affirm.

I

Because we write for the parties, we assume familiarity with the underlying facts of the case and recite only what is necessary to resolve this appeal.

Seeking to generate rental income, Ms. DeSouza purchased a property in Augusta, Georgia. She financed the purchase with a loan from Washington Mutual Bank. Following a drop in rental revenue, Ms. DeSouza defaulted on the loan. By letter dated February 23, 2009, Washington Mutual informed Ms. DeSouza that she had been approved for a forbearance agreement under which, if she made payments in March, April, and May, the bank offered to "reevaluate [her] application for assistance" and determine whether it could "offer [her] a permanent workout solution to bring [the] loan current." The letter also stated that, unless otherwise indicated, "[a]ll of the original terms of [the] loan remain in full force and effect[.]" The loan was subsequently acquired by Chase Bank, which mailed Ms. DeSouza a notice of foreclosure to the Augusta property on December 4, 2009. Chase purchased the property at the foreclosure sale and subsequently conveyed its interest to Freddie Mac.

Ms. DeSouza bought a second rental property in Hephzibah, Georgia and financed this purchase with a loan from Taylor, Bean, & Whitaker Mortgage Corporation that was ultimately acquired by OCWEN. As was the case with the Augusta property, Ms. DeSouza defaulted on her loan, and a notice of foreclosure was addressed to her at the Hephzibah property. OCWEN purchased the property and subsequently turned over all of its interest to Freddie Mac.

Ms. DeSouza brought a wrongful foreclosure claim against Freddie Mac in federal district court. After the district court dismissed her initial complaint, she amended her complaint to assert, among other things, fraud and wrongful foreclosure claims against Chase, OCWEN, and Freddie Mac, alleging that they provided deficient notices of foreclosure under O.C.G.A. § 44-14- 162.2(a) and defrauded her out of her property. The district court held that the notices of foreclosure satisfied Georgia's statutory requirements and thus dismissed her wrongful foreclosure claim with prejudice. It...

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