Thapar et al v. Optima Mortgage Corporation et al

Filing 33

MEMORANDUM. Signed by Judge J. Frederick Motz on 1/27/2017. (bas, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

SANJIV THAPAR, ET AL.

v.
OPTIMA MORTGAGE CORP., ET AL.

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Civil No. - JFM-16-2500

MEMORANDUM

Plaintiffs have filed this action against Optima Mortgage Corporation and Nationstar
Mortgage LLC. The complaint alleges two claims against Nationstar: intentional infliction of
emotional distress and declaratory relief that the plaintiffs own the property free and clear of the
deed of trust which they executed. Nationstar has filed a motion to dismiss. The motion will be
granted. Further, the case will be dismissed as to Optima as well because (l) the time for
plaintiff to effect service of process upon Optima has expired, and (2) any claim against Optima
is time-barred.
The complaint fails to state a claim for intentional infliction of emotional distress against
Nationstar because the allegations in the complaint do not reveal that any conduct by Nationstar
was extreme and outrageous or that plaintiffs have experienced extreme emotional distress.
Indeed, the allegations establish that Nationstar's conduct was entirely appropriate. As the
beneficiary of the deed of trust, Nationstar was entitled to proceed against the property covered
by the deed of trust. It is undisputed that plaintiffs are in default under their mortgage loan
applications.
This action was filed in the Circuit Court of Prince George's County, Maryland and
removed to this court on July 6,2016.

Since that time, plaintiffs have not effected service upon

Optima. Moreover, any claims that plaintiffs have against Optima are time-barred. Optima
made the loan to plaintiffs in 2007.
A separate order dismissing this action is being entered herewith.

Date:

1/1/)11"-

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J. liederick Mot
United States District Judge