Brannon v. BAC Home Loans Servicing, L.P., et al

Filing 15

ORDER & REASONS that Defendant's 14 Motion for Judgment on the Pleadings is DISMISSED WITH PREJUDICE. Signed by Judge Eldon E. Fallon on 6/7/18. (dno)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

MONIQUE BRANNON
versus
BAC HOME LOANS SERVICING, L.P., ET AL.

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CIVIL ACTION
No. 18-1965
SECTION “L” (4)

ORDER & REASONS
Before the Court is Defendant’s Motion for Judgment on the Pleadings, R. Doc. 14.
Plaintiff have failed to respond. Having considered the Defendant’s motion and the applicable
law, the Court now issues this Order & Reasons.
This case arises from a contractual relationship between the parties regarding a home loan
and mortgage. R. Doc. 1-1. Plaintiff Monique Brannon owns a property in Metairie, Louisiana. R.
Doc. 1-1 at 2. Plaintiff executed a note and mortgage, secured by the property, with Primary
Residential Mortgage, Inc. (“Primary”). R. Doc. 1-1 at 2. In 2004, Primary assigned its rights in
the note and mortgage to Defendant BNY Mellon of New York, Inc. (“BNY”). R. Doc. 1-1 at 2.
Primary also assigned its rights as the loan servicer or loan service agent to Countrywide Home
Loans Servicing, LP (“Countrywide”). R. Doc. 1-1 at 2. Countrywide was then acquired by a
subsidiary of Defendant Bank of America, N.A. R. Doc. 1-1 at 3. Plaintiff alleges that during the
year May 2013-May 2014 she overpaid for homeowners’ insurance and is entitled to a refund. R.
Doc. 1-1 at 4. Plaintiff also alleges that in December 2014 her escrow agent failed to pay the
premium on her flood insurance and since that time Plaintiff has made accounting demands upon
the escrow agent. R. Doc. 1-1 at 4-5.
In 2015, Plaintiff became delinquent on the property note. R. Doc. 1-1 at 5. After
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negotiating with the lender, Plaintiff’s note and mortgage were transferred and assigned to
Defendant National Residential Assets Corp. (“National”). R. Doc. 1-1 at 5. National then filed a
foreclosure suit against Plaintiff. R. Doc. 1-1 at 5. Plaintiff alleges that BNY and National acted
together to transfer and assign the note and mortgage to deprive Plaintiff of her defenses and offsets
(overpaying on homeowners’ insurance and claims for accounting against escrow agent) in the
foreclosure suit. R. Doc. 1-1 at 7. Plaintiff further alleges that National has unilaterally modified
the terms of the note and mortgage and charged unlawful interest, penalties, and fees. R. Doc. 1-1
at 8. Plaintiff asks for 1) full accounting of payments and charges on the loan, mortgage, and
escrow account, 2) provision of certain documents, 3) a “Life of the Loan Accounting,” and 4)
return of erroneous fees, interest, and penalties. R. Doc. 1-1 at 8-9. Plaintiff further argues that
because Defendants have breached the loan and mortgage agreements they are no longer valid and
enforceable. R. Doc. 1-1 at 9.
Defendant BAC Home Loans Servicing, L.P. moves to dismiss Plaintiff’s claims. R. Doc.
14. Plaintiff has failed to respond to the motion. Plaintiff has also failed to respond to prior
motions or participate in a show cause hearing. R. Doc. 13. The Court finds that Plaintiff has
failed to prosecute her claims against Defendant BAC Home Loans Servicing, L.P. Therefore,
the Court grants Defendant’s motion as unopposed and dismisses all claims against BAC Home
Loans Servicing, L.P. with prejudice.
IT IS ORDERED that Defendant’s motion, R. Doc. 14, is hereby GRANTED and all of
Plaintiff’s claims against Defendant hereby DISMISSED WITH PREJUDICE.

New Orleans, Louisiana this 7th day of June, 2018.

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UNITED STATES DISTRICT JUDGE
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