BAUER v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. et al

Filing 29

MEMORANDUM OPINION & ORDER Granting 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by GREENTREE SERVICING LLC. Further Ordered that is action is dismissed. Signed by Judge J. Frederick Motz on 7/24/2014. (nk)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLV ANIA

ROBERT M. BAUER

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v.
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MORTGAGE ELECTRONIC
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REGISTRATION SYSTEMS, INC., ET AL. *
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Civil No.

JFM-14-79

MEMORANDUM

Green Tree Servicing, LLC has filed a motion to dismiss. The other defendants have
joined in the motion. The motion will be granted for the following reasons.
First, plaintiff, who is not a party to the agreements assigning the mortgage in question,
does not have standing to bring this action. See, e.g., Souders v. Bank ofAmerica, No.1 :cv-12­
1074, 2012 WL 7009007, at * 11 (M.D. Pa. Dec. 6, 2012), report and recommendation adopted
at No.1: 12-CV -1074. The distinction that plaintiff seeks to draw by asserting that he is
challenging not the mortgage in general but only his obligations to Green Tree is unavailing.
Plaintiff cites no authority in support of this distinction, and the various cases which find that
plaintiffs lack standing to challenge a mortgage assignment arise under the same facts involved
in this case.
Second, plaintiffs request for declaratory relief is nothing more than an attempt to endrun the pending mortgage foreclosure action instituted by Green Tree. Any defenses that
plaintiff has to the foreclosure may be raised in that proceeding.
Third, plaintiff has cited no authority in support of his claim for monetary damages.
A separate order dismissing this action is being entered herewith.

Date: July 24, 2014

lsI J. Frederick Motz

J. Frederick Motz
United States District Judge

2

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ROBERT M. BAUER

*

*
v.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., ET AL.

*
*
*
*
*

Civil No.

JFM-14-79

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ORDER

For the reasons stated in the accompanying memorandum, it is, this 24th day of July 2014
ORDERED
1. The motion to dismiss filed by defendant Green Tree Servicing, LLC (document 6)
which has been joined by the other defendants, is granted; and
2. This action is dismissed.

J. Frederick Motz
J. Frederick Motz
United States District Judge