Aikens v. Rocket Mortgage

Filing 5

MEMORANDUM ORDER : Plaintiff is ordered to file an amended complaint as outlined in this order by 5/31/2024. Signed by Magistrate Judge Mark L Hornsby on 5/8/2024. (crt,Keifer, K)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION
DANIEL DEWAYNE AIKENS #21495-035

CIVIL ACTION NO. 24-cv-575

VERSUS

JUDGE EDWARDS

ROCKET MORTGAGE

MAGISTRATE JUDGE HORNSBY

MEMORANDUM ORDER
Daniel Dewayne Aikens (“Plaintiff”), who is self-represented, filed this civil action
against Rocket Mortgage.

Plaintiff alleged that the actions of Rocket mortgage in

connection with a 2019 repossession of his home were in violation of 12 C.F.R. § 1024.39.
Plaintiff does not allege where the home was located, the date of the foreclosure (beyond
2019) or specify how Rocket Mortgage allegedly violated the regulation.
It is questionable whether the regulation at issue provides a private cause of action
to support a claim against Rocket Mortgage. Gresham v. Wells Fargo Bank, NA, 642 Fed.
Appx. 355, 359 & n. 16 (5th Cir. 2016); Zaragoza v. PHH Mortgage Corporation, 2023
WL 2815879 (N.D. Tex. 2023).
A complaint fails to state a claim on which relief may be granted if it does not
contain enough facts to state a claim to relief that is plausible on its face. The current
complaint contains few facts.

Accordingly, Plaintiff is ordered to file an amended

complaint by May 31, 2024 and attempt to set forth his best factual case in support of a
violation of the regulation he cites. Plaintiff should identify the location of the repossessed
home, allege the particular dates on which the foreclosure proceeding commenced and

when the home was sold, and set forth particular facts in an effort to demonstrate how
Rocket Mortgage allegedly violated any requirement of 12 C.F.R. § 1024.39.
THUS DONE AND SIGNED in Shreveport, Louisiana, this 8th day of May, 2024.

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