Lavut v. Bank of America, 121919 FED11, 19-11123

Docket Nº:19-11123
Opinion Judge:PER CURIAM.
Party Name:ALLAN LAVUT, CIPORA LAVUT, Plaintiffs - Appellants, v. BANK OF AMERICA, THE BANK OF NEW YORK MELLON, f.k.a. The Bank of New York, as trustee for J.P. Morgan, as trustee for Bear Stearns Alt-A, as trustee for Mortgage Pass- Through Certificates, as trustee for Series Holders2005-05, MERSCORP HOLDINGS, INC., f.k.a. Merscorp, Inc., MORTGAGE ELECTR...
Judge Panel:Before WILLIAM PRYOR, GRANT, and EDMONDSON, Circuit Judges.
Case Date:December 19, 2019
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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ALLAN LAVUT, CIPORA LAVUT, Plaintiffs - Appellants,

v.

BANK OF AMERICA, THE BANK OF NEW YORK MELLON, f.k.a. The Bank of New York, as trustee for J.P. Morgan, as trustee for Bear Stearns Alt-A, as trustee for Mortgage Pass- Through Certificates, as trustee for Series Holders2005-05, MERSCORP HOLDINGS, INC., f.k.a. Merscorp, Inc., MORTGAGE ELECTRIC REGISTRATION SYSTEMS, INC., BAC HOME LOANS SERVICING, LP, Defendants - Appellees.

No. 19-11123

United States Court of Appeals, Eleventh Circuit

December 19, 2019

DO NOT PUBLISH

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:16-cv-01724-AT

Before WILLIAM PRYOR, GRANT, and EDMONDSON, Circuit Judges.

PER CURIAM.

Plaintiffs Allan and Cipora Lavut appeal the district court's dismissal --pursuant to Fed.R.Civ.P. 12(b)(6) -- of their amended complaint for failure to state a claim. Briefly stated, Plaintiffs challenge the non-judicial foreclosure proceedings on their home in Fulton County, Georgia ("Property").1 No reversible error has been shown; we affirm.

Plaintiffs purchased a home in 2005, subject to a mortgage loan of $1, 480, 000. The loan was memorialized by a promissory note ("Note") and a Security Deed.[2] The initial loan documents identified Countrywide Home Loans, Inc. ("Countrywide") as Plaintiffs' lender3 and identified Mortgage Electronic Registration Systems, Inc. ("MERS") as the grantee under the Security Deed.

In pertinent part, the Security Deed granted and conveyed the Property and the power of sale to MERS "and the successors and assigns of MERS." The Security Deed provided expressly that MERS had "the right to foreclose and sell the Property." In April 2012, MERS assigned its interest in the Security Deed to The Bank of New York Mellon fka The Bank of New York ("BONYM").

Plaintiffs later received three letters (dated July 2015, February 2016, and September 2017) from a law firm representing BONYM. The 2015 letter -- titled "Notice of Foreclosure Sale" -- notified Plaintiffs that the outstanding balance of Plaintiffs' mortgage loan was due and payable and that foreclosure proceedings had been initiated on behalf of BONYM. The 2016 and 2017 letters informed Plaintiffs of the amount of the outstanding debt and that Plaintiffs' account had been referred for foreclosure.

Plaintiffs filed this civil action challenging the foreclosure proceedings. In their...

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