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Cameron v. Nationstar Mortgage LLC

United States District Court, W.D. Louisiana, Shreveport Division

February 20, 2019





         Before the Court is Defendant Wells Fargo Bank, N.A.'s (“Wells Fargo”) Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). See Record Document 17. Plaintiff Pamela Joyce Lay Cameron (“Cameron”) opposes the motion. See Record Document 24. Wells Fargo seeks dismissal of all of Cameron's claims. For the reasons set forth below, Wells Fargo's motion is hereby GRANTED.

         I. BACKGROUND

         This action concerns several claims alleged by Cameron relating to a mortgage loan executed by her late husband, Robert Waldon Cameron, Jr. (“Mr. Cameron”). On or about August 25, 2011, Mr. Cameron entered into a reverse mortgage loan with Wells Fargo, which was secured by the Camerons' home located at 8955 Marlow Drive, Shreveport, Louisiana. See Record Document 17-1 at 6. Although Cameron and her husband both executed the mortgage, Mr. Cameron was the sole signatory and borrower under the note and mortgage loan. See Record Document 17-2 at 3.[1] On July 18, 2017, Mr. Cameron passed away, which was approximately six years after the loan was entered into. See Record Document 1-1 at 8; Record Document 17-1 at 8.

         Cameron alleges that Wells Fargo made several representations to both her and her husband regarding the mortgage loan, including, inter alia, that “there would be no problem with “[Cameron], should she survive her husband, being able to pay the reverse mortgage monthly installment payments and to remain in the home.” See Record Document 1-1 at 7. Cameron further claims that Wells Fargo violated multiple Louisiana statutes by allegedly failing to provide counseling services to her or her husband relating to the reverse mortgage loan. See id. at 14.

         Cameron alleges that, unbeknownst to her, Wells Fargo declared the mortgage loan in default and transferred the loan to Nationstar Mortgage, LLC (“Nationstar”) as of September 1, 2017. See id. at 9. Cameron also states that on or about October 5, 2017, she began receiving monthly statements pertaining to the mortgage loan stating that the loan was due and payable in full. See id. at 10. Additionally, Cameron asserts that on January 5, 2018, she was informed by Nationstar that the loan was due and that foreclosure was imminent. Id. at 11.

         On or about January 24, 2018, Nationstar initiated a foreclosure action in the First Judicial District Court, Caddo Parish, Louisiana. See id. at 12. A notice of seizure was subsequently issued, seizing the Cameron property. Id. Although a sheriff's sale of the property was scheduled for May 2, 2018, the sale was cancelled pending the outcome of this litigation. See Record Document 17-1 at 9. On March 12, 2018, Cameron filed a “Petition to Annul Executory Orders, for Injunctive Relief, Including Arrest of Impending Sheriff's Sale, Additional Injunctive Relief, Declaratory Relief and for Damages and Other Awards” (the “Petition”), which was subsequently removed to this Court, alleging various state and federal claims against Wells Fargo regarding the legality and enforcement of the reverse mortgage loan. See id.


         A. Pleading and 12(b)(6) Motion to Dismiss Standards

         Rule 8(a)(2) of the Federal Rules of Civil Procedure governs the requirements for pleadings that state a claim for relief, requiring that a pleading contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” The standard for the adequacy of complaints under Rule 8(a)(2) is now a “plausibility” standard found in Bell Atlantic Corp. v. Twombly and its progeny. 550 U.S. 544, 127 S.Ct. 1955 (2007). Under this standard, “factual allegations must be enough to raise a right to relief above the speculative level . . . on the assumption that all the allegations in the complaint are true (even if doubtful in fact).” Id. at 555-56, 127 S.Ct. at 1965. If a pleading only contains “labels and conclusions” and “a formulaic recitation of the elements of a cause of action, ” the pleading does not meet the standards of Rule 8(a)(2). Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949 (2009) (citation omitted).

         Federal Rule of Civil Procedure 12(b)(6) allows parties to seek dismissal of a party's pleading for failure to state a claim upon which relief may be granted. In deciding a Rule 12(b)(6) motion to dismiss, a court generally may not “go outside the pleadings.” Colle v. Brazos Cty., Tex., 981 F.2d 237, 243 (5th Cir. 1993). However, a court may rely upon "documents incorporated into the complaint by reference and matters of which a court may take judicial notice" in deciding a motion to dismiss. Dorsey v. Portfolio Equities, Inc., 540 F.3d 333, 338 (5th Cir. 2008). Additionally, courts must accept all factual allegations in the complaint as true. See Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949. However, courts do not have to accept legal conclusions as facts. See id. Courts considering a motion to dismiss under Rule 12(b)(6) are only obligated to allow those complaints that are facially plausible under the Iqbal and Twombly standard to survive such a motion. See id. at 678-79, 129 S.Ct. at 1949. If the complaint does not meet this standard, it can be dismissed for failure to state a claim upon which relief can be granted. See id. Such a dismissal ends the case "at the point of minimum expenditure of time and money by the parties and the court." Twombly, 550 U.S. at 558, 127 S.Ct. at 1966.

         B. Claims Regarding Wells Fargo's Alleged Oral Representations

         Cameron alleges a variety of claims against Wells Fargo, many of which are only supported by legal conclusions and unsubstantiated assertions. The central argument of Cameron's allegations is that Wells Fargo is prohibited from foreclosing on the mortgage entered into by Cameron's deceased husband due to alleged oral promises made by Wells Fargo to Cameron, as well as multiple alleged violations by Wells Fargo of, inter alia, the Louisiana ...

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