Tremblay-Rego v. Wells Fargo Bank, N.A.

Filing 27

Judge George A. OToole, Jr: OPINION AND ORDER entered granting 15 Motion to Dismiss (Danieli, Chris)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 12-11093-GAO
ELIZABETH TREMBLAY-REGO
Plaintiff,
v.
WELLS FARGO BANK, N.A.
Defendant.

OPINION AND ORDER
August 13, 2013
O’TOOLE, D.J.
This case arises out of a reverse mortgage between Wells Fargo and the plaintiff’s
deceased mother. The plaintiff has filed a complaint against Wells Fargo seeking a declaratory
judgment that the mortgage was invalid, quiet title to the property and damages for a violation of
the implied covenant of good faith and fair dealing. Wells Fargo has moved to dismiss, arguing
that the plaintiff lacks standing to bring the Complaint.
According to the Complaint, the plaintiff’s mother, Louise Tremblay owned a house in
New Bedford, Massachusetts. In 1992 the house was transferred via a quitclaim deed from the
mother to the plaintiff, granting a life estate to the mother and the remainder to the plaintiff in fee
simple. In 2009 the plaintiff’s mother executed a reverse mortgage on the property with Wells
Fargo. At that time the plaintiff’s mother was mentally disabled and lacked the capacity to
contract. Wells Fargo was aware of the plaintiff’s fee simple remainder in the house but failed to
advise the plaintiff or her mother about the remainder interest. The plaintiff did not consent to
the mortgage. Wells Fargo is now attempting to foreclose.

Wells Fargo argues that the plaintiff lacks standing to bring this action. It appears that on
January 10, 2012, the plaintiff deeded her personal interest in the property to the Hummingbird
Realty Trust. The deed was recorded in the Bristol County Register of Deeds. This case was
commenced in state court in June 2012. The trust, holding title, was not, and is not, a named
plaintiff. Nor is the estate of Louise Tremblay, the mortgagor, a party this action.
The plaintiff as an individual is neither the record owner of the property nor the
mortgagor, and she may not bring suit in her individual capacity alone.
For the reasons stated herein, the Motion to Dismiss (dkt. no. 15) is GRANTED. The
complaint is DISMISSED.
It is SO ORDERED.
/s/ George A. O’Toole, Jr.
United States District Judge

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