Harris v. USAA Federal Savings Bank et al

Filing 10

MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 12/17/12. (KGE, )

FILED
2012 Dec-17 AM 11:30
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAVID HARRIS, III,

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Plaintiff
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v.
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USAA FEDERAL SAVINGS BANK, et }
al.,
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Defendants.
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CIVIL ACTION NO.
12-AR-3780-S

MEMORANDUM OPINION
By order entered on November 28, 2012, this court set for oral
argument at 10:00 a.m., December 14, 2012, the separate motions to
dismiss filed by defendants, USAA Federal Savings Bank, and U.S.
Bancorp. Plaintiff, David Harris, III, pro se, was notified of the
hearing.

When the motions were called at 10:05 a.m., December 14,

2012, Harris did not appear.

Counsel for both defendants did

appear in support of defendants’ motions.
The

court

has

considered

the

motions

and

submitted in support of and in opposition to them.

the

materials

The court finds

that the motions are well taken, and are due to be granted.
Neither of the papers filed by plaintiff on November 26, 2012,
comes close to getting around the pleading requirements of Bell
Atl. Corp. v. Twombly, 550 U.S. 544, or Ashcroft v. Iqbal, 129
S.Ct. 1937, or demonstrates that the matters complained of are
within

the

protection

either

of

the

Real

Estate

Settlement

Procedures Act, or The Service Members Civil Relief Act, the
statutes invoked by Harris.
It is hard for a court to deny relief to a pro se plaintiff
who, without any legal training, has obviously tried his best. The
court doubts that a good lawyer could have helped him in this case
on the facts he alleges.
counterclaim for a

Because neither defendant filed a

deficiency, defendants are precluded from

claiming a deficiency if there is a gap between what was recovered
at the foreclosure sale, and what Harris owed.
The motions to dismiss will be granted by separate order.
DONE this 17th day of December, 2012.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE