Alexander-Lister v. J.P.Morgan Chase Bank, N.A. et al

Filing 7

ORDER ADOPTING 3 Final Report and Recommendation, the Complaint is DISMISSED for failure to state a claim on which relief can be granted. Signed by Judge Thomas W. Thrash, Jr on 1/14/2016. (adg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
BOBBY JO ALEXANDER-LISTER,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:15-CV-3749-TWT

J.P. MORGAN CHASE BANK, N.A.
as servicer for
EMC Mortgage, LLC
formerly known as
EMC Mortgage Corp., et al.,
Defendants.
ORDER

This is an action under the Fair Debt Collection Practices Act. It is before the
Court on the Report and Recommendation [Doc. 3] of the Magistrate Judge
recommending dismissing the action for failure to state a claim. No objections to the
Report and Recommendation have been filed. For the reasons set forth in the
thorough and well-reasoned Report and Recommendation, the Plaintiff has no
standing to object to the assignment of her mortgage to EMC Mortgage.1 The Court

1

See McCloud v. HSBC Bank USA, NA, 618 Fed. Appx. 660 n.2 (11th
Cir. 2015) (“McCloud – as a non-party to the assignments – lacks standing to
challenge to validity of the assignments.”); Milburn v. Aegis Wholesale Corp., No.
1:12-CV-01886-RWS, 2013 U.S. Dist. LEXIS 36664, at *9 (N.D. Ga. Mar. 18, 2013)
T:\ORDERS\15\Alexander-Lister\r&r.wpd

approves and adopts the Report and Recommendation as the judgment of the Court.
This action is DISMISSED for failure to state a claim.
SO ORDERED, this 14 day of January, 2016.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

(explaining that “as a stranger to the Assignment, Plaintiff lacks standing to challenge
it”); Montgomery v. Bank of Am., 321 Ga. App. 343, 346 (2013) (finding that even
if “the assignment on behalf of MERS was flawed, the proper party to bring a claim
against MERS would be the other party to the assignment, BAC,” not the plaintiff
who therefore “has no basis to contest the validity of the assignment”).
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