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Deutsche Bank National Trust Company v. Fegely

United States District Court, E.D. Virginia, Richmond Division

March 27, 2018

DEUTSCHE BANK NATIONAL TRUST COMPANY, Plaintiff,
v.
MARGARET L. FEGELY, Defendant.

          MEMORANDUM OPINION

          M. HANNAH LAUCK, UNITED STATES DISTRICT JUDGE.

         This matter comes before the Court on pro se Defendant Margaret L. Fegely's Motion to Dismiss.[1] (ECF No. 22.) Plaintiff Deutsche Bank National Trust Company, as Trustee for IndyMac Indx Mortgage Loan Trust 2006-AR12, Mortgage Pass-Through Certificates Series 2006-AR12 ("Deutsche Bank"), responded, (ECF No. 24), and Fegely replied, (ECF No. 25). Accordingly, the matter is ripe for disposition. The Court dispenses with oral argument because the materials before it adequately present the facts and legal contentions, and argument would not aid the decisional process. For the reasons that follow, the Court will deny the Motion to Dismiss.

         I. Factual and Procedural Background

         A. Procedural Background

         On February 17, 2016, Deutsche Bank filed a Complaint in the Circuit Court for Hanover County. (ECF No. 1-2.) On March 9, 2016, Fegely removed the case to this Court. (ECF No. 1.) On August 22.2016. Deutsche Bank filed a Motion for Judgment on the Pleadings, (ECF No. 2), and on September 13, 2016, Fegley filed a Motion for Entry of Default, (ECF No. 4). The Court denied both motions-as well as a demurrer Deutsche Bank had filed prior to removal-without prejudice after a review of the pleadings raised doubts that removal was proper and that the Court had subject-matter jurisdiction over Deutsche Bank's claims. (Feb. 16, 2017 Memo. O., ECF No. 15.) On May 5, 2017, after soliciting briefing from the parties, the Court determined that it possessed subject-matter jurisdiction under 28 U.S.C. § 1332.[2] (May 5, 2017 Memo. 0., ECF No. 21.) On May 15, 2017, Fegley filed the Motion to Dismiss.

         B. Summary of Allegations in the Complaint[3]

         Deutsche Bank brings this action to obtain declaratory relief and to quiet title to a piece of property located at 9271 Shannon Road, Mechanicsville, Virginia 23116 (the "Property"). Deutsche Bank, the record owner of the Property, bought the Property in a legally valid foreclosure sale on August 22, 2012. Fegley had previously owned the Property, but lost it to foreclosure after she defaulted on a Note and secured Deed of Trust.

         During and after the foreclosure, Fegley placed three clouds on the title to the Property: a Uniform Commercial Code Financing Statement ("Fegely's UCC Financing Statement") and two Memoranda of Lis Pendens. On January 11, 2012, Fegely filed a UCC Financing Statement with the Virginia State Corporation Commission. The next day, she also filed the statement in the Circuit Court Clerk's Office of the Hanover County Court and recorded it in the Hanover County land records.[4] Fegely's UCC Financing Statement lists Fegely as the "filer" and "Secured Party"; purports that "Indy Mac [sic] now One West Bank" owes her $ 100, 000, 000; states that the debt is secured by the Property as collateral; and, asserts that the "filing establishes a superior security interest." (Compl, ¶¶ 13-16, ECF No. 1-2.) IndyMac is not now, and has never been, indebted to Fegely.

         On August 16, 2012, Fegely filed a complaint against, inter alia, "IndyMac Mortgage Servicer, " and "Deutsche Bank National Trust Company, " in the Eastern District of Virginia, Richmond Division (the "District Court") for declaratory judgment, injunctive relief, and to quite title of the Property. (Compl. ¶ 20, Ex. C, at 1.) That same day, Fegely also filed a Memorandum of Lis Pendens in the District Court indicating that a lawsuit had been filed against the defendants named in the complaint and identifying the Property as the subject of the action. On August 21, 2012, the District Court dismissed Fegely's Complaint. Fegely appealed the decision to the United States Court of Appeals for the Fourth Circuit, which dismissed the appeal on August 25, 2012.

         On June 27, 2013, Fegely filed a complaint in the Hanover County Circuit Court for declaratory judgment seeking to void the foreclosure of the Property against, inter alia, "Deutsche Bank National Trust Company, as Trustee of the Indy Mac [sic] Mortgage Loan Trust 2006-AR12 Mortgage Pass-Through Certificates." (Compl. ¶ 24, Ex. F at 1.) The next day, on June 28, 2013, Fegely filed another Memorandum of Lis Pendens indicating that a lawsuit had been filed against the defendants named in the complaint and again identifying the Property as the subject of the action. On October 29, 2013, the Hanover County Circuit Court dismissed Fegely's complaint with prejudice. Fegely petitioned to appeal the decision to the Supreme Court of Virginia, but the court denied her petition.

         Deutsche Bank brings two counts:

Count I: Declaratory Relief pursuant to Va. Code § 8.01-184, claiming that Fegely's UCC Financing Statement was false and should be rendered "null and unenforceable;" and,
Count II: Action to Quiet Title, claiming that the two Memoranda of Lis Pendens constitute clouds on Deutsche Bank's superior title to the Property and should be stricken ...

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