Chruszch v. Bayview Loan Servicing, LLC et al
| Debra K. Chruszch |
| BAC Home Loans Servicing, LP, Bank of New York Mellon, NA, Bayview Loan Servicing, LLC, Mortgage Electronic Registration Systems, Inc. and Recon Trust Company, NA |
| 3:2015cv01131 |
| June 23, 2015 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael W. Mosman |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
45
OPINION AND ORDER: Because no foreclosure proceedings are pending on Ms. Chruszchs residence, her requests for a declaratory judgment fail for lack of subject matter jurisdiction. I have found that there is no concrete controversy between the parties such that Article III jurisdiction may beexercised over these claims. Further, all of Ms. Chruszchs claims must be dismissed for failure to state a claim on which relief can be granted with leave to amend her fraud and quiet title claims. Defendants motions to dismiss [28, 29] are GRANTED. As noted above, I GRANT Defendants request for judicial notice 30 and DENY Ms. Chruszchs Motion for Declaratory Judgment 3 with prejudice. Signed on 11/4/15 by Judge Michael W. Mosman. (dls)
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