United States District Court, D. Maryland, Southern Division
J. HAZEL, UNITED STATES DISTRICT JUDGE.
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
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. No hearing is
necessary. See Loc. R. 105.6 (D. Md. 2016). For the
following reasons. Defendants" Motion to Dismiss is
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. 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.
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.
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
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: 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.
Court of Special Appeals
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.
Court of Appeals
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 ...