SPENCER v. SUNTRUST MORTGAGE, INC.
| HARRISON L. SPENCER and SANDRA L. SPENCER |
| SUNTRUST MORTGAGE, INC., GOVERNMENT NATIONAL MORTGAGE ASSOCIATION AS TRUSTEE FOR SECURITIZED TRUST GINNIE MAE REMIC TRUST 2008-71, SELECT PORTFOLIO SERVICING, INC., DOES 1 THROUGH 100, INCLUSIVE and BROCK & SCOTT, PLLC |
| 1:2015cv00037 |
| January 12, 2015 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Guilford |
| UNASSIGNED |
| JOI ELIZABETH PEAKE |
| Other Contract |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
50
ORDER signed by JUDGE LORETTA C. BIGGS on 09/30/2015, that Plaintiffs' Motions for a Hearing (ECF Nos. 45 , 46 ) are DENIED, that Defendant Brock & Scott, PLLC's Motion to Dismiss (ECF No. 22 ) for lack of jurisdiction is GRANTED to the extent that all claims against it are REMANDED to state court, that Defendant Select Portfolio Servicing, Inc.'s Motion to Dismiss (ECF No. 25 ) is GRANTED IN PART pursuant to Rule 12(b)(6), but that any claims challenging the state court foreclosure action are REMANDED to state court, and that Defendant SunTrust Mortgage, Inc.'s Motion to Dismiss (ECF No. 17 ) is GRANTED as to Counts VII, VIII, IX,X, XI, XII, XV, XVI, XVIII, and XXII pursuant to Rule 12(b) (6), and that the remaining Counts are REMANDED to state court. (Taylor, Abby)
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Filing
42
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 08/24/2015. The Court therefore concludes that to the extent Plaintiffs seek review of a state court foreclosure order, this Court lacks subject matter jurisdiction over those claims. To the extent Plaintiffs attempts to assert other claims, Plaintiffs have failed to state a claim upon which relief may be granted. RECOMMENDED that Defendant Brock & Scott, PLLC 9;s Motion to Dismiss [Doc. # 22 ] for lack of jurisdiction be granted to the extent that all claims against it be remanded to state court, that Defendant Select Portfolio Servicing, Inc.'s Motion to Dismiss [Doc. # 25 ] be granted in part pur suant to Rule 12(b)(6), but that any claims challenging the state court foreclosure action be remanded to state court, and that Defendant SunTrust Mortgage, Inc.'s Motion to Dismiss [Doc. # 17 ] be granted as to Counts VII, VIII, IX, X, XI, XII, XV, XVI, XVIII, and XXII pursuant to Rule 12(b)(6) as noted above, and that the remaining Counts be remanded to state court.(Taylor, Abby)
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