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Johnson v. Bank of America, N.A.

United States District Court, Fourth Circuit

August 1, 2013

BETTY JOHNSON, pro se, Plaintiff,
v.
BANK OF AMERICA, N.A., et al., Defendants.

MEMORANDUM OPINION

PETER J. MESSITTE, District Judge.

Betty Johnson, pro se, has sued Bank of America, N.A. ("BANA") and its employees, Lashuan Holland and April Connolly, alleging "fraudulent bankruptcy and loan." BANA has tiled a Motion to Dismiss on behalf of itself and its employees [Paper No. 6]. For the following reasons, the Court GRANTS Defendants' Motion.

I.

On September 30, 1999, Mrs. Johnson and her now deceased husband ("Mr. Johnson") purchased property in Capitol Heights, Maryland with a loan from BANA.[1] On the same day, the Johnsons also obtained a home equity line of credit ("HELOC") from BANA. The Johnsons defaulted on their mortgage, and in 2004 BANA initiated foreclosure proceedings against them in Maryland state court. In 2005, Mr. Johnson filed for Chapter 13 bankruptcy. Because of the bankruptcy, the foreclosure action was dismissed. On December 20, 2006, the bankruptcy case was dismissed due to Mr. Johnson's failure to make payments under the plan.

On March 29, 2007, the Johnsons sold the property to a third party. On April 20, 2007, BANA executed a Certificate of Satisfaction showing that its mortgage loan to the Johnsons had been paid off in full. On September 15, 2008, BANA executed a Certificate of Satisfaction showing that the HELOC had also been paid off in full.

In September 2009, Mrs. Johnson filed her first lawsuit against BANA in the U.S. District Court for the District of Columbia. In her one-paragraph complaint, she stated that she was tiling the suit on the basis of conflict of interest, slander, defamation of character, and violation of "the Disability Act." She did not, however, describe what BANA purportedly had done wrong. The case was dismissed in December 2009 for lack of jurisdiction.

On March 22, 2010, Mrs. Johnson filed her second complaint against BANA, this time in the Circuit Court for Prince George's County in Maryland, seemingly intending to articulate a claim for defamation and fraud relating to one or both of her loans. After the case was removed to this Court, it was subsequently remanded back to state court, which dismissed the case with prejudice for failure to state a claim.

On December 28, 2012, Mrs. Johnson filed suit against BANA for the third time, which is the case currently before the Court. Her Complaint reads, in its entirety:

Fraudulent Bankruptcy and Loan
Prose [sic] Plaintiff Betty J. Johnson will prove with letter's [sic] of documentation and witnesses that can explain on the witness stand, if this Honorable Court will give this case a trial by jury. The witnesses are Lashaun Holland[, ] Customer Advocate Office of the CEO and President, and the letter Mr. Holland sent to Betty Johnson dated November 13, 2012. The second witness is April Connolly, Customer Advocate Office of the CEO and President Executive Customer Relations. Ms. Connelly's letter was sent to Betty Johnson March 30, 2012[.] The third witness is Michael Robles[.] Mr. Robles filed a Declaration of Michael Robles in the United States District Court for the District of Maryland. 4th witness Robert H. Rosenbaum letter dated July 24, 2006 Case No XX-X-XXXX PM Chapter 13[.] 5th witness Richard D. Lord attorney for Bank of America N/A. Plaintiff Betty J. Johnson am [sic] to be compensated the sum of (five hundred million dollars) $500, 000, 000. Plus punitive damages[.]

BANA tiled its Motion to Dismiss on February 25, 2013.

II.

BANA argues that the Complaint should be dismissed because: (a) service of process was improper or not effected; (b) the Complaint fails to state a claim upon which relief can be granted; (c) the purported claims arc barred by the applicable statutes of limitations; and (d) the Complaint is ...


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