Milani v. One West Bank FSB

Summarized by Tracy Frasier , Smith Frasier, P.A.
13 years 4 months ago

Citation:

Milani v. One West Bank FSB, Case No. 11-15378 (11th Cir. October 17, 2012) (unpublished) (per curiam).

Tag(s):

Ruling:

Plaintiff Borrower failed to state sufficient facts to support claims for wrongful foreclosure, quiet title or fraud. Nor could Plaintiff maintain an action for declaratory judgment because the events had already occurred causing the material rights to accrue.

Procedural context:

An action was commenced in state court, then removed to federal court in the Northern District of Georgia. The District Court granted motions to dismiss by the Defendants on several grounds and determined that amendment of the complaint would be futile. On review, the Court of Appeals affirms the District Court.

Facts:

Plaintiff refinanced debt secured by his home in 2005. In his complaint, Plaintiff alleged that he had defaulted on the loan, that the security deed he signed was assigned through the defendants and that one of the defendants had initiated foreclosure against his home. Plaintiff did not present sufficient factual allegations to state a claim for wrongful foreclosure - duty, breach, cause, or damages. Nor could Plaintiff prevail on his action for quiet title because he stated in his complaint that he had signed over legal title in the security deed but no facts that the assignee's title was fatally defective. His claim for fraud was not supported by factual allegations identifying with particularity the materially false representation nor valid grounds for concealing material information. Declaratory judgment was unavailable because Plaintiff had already defaulted on the note. Finally, Plaintiff failed to provide a factual or legal basis for his argument that foreclosure was improper because the defendants "separated the pertinent note and security deed in the process of engaging in the 'illegal scheme of securitization of residential mortgages' -- leaving the note unsecured and the security deed unenforceable -- and because certain of the assignments of the pertinent security deed were fraudulent or 'doctored'".

Judge(s):

Marcus, Wilson and Edmonson, Circuit Judges.

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