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Felder v. Buonassissi, Henning & Lash, Pc

United States District Court, Fourth Circuit

October 7, 2013

HAROLD E. FELDER, et al. Plaintiffs
v.
BUONASSISSI, HENNING & LASH, PC et al. Defendants

MEMORANDUM OPINION

PETER J. MESSITTE, District Judge.

Plaintiffs Harold and Cherry Felder, pro se, have brought an action against 39 defendants, alleging violations of 42 U.S.C. § 1983, 42 U.S.C. § 1985, 42 U.S.C. § 1986, malicious use of process, malicious use of prosecution, 18 U.S.C. §§ 241 and 242, intentional infliction of emotional distress, and mail fraud, all presumably related to foreclosure proceedings on four properties located in Prince George's County, Maryland. Defendant Specialized Loan Servicing, LLC ("SLS") has filed a Motion to Dismiss [Paper No. 10] for failure to state a claim upon which relief can be granted.[1] Defendant JPMorgan Chase Bank, N.A. ("Chase") has filed a similar Motion to Dismiss [Paper No. 12] for failure to state a claim against it. Defendants Deutsche Bank National Trust Company ("Deutsche Bank") and MERS have filed a Motion to Dismiss [Paper No. 6] in which they argue insufficient service of process as to all defendants. Defendant Wells Fargo Bank, NA ("Wells Fargo") has filed a Motion to Dismiss on the same grounds [Paper No. 15].

For the reasons that follow, the Court GRANTS WITH PREJUDICE SLS's Motion to Dismiss and Chase's Motion to Dismiss as to Counts I, II, III and VI of the Amended Complaint, and GRANTS WITHOUT PREJUDICE SLS's Motion to Dismiss and Chase's Motion to Dismiss as to all remaining counts. Further, the Court GRANTS WITHOUT PREJUDICE Deutsche Bank and MERS's Motion to Dismiss and Wells Fargo's Motion to Dismiss as to themselves.

I.

The Amended Complaint is largely incoherent and devoid of material factual allegations. Although its few alleged facts center on foreclosure, the Felders ultimately allege civil rights violations, criminal violations, and various intentional torts. Despite the deficiencies in the pleadings, the Court has been able to glean the following basic facts from the briefs and exhibits filed in connection with Defendants' Motions to Dismiss.[2]

The case arises from foreclosure proceedings relating to four Felder properties located in Prince George's County, Maryland:

• 5502 Parkers Endeavor Drive, Bowie, Maryland 20720 ("Parkers Property")
• 2406 Nicol Circle, Bowie, Maryland 20721 ("Nicol Property")
• 10605 Blackstone Avenue, Cheltenham, Maryland 20623 ("Blackstone Property")
• 17119 Aspen Leaf Drive, Bowie, Maryland 20716 ("Aspen Property")

See SLS's Mot. to Dismiss 2 ( citing Am. Compl. pp. 9-10).

Between 1993 and 2012, a number of events involving these properties occurred, including the recording of deeds and deeds of trust, trustee sales, and orders of ratification. See Id. at 2 ( citing Am. Compl. pp. 9-11). At some point there was a foreclosure sale of one or more of the properties. Id. at 2 ( citing Am. Compl. p. 15). Plaintiffs say they did not receive "notice... after the first sale of the subject property." Id. at 2 ( citing Am. Compl. p. 15). They continue: "[F]ormer [S]heriff [M]ichael [A]ngelo Jackson did not have sufficient evidence to proceed with a sheriff's sale. [T]he sheriff is not in possession of and never will be in possession of a valid court order for the sale of the subject property." Id. at 2 ( citing Am. Compl. pp. 16-17). It is not clear from the Amended Complaint, however, what property was sold at the sheriff's sale.

Chase was the servicer of a loan to Harold Felder that was secured by deeds of trust on the property at 2406 Nicol Circle in Bowie, Maryland (the "Property"). See Chase's Mot. to Dismiss, Docket No. 12, at 2. Felder had purchased the Property for $705, 000 on November 30, 2006, financing part of the purchase price with a trust loan of $564, 000.[3] Id. The deed and the deed of trust were recorded in the land records of Prince George's County. Chase has provided copies of the deed and the deed of trust. See Docket No. 12, Ex. A and B.

By August 2008, Harold Felder was in default on the trust loan and Washington Mutual Bank, which had become the noteholder, appointed as Substitute Trustees co-defendants John S. Burson, William M. Savage, Gregory N. Britto, Jason Murphy, Kristine D. Brown, and Erik W. Yoder (together, the "Substitute Trustees"). The deed of ...


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