United States District Court, D. Massachusetts
MEMORANDUM AND ORDER ON DEFENDANTS' MOTIONS TO
Dennis Saylor IV United States District Judge
an action alleging fraud by executives of mortgage servicing
and securitization companies. The pro se complaint
appears to contend that Ditech Financial LLC, the Federal
National Mortgage Association (“Fannie Mae”),
Bank of America, and Mortgage Electronic Registration
Systems, Inc. (“MERS”) engaged in a series of
fraudulent transactions injuring plaintiff Frederick Nuzzo.
Defendants Mark O'Brien, David Benson, Brian Moynihan,
and Bill Beckmann are executive officers of those companies.
have moved to dismiss the complaint for lack of personal
jurisdiction, failure to provide a short and plain statement
of plaintiff's theory of relief, and failure to state a
claim upon which relief can be granted. For the reasons
stated below, the motions will be granted.
facts are set forth essentially as described in the
complaint.Frederick Nuzzo is a resident of Saugus,
Massachusetts. Ditech Financial LLC is headquartered in
Pennsylvania; its CEO is Mark O'Brien. (See
Compl. ¶¶ 2-3). Fannie Mae is a government-sponsored
public corporation based in Washington, D.C.; according to
the complaint, its CEO is David Benson. (See Id.
¶ 5). Bank of America is a Delaware corporation
based in North Carolina; its CEO is Brian Moynihan. (See
Id. ¶ 6). MERS is a Delaware corporation
headquartered in Virginia; its CEO is Bill Beckmann. (See
Id. ¶ 7).
received a loan from Countrywide Financial, which was later
acquired by Bank of America. (Id. ¶
The complaint does not identify the date of the loan. The
loan was secured by a mortgage on his home. (Id.).
On June 10, 2013, Green Tree Servicing LLC sent a letter to
Nuzzo stating that it acquired the servicing rights to the
mortgage effective June 1, 2013. (Id., Ex. 1 at 11).
Green Tree Servicing eventually became Ditech Financial LLC.
(Id. ¶ 7).
Nuzzo's loan was being serviced by Green Tree Servicing,
he had “difficulties keeping up with his loan
payments.” (Id.). He signed a loan
modification agreement with Green Tree Servicing on April 25,
August 2015, Nuzzo contacted Green Tree Servicing, which by
that point had become Ditech Financial. (Id. ¶
8). It appears he requested that his payment for that month
be deferred so that he could pay for burial expenses for his
mother, who had recently passed away.
(Id.).However, the deferral was denied, as Nuzzo
was more than $18, 000 in arrears on his mortgage payment.
(Id. ¶ 9). The complaint alleges that Nuzzo then
discovered that Green Tree Servicing had made the loan
modification agreement effective “July 1, 2013, and not
April 25, 2013, ” the date he signed the modification
documents. (Id.). Nuzzo contends he was unaware of
“any notices of amounts in [ ] arrears from either
Green Tree Servicing LLC or Ditech Financial LLC.”
(Id.). From there, the complaint alleges that Nuzzo
unraveled “unscrupulous and fraudulent behavior by
Mortgage Servicers and the Government.” (Id.
complaint was filed on February 23, 2017, and was initially
assigned to Judge O'Toole. It seeks two forms of relief:
first, a “declaratory judgment for quiet title, ”
and second, “[d]eclaratory judgment for collection of
treble punitive damages allowed under the Federal Protection
Act (Mortgage Fraud) to be imposed against Mark O'Brien,
CEO Ditech Financial LLC for $322, 000.00, and David C. Brown
[sic], CEO Fannie Mae for $322, 000.00.” (Compl. at
4-5). On March 6, 2017, plaintiff filed a
document that purported to be a “motion for quiet
title.” (Docket No. 5).
March 24, 2017, defendants Beckmann, Moynihan, and Benson
filed motions to dismiss. (Docket Nos. 16, 21). Defendants
Beckmann and Moynihan moved to dismiss for failure to state a
claim pursuant to Fed.R.Civ.P. 12(b)(6). Defendant Benson
moved to dismiss pursuant to both Rule 8(a)(2) for failure to
provide a “short and plain statement of the claim
showing that the pleader is entitled to relief” and
Rule 12(b)(6) for failure to state a claim. On April 12,
2017, defendant O'Brien moved to dismiss pursuant to Rule
12(b)(2) for lack of personal jurisdiction, Rule 8(a)(2), and
Rule 12(b)(6). (Docket No. 28). The case was reassigned to
the undersigned judge on January 23, 2018.
Defendant O'Brien's Motion to Dismiss ...