Eaglin v. Select Portfolio Servicing Inc. et al

Filing 12

MEMORANDUM. Signed by Judge J. Frederick Motz on 3/18/14. (c/m apls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

KIMBERLY K. EAGLIN

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v.
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SELECT PORTFOLIO SERVICING, INC.
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ET AL.
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Civil No. – JFM-13-3159

MEMORANDUM

Plaintiff has brought this action against Select Portfolio Servicing, Inc., Mortgage
Electronic Registration Systems, and Bank of America, N.A. Defendants have filed motions to
dismiss. The motions will be granted.
Plaintiff’s claims arise from a loan that had been made not to her but to her deceased
husband. Plaintiff alleges that she has the right to maintain the action because the property
which served as collateral for the loan has been transferred to her by a quit claim deed
subsequent to her husband’s death.1
Plaintiff’s claims arise not from the property which she now owns but from alleged
wrongs committed against her deceased husband when the loan was made. These claims have
not been transferred to plaintiff. Therefore, plaintiff lacks “standing” as alleged by defendants.
Moreover, she has failed to state a claim upon which relief can be granted since she does not
have the right to maintain this action.
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Plaintiff has also filed a motion for leave to file an amended complaint. If I were granting
defendants’ motions on the ground that plaintiff had failed to comply with the requirements of
Iqbal and Twombly (as I would do were I not to dismiss this action on the ground that I am
relying upon) I would grant the motion. However, no useful purpose would be served by
permitting plaintiff to file an amended complaint because, as discussed in the text, there is a
fundamental defect in plaintiff’s theory of the case.
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A separate order dismissing this action is being entered herewith.

Date: March 18, 2014

__/s/______________________
J. Frederick Motz
United States District Judge

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