Anderson v. Select Portfolio Servicing, Inc.

Filing 13

OPINION on Dismissal. (Signed by Judge Lynn N. Hughes) Parties notified. (ghassan, 4)

UNITED STATES DISTRICT COURT

Rozalyn Y. Anderson,
Plaintiff,
versus

Select Portfolio Servicing, Inc.,
Defendant.

SOUTHERN DISTRICT OF TEXAS

§
§
§
§
§
§
§
§
§

Civil Action H-1 5-1384

Opinion on Dismissal
1.

Rozalyn Y. Anderson sued Select Portfolio Servicing, Inc., because she says that it owes
her a credit on the principal of her loan. She says that it owes her under a consent
judgment between the General Motors Acceptance Corporation - an earlier holder of
her note - and the government in the United States District Court for the District of
Columbia. Her claims will be dismissed.

2.

Anderson's complaint does not state a claim upon which relief can be granted. It is
utterly devoid of facts. It contains her name, that she lives in Harris County, and that
there is a consent judgment from April 4, 2012. She does not mention such basic facts
as the property's address, whether she applied for a modification, the amount of the
loan, why she qualifies for a modification under the judgment, etc.

3·

Assuming she included some of the facts elicited at the hearing ofJune IO, 20I5, it does
not matter. She has no standing to sue to enforce a judgment to which she was not a
party.'

'Blue Chip Stamps v. Manor Drug Stores, 421 U.s. 723, 750 (1975).

4.

At the hearing Anderson said that she thought herself to be a third-party beneficiary
under the judgment. She has not pleaded facts to substantiate her claim. She has
nothing to show that the government or General Motors intended her to be able to sue
to enforce a benefit conferred by the judgment. The judgment definitively establishes
that neither party intended that result. It gives a mechanism by which a consumer may
make a claim. It sets a monitor to ensure that the judgment is followed. It does not
envision private claims by consumers across the country.

5.

Assuming she stated a claim and had standing, the facts belie it. On January 29,

2013,

General Motors offered to modify Anderson's mortgage. She needed only to sign and
submit the modified payment. She did neither.

6.

Anderson stopped paying her mortgage in October of 201 1. She has paid nothing since.
She has not paid property tax or insurance.

7.

Anderson's request for leave to amend her complaint a second time is denied. When
asked what she would include in the amended complaint, Anderson said that she might
name Ocwen - the original party in her first petition whom she voluntarily dismissed
when she amended her petition. Ocwen does not hold the note. Ocwen is no longer
servicer of the loan. Ocwen has made no claim for payment from Anderson since Select
began servicing the note. Anderson has no colorable claim against Ocwen. Anderson
has not shown that she could remedy the defects in her amended complaint if given
leave to amend a second time.

8.

Rozalyn Y. Anderson's claims against Select Portfolio Servicing, Inc., will be dismissed
with prejudice.
Signed on June ~,

2015,

at Houston, Texas.

cv'\L.L:---LynnN.~s

~~

United States DistrictJudge