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Emerson v. Seterus, Inc.

United States District Court, District of Columbia

April 9, 2013

LEONIDAS EMERSON, Plaintiff,
v.
SETERUS, INC., Defendant

LEONIDAS EMERSON, Plaintiff, Pro se, Washington, DC.

For SETERUS, INC., formerly known as IBM LENDER BUSINESS PROCESS SERVICES INC., Defendant: Catherine Anne Bledsoe, GORDON, FEINBLATT, ROTHMAN, HOFFBERGER & HOLLANDER, Litigation, Baltimore, MD.

OPINION

ROSEMARY M. COLLYER, United States District Judge.

Page 57

Leonidas Emerson, proceeding pro se, brought this suit against Seterus, Inc., a mortgage servicing company. The Complaint alleges that the case arises from Seterus's " illegal collection of a mortgage purportedly executed by Plaintiff through a defective fraudulent Power of Attorney not executed by Plaintiff." Compl. [Dkt. 1-1] ¶ 1. Seterus has moved to dismiss. As explained below, the motion will be granted in part and denied in part.

Page 58

I. FACTS

Seterus is a mortgage service provider; Seterus has attempted to collect from Mr. Emerson monies due on a mortgage on Mr. Emerson's home, located at 2321 13th Place, N.E., Washington, D.C. Mr. Emerson asserts that on February 10, 2006, a man named Gerardo Mora purchased the property, executing a Note and a Deed of Trust. Compl. ¶ 8. Mr. Emerson's wife, Ramona Maritza Emerson, signed the power of attorney authorizing Mr. Mora to execute the Note and Deed of Trust. Id. ¶ 11. Mr. Emerson did not sign a power of attorney authorizing Mr. Mora or anyone else to purchase and mortgage the property. Id. ¶ 10. In 2011, Seterus began to demand payment on the mortgage from Mr. Emerson. Mr. Emerson contends that Seterus's attempts to collect mortgage payments from him are illegal, and he brought this suit. The Complaint sets forth the following five Counts:

Count I -- violation of Fair Debt Collection Practices Act (FDCA), 15 U.S.C. § 1692 et seq .;
Count II -- a claim for declaratory relief;
Count III -- common law fraud;
Count IV -- civil conspiracy; and
Count V -- violation of the Real Estate and Settlement Procedures Act (RESPA), 12 U.S.C. § 2605. [1]

Seterus moved to dismiss. In response, Mr. Emerson withdrew Counts I, III, and IV. Thus, only Counts ...


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