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Matthew Arvizu v. Gmac Mortgage

April 20, 2011

MATTHEW ARVIZU,
PLAINTIFF,
v.
GMAC MORTGAGE, LLC FKA GMAC MORTGAGE CORPORATION; GREENPOINT MORTGAGE FUNDING, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; ETS SERVICES, LLC; EXECUTIVE TRUSTEE
SERVICES; CONNIE R. MELVIN D/B/A ACTION LEGAL SUPPROT SERVICE; MERRITT LAW, INC.; AND DOES 1 TO 200, INCLUSIVE, .



The opinion of the court was delivered by: Judge: The Hon. Oliver W. Wanger

ORDERONMOTIONTO DISMISS FIRSTAMENDEDCOMPLAINT

Date: Monday, February 14, 2011

Time: 10:00 AM

Dept: Courtroom 3, 7th Floor

Complaint filed: March 26, 2010

The motions by (1) Defendants GMAC Mortgage, LLC, Mortgage Electronic Registration Systems, Inc, and Executive Trustee Services, LLC (incorrectly sued as "ETS Services, LLC" and 26 "Executive Trustee Services"); and (2) Greenpoint Mortgage Funding, Inc. ("Greenpoint") 27 (collectively, "Moving Defendants") to dismiss the First Amended Complaint pursuant to Rule 28 12(b)(6) of the Federal Rules of Civil Procedure, came on for hearing in this Court on Monday, March 7, 2011 before the Hon. Oliver W. Wanger. Appearances are noted on the record. 3

After considering the moving and opposition papers, as well as oral argument, and good cause appearing, the Court ruled as follows: 5

Plaintiff Matthew Arvizu ("Plaintiff") asserts eighteen causes of action against various Defendants involved in transactions related to a loan secured by Plaintiff's real property. 8 Plaintiff filed a first amended complaint ("FAC") on November 4, 2010. (Doc. 42).

I.INTRODUCTION

Defendant Greenpoint Mortgage Funding, Inc. ("Greenpoint") filed a motion to dismiss the FAC 10 on November 19, 2010. (Doc. 42). Defendant Executive Trustee Services, LLC ("ETS"), 11 GMAC Mortgage, LLC ("GMAC"), and Mortgage Electronic Registration Systems, Inc. 12 ("MERS") also filed a motion to dismiss on November 19, 2010. (Doc. 44). 13 Plaintiff filed opposition to the motions to dismiss on February 9, 2011. (Doc. 52).

Defendants filed replies on February 18, 2011. (Docs. 53, 54). 15

II.FACTUAL BACKGROUND

On or about November 21, 2006, Plaintiff purchased a residence ("the Property") using 17 funds acquired through a loan from Defendant Greenpoint. The terms of the loan were 18 memorialized in a promissory note, which was secured by a Deed of Trust, and Adjustable Rate 19 Note, and Interim Interest Addendum to Note. 20

The Deed of Trust appears to have been executed on November 21, 2006; however, the 21 Uniform Residential Loan Application was completed on November 27, 2006. Plaintiff contends 22 that Greenpoint manipulated ...


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