United States District Court, M.D. Pennsylvania
BANK OF NEW YORK AS TRUSTEE FOR CERTIFICATE HOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-24, Plaintiff
AMY J. BATES f/k/a AMY J. JONES and RICHARD BATES, Defendants
MALACHY E. MANNION, District Judge.
Pending before the court is the defendants' motion to dismiss the plaintiff's amended complaint, (Doc. 14). Based upon the court's review of the motion and related materials, the defendants' motion to dismiss will be DENIED.
The defendants' motion to dismiss is brought pursuant to the provisions of Fed.R.Civ.P. 12(b)(6). This rule provides for the dismissal of a complaint, in whole or in part, if the plaintiff fails to state a claim upon which relief can be granted. The moving party bears the burden of showing that no claim has been stated, Hedges v. United States , 404 F.3d 744, 750 (3d Cir. 2005), and dismissal is appropriate only if, accepting all of the facts alleged in the complaint as true, the plaintiff has failed to plead "enough facts to state a claim to relief that is plausible on its face, " Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 127 S.Ct. 1955, 1974 (2007) (abrogating "no set of facts" language found in Conley v. Gibson , 355 U.S. 41, 45-46 (1957)). The facts alleged must be sufficient to "raise a right to relief above the speculative level." Twombly , 550 U.S. 544, 127 S.Ct. at 1965. This requirement "calls for enough fact[s] to raise a reasonable expectation that discovery will reveal evidence of" necessary elements of the plaintiff's cause of action. Id . Furthermore, in order to satisfy federal pleading requirements, the plaintiff must "provide the grounds of his entitlement to relief, " which "requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Phillips v. County of Allegheny , 515 F.3d 224, 231 (3d Cir. 2008) (brackets and quotations marks omitted) (quoting Twombly , 550 U.S. 544, 127 S.Ct. at 1964-65).
In considering a motion to dismiss, the court generally relies on the complaint, attached exhibits, and matters of public record. See Sands v. McCormick , 502 F.3d 263 (3d Cir. 2007). The court may also consider "undisputedly authentic document[s] that a defendant attaches as an exhibit to a motion to dismiss if the plaintiff's claims are based on the [attached] documents." Pension Benefit Guar. Corp. v. White Consol. Indus. , 998 F.2d 1192, 1196 (3d Cir. 1993). Moreover, "documents whose contents are alleged in the complaint and whose authenticity no party questions, but which are not physically attached to the pleading, may be considered." Pryor v. Nat'l Collegiate Athletic Ass'n , 288 F.3d 548, 560 (3d Cir. 2002). However, the court may not rely on other parts of the record in determining a motion to dismiss. See Jordan v. Fox, Rothschild, O'Brien & Frankel , 20 F.3d 1250, 1261 (3d Cir. 1994).
Generally, the court should grant leave to amend a complaint before dismissing it as merely deficient. See , e.g., Fletcher-Harlee Corp. v. Pote Concrete Contractors, Inc. , 482 F.3d 247, 252 (3d Cir. 2007); Grayson v. Mayview State Hosp. , 293 F.3d 103, 108 (3d Cir. 2002); Shane v. Fauver , 213 F.3d 113, 116-17 (3d Cir. 2000). "Dismissal without leave to amend is justified only on the grounds of bad faith, undue delay, prejudice, or futility." Alston v. Parker , 363 F.3d 229, 236 (3d Cir. 2004).
Accepted as true, the allegations of the plaintiff's amended complaint provide that defendant Amy J. Bates, formerly known as Amy J. Jones, ("Bates/Jones"), is the owner of a parcel of real property located at 1712 Forest Acres Drive, Clarks Summit, PA, ("Residential Property").
On March 24, 2000, Bates/Jones received a loan for $105, 000 from Saxon Mortgage, Ltd. secured by a mortgage on the Residential Property. The plaintiff later married defendant Richard Bates.
On March 19, 2003, the defendants acquired a 1.91 acre parcel of vacant property adjacent to the Residential Property from Bates/Jones' relative, Shirley Cosner, for $1.00, ("Vacant Property"). The Vacant Property and the Residential Property have distinct legal descriptions, but the same mailing address.
In or around October 2006, Bates/Jones approached Franklin First Financial, Ltd., ("Franklin"), and requested a loan which was to be used, in part, to pay off the amounts under the Saxon Loan and which was to be secured against the Residential Property.
On October 19, 2006, Bates/Jones, in her own name and without the participation of Mr. Bates, submitted a loan application to Franklin through which she sought a loan in the amount of $164, 500 to refinance the Residential Property located at 1712 Forest Acres Drive, Clarks Summit, PA. In the application, Bates/Jones represented, among other things, that:
a. Property located at 1712 Forest Acres Drive, Clarks Summit, PA would be used to secure the loan;
b. The property located at 1712 Forest Acres Drive, Clarks Summit, PA, which would be used to secure the loan would be her "primary residence";
c. The property located at 1712 Forest Acres Drive, Clarks Summit, PA, which would be used to secure the loan was a single family residence;
d. The property located at 1712 Forest Acres Drive, Clarks Summit, PA, which would be used to secure the loan ...