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Keywords

contractbreach of contractplaintiffpleamotiontrustforeclosurecontractual obligationmotion to dismiss
contractbreach of contractplaintiffpleamotiontrustforeclosurecontractual obligationmotion to dismiss

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Morin; U.S. v.

Facts

Plaintiffs Roland Morin and Teresa Morin Lina originally sued CitiMortgage, Inc. in the 438th Judicial District Court of Bexar County, Texas, on May 3, 2024, alleging breach of the Deed of Trust and seeking injunctive relief to prevent foreclosure on their property. CitiMortgage removed the case to federal court on June 17, 2024, and subsequently filed a motion to dismiss on July 3, 2024. The Plaintiffs failed to respond to the motion or comply with court orders to seek an extension of time to respond.

Plaintiffs Roland Morin and Teresa Morin Lina originally sued CitiMortgage, Inc. in the 438th Judicial District Court of Bexar County, Texas, on May 3, 2024, alleging breach of the Deed of Trust and seeking injunctive relief to prevent foreclosure on their property. CitiMortgage removed the case to federal court on June 17, 2024, and subsequently filed a motion to dismiss on July 3, 2024. The Plaintiffs failed to respond to the motion or comply with court orders to seek an extension of time to respond.

Issue

The main legal issue was whether the Plaintiffs had sufficiently stated a claim for breach of contract against CitiMortgage.

The main legal issue was whether the Plaintiffs had sufficiently stated a claim for breach of contract against CitiMortgage.

Rule

To survive a motion to dismiss under Rule 12(b)(6), a complaint must contain sufficient factual matter to state a claim that is plausible on its face, as established in Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly.

To survive a motion to dismiss under Rule 12(b)(6), a complaint must contain sufficient factual matter to state a claim that is plausible on its face, as established in Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly.

Analysis

The court applied the rule by accepting all well-pleaded facts as true and found that the Plaintiffs had not performed their contractual obligations under the Deed of Trust. The court noted that the Plaintiffs conceded to having breached the Deed by falling behind on payments, which precluded them from claiming breach by CitiMortgage. The court also highlighted that prior forbearance by CitiMortgage did not modify the terms of the contract.

The court applied the rule by accepting all well-pleaded facts as true and found that the Plaintiffs had not performed their contractual obligations under the Deed of Trust. The court noted that the Plaintiffs conceded to having breached the Deed by falling behind on payments, which precluded them from claiming breach by CitiMortgage. The court also highlighted that prior forbearance by CitiMortgage did not modify the terms of the contract.

Conclusion

The court recommended granting CitiMortgage's motion to dismiss due to the Plaintiffs' failure to state a claim and their lack of response to the motion.

The court recommended granting CitiMortgage's motion to dismiss due to the Plaintiffs' failure to state a claim and their lack of response to the motion.

Who won?

CitiMortgage, Inc. prevailed in the case because the court found that the Plaintiffs failed to state a claim for breach of contract and did not respond to the motion to dismiss.

CitiMortgage, Inc. prevailed in the case because the court found that the Plaintiffs failed to state a claim for breach of contract and did not respond to the motion to dismiss.

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