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King v. Caliber Home Loans, Inc.

United States District Court, D. Maryland, Southern Division

September 22, 2017

LAZINA KING, et al., Plaintiffs,
v.
CALIBER HOME LOANS, INC., Defendant.

          MEMORANDUM OPINION

          GEORGE J. HAZEL, UNITED STATES DISTRICT JUDGE.

         This is an action brought by Plaintiffs Lazina and Ria King against Defendant Caliber Home Loans. Inc. ("Caliber"), arising out of the foreclosure and subsequent sale of Plaintiffs" home by Caliber. ECF No. 1 at 3.[1] Plaintiffs allege that Caliber "dual-tracked" their mortgage: that is. at the same time that Caliber was initiating foreclosure proceedings against the Kings. they were also working with the Kings on a loan modification package. Plaintiffs seek $50 million from Caliber under a variety of state and federal legal claims. Id., at 10. Presently pending before the Court is Defendant's Motions to Dismiss, ECF No. 4. ECF No. 17.[2] No hearing is necessary. See Loc. R. 105.6 (D. Md. 2016). For the following reasons. Defendants" Motion to Dismiss is granted.

         I. BACKGROUND

         A. Factual Background

         In 1 996. Plaintiff Lazina King purchased the home located at 141 N. Huron Drive. Oxon Hill. MD. ECF No. 21 at 3. In May 2007. Ms. King refinanced the mortgage for her home through Beneficial Homeowner Service Corp. ("Beneficial") and added her daughter. Ria King, to the mortgage. Id. In March 2013. Lazina King became ill and underwent two emergency surgeries: following these surgeries, the Kings became delinquent on their mortgage payments. Id. at 4; ECF No. 17-1 at 3. In February 2014. the Kings' mortgage was transferred to Defendant Caliber Home Loans. Inc. ("Caliber"). ECF No. 21 at 5. A few months later, in April 2014. the Kings requested that Caliber assist them with loan modification, and faxed a list of documents to Caliber on April 9, 2014. ECF No. 1 at 3. Still waiting for a response, in May 2014. the Kings called Caliber to check on the status of their modification application. Caliber told them that their file had been closed, because there was a cease and desist order listed on the Kings" account, and Caliber was unable to contact them.[3] Id. Caliber subsequently re-opened the Kings" file, and the Kings submitted additional documents to Caliber. Id. at 4. In June 2014. Caliber sent the Kings a letter stating that the Kings" "[a|ccount is currently able to apply for in-house modification, short sale, deed in lieu and repayment plan options." Id. However, on July 1 5, 2014. the Kings were informed that their application was again closed due to the cease and desist order. Id. at 6. Again, Caliber re-opened the Kings" file, and requested additional documents, which the Kings faxed to Caliber on July 30. 2014. Id. The Kings did not receive a decision on their loan modification, but received a letter dated August 22. 2014, informing them that their house was scheduled to be sold. Id.

         On June 3. 2014. a foreclosure suit was initiated in the Circuit Court for Prince George's County against the Kings. ECF No. 17-4 at 1. The Kings" house was sold at auction on September 19. 2014. which was subsequently ratified by the Circuit Court on February 26, 2015. Id.

         B. Procedural Background

         The Kings have raised their allegations and legal claims at every level of the Maryland court system available to them: in the Circuit Court for Prince George's County (the "Circuit Court"), at the Court of Special Appeals, and at the Court of Appeals. The Court briefly summarizes those proceedings.

         1. Circuit Court

         On September 3, 2014. the Kings submitted a letter to the Circuit Court requesting a hearing to halt the foreclosure proceedings on their property, as Caliber had allegedly been moving forward with the foreclosure proceedings at the same time they were requesting information from the Kings for a loan modification package:[4] the court denied that request on September 16. 2014, Id. at 2. Following the sale of their house, on March 25. 201 5. the Kings tiled another letter in the Circuit Court requesting an appeal from the foreclosure decision. ECF No. 17-6 at 3-4. On April 1 7. 2015. the Kings tiled a Notice of Appeal. ECF No. 1 7-4 at 4. The Kings filed an emergency motion to stay their eviction order with the Circuit Court on July 24. 2015. and the motion was denied on August 4, 2015 "for failing to state a valid defense or present a meritorious argument." ECF No. 17-4 at 5. On January 20, 2016. the Kings tiled another Emergency Motion to Stay with the Circuit Court, alleging the facts stated above. ECF No. 17-6 at 5. On March 4. 2016. the Circuit Court stayed the case pending the Kings' appeal. ECF No. 17-4 at 6.[5]

         2. Court of Special Appeals

         While continuing to file motions in Circuit Court, the Kings filed a notice of appeal to the Court of Special Appeals on April 16. 2015. ECF No. 17-8 at 5. On September 23, 2015. the Kings filed a brief with the Court of Special Appeals, raising the arguments that they raise here. ECF No. 4-4 at 13. On February 9. 2016. the Court of Special Appeals of Maryland dismissed the Kings' appeal, without reaching the merits of the complaint, concluding that the Kings" notice of appeal was not filed "within thirty days of the order ratifying the foreclosure sale." ECF No. 17-8 at 4-5.

         3. Court of Appeals

         Additionally, on October 21. 2015. the Kings filed a "Motion to Appeal the Denial of the Stay of the Execution of Eviction" with the Maryland Court of Appeals, also raising the same arguments they raise here. ECF No. 4-4 at 1. On November 23. 2015, the Court of ...


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