Stefanowicz v. SunTrust Mortgage et al

Filing 37

ORDER adopting 32 Report and Recommendations.; granting 13 Motion to Dismiss for Failure to State a Claim; granting 22 Motion to Dismiss. Plaintiff shall have 21 days from the date of this Order to file an amended complaint to properly plea d a RESPA, ECOA and/or FHA claim. Otherwise, these claims will be DISMISSED with prejudice. This action is RECOMMITTED to Magistrate Judge Saporito for further proceedings. See Order for additional, specific details. Signed by Honorable A. Richard Caputo on 3/22/17 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JACKIE STEFANOWICZ,
CIVIL ACTION NO. 3:16-cv-00368

Plaintiff,

(JUDGE CAPUTO)

v.
SUNTRUST MORTGAGE et al.,

(MAGISTRATE JUDGE
SAPORITO)

Defendants.
ORDER
NOW, this 22nd day of March, 2017, IT IS HEREBY ORDERED that Magistrate Judge
Saporito’s Report and Recommendation (Doc. 32) is ADOPTED:
(1)

The Motions to Dismiss filed by Defendant SunTrust Mortgage, Inc. (Case No.
368, Doc. 13; Case No. 374, Doc. 9) and Defendant Specialized Loan
Servicing, LLC (Case No. 368, Doc. 22; Case No. 374, Doc. 15) are
GRANTED.

(2)

Plaintiff Jackie Stefanowicz’s federal-law claims set forth in the two Complaints
filed in this consolidated action (Case No. 368, Doc. 1; Case No. 374, Doc. 1)
are DISMISSED as frivolous and malicious pursuant to 28 U.S.C. §
1915(e)(2)(B)(i) or for failure to state a claim pursuant to Rule 12(b)(6) of the
Federal Rules of Civil Procedure:
(A)

Plaintiff’s TILA and HOEPA claims are DISMISSED with prejudice.

(B)

Plaintiff’s RESPA, ECOA, and FHA claims that arise out of the
origination of Plaintiff’s 2007 mortgage loan are DISMISSED with
prejudice.

(C)

Plaintiff’s RESPA, ECOA, and FHA claims that arise out of Plaintiff’s
attempts to obtain a loan modification or an extended forbearance
agreement in 2014 or 2015 are DISMISSED without prejudice.

(3)

Plaintiff shall have twenty-one (21) days from the date of entry of this Order
to file an amended complaint to properly plead a RESPA, ECOA, and/or FHA
claim that arises out of Plaintiff’s attempts to obtain a loan modification or an
extended forbearance agreement in 2014 or 2015. Otherwise, these claims will
be DISMISSED with prejudice

(4)

Plaintiff’s state-law claims are DISMISSED without prejudice pursuant to 28
U.S.C. § 1367(c)(3);

(5)

The Clerk of Court is directed to mark this case as CLOSED if an amended
complaint is not timely filed as specified herein; and

(6)

This action is RECOMMITTED to Magistrate Judge Saporito for further
proceedings, if any.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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