United States District Court, E.D. Louisiana
ESTATE OF ICOLA B. HUNTER, EDWARD HUNTER, JR., ADMINISTRATOR
WELLS FARGO HOME MORTGAGE
ORDER AND REASONS
ZAINEY, UNITED STATES DISTRICT JUDGE
following motion is before the Court: Motion to
Dismiss (Rec. Doc. 9) filed by defendant, Wells
Fargo Bank, N.A. (“Wells Fargo”). Plaintiff, Edward
Hunter, Jr., acting pro se, as administrator for the estate
of Icola B. Hunter, opposes the motion. The motion, noticed
for submission on April 17, 2019, is before the Court on the
briefs without oral argument.
Fargo moves to dismiss Plaintiffs' Complaint arguing that
Plaintiff has alleged no facts, and provides no relevant
information to help Wells Fargo determine the basis of the
Complaint. The Statement of Claim section of the complaint
accuses Wells Fargo of “stealing the United States
Government, Social Security Administration money, stealing my
[mother's] Social Security check from Liberty Bank
Account.” (Rec. Doc. 1 at 4). The requested relief
sought is “all my mother's financial records and
the deed to her house, ” and payment of all court costs
plus damages for disrupting Plaintiff's life.
Court agrees with Wells Fargo's assessment of the
complaint insofar as it alleges no facts from which either
the Court or Wells Fargo can discern the nature of the claim.
The Court therefore has perused Mr. Hunter's opposition
documents in an attempt to understand why he filed this
lawsuit. (Rec. Doc. 11).
Hunter's mother, Icola B. Hunter, died on May 3, 2018.
Mrs. Hunter had been very sick for the last five years
leading up to her death, and especially so in the last year
and a half of her life. (Rec. Doc. 11-1 at 1). Mrs. Hunter
owed money on her house and that indebtedness was secured by
a mortgage. Mrs. Hunter had a checking account at Liberty
Bank in New Orleans, and it was into this account that she
received periodic Social Security payments. It was from this
same account that payments were made to Wells Fargo in
satisfaction of the monthly house note.
Hunter states that after his mother's death he asked
Liberty Bank whether his mother was current on her house note
and the bank confirmed that she was. Mr. Hunter says that he
made this inquiry at Liberty Bank because several letters had
been mailed to his mother's house saying that she was
several months behind on her Wells Fargo mortgage payments.
Mr. Hunter called Wells Fargo and he says that he received a
statement but Wells Fargo did not send him “all of the
records to pay the mortgage off.”(Rec. Doc. 11 at
3). Mr. Hunter explains that he sent a check to Wells Fargo
to try to get the mortgage up to date, and a religious
organization also sent a check on his behalf, but Wells Fargo
refused to accept the checks and returned them. The reinstatement
quote sent to Mr. Hunter on October 30, 2018, indicates that
as of that date there were nine delinquent payments totaling
$7, 845.61. (Rec. Doc. 11-3 at 5). Thus, if Wells Fargo's
records are correct, the loan payments were delinquent for
several months leading up to Mrs. Hunter's death and then
Hunter's theory is that Wells Fargo did not credit
payments to his mother's house loan even though Wells
Fargo took the money from her Liberty Bank account. Since the
primary source of funding for the account was Social Security
payments, Mr. Hunter believes that Wells Fargo is guilty of
stealing Social Security funds. Mr. Hunter filed the instant
suit in proper person on October 23, 2018. Mr. Hunter wants
the house free and clear of all liens, in addition to
damages. But to start, Mr. Hunter asks the Court to order
Wells Fargo to produce all of his mother's financial
records pertaining to the mortgage from January 1, 2013
through June 30, 2018. Mr. Hunter believes that his claims arise
under federal law and although he cites to no statutes, he
refers to stolen Social Security Administration money,
extortion, a mortgage modification scam, and credit reporting
fraud. In addition to filing this lawsuit, Mr.
Hunter has also complained to the Attorney General of the
context of a motion to dismiss the Court must accept all
factual allegations in the complaint as true and draw all
reasonable inferences in the plaintiff's favor.
Lormand v. U.S. Unwired, Inc., 565 F.3d 228, 232
(5th Cir. 2009) (citing Tellabs, Inc. v. Makor
Issues & Rights, Ltd., 551 U.S. 308 (2007);
Scheuer v. Rhodes, 416 U.S. 232, 236 (1974);
Lovick v. Ritemoney, Ltd., 378 F.3d 433, 437
(5th Cir. 2004)). However, the foregoing tenet is
inapplicable to legal conclusions. Ashcroft v.
Iqbal, 129 S.Ct. 1937, 1949 (2009). Thread-bare recitals
of the elements of a cause of action, supported by mere
conclusory statements, do not suffice. Id. (citing
Bell Atlantic Corp. v. Twombly, 550, U.S. 544, 555
central issue in a Rule 12(b)(6) motion to dismiss is
whether, in the light most favorable to the plaintiff, the
complaint states a valid claim for relief. Gentilello v.
Rege, 627 F.3d 540, 544 (5th Cir. 2010)
(quoting Doe v. MySpace, Inc., 528 F.3d 413, 418
(5th Cir. 2008)). To avoid dismissal, a plaintiff
must plead sufficient facts to “state a claim for
relief that is plausible on its face.” Id.
(quoting Iqbal, 129 S.Ct. at 1949). “A claim
has facial plausibility when the plaintiff pleads factual
content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
alleged.” Id. The Court does not accept as
true “conclusory allegations, unwarranted factual
inferences, or legal conclusions.” Id.
(quoting Plotkin v. IP Axess, Inc., 407 F.3d 690,
696 (5th Cir. 2005)). Legal conclusions must be supported by
factual allegations. Id. (quoting Iqbal,
129 S.Ct. at 1950).
not clear at what point in time Mr. Hunter believes that
Wells Fargo stopped crediting his mother's payments to
the outstanding loan. The Court notes that none of the
Liberty Bank statements attached to the opposition evince
payments to Wells Fargo in the timeframe that the loan is
alleged to have been delinquent during 2018. Moreover, the
governing loan/mortgage documents are not attached to the
opposition. Wells Fargo may very well have been acting within
its contractual rights when it refused to accept the checks
that Mr. Hunter sent in after foreclosure proceedings had
started. The loan amortization sheet from August 1, 1994 does
not appear to be a Wells Fargo document. (Rec. Doc. 11-6).
Thus, Mrs. Hunter might have refinanced the loan at some
point in time, or the original loan might have been subject
to an adjustment for changes in the interest rate. The cost
of insurance and/or taxes might have increased the payments.
Even if the payments had not increased over the years, Mrs.
Hunter might have had difficulties paying her bills as she
became increasingly ill. The Liberty Bank statements that are
attached to the opposition suggest that the account never
contained a surfeit of funds and at times it was overdrawn.
Mr. Hunter's entire theory seems to be based on
unverified statements that someone with Liberty Bank made to
him about the status of the Wells Fargo loan. The loan was
not with Liberty Bank so it is unclear how anyone at Liberty
Bank would have been able to confirm that Mrs. Hunter's
loan with Wells Fargo was current in 2018.
Court declines to dismiss the case on the grounds asserted
because even though Wells Fargo is correct in observing that
no facts are alleged, Mr. Hunter is unrepresented. Wells
Fargo can reach the same inferences that the Court did about
the nature of the claim when reviewing Mr. Hunter's
opposition. To be clear, the Court is not suggesting that
anything untoward happened with Mrs. Hunter's loan.
and for the foregoing reasons; IT IS ORDERED
that the Motion to Dismiss (Rec. Doc. 9)
filed by defendant, Wells Fargo Bank, N.A. is
DENIED based on the specific arguments
raised in the motion to dismiss. Now that Wells Fargo and the
Court understand more about the nature of Mr. Hunter's
claim, Wells Fargo will not be precluded from filing a second
motion to dismiss in lieu of answering the complaint. Wells
Fargo can move for additional relief within thirty (30) days
of entry of this Order.
FURTHER ORDERED that within fifteen (15) days of entry of
this Order, Wells Fargo will produce to Mr. Hunter an
itemized statement of Mrs. Hunter's loan account with all
payment activity from January 1, 2013 through June 30, 2018.
Wells Fargo shall provide the Court with a copy of the
statement sent to Mr. Hunter. Wells Fargo must produce this
information prior to filing a second motion to dismiss or
before moving for summary judgment. Liberty Bank is not a
party to this lawsuit so the Court cannot order it to produce
statements. Mr. ...