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Duffy v. Bank of America, N.A.

United States District Court, District of Columbia

January 30, 2014

SEAN DUFFY, Plaintiff,
v.
BANK OF AMERICA, N.A., et al., : Defendants.

MEMORANDUM OPINION

GLADYS KESSLER, District Judge.

Plaintiff Sean Duffy ("Plaintiff" or "Duffy") brings this diversity action against Defendants Bank of America, N.A. ("Bank of America"), Wells Fargo Bank, N.A. ("Wells Fargo"), Mortgage Electronic Registration Systems, Inc. ("MERS"), Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-0A1 ("Deutsche Bank"), and HSBC Bank USA, N.A. ("HSBC") (collectively, "Defendants").

This matter is presently before the Court on Defendants' Motion to Dismiss Plaintiff's Complaint [Dkt. No. 3] and Plaintiff's Motion for Leave to File an Amended Complaint [Dkt. No. 16]. Upon consideration of the Motions, Oppositions, and Replies, the entire record herein, and for the reasons stated below, Defendants' Motion to Dismiss is granted and Plaintiff's Motion for Leave to File an Amended Complaint is denied.

I. BACKGROUND[1]

Duffy is the resident and owner in fee simple of real property located in the District of Columbia. Compl. ¶ 1. On October 31, 2006, Aegis Wholesale Corporation ("Aegis") made a loan to Duffy. Id . ¶ 2. To evidence and secure the loan, Plaintiff signed an Adjustable Rate Note ("Note"). Id . The Note identified Aegis as the Lender and attached the Deed of Trust ("Deed") to secure Duffy's obligation. Id . The Deed also names MERS as "the nominee for Lender and Lender's successors and assigns." Id .; see also Compl. Ex. 1, p. 2.

In 2007, Aegis filed for bankruptcy, and on December 15, 2012, its final liquidation and dissolution was completed. Compl. ¶ 3. It is undisputed that there is an unsatisfied note and deed of trust encumbering the property.

On September 29, 2011, MERS assigned the Deed to Bank of America. Id . ¶ 16; see also Compl. Ex. 2. This Assignment was recorded with the Land Records in the District of Columbia. Id . ¶ 16.

On January 10, 2013, Bank of America assigned the Deed to HSBC as Trustee for Holders of the Deutsche Bank Mortgage Pass Through Certificates. Id . ¶ 20; see also Compl. Ex. 3. On January 11, 2013, this Assignment was recorded with the Recorder of Deeds for the District of Columbia. Id . ¶ 7.

Bank of America now services the Loan. Id . ¶ 6. In January 2013, Bank of America informed Duffy that it intended to foreclose on his home on behalf of HSBC. Id . ¶ 23.

On March 26, 2013, Duffy filed a complaint in the Superior Court for the District of Columbia [Dkt. No. 1-1]. On May 13, 2013, Defendants removed the action to this Court alleging diversity jurisdiction [Dkt No. 1].

On May 13, 2013, Defendants filed a Motion to Dismiss Plaintiff's Complaint [Dkt. No. 3]. On May 30, 2013, Plaintiff filed an Opposition [Dkt. No. 11]. On June 10, 2013, Defendants filed a Reply [Dkt. No. 13].

II. STANDARD OF REVIEW

To survive a motion to dismiss under Rule 12(b)(6), a plaintiff need only plead "enough facts to state a claim to relief that is plausible on its face" and to "nudge[ ] [his or her] claims across the line from conceivable to plausible." Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 570 (2007). "[O]nce a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint." Id. at 563.

Under the Twombly standard, a "court deciding a motion to dismiss must not make any judgment about the probability of the plaintiffs' success... [, ] must assume all the allegations in the complaint are true (even if doubtful in fact)... [, and] must give the plaintiff the benefit of all reasonable inferences derived from the facts alleged." Aktieselskabet AF 21, 525 F.3d at 17 (internal quotation marks and citations omitted). A complaint will not suffice, however, if it "tenders naked assertion[s]' devoid of ...


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