Trapp v. AMS Servicing LLC, 092215 FED3, 15-2211

Docket Nº:15-2211
Opinion Judge:PER CURIAM
Party Name:DENARD TRAPP, Appellant v. AMS SERVICING LLC; GDBT I TRUST
Judge Panel:Before: AMBRO, VANASKIE and SLOVITER, Circuit Judges
Case Date:September 22, 2015
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit

DENARD TRAPP, Appellant

v.

AMS SERVICING LLC; GDBT I TRUST

No. 15-2211

United States Court of Appeals, Third Circuit

September 22, 2015

NOT PRECEDENTIAL

Submitted Pursuant to Third Circuit LAR 34.1(a) September 11, 2015

On Appeal from the United States District Court for the District of New Jersey D. N.J. No. 3-14-cv-02746 District Judge: Peter G. Sheridan

Before: AMBRO, VANASKIE and SLOVITER, Circuit Judges

OPINION [*]

PER CURIAM

Denard C. Trapp, pro se, appeals the District Court's dismissal of his action to quiet title and the denial of his motion for reconsideration. We will affirm the judgment of the District Court.

GDBT I Trust held a mortgage interest on Trapp's property. Alleging that Trapp failed to make his mortgage payment, GDBT I Trust filed a foreclosure action in the Superior Court of New Jersey on April 5, 2013. On November 21, 2013, the New Jersey Superior Court granted GDBT I Trust's motion for summary judgment and transferred the matter to the Foreclosure Unit of the Clerk's Office of the Superior Court of New Jersey to proceed uncontested.

Six months later, on April 30, 2014, Trapp filed a complaint in the United States District Court for the District of New Jersey requesting that the District Court declare the defendants' mortgage invalid and quiet title in his favor. The Defendants-GDBT I Trust and its servicing agent-moved to dismiss. In response, Trapp filed an amended complaint that reiterated his claims, and he attached thereto a copy of a secondary mortgage, held by non-defendant Countrywide Home Loans, Inc., that he had paid in full. The Defendants renewed their motion to dismiss, arguing that, to the extent Trapp challenged Countrywide's secondary mortgage, he failed to join an indispensable party (i.e. Countrywide Home Loans, Inc.) and, moreover, that the District Court should abstain from producing a judgment contrary to the judgment of the Superior Court of New Jersey.

After a hearing on the defendants' motion to dismiss, the District Court dismissed Trapp's complaint ruling that Trapp's claims, if any, relating to the mortgage held by GDBT I Trust were barred by the Rooker


Feldman doctrine. Trapp filed a motion for reconsideration under Rule 59(e). He also filed an "addendum" to his complaint, seeking to add claims for perjury and making false declarations before a court under 18 U.S.C. §§ 1621 and 1623. The District Court denied Trapp's motion for reconsideration. Trapp...

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