United States District Court, D. Oregon, Medford Division
MARK J. RICH, Plaintiff,
WELLS FARGO BANK, NA; FEDERAL HOME LOAN MORTGAGE CORPORATION, Defendants.
OWEN M. PANNER, District Judge.
This matter comes before the Court on Defendants' Motion to Dismiss (#9). Defendants' Motion is GRANTED.
Plaintiff in this case took out a loan from Defendant Wells Fargo Bank for $227, 280 on March 22, 2006. That loan was secured by a Deed of Trust on property in Talent, Oregon.
Where the plaintiff ftfail[s] to state a claim upon which relief can be granted, " the court must dismiss the action. Fed.R.Civ.P. 12(b) (6). To survive a motion to dismiss, the complaint must allege ftenough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 570 (2007). For the purpose of the motion to dismiss, the complaint is liberally construed in favor of the plaintiff and its allegations are taken as true. Rosen v. Walters , 719 F.2d 1422, H24 (9th Cir. 1983). However, bare assertions that amount to nothing more than a ftformulaic recitation of the elements" of a claim ftare conclusory and not entitled to be assumed true." Ashcroft v. Iqbal , 556 U.S. 662, 680-81 (2009). Rather, to state a plausible claim for relief, the complaint ftmust contain sufficient allegations of underlying facts" to support its legal conclusions. Starr v. Baca , 652 F.3d 1202, 1216, reh'g en banc denied, 659 F.3d 850 (9th Cir. 2011).
A. Plaintiff's Quiet Title Claim
Plaintiff's claim for quiet title appears to allege only that Defendants have a mortgage on his property as evidenced by the Note and Deed of Trust. Oregon is a ftlien theory" state, meaning that a mortgage on real property does not convey legal or equitable title to the holder of the mortgage, but rather signifies only a lien on the property. Kerr v. Miller , 159 Or.App. 613, 621 (1999); see also Tabb v. One West Bank, FSB , 3:10cv-855-ST, 2011 WL 4448752 at *9 (D. Or. Aug. 26, 2011).
It does not appear from the Complaint that Defendants have foreclosed on Plaintiff's property, or that a foreclosure is even pending. As Defendants hold a lien on the property and do not appear to dispute Plaintiff's title, I conclude that Plaintiff has not adequately pled a claim for quiet title. This claim is DISMISSED.
B. Plaintiff's Other Claims
The Complaint appears to allege a number of other claims, which I have done my best to separate out below.
1. Negligent Misrepresentation
Plaintiff alleges "misrepresentation" by Defendants, which I interpret as a claim for ...