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Wheeler v. Government National Mortgage Association

United States District Court, Fourth Circuit

May 15, 2013

KEVIN R. WHEELER, ET AL
v.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, ET AL

MEMORANDUM

J. FREDERICK MOTZ, District Judge.

Plaintiff has instituted this pro se action against Mortgage Electronic Registration Systems, Inc. and Government National Mortgage Association ("Ginnie Mae"). Both defendants have filed motions to dismiss. Plaintiffs have filed their own motion for summary judgment. The issues have been fully briefed. Defendants' motion will be granted, and plaintiff's motion will be denied.

The gravamen of plaintiff's complaint seems to be that Ginnie Mae's security interest has not been recorded under Maryland law. The underlying fallacy in this argument is that the failure to register Ginnie Mae's security interest would not impinge Ginnie Mae's rights. See 12 U.S.C. §1721(g)(3)(E)(iv). Likewise, to the extent that plaintiffs are seeking and equitable relief against Ginnie Mae, their claim is barred under federal law. See 12 U.S.C. §1723a(a). As to the claim against Mortgage Electronic Registration Systems, ...


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