Case Summary: 13-cv-12412
Plaintiffs Richard Norgeot and Elizabeth Norgeot, citizens of Massachusetts, brought an action against Defendants Provident Funding Group, Mortgage Electronics Registration System (“MERS”), Wells Fargo Bank, and Federal Home Loan Mortgage for an alleged failure to comply with Massachusetts law regarding the foreclosure of their home. Plaintiffs executed a mortgage for their home, which listed Provident Funding Group and MERS as the lenders. The mortgage required Defendant Provident Funding Group to give Plaintiffs prior notice regarding any default and a course of action to cure any default. Plaintiffs allege that Defendant did not do so. As a result of the defaults on the mortgage, Defendant MERS assigned the mortgage to Defendant Wells Fargo. Plaintiffs allege that this assignment was in violation of Massachusetts law, and that the foreclosure of their home is therefore invalid.
This Motion to Dismiss was brought by Defendants, alleging that Plaintiffs have not stated a claim for which they are entitled to relief under the law. In this video, the Court hears oral arguments from Plaintiffs and Defendants. Plaintiffs argue that the assignment of the mortgage was invalid according to Massachusetts law, and that no notices were given to them in regards to any default. Defendants argue that Plaintiffs’ allegations are conclusory because they give no specific examples as to why the assignment of the mortgage violated the law, and that Plaintiffs were aware of the default judgment but failed to appeal it before filing this lawsuit. The Court renders judgment against Plaintiffs and dismisses the case.
- Complaint filed 9/30/2013 (Doc #1)
- Motion to Dismiss filed 11/12/2013 (Doc #12)
Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit Pacer.gov.
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