Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Stoller v. Ocwen Financial Corp.

United States District Court, D. Columbia

October 22, 2015

CHRISTOPHER STOLLER and MICHAEL STOLLER, Plaintiffs,
v.
OCWEN FINANCIAL CORPORATION, et al., Defendants

          CHRISTOPHER STOLLER, Plaintiff, Pro se, Chicago, IL.

         MICHAEL STOLLER, Plaintiff, Pro se, Chicago, IL.

         MEMORANDUM OPINION

         ROSEMARY M. COLLYER, United States District Judge.

         Christopher Stoller, acting pro se, sues to enjoin the sale of his home in foreclosure. As explained below, the motion will be denied and the Complaint will be dismissed for lack of jurisdiction.

         Plaintiffs here are Christopher and Michael Stoller. The Complaint alleges that Michael Stoller is the current owner of " the Stoller family home," i.e., real property located at 28437 N. 112th Way, Scottsdale, Arizona 85262. Compl. [Dkt. 1] ¶ ¶ 50 n.4, 56-57. Michael Stoller allegedly assigned to Christopher Stoller " any and all cause of action, remedies or claims and the right to prosecute such causes of action in the name of the assignor." Id. ¶ 50 n.4; see also Compl., Ex. 1 (Michael Stoller's assignment of rights to Christopher Stoller); Mot. for TRO [Dkt. 2] ¶ 1 (Christopher Stoller " holds rights to the property" on 112th Way in Scottsdale, Arizona). The Complaint seeks a temporary restraining order, preliminary injunction, and pre-sale injunction to prevent an alleged fraudulent mortgage foreclosure and trustee sale to take place on October 28, 2015.[1] Compl. ¶ ¶ 56-61; see also Compl., Ex. 8 (Notice of Trustee Sale). Christopher Stoller also filed a motion to enjoin the foreclosure sale. Mot. for TRO ¶ ¶ 2-3.

         Only Christopher Stoller signed the Complaint and motion. A litigant may proceed in federal court on behalf of himself or by properly admitted counsel, see 28 U.S.C. § 1654, but a layman cannot represent another person in a court proceeding, see Georgiades v. Martin-Trigona, 729 F.2d 831, 834, 234 U.S.App.D.C. 345 (D.C. Cir. 1984). Michael Stoller did not sign the Complaint or the motion for injunctive relief, and no counsel has appeared for him. Christopher Stoller, as a pro se co-plaintiff, cannot represent Michael Stoller. Accordingly, Michael Stoller will be dismissed as a party to this suit.

         The entire Complaint arises from the pending foreclosure sale. Compl. ¶ 62 (" This case involves a fraudulent mortgage foreclosure and the practices of Defendants in connection with Ocwen's racketeering." ). The Complaint names 50 Defendants, each allegedly connected to the mortgage and the pending foreclosure sale: Ocwen Financial Corporation (Ocwen) and numerous Ocwen officers and directors; Western Progressive-Arizona, Inc., a loan servicing company; Premium Title Service, Inc., a title insurer; Altisource Portfolio Solutions, S.A., a financial services corporation, and its counsel; Counsel to Ocwen's officers and directors; Office of Mortgage Settlement Oversight and Monitor Joseph Smith; Bradley Arant Boult Cummings, LLP, a law firm, and its partners; Ocwen employees; Wright Finlay & Zak, LLP, a law firm, and its partners; Litton Loan Servicing, LP, acquired by Ocwen in September 2011; Homeward Residential Holdings, Inc. and American Home Mortgage Service, Inc., servicers of residential mortgages; and John Does 1-10, alleged to be Defendants' lawyers, predecessors, partners, associates, agents, employees, affiliates, and subsidiaries. See Compl. ¶ ¶ 1-50, 69-91.[2] The Complaint alleges 19 counts:

Count 1--Violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692;
Count 2--Violation of Discharge Injunction under 11 U.S.C. § 524 (alleging that the debts of Phillip Stone, Christopher Stoller's predecessor in interest in the property, were discharged in bankruptcy);
Count 3--Failure to Comply with Applicable Law ( i.e., failure to provide notice of the foreclosure sale under federal and State law);
Count 4--Document Fraud;
Count 5--Counterfeiting and Forgery;
Count 6--Civil Rights ( i.e., violation of due process due to failure to provide notice of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.