United States District Court, D. Maryland
XINIS UNITED STATES DISTRICT JUDGE
Angele Rose Reid (“Plaintiff” or
“Reid”) brings this pro se action
against New Century Mortgage Corporation a/k/a Deutsche Bank
National Trust Company (“Deutsche Bank”) and BWW
Law Group, LLC (“BWW”) to quiet title on the real
property located at 2305 Norlinda Avenue, Oxon Hill, Maryland
20745 (“the Property”). Pending before the Court
are Defendants' Motions to Dismiss the Complaint for
Failure to State a Claim under Federal Rule of Civil
Procedure 12(b)(6), ECF Nos. 9, 15, and Plaintiff's
Motion Requesting the Court to Appoint a Mediator, ECF No.
20. The issues have been briefed, ECF Nos. 9, 12, 15, 16, 18,
20, 21, 22, and no hearing is required, see Local
Rule 105.6 (D. Md. 2016). For the reasons explained below,
the Motions to Dismiss are granted and the Motion Requesting
the Court to Appoint a Mediator is denied as moot.
is the former owner of the Property. ECF No. 1 ¶¶
2, 17 (“Compl.”). On October 26, 2006, the
Property was conveyed via warranty deed to Cheryl Johnson.
See ECF No. 9-3. To purchase the Property, Johnson
secured a loan from New Century Mortgage Corporation for
$403, 750.00 and executed a deed of trust conveying legal
title to the Property and the right to foreclose upon
default. See ECF No. 15, Ex. B. This deed of trust
was later assigned to Defendant Deutsche Bank, as trustee for
a securitized pool of loans. See Compl. ¶¶
8, 9; ECF No. 15, Ex. C.
after Johnson purchased the Property, she became delinquent
on her loan. Compl. ¶ 80. As a result, Deutsche Bank
began sending foreclosure notices to the Property, where Reid
still resided. Id. ¶¶ 80-91. In May 2007,
Reid recorded a Notice of Revocation of Power of Attorney and
Rescission and Cancellation of Foreclosure Consultant
Contract and Foreclosure Conveyance Deed, pursuant to which
she purportedly rescinded the warranty deed that had
transferred title to Johnson. See ECF No. 15, Ex. D.
ultimately defaulted on her loan with Deutsche Bank. Compl.
¶ 80. In response, BWW and Deutsche Bank initiated
formal foreclosure proceedings on the Property in September
2015. WBGLMC v. Johnson, CAEF15-26303 (Cir. Ct.
Prince George's Cty., Md. Sept. 15, 2015). The Property was
sold at a foreclosure sale to Deutsche Bank and Plaintiff was
evicted from the Property on January 2, 2018. Compl. ¶
99. Throughout the period from conveyance to foreclosure
sale, however, several lawsuits ensued. Each is recounted
Bank filed suit against Reid and Johnson in the Circuit Court
for Prince George's County on June 16, 2011. Deutsche
Bank Nat'l Trust v. Reid, CAE11-14694 (Cir. Ct.
Prince George's Cty., Md. June 22, 2011) (the
“First Lawsuit”). In the First Lawsuit, Deutsche
Bank sought declaratory judgment to confirm that the Deed of
Trust which Johnson assigned as security “is a valid
and enforceable interest/encumbrance/lien against the
Property;” that Reid maintained “no claim or
rescissionary interest in the Property affecting Deutsche
Bank's interest;” and that “Deutsche Bank (as
secured party under the Deed of Trust) has superior, right,
title, and interest.” See ECF No. 9-6. Reid
filed counterclaims against Deutsche Bank and cross-claims
against Johnson, requesting declaratory and injunctive relief
for quiet title. ECF No. 9-7. Specifically, Reid sought
confirmation that she “is the absolute owner of the
property, ” that “any deed recorded by defendant
Cheryl R. Johnson as a result of the purported transfer of
the property is void ab initio, ” and that
“[Reid] has complete, sole, and uninterrupted ownership
and rights in the property. . . .” See id. at
Reid, through counsel, entered into a settlement agreement
with Deutsche Bank on or about February 23, 2012. ECF No. 9-9
at 3-4. The parties agreed that Reid would release her claims
against Deutsche Bank and would pay monthly forbearance fees
of $1, 500 for four months. Reid also was permitted to
refinance the loan at any time prior to July 1, 2012.
Id. The settlement agreement further provided that
if Reid failed to make timely forbearance payments, Reid
would withdraw her Notice of Rescission, ratify her
conveyance to Johnson, release to Deutsche Bank any claim,
right, title and interest in the Property, and vacate the
Property. Id. at 4.
failed to remit the forbearance payments as required.
Id. at 4. Consequently, on June 15, 2012, Deutsche
Bank moved in the Circuit Court to enforce the agreement,
which the court granted. Id. at 5. In particular,
the court struck Reid's May 2007 Notice of Rescission,
ratified the conveyance to Johnson, dismissed Reid's
claims against Deutsche Bank with prejudice, and directed
Reid to vacate the property. ECF No. 9-8. Reid unsuccessfully
moved for reconsideration and then appealed the court's
decision. ECF No. 9-9 at 2. On June 4, 2014, the Maryland
Court of Special Appeals issued a thirteen-page opinion
affirming the Circuit Court. Id.
12, 2012, Reid filed suit in this Court against Deutsche
Bank, Cheryl Johnson, and BWW's predecessor in interest,
the firm of Bierman, Geesing, Ward & Wood,
See Reid v. New Century Mortg. Corp., Civ. No.
AW-12-2083, 2012 WL 6562887, at *1 (D. Md. Dec. 13, 2012)
(the “Second Lawsuit”). In this action, Reid sought
to quiet title on the Property and also asserted federal
statutory claims against BWW under the Fair Debt Collection
Practices Act, 15 U.S.C. § 1692, et. seq.
(“FDCPA”). ECF No. 9-10 at 18, 19, 22. This Court
dismissed the claims as barred on res judicata
grounds because the First and Second Lawsuits involved the
same parties and “essentially equivalent” claims.
ECF No. 9-11 at 5. In so doing, this Court rejected
Reid's contention that the state court's judgment did
not amount to adjudication on the merits because the prior
court merely enforced a settlement agreement. Id.
This Court reasoned:
Instead of litigating these claims, Plaintiff opted to settle
the case. The settlement gave Plaintiff a chance to keep the
property. Plaintiff squandered this opportunity by failing to
make the agreed-upon mortgage payments even though she
received an option to pay off the second mortgage for an
amount that was no greater than her original one.
Consequently, [Deutsche Bank] moved to enforce the settlement
agreement, which the state court granted. The state court
also ratified the conveyance to Johnson and dismissed
Plaintiff's counterclaims with prejudice. Thus, the state
court's decision had substantive impact and reflects a
final resolution of all issues in the suit.
See id. at 5-6. This Court also dismissed the FDCPA
claims against BWW as time-barred and otherwise not pleaded
with sufficient specificity to survive challenge, and closed
the case with prejudice. ECF No. 9-11 at 7, 9.