United States District Court, D. New Jersey
Ms. Rita Dickerson, Chesilhurst, NJ, Plaintiff, pro se.
Bradley L. Mitchell, Esq., STEVENS & LEE PC, Princeton Pike Corporate Center, Lawrenceville, NJ.
Craig A. Hirneisen, Esq., STEVENS & LEE PC, Reading, PA., Attorneys for Defendant Nationstar.
Stephen Steinlight, Esq., WINSTON & STRAWN LLP, New York, NY., Attorney for Defendant Bank of America.
JEROME B. SIMANDLE, Chief District Judge.
Before the Court are two unopposed motions to dismiss by Defendants Bank of America [Docket Item 7] and Nationstar [Docket Item 20]. In this case, pro se Plaintiff Rita Dickerson alleges that Defendants attempted to force her to agree to an unfavorable modification of her home mortgage through misrepresentation, fraud, and coercion, including threats of foreclosure. The Court will grant Defendants' motions because Plaintiff fails to satisfy Rule 12(b)(6) and Rule 9(b).
Although the one-page Complaint is sparse, it is apparent that the crux of Plaintiff's allegations is that Nationstar required her "to reapply for loan modifications featuring lesser terms than those within the valid Modification Agreements with BOA, held payments in suspension, improperly assessed unwarranted fees, and in some circumstances, initiated foreclosure proceedings in tandem with [B]ank of America." [Docket Item 1.] Bank of America has "threatened foreclosure" and "Nationstar[, ] its affiliate has attempted to force plaintiff to sign an agreement that would increase her princip[al] and interest." Plaintiff rejected the terms of the modification offered, and "Nationstar has deemed the original mortgage loans to be non-performing' or delinquent' and assessed unwarranted penalties and costs." Plaintiff has paid $10, 500 for pre-modification services and applications.
Plaintiff alleges that Nationstar and Bank of America have "colluded" to "harass and try to force" Plaintiff "to enter an agreement doubling the amount of her princip[al] and interest by misrepresenting the higher fees in the agreement proposed" and threatening foreclosure. Additionally, Plaintiff asserts that Defendants "entered into a fraudulent agreement to conceal their illegal activities of deceiving unsuspecting homeowners of their property and finances through coercion."
Plaintiff seeks $7.8 million plus an additional $10, 500 for the amount paid to Nationstar, as well as a cease and desist order and a freeze on Defendants' assets. Plaintiff also seeks to have the "foreclosure vacated."
B. Procedural history
On or about October 7, 2014, Plaintiff Rita Dickerson, a 77-year-old pro se home loan borrower, filed a complaint against Defendants Nationstar and Bank of America, alleging misrepresentation and fraud arising from her application for a modification to the mortgage on her home. [Docket Item 1.] On November 19, 2014, Defendant Bank of America filed a motion to dismiss. [Docket Item 7.] On December 19, 2014, Defendant ...