Defendants Flagstar Financial, Lakeview Loan Repair, and you will Loancare moved to disregard Plaintiff’s says pursuant to help you Government Rule of Civil Process twelve(b)(6), while the undersigned granted a report and you can recommendation recommending the newest action become supplied towards the [#19]

That it Report and you may Recommendation issues the next about three motions: (1) Plaintiff’s Affidavit from Items to get Defendant’s Ginnie Mae Standard Wisdom [#17], that your Judge construes since the Plaintiff’s Action to possess Default Judgment up against Defendant Ginnie Mae; (2) Plaintiff’s Affidavit away from Factors meant for Defendant’s Hughes, Watters & Amp Askanase Law firm Standard Judgment [#18], that the Courtroom construes since Plaintiff’s Actions to possess Standard Wisdom facing Defendant Hughes, Watters & Askanase; and you will (3) Defendant Hughes Watters & Askanase, LLP’s Signal 12(b)(6) Actions to help you Write off which have Bias [#21]. Following Area Court followed the undersigned’s previous statement and recommendation, the fresh new Court re-referred this example towards undersigned having vibe of the many left pretrial matters [#28]. The fresh new undersigned possess power to go into which testimonial pursuant so you’re able to twenty-eight You.S.C. § 636(b)(1)(B). Into explanations established lower than, it is recommended that Plaintiff’s Motion for Default Judgment facing Defendant Ginnie Mae [#17] become Declined; Plaintiff’s Activity for Default Wisdom facing Defendant Hughes, Watters & Askanase [#18] feel Disregarded As the MOOT; and you may Defendant Hughes Watters Askanase, LLP’s Signal a dozen(b)(6) Actions to help you Disregard which have Bias [#21] end up being Provided. The undersigned further suggests that Area Court dismiss instead of bias Plaintiff’s remaining says against Ginnie Mae sua sponte.

On the other hand, new undersigned discovered that Plaintiff’s allegation regarding the tape regarding one or two lien launches didn’t produce any plausible claim just like the new releases, in the event pertaining to the house or property concerned, concerned another financing not related to this fit

Plaintiff Sammy Lee Woods, Jr., proceeding pro se, registered their Criticism into the [#3] against Defendants Flagstar Financial, Lakeview Mortgage Upkeep, LLC, Loancare payday loans NM, LLC, Ginnie Mae, and you can Hughes, Watters & Askanase. Plaintiff’s claims concern assets found at 7727 Windview Means, San Antonio, Tx 78244 and you can a supposedly unlawful sample from the foreclosure. (Compl. [#3] from the 2, 33.) Plaintiff’s Criticism, although a long time, contains not too many truthful accusations and also lacks a reason out of the fresh events so as to identify the brand new so-called misconduct of your various Defendants. However, construing Plaintiff’s Grievance or other pleadings liberally, it appears that he is alleging which he renegotiated his mortgage with a brand new promissory mention for the , hence note efficiently paid off the mortgage in a way that people attempt at property foreclosure try illegal. (Id. during the 2.) What is causing action asserted when you look at the Plaintiff’s Complaint are also uncertain, however, Plaintiff seems to be saying claims out-of wrongful foreclosures, infraction off offer, ripoff, and you can assertion out-of due processes, as well as abuses of one’s Colorado Business and Business Code §step 3.603, the outcome Into the Lending Act (“TILA”), the genuine Property Settlement Procedures Work (“RESPA”), brand new Racketeer Influenced and you will Corrupt Organizations Act (“RICO”), while the Uniform Commercial Code (“UCC”). (Id. at the step three-28.) Attached to Plaintiff’s Criticism are certain files that presumably service their says. (Id. in the 33-sixty.)

From the report, the fresh undersigned figured Plaintiff’s allegation he fulfilled extent owed on their loan of the distribution a unique notice to Flagstar Lender did not bring about any facially probable allege, as note connected to Plaintiff’s Complaint looked like unilaterally written and performed by Plaintiff inside the you will need to modify the loan’s terms and conditions. In the long run, new undersigned unearthed that Plaintiff’s claims less than RILA, Regulation Z, and you can RESPA was basically banned because of the governing statute away from restrictions and you can Plaintiff’s UCC and you can Texas Organization and Commerce Password says failed since a point of laws because these laws and regulations don’t control liens to the real property.