Halder et al v. Penny Mac Loan Services, LLC et al

Filing 44

ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Richard Seeborg on 5/6/13. (cl, COURT STAFF) (Filed on 5/6/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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ANTHONY HALDER and ARPA
HALDER, individually and as trustees of the
2012 Halder Family Trust Dated February
29, 2012,

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No. C 12-05757 RS
ORDER DISMISSING CASE WITH
PREJUDICE

Plaintiffs,
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v.
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PENNY MAC LOAN SERVICES, LLC;
OLD REPUBLIC TITLE COMPANY; OLD
REPUBLIC DEFAULT MANAGEMENT
SERVICES, a division of OLD REPUBLIC
DIVERSIFIED SERVICES, INC.; OLD
REPUBLIC NATIONAL TITLE
INSURANCE COMPANY; MORTGATGE
ELECTRONIC REGISTRATION
SYSTEMS, INC.; CITIMORTGAGE, INC.
and DOES 1-100, inclusive,
Defendants.
____________________________________/
Plaintiffs Anthony and Arpa Halder filed a complaint advancing a variety of state law claims

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as well as violations of the Truth In Lending Act (TILA), 15 U.S.C. § 1601, and Racketeer
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Influenced and Corrupt Organizations (RICO) violations under 18 U.S.C. § 1962. The Halders
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sought to stop the foreclosure of their home and obtain legal title, and possession of it, from
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defendants on the basis that they lack the power to foreclose as the deeds of trust recorded on their
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property are defective. Represented by counsel, they sued a variety of the organizations that were
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NO. C 12-05757 RS
ORDER

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involved in issuing the mortgage on their home, including Mortgage Electronic Registration

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Systems, Inc. (MERS), the original beneficiary of the deed of trust executed when they took out the

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mortgage in question, PennyMac Loan Services, LLC (PLS), who serviced the loan on behalf of

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non-party PennyMac (to whom MERS purportedly assigned the deed of trust), Old Republic Title

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Company, the trustee of the original deed of trust, and Old Republic Default Management Services

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(Old Republic), the division of Old Republic Title Company that recorded the notice of default on

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their home. MERS and Penny Mac jointly moved to dismiss the complaint, as did Old Republic

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Default Management Services.

For the Northern District of California

The motion to dismiss was granted without prejudice and the Halders were informed that

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United States District Court

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failure to file an amended complaint on or before April 29, 2013, would result in their case being

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dismissed without further notice. No such complaint having been filed, it hereby is.

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IT IS SO ORDERED.

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Dated: 5/6/13
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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NO. C 12-05757 RS
ORDER

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