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Hill v. Wilmington Finance, Inc.

United States District Court, Fourth Circuit

August 29, 2013

JOHN HILL, Plaintiff,
v.
WILMINGTON FINANCE, INC., et al., Defendants.

MEMORANDUM OPINION

ROGER W. TITUS, District Judge.

On January 14, 2013, Plaintiff John Hill filed a pro se Complaint to Quiet Title of Real Property against Defendants Wilmington Finance, Inc. ("Wilmington"), Nationstar Mortgage, LLC ("Nationstar"), Countrywide Home Loans, Inc. and Countrywide Home Loans Servicing LP ("Countrywide"), CWABS, Inc., The Bank of New York Mellon, International Mtg. Co., Wells Fargo Bank, N.A., Premium Capital Funding, LLC, and CIT Group/Consumer Finance, Inc., in the Circuit Court for Charles County, Maryland. ECF No. 2. On February 15, 2013, Defendants Wilmington and Nationstar removed the action to this Court. ECF No. 1.

BACKGROUND

Plaintiff John Hills is "the title owner of real property" situated at 3071 Donegal Court, Waldorf, Maryland, in Charles County. Compl. ¶ 1, ECF No. 2. Hill's action appears to relate to a loan associated with his property in Waldorf. Hill alleges that Wilmington is the originator of the loan and a participant "in the imperfect securitization of the Note and/or Deed of Trust." Id. ¶ 12.

Countrywide is the securitization seller of the loan and a "participant in the imperfect securitization of the Note and/or Deed of Trust." Id. ¶ 13. CWABS is the securitization depositor of the loan and a "participant in the imperfect securitization of the Note and/or Deed of Trust." Id. ¶ 14. The Bank of New York Mellon is the trustee of the loan and a "participant in the imperfect securitization of the Note and/or Deed of Trust." Id. ¶ 15.

Hill does not know the "duties/responsibilities of the remaining Defendants" with respect to the "loan in its current state, the Note and/or Deed of Trust." Id. ¶ 16. He alleges, however, that "each of the remaining Defendants has been involved in one or more of the numerous transactions where this loan, Note and/or Deed of Trust have changed hands through the life of said loan, Note, and/or Deed of Trust." Id.

Hill disputes "the title and ownership of the real property in question, " and claims that "the originating mortgage lender, and others alleged to have ownership, have unlawfully sold, assigned, and/or transferred their ownership and security interest in a Promissory Note and Deed of Trust related" to the property. Id. ¶ 18. He claims that the Defendants have "imperfect security interests and claims, " and that the Defendants have no "legal or equitable right, claim or interest" in the property. Id. ¶¶ 19-22.

Hill claims that the Defendants refused to provide certain information, including the "wet signature' contract and proof of ownership of the debt as outlined in the Fair Debt Collection Practices Act" and the Maryland Code. Id. ¶ 23(C). He asserts that Defendants' violation of these laws "is proper grounds for validating" his claims "of Wrongful Foreclosure and Debt Collection and granting" his "request to Quiet Title of Property and granting sole legal and physical possession of said property" to him. Id.

PROCEDURAL HISTORY

On January 14, 2013, Hill filed his Complaint in the Circuit Court for Charles County, Maryland, in Case No. 08-C-13-000113. ECF No. 2. On February 15, 2013, Defendants Wilmington and Nationstar removed the action to this Court. ECF No. 1. On February 28, 2013, Defendants Wilmington and Nationstar filed a Motion to Dismiss. ECF No. 7. On March 1, 2013, the Clerk of the Clerk sent a letter to Hill informing him that these Defendants had filed a Motion to Dismiss, that he had a right to file a response, and that if he did not file a timely written response, the Court may dismiss the case. ECF No. 8.

On April 4, 2013, Defendant Wells Fargo filed a Motion to Dismiss. ECF No. 11. On April 5, 2013, the Clerk of the Court mailed another letter to Hill informing him that the Defendant had filed a Motion to Dismiss and that the Court may dismiss his case if he failed to file a timely written response. ECF No. 12. On April 22, 2013, Defendants Countrywide and CWABS filed a Motion for Leave to Join the Previously Filed 12(b)(6) Motion to Dismiss, ECF No. 16, which the Court granted on April 23, 2013. ECF No. 17.

On May 22, 2013, Hill filed a Response to Removal to Federal Jurisdiction, in which he expresses that "removal from the state level to this Court is immature and improper." ECF No. 18 at ¶ 12. Defendants Wilmington and Nationstar responded to Hill's filing on June 4, 2013, ECF No. 19, and Countrywide and CWABS responded on June 5, 2013. ECF No. 20.

On July 8, 2013, Hill filed a "Motion Craving Oyer [sic], " requesting that the Court "compel [Wilmington] to produce proof of its case." ECF No. 22 at 1. Also on July 8, 2013, Hill filed a "Motion for Consideration and Judicial Determination, " which suggests that removal to this Court was improper. ECF No. 23. Wilmington and Nationstar filed an Opposition to Plaintiff's "Motion Craving Oyer [sic]" on July 25, 2013. ECF No. 24. Wells Fargo also filed an Opposition to Plaintiff's "Motion Craving Oyer [sic]" on July 25, 2013. ECF No. 26.

Also on July 25, 2013, Wilmington and Nationstar, and separately, Wells Fargo, filed Oppositions to Plaintiff's Motion for Consideration and Judicial Determination. ECF Nos. 25, 27. On July 30, 2013, Countrywide and CWABS filed a Motion for Leave to Join the Previously Filed ...


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