Val-Com Acquisitions Trust v. Deutsche Bank Trust Co. Americas , 428 F. App'x 274 ( 2011 )


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  •      Case: 10-11005 Document: 00511499788 Page: 1 Date Filed: 06/06/2011
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    June 6, 2011
    No. 10-11005                           Lyle W. Cayce
    Summary Calendar                              Clerk
    VAL-COM ACQUISITIONS TRUST; MYRON VAN HAREN; MIA VAN
    HAREN,
    Plaintiffs - Appellants
    v.
    DEUTCHE BANK TRUST COMPANY AMERICAS; SAXON MORTGAGE
    SERVICES, INC.,
    Defendants - Appellees
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 4:10-CV-424-A
    Before HIGGINBOTHAM, SMITH, and HAYNES, Circuit Judges.
    PER CURIAM:*
    Myron and Mia Van Haren purchased a home in 2002, financing the
    purchase through a note and deed of trust payable to Americas MoneyLine, Inc.
    After the mortgage went into default, the Harens transferred title to the home
    to Val-Com Acquisitions. In 2010, all three sued Defendants Deutsche Bank
    Trust Company Americas ("Deutsch Bank") and Saxon Mortgage Services, Inc.
    *
    Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR .
    R. 47.5.4.
    Case: 10-11005 Document: 00511499788 Page: 2 Date Filed: 06/06/2011
    No. 10-11005
    ("Saxon") alleging violations of the Truth-In-Lending Act ("TILA") and the Real
    Estate Settlement Procedures Act ("RESPA") as well as state-law claims for
    fraud, negligent misrepresentation, and declaratory judgment. After Deutsche
    Bank removed to a federal district court with Saxon's consent, they filed an
    amended complaint, changing the basis of their declaratory relief from the
    relevant Texas statute to the federal statute.
    Deutsche Bank and Saxon moved to dismiss. After an oral hearing, the
    district court granted their motion under Federal Rule of Civil Procedure
    12(b)(6). The only matter briefed before this court is the propriety of the
    dismissal of Appellants' claims for declaratory relief regarding Appellees' status
    relative to the property in question. Thus, we conclude that any appeal of the
    other matters dismissed has been waived. Mullins v. TestAmerica, Inc., 
    564 F.3d 386
    , 417 (5th Cir. 2009) ("[W]e deem this issue waived due to inadequate
    briefing.").
    In their amended complaint, Appellants stated: "Defendant Deutsche
    Bank claims to be the holder of the Note, and the person entitled to enforce the
    Note. . . . Defendant Deutsche Bank claims to be the holder of the Deed of Trust,
    and the person entitled to enforce the Deed of Trust [and] Defendant Saxon
    claims to be the current mortgage servicer of the Note." They alleged no facts
    whatsoever casting doubt on Deutsche Bank's status as assignee of the relevant
    documents or Saxon's status as mortgage servicer. They simply asked for "a
    determination and declaration of whether Defendant Deutsche Bank is the
    owner and/or holder of the Note and Deed of Trust" and similar declarations
    regarding whether Saxon is the mortgage servicer and entitled to enforce and
    bring a foreclosure action on the relevant documents.
    A federal declaratory judgment action requires an actual case or
    controversy, not a mere hypothetical issue. Pub. Serv. Comm'n, v. Wycoff Co.,
    
    344 U.S. 237
    , 242 (1952). "Our decisions have required that the dispute be
    2
    Case: 10-11005 Document: 00511499788 Page: 3 Date Filed: 06/06/2011
    No. 10-11005
    'definite and concrete, touching the legal relations of parties having adverse legal
    interests'; and that it be 'real and substantial' . . . ." MedImmune, Inc. v.
    Genentech, Inc., 
    549 U.S. 118
    , 127 (2007) (internal citations omitted). The
    district court concluded that Appellants did not allege an actual, current case or
    controversy on these points, and we agree. While there could be a dispute
    between the parties here, absent an allegation — even on information and belief
    — that Deutsche Bank and Saxon are not who they say they are, there is
    nothing for the district court to adjudicate.1 Accordingly, the district court
    properly dismissed this case.
    AFFIRMED.
    1
    Lozano y. Ocwen Federal Bank, 
    489 F.3d 636
    , 639 (5th Cir. 2007), is inapposite.
    That case involved a declaratory judgment to set aside a foreclosure deed that the plaintiffs
    contended was entered improperly because they had previously paid the note. 
    Id. at 638
    .
    Here, the portions of the complaint on which the appeal is based do no more than ask whether
    Appellees are the proper parties to pursue foreclosure, etc.; they fail to allege any facts in
    controversy.
    3
    

Document Info

Docket Number: 10-11005

Citation Numbers: 428 F. App'x 274

Judges: Higginbotham, Smith, Haynes

Filed Date: 6/7/2011

Precedential Status: Non-Precedential

Modified Date: 11/5/2024