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Tollison v. In considering a motion for judgment on the pleadings, the court applies the same standard as for motions made pursuant to Rule 12 b 6. Independence News, Inc. City of Charlotte , F.
The Lennons' lengthy Amended Complaint largely consists of convoluted or incomprehensible assertions. However, the crux of the allegations in the Lennons' Amended Complaint appears to challenge the validity of their mortgage s and actions taken during or following the closing of the transaction refinancing their loan.
The Lennons first appear to allege that in July their original mortgage was provided to Mical Mortgage, Inc. The Lennons also state that Countrywide is a servicer of the mortgage.
This letter includes the signature block "Sincerely, You're Name. The Lennons allege that in June , National Title Network helped the defendants and prepared an assignment and subordination agreement. The Lennons allege that they attempted to contact Defendant John LA Camp, who signed the document as assistant treasurer, and were informed by the corporate offices of National Title Network that he was not employed there.
Further, the subordination agreement appears to state that the loan with Pentagon Federal Credit Union would be secondary to the loan with Amerigroup Mortgage Corporation. Finally, the Lennons allege that in May , they refinanced their mortgage with Amerigroup Mortgage who arranged the closing. Defendant Neely served as the closing attorney for this loan and the Lennons allege that Amerigroup Mortgage Corporation delegated some of the closing responsibilities to Defendant Mobley and National Title Network Corporation.
Specifically, the Lennons allege that the property value was misrepresented, the refinance was a purchase by the mortgagor, and the funds were not collected and disbursed as represented in the closing statement.
See Defs. Pending before this court are the following motions: Defendant Neely's motion to dismiss for failure to state a claim and for lack of jurisdiction ECF No. The only federal cause of action before the court concerns allegations against all defendants that they violated RICO, specifically 18 U.
These subsections provide:. To establish a civil RICO claim, plaintiffs must allege 1 conduct 2 of an enterprise 3 through a pattern 4 of racketeering activity. Sedema, S. Imrex Co. A "pattern of racketeering activity" requires at least two predicate acts of racketeering. See id. Chiropractic Ass'n v. Trigon Healthcare, Inc. The Lennons generally allege that the defendants conspired by fraudulently inducing the Lennons to refinance their mortgage with a fraudulent loan application, fraudulent closing statements and other documents, and in transferring the title to real estate.
See Am. The Lennons also appear to allege that the defendants sold their mortgage in the secondary market for mortgage-backed securities to Mortgage Investors Corp. Finally, the Lennons state that the defendants engaged in mail fraud, wire fraud, and engaged in a scheme to defraud the plaintiffs and obtain funds from them through false or fraudulent pretense and representations all in violation of 18 U.
After reviewing the Lennons' Amended Complaint liberally, and accepting the factual averments as true, the court finds the Amended Complaint fails to allege sufficient facts to state a plausible civil RICO claim. The Lennons have summarily alleged that the defendants engaged in mail and wire fraud without alleging any specific acts by the defendants that would constitute mail or wire fraud or facts showing how they detrimentally relied on any act of the defendants.
See Chisolm v. TranSouth Fin. Wasserman , F. Wintergreen Real Estate Co. App'x , n. Pleadings at , ECF No 80 at discussing cases in this circuit rejecting aggregated allegations of fraud and pleadings that fail to identify the specific allegedly fraudulent conduct of each defendant. Therefore, all defendants are entitled to dismissal of these claims.
In light of the fact that the defendants are entitled to dismissal of the federal claims, it is recommended that the court decline to exercise supplemental jurisdiction over the Lennons' numerous state law claims.
The Lennons have failed to state a plausible federal claim and therefore this action should be dismissed. Also pending before the court are the Lennons' motion for an order to show cause, which appears to seek a ruling in their favor on this case, ECF No. In light of the above recommendations, the court further recommends that the Lennons' motion be denied and the discovery motions be terminated as moot.
There are no allegations showing that the Lennons' mortgages would meet this definition. Listed below are the cases that are cited in this Featured Case.
Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case. Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case. View Case Cited Cases. May 18, A claim is facially plausible when the factual content allows the court to reasonably infer that the defendant is liable for the misconduct alleged.
When considering a motion to dismiss, the court must accept as true all of the factual allegations contained in the complaint. Pursuant to Rule 12 c of the Federal Rules of Civil Procedure, a party may move for judgment on the pleadings after the pleadings are closed. A motion for judgment on the pleadings should be granted when viewing the facts in the light most favorable to the non-moving party, there remain no genuine issues of material fact, and the case can be decided as a matter of law.
Tollison v. In considering a motion for judgment on the pleadings, the court applies the same standard as for motions made pursuant to Rule 12 b 6. Independence News, Inc. City of Charlotte , F. The Lennons' lengthy Amended Complaint largely consists of convoluted or incomprehensible assertions. However, the crux of the allegations in the Lennons' Amended Complaint appears to challenge the validity of their mortgage s and actions taken during or following the closing of the transaction refinancing their loan.
The Lennons first appear to allege that in July their original mortgage was provided to Mical Mortgage, Inc. The Lennons also state that Countrywide is a servicer of the mortgage. This letter includes the signature block "Sincerely, You're Name. The Lennons allege that in June , National Title Network helped the defendants and prepared an assignment and subordination agreement.
The Lennons allege that they attempted to contact Defendant John LA Camp, who signed the document as assistant treasurer, and were informed by the corporate offices of National Title Network that he was not employed there.
Further, the subordination agreement appears to state that the loan with Pentagon Federal Credit Union would be secondary to the loan with Amerigroup Mortgage Corporation. Finally, the Lennons allege that in May , they refinanced their mortgage with Amerigroup Mortgage who arranged the closing.
Defendant Neely served as the closing attorney for this loan and the Lennons allege that Amerigroup Mortgage Corporation delegated some of the closing responsibilities to Defendant Mobley and National Title Network Corporation.
Specifically, the Lennons allege that the property value was misrepresented, the refinance was a purchase by the mortgagor, and the funds were not collected and disbursed as represented in the closing statement. See Defs. Pending before this court are the following motions: Defendant Neely's motion to dismiss for failure to state a claim and for lack of jurisdiction ECF No.
The only federal cause of action before the court concerns allegations against all defendants that they violated RICO, specifically 18 U. These subsections provide:. To establish a civil RICO claim, plaintiffs must allege 1 conduct 2 of an enterprise 3 through a pattern 4 of racketeering activity. Sedema, S. Imrex Co.
A "pattern of racketeering activity" requires at least two predicate acts of racketeering. See id. Chiropractic Ass'n v. Trigon Healthcare, Inc. The Lennons generally allege that the defendants conspired by fraudulently inducing the Lennons to refinance their mortgage with a fraudulent loan application, fraudulent closing statements and other documents, and in transferring the title to real estate.
See Am. The Lennons also appear to allege that the defendants sold their mortgage in the secondary market for mortgage-backed securities to Mortgage Investors Corp. Finally, the Lennons state that the defendants engaged in mail fraud, wire fraud, and engaged in a scheme to defraud the plaintiffs and obtain funds from them through false or fraudulent pretense and representations all in violation of 18 U.
After reviewing the Lennons' Amended Complaint liberally, and accepting the factual averments as true, the court finds the Amended Complaint fails to allege sufficient facts to state a plausible civil RICO claim.
The Lennons have summarily alleged that the defendants engaged in mail and wire fraud without alleging any specific acts by the defendants that would constitute mail or wire fraud or facts showing how they detrimentally relied on any act of the defendants. See Chisolm v. TranSouth Fin. Wasserman , F. Wintergreen Real Estate Co.
App'x , n. Pleadings at , ECF No 80 at discussing cases in this circuit rejecting aggregated allegations of fraud and pleadings that fail to identify the specific allegedly fraudulent conduct of each defendant. Therefore, all defendants are entitled to dismissal of these claims. In light of the fact that the defendants are entitled to dismissal of the federal claims, it is recommended that the court decline to exercise supplemental jurisdiction over the Lennons' numerous state law claims.
The Lennons have failed to state a plausible federal claim and therefore this action should be dismissed. Also pending before the court are the Lennons' motion for an order to show cause, which appears to seek a ruling in their favor on this case, ECF No.
In light of the above recommendations, the court further recommends that the Lennons' motion be denied and the discovery motions be terminated as moot. There are no allegations showing that the Lennons' mortgages would meet this definition. Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case.
Citations are also linked in the body of the Featured Case.
WebAddress: Central Ave Ste Saint Petersburg, FL, United States. MORTGAGE INVESTORS CORPORATION branch. Company Number Status Pending Incorporation Date 24 January (over 26 years ago Branch of MORTGAGE INVESTORS CORPORATION (Ohio (US)) Alternative Names. AMERIGROUP MORTGAGE CORPORATION (trading name, - ) Inactive Directors / Officers. CHERYL GRAHAM, . Central Ave. Saint Petersburg, FL Get Directions. () File a Complaint.