Evans et al v. First Horizon Home Loans et al

Filing 22

ORDER granting 7 Motion to Dismiss; granting 8 Motion to Dismiss for Failure to State a Claim; denying as moot 12 Motion for Order to Show Cause; denying as moot 13 Motion for exchange of security interest by grant or/beneficiary; denying as moot 14 Motion for Order to Show Cause; denying as moot 15 Motion for exchange of security interest by grantor/beneficiary. The Clerk is directed to close case. Signed by Senior Judge Graham Mullen on 7/2/2013. (Pro se litigant served by US Mail.) (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:13-cv-172-GCM

JAMES C. EVANS and ZENA W. EVANS, )
)
Plaintiffs,
)
)
vs.
)
)
FIRST HORIZON HOME LOANS, FIRST )
TENNESSEE BANK, N.A., NATIONSTAR)
MORTGAGE, LLC, SUBSTITUTE
)
SERVICES, Inc.,
)
)
Defendants.
)
____________________________________)

ORDER

THIS MATTER comes before the Court on Defendants’ Motions to Dismiss Plaintiffs’
Complaint [Doc. Nos. 7 and 8], Plaintiffs’ response, [Doc. No. 11], and Defendant’s reply [Doc.
No. 19]. The matters are ripe for disposition.
In their Motion to Dismiss, Defendant Substitute Trustee Services, Inc. argues that
Plaintiffs’ Complaint must be dismissed on the grounds that this Court lacks subject-matter and
personal jurisdiction, process was insufficient, service of process was insufficient and the
Complaint fails to state a claim upon which relief can be granted. [Doc. No. 7]. Likewise
Defendants First Horizon Home Loans, a Division of First Tennessee Bank National
Association,1 and Nationstar Mortgage LLC argue that Plaintiffs’ Complaint must be dismissed
for failure to state a claim upon which relief can be granted. [Doc. Nos. 8 and 9]. Plaintiffs filed
a response which is not responsive to Defendants’ arguments, contains no substantive or factual

1

Although Plaintiffs refer to both First Tennessee Bank National Association and First Horizon Home
Loans, Defendants note that “First Horizon Home Loans” is a division of First Tennessee Bank National Association
and, as a division, is merely a tradename or dba for First Tennessee Bank National Association. It is not a legal
entity.

1

argument whatsoever and is incomprehensible at points.
Having reviewed the pleadings, including the Complaint, the Motions at issue and all
memoranda in support of and in opposition to the Motions, the Court concludes that Plaintiffs
have failed to state a claim for relief upon which relief can be granted. Therefore, for the reasons
set forth in Defendants’ Motions to Dismiss, [Doc. Nos. 7, 8] and the memoranda is support,
[Doc. No 9], Plaintiffs’ Complaint will be dismissed for failure to state a claim upon which relief
can be granted.
NOW, THEREFORE, IT IS HEREBY ORDERED that:
(1) Defendants’ Motions to Dismiss [Doc. Nos. 7 and 8] are GRANTED;
(2) Plaintiffs’ Complaint is DISMISSED;
(3) Plaintiffs’ remaining motions for Orders to Show Cause and for Exchange of Security
Interest [Doc. Nos. 12, 13, 14 and 15] are denied as moot.
(4) The Clerk is directed to close this case.

SO ORDERED.

Signed: July 2, 2013

2