Harrell v. Wells Fargo Bank, N.A.
| Decision Date | 27 December 2019 |
| Docket Number | Civil Action No. 19-01417 (JMV) |
| Parties | NORMA HARRELL, et al., Plaintiffs, v. WELLS FARGO BANK, N.A., Defendant. |
| Court | U.S. District Court — District of New Jersey |
Not for Publication
This matter concerns five unrelated foreclosure actions that were litigated in state court. Plaintiffs, five1 pro se litigants, bring this action against Wells Fargo Bank ("Defendant") alleging fraud in its foreclosure methods. Currently pending before the Court is a motion to dismiss Plaintiffs' Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). D.E. 8. The Court reviewed the parties' submissions in support and in opposition,2 and considered the motions without oral argument pursuant to Fed. R. Civ. P. 78(b) and L. Civ. R. 78.1(b). For the reasons stated below, Defendant's motion to dismiss is GRANTED.
The five Plaintiffs allege fraud and denial of civil rights as to their mortgages and related foreclosure proceedings in New Jersey. Plaintiffs provide a "Verified Complaint Summary" that states the following: Compl. ¶ 8. The Complaint then provides a separate section for each Plaintiff's "case information." Compl. ¶¶ 91-155. Each Plaintiff, with the exception of Harrell, has faced a foreclosure action in New Jersey. Plaintiffs include the New Jersey docket number for each foreclosure action as to each Plaintiff, id. ¶¶ 91, 95, 100, 116, 140, however Plaintiffs do not provide their litigation histories in the Complaint.4
The Complaint also provides overarching background information. First, Plaintiffs provide historical information on the compl. ¶¶ 16-36, which does not appear related to Plaintiffs' individual claims. The Complaint also includes case law regarding breaches of contract and a profile of and quotations from an attorney (who appears to have no relation to Plaintiffs' personal claims) regarding foreclosure at large. Id. ¶¶ 37-49.
On January 13, 2006, Norma Harrell's father, Norman Harrell, took out an adjustable rate mortgage. Id. ¶ 92. However, in 2015, Norman defaulted on the payments and a foreclosure action was filed against him by U.S. Bank National Association, as trustee for Structured Asset Securities Corporation, through its servicer, Defendant. Id. ¶ 93; Def. Br. at 3. Norma claims that she "took over" when the foreclosure was filed and that on September 12, 2016, she "received notification from [Defendant] that [she] was accepted for the modification." Compl. ¶ 93 (citing D.E. 1-7 at 1-5). In support, Plaintiffs cite to and attach a letter from America's Servicing Company addressed to Norman, not to Norma, notifying him that he was approved for a modification trial period. D.E. 1-7 at 1. This letter does not mention Norma and thus does not verify her claim that she was approved for a modification. Nevertheless, Norma claims that she "began making payments in October 2016 and paid until March 2017," up until Defendant's employee allegedly notified her that there was a title issue and she should stop making payments. Compl. ¶ 93.
Norman's New Jersey foreclosure docket number is F-022906-15. Id. ¶ 91. The NJ eCourts Civil Case Jacket indicates that an uncontested order for final judgment was entered against Norman on August 8, 2017. U.S. Bank Nat'l Ass'n v. Harrell, No. F-022906-15 (N.J. Super Ct. Ch. Div. Aug. 8, 2017). Norma was not a named defendant in the foreclosure action. Id.
In 2009, Johnson refinanced her home with Franklin American Mortgage Company, who later assigned the loan to Defendant. Id. ¶ 96. Plaintiffs claim that starting December 23, 2011, Johnson repeatedly applied to Wells Fargo Home Mortgage requesting a 30-day forbearance. Id. ¶ 97. Johnson adds that she was informed on multiple occasions that her loan did not qualify for a modification review, but at one point received help in getting a modification from a Congressmanshe had reached out to. Id. ¶¶ 97-98. Johnson described the process and "constant opposing communication from Wells Fargo Home Mortgage" as "arduous, humiliating, and stressful." Id. ¶ 97. She claims the communication's intent was to discourage her and "to deny [her] the right to an available option in the mortgage arsenal to lend assistance in distress." Id. Johnson further alleges that Defendant sent her "notices pointing to foreclosure even though [she] was current on mortgage payments throughout the dilemma." Id. ¶ 98. Johnson was referred to Hardest Hit, a state program, but was "denied" through that program. Id. ¶ 99.
Johnson's New Jersey foreclosure docket number is F-000646-18. Id. ¶ 95. The NJ eCourts Civil Case Jacket indicates that a foreclosure action was filed against Johnson on January 11, 2018, after she defaulted on her mortgage, by Franklin American Mortgage Company through Defendant. Wells Fargo Bank v. Johnson, No. F-000747-18 (N.J. Super Ct. Ch. Div. July 23, 2018). On July 23, 2018, an uncontested order for final judgment was entered against Johnson. Id. Johnson filed a motion to vacate the order due to fraud on September 4, 2018, and the Honorable Jodi Lee Alper, J.S.C., denied Johnson's motion on October 26, 2018. Id. Johnson filed a motion to reconsider on November 11, 2018, which was also denied by Judge Alper on November 29, 2018. Id. Johnson filed a second motion to reconsider on January 4, 2019, which was again denied by Judge Alper on July 30, 2019. Id.
Johnson also filed a Chapter 13 Bankruptcy proceeding on January 8, 2019 under case number 19-10387, which is still pending. D.E. 8-7.
Merriweather complains of the following "sequence of events:" "U.S. Mortgage, GMAC Ocwen Wells Fargo's Predatory Mortgage, Fraudulent Foreclosure, and Fraudulent Sheriff Sale." Id. ¶ 101. While the specifics of Merriweather's allegation are difficult to follow, it appearsMerriweather is alleging fraud in the foreclosure action by Defendant. Merriweather claims Defendant "was the owner of the mortgage held by Ocwen and they took money from the government and denied me a HAMP modification that would have given me an affordable mortgage payment." Id. ¶ 109. Merriweather describes a series of events that led her to fall behind in her mortgage payments. Id. ¶¶ 102-06. Merriweather requested modifications, but most requests were denied. Id. ¶¶ 105-07. Merriweather alleges that in 2018, she "called Ocwen and asked them for a copy of the Truth in Lending Statement." Id. ¶ 108. Upon receiving "two Truth in Lending Statements with different amounts, one written in pen, one signed by [Merriweather] and the other signature not [Merriweather's]," Merriweather alleges that she discovered one of the signatories was "convicted in a property flipping scheme in 2011" and received jail time. Id. Therefore, Merriweather claims she was a "victim of fraud." Id.
Merriweather's New Jersey foreclosure docket number is F-017509-15. Id. ¶ 100. The NJ eCourts Civil Case Jacket indicates that an uncontested order for final judgment was entered against Merriweather on January 25, 2018. Wells Fargo Bank v. Merriweather, No. F-017509-15 (N.J. Super Ct. Ch. Div. Jan. 25, 2018). On February 13, 2019, Merriweather filed a motion to reconsider on the basis of fraud, which was denied on July 9, 2019 by the Honorable John Bedrin Murray, J.S.C. Id.
Kajla's background section and allegations are difficult to follow. It appears a foreclosure action was filed against him on December 7, 2007. Id. ¶ 120. Kajla states that Defendant is the "Master Servicer" that has been "handling the foreclosure." Id. ¶ 126. Kajla alleges violations of "New Jersey's Court Rules on Foreclosure" since the assignment of mortgage and a copy of the note were not provided until 55 days after the Complaint was filed. Id. ¶ 122. He also claimsmultiple assignments related to his case were made fraudulently. Id. ¶¶ 122, 128-37. Furthermore, Kajla claims that "none of the Judges ruled correctly or even addressed these facts and there [sic] Rule violations." Id. ¶¶ 122-23.
Kajla's New Jersey foreclosure docket number is F-034025-07. Id. ¶ 116. The NJ eCourts Civil Case Jacket indicates that U.S. Bank National Association, as trustee for Credit Suisse First Boston MBS ARMT 2005-8, brought a foreclosure action against Kajla and his wife after they defaulted on their mortgage. U.S. Bank Nat'l Ass'n v. Kajla, No. F-34025-07 (N.J. Super Ct. Ch. Div. Mar. 6, 2015). The Honorable Paul Innes, P.J. Ch., entered a second amended final judgment on March 6, 2015. Id. Kajla moved to vacate the judgment, was denied relief, and appealed the order denying his motion to vacate to the Appellate Division, which affirmed the order. U.S. Bank Nat'l Ass'n v. Kajla, No. A-003875-14T2 (N.J. Super. Ct. App. Div. Sept. 22, 2016). Kajla filed a petition for certification with the Supreme Court of New Jersey, which was denied. U.S. Bank Nat'l Ass'n v. Kajla, 228 N.J. 494, 158 A.3d 581 (2017). Then, on May 25, 2017, Kajla filed a petition for a writ of certiorari with the Supreme Court of the United States, which was denied. Kajla v. U.S. Bank Nat. Ass'n, 138 S. Ct. 120, 199 L. Ed. 2d 32 (2017).
On October 23, 2017, Kajla filed a case in this Court against Wells Fargo Bank and others for fraud, RICO violations, and additional violations, which was dismissed by the Honorable Anne Thompson on March 1, 2018. Kajla v. U.S. Bank Nat'l Ass'n for Credit Suisse First Bos. MBS ARMT 2005-8, No. CV 17-8953, 2018 WL 1128498, at *8 (D.N.J. Mar. 1, 2018). Judge Thompson dismissed four of Kajla's counts pursuant to the Rooker-Feldman doctrine and dismissed the fifth...
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