Beebe v. Federal Home Mortgage Corporation

Filing 14

ORDER Granting 6 Defendant's Motion to Dismiss. IT IS FURTHER ORDERED that the Clerk shall enter judgment and close the case. Signed by Chief Judge Robert C. Jones on 09/16/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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JUDITH BEEBE,
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Plaintiff,
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vs.
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FEDERAL HOME MORTGAGE CORP.,
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Defendant.
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2:13-cv-00687-RCJ-CWH
ORDER

This is a residential foreclosure avoidance case. Pending before the Court is Defendant’s

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Motion to Dismiss (ECF No. 6). For the reasons given herein, the Court grants the motion.

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Plaintiff alleges in the Complaint that she justifiably relied on the truthfulness of ownership and

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assignments of the promissory note and deed of trust. The Court has repeatedly rejected such claims.

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Plaintiff’s potential reliance was upon statements inducing her to enter into the mortgage, not upon

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anything other parties did with their interests in the mortgage after it was given. There is no

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impropriety in post-mortgage assignments or securitization. The “fraud” Plaintiff does allege is not

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only not fraud, it is relevant to the terms of the mortgage such that Plaintiff could have relied upon it

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to her detriment. The Court therefore grants the motion to dismiss.

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Dismiss (ECF Nos. 6) is GRANTED.

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IT IS FURTHER ORDERED that the Clerk shall enter judgment and close the case.

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IT IS SO ORDERED.

16th day August, 2013.
5 Dated this 16th day ofof September, 2013.
Dated this 10th day of September, 2013.
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ROBERT C. JONES
United States District Judge

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