Solomon: Wilbur-Cedric-Samuel v. Federal National Mortgage Association

Filing 5

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED plaintiff's motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that plaintiffs request for temporary restraining order is DENIED as this Court lacks jurisdiction over the subject matter of this lawsuit. IT IS FURTHER ORDERED that this action is DISMISSED for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3). An appropriate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Catherine D. Perry on November 12, 2014. (MCB)

FILED

UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SOLOMON:

U. S. DISTRICf COURT
EASTERN. DISTRICT OE MO
ST. LOUIS
.

WILBUR-CEDRIC-SAMUEL, )
)

Plaintiff,

NOV 1 2 2014

)
)

V.

No. 4:14CV1913 CDP

)

)

FED. NATI ON AL MORT. ASSOC., et al.,

)
)

Defendants.

)
MEMORANDUM AND ORDER

This matter is before the Court upon the motion of plaintiff for leave to commence this
action without prepayment of the filing fee pursuant to 28 U.S.C. § 1915.

Upon consideration

of the financial information provided with the motion, the Court finds that plaintiff is financially
unable to pay any portion of the filing fee.

As a result, plaintiff will be granted leave to proceed

in forma pauperis pursuant to 28 U.S.C. § 1915.

Additionally, the Court has reviewed the

complaint and will dismiss it pursuant to Federal Rule of Civil Procedure 12(h)(3) and 28 U.S.C.
§ 1915(e)(2)(B).

28 U.S.C. § 1915(e)
Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court must dismiss a complaint filed in forma
pauperis if the action is frivolous, malicious, fails to state a claim upon which relief can be
granted, or seeks monetary relief from a defendant who is immune from such relief.
is frivolous if it "lacks an arguable basis in either law or fact."
319, 328 (1989).

An action

Neitzke v. Williams, 490 U.S.

An action is malicious if it is undertaken for the purpose of harassing the

named defendants and not for the purpose of vindicating a cognizable right.

Spencer v. Rhodes,

656 F. Supp. 458, 461-63 (E.D.N.C. 1987), aff'd826 F.2d 1059 (4th Cir. 1987).

To determine whether an action fails to state a claim upon which relief can be granted,
the Court must engage in a two-step inquiry.

First, the Court must identify the allegations in

the complaint that are not entitled to the assumption of truth.
1950-51 (2009).

Ashcroft v. Iqbal, 129 S. Ct. 1937,

These include "legal conclusions" and "[t]hreadbare recitals of the elements of

a cause of action [that are] supported by mere conclusory statements."

Id. at 1949.

the Court must determine whether the complaint states a plausible claim for relief.
1950-51.

Second,

Id. at

This is a "context-specific task that requires the reviewing court to draw on its

judicial experience and common sense."

Id. at 1950.

The plaintiff is required to plead facts

that show more than the "mere possibility of misconduct."

Id.

The Court must review the

factual allegations in the complaint "to determine if they plausibly suggest an entitlement to
relief."

Id. at 1951.

When faced with alternative explanations for the alleged misconduct, the

Court may exercise its judgment in determining whether plaintiffs conclusion is the most
plausible or whether it is more likely that no misconduct occurred.

Id. at 1950, 51-52.

Plaintiff's Complaint and Request for Temporary Restraining Order
Plaintiff brings this action under several federal and state laws.

He asserts that this

Court has both federal question jurisdiction under a myriad of federal statutes, as well as
diversity jurisdiction.

See 28 U.S.C. §§ 1331 and 1332.

Named as defendants are:

Federal

National Mortgage Association; First Horizon Home Loans; C.D. Adams Financial Group, LLC;
David Benson; William C. Losch, III; and John Does 1-100.
Plaintiff alleges that he is the "accommodating party" 1 for mortgagors, Ginger and
Walter Solomon (collectively referred hereafter as "the Solomons").

1

He states that the

Plaintiff has not explained his relationship to the mortgagors in this action, and is it unclear
whether he would have standing to bring this action if the Court had jurisdiction over this matter.
2

Solomons entered into a mortgage with First Horizon Home Loan Corporation on August 8,
2003.

As security for the note on the mortgage, the Solomons signed a Deed of trust in favor of

Adams Financial Group, LLC, encumbering the property at 3085 Steed Drive, Florissant,
Missouri 63033.

It appears that Adams Financial Group assigned the Deed of Trust to First

Horizon Home Loans.
On July 24, 2013, the Circuit Court of St. Louis County entered a judgment in Case No.
13 SL-CC007 51, First Horizon Home Loans v. Walter Solomon (21st Judicial Circuit, St. Louis
County).

The final judgment quieted title in favor of First Horizon, allowing First Horizon to

have a priority lien on the Deed of Trust.
At some unspecified date, the Solomons defaulted on the Note.

The property was

apparently sold at foreclosure sale to Federal National Mortgage Association ("Fannie Mae"),
who then instituted unlawful detainer proceedings2 against the Solomons on December 17, 2013
in St. Louis County Court.

Federal National Mortgage Association v. Walter Solomon, Case

No. 13SL-AC39970 (21st Judicial Circuit, St. Louis County).

The state court granted the

unlawful detainer action to Fannie Mae on October 28, 2014, and ordered eviction proceedings
before November 17, 2014. Id.
Plaintiff asserts that the Sheriffs Department is attempting to evict him and the
Solomons from the property on today's date, and he requests that the Court enter a mandatory
restraining order prohibiting the Sheriff from proceeding with the eviction proceedings.

2

An unlawful detainer action is a limited action, brought pursuant to a Missouri statute, whereby
the sole issue to be decided is the immediate right of possession to a parcel of real property. See,
e.g., US. Bank NA v. Watson, 388 S.W.3d 233, 235 (Mo. Ct. App. 2012); Mo.Rev.Stat.§ 543.200.

3

The complaint also brings claims against defendants for breach of contract, lack of
consideration, unjust enrichment, fraud/fraud in the inducement and conversion.

On behalf of

the Solomons, plaintiff seeks money damages and a judgment declaring that the Solomons are
the owner of the property free and clear of any liens.
Discussion

The Court lacks subject matter jurisdiction over the complaint because actions
challenging state court foreclosure proceedings are barred by the Rooker-Feldman doctrine.
Postma v. First Federal Savings & Loan of Sioux City, 74 F.3d 160, 162 (8th Cir. 1996); Wright
v. Tackett, 39 F.3d 155 (7th Cir. 1994) (action alleging conspiracy to violate civil rights in

connection with foreclosure barred by Rooker-Feldman).

As a result, the Court must dismiss

this action under Rule 12(h)(3) of the Federal Rules of Civil Procedure and cannot entertain
plaintiff's request for temporary restraining order.
Even if this Court was not barred from reviewing plaintiff's claims by the
Rooker-Feldman doctrine, given that there is an ongoing action relating to unlawful detainer of

the property in state court, the abstention doctrine articulated in Younger v. Harris dictates that
the Court abstain from interfering in this state court matter.
In Younger v. Harris, 401 U.S. 37, 46 (1971), the Supreme Court directed federal courts
to abstain from hearing cases where "the action complained of constitutes the basis of ongoing
state judicial proceeding, the proceedings implicate important state interests, and an adequate
opportunity exists in the state proceedings to raise constitutional challenges."

Harmon v. City

of Kansas City, Missouri, 197 F .3d 321, 325 (8th Cir. 1999); see also, Fuller v. Ulland, 76 F.3d

957, 959 (8th Cir. 1996).

4

Plaintiffs assertions m defense of the ongomg unlawful detainer action/eviction
proceedings involve a claim that the Solomons were subjected to an unlawful or invalid
foreclosure procedure-a claim that must be made in Missouri state court. See, e.g., Abrams v.
Lakewood Park Cemetery Ass'n, 196 S .W.2d 278, 283-84 (Mo.1946); see also, Mo.Rev.Stat.§
443.290.

Thus, this case appropriately falls within the abstention guidelines set forth in

Younger.
Accordingly,
IT IS HEREBY ORDERED plaintiffs motion to proceed in forma pauperis [Doc. #2] is
GRANTED.
IT IS FURTHER ORDERED that plaintiffs request for temporary restraining order is
DENIED as this Court lacks jurisdiction over the subject matter of this lawsuit.
IT IS FURTHER ORDERED that this action is DISMISSED for lack of subject matter
jurisdiction.

See Fed. R. Civ. P. 12(h)(3).

An appropriate Order of Dismissal shall accompany this Memorandum and Order.
Dated this

/~Day ofNovember, 2014.

UNITED STATES DISTRICT JUDGE

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