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Bledsoe v. Wells Fargo Home Mortgage

United States District Court, E.D. Missouri, Eastern Division

April 11, 2018

TERRY BLEDSOE and KELLI BLEDSOE, Plaintiffs,
v.
WELLS FARGO HOME MORTGAGE, Defendant.

          MEMORANDUM AND ORDER

          AUDREY G LEISSIG UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Defendant Wells Fargo Home Mortgage's motion to dismiss the pro se complaint of Plaintiffs Terry and Kelli Bledsoe, and Plaintiffs' motion for leave to amend their complaint. For the reasons set forth below, the Court will grant in part and deny in part Plaintiffs' motion for leave to amend, and deny as moot Defendant's motion to dismiss.

         BACKGROUND

         Plaintiffs filed this “Complaint to Quiet Title by Way of Fraud” in state court, and on February 27, 2018, Defendant removed the case to this Court on diversity grounds. Plaintiffs had previously amended their complaint twice while it was pending in state court. The current complaint asks the Court grant an “Order to Quiet Title with prejudice at 1325 Leroy Avenue, St. Louis Mo, 63133. Lot 5 Block 3 Hazel Hill Plat Book 4 Page 43, ” and for emotional distress and punitive damages in the amount of $750, 000.

         Plaintiffs allege that Defendant is “knowingly collecting payments on a fraudulent second deed of trust with a note that has been satisfied, ” in the amount of $38, 986. ECF No. 6 at 3. Defendant has moved to dismiss the complaint for failure to state a claim.

         Defendant argues that the documents incorporated by the complaint reveal that on December 14, 2011, Plaintiffs obtained a $38, 986 loan from Leader One Financial Corporation, and signed a related promissory note to be secured by a mortgage, deed of trust, or similar security instrument. The same day, Plaintiffs executed a deed of trust encumbering the property. Defendant asserts that the deed of trust was recorded twice by the St. Louis County Recorder of Deeds, the first time on December 15, 2011, in Book 19783, Page 2488 (“First Deed of Trust”), and the second time on January 4, 2012, in Book 19805, Page 965 (“Second Deed of Trust”). Defendant has attached copies of the note and both recorded Deeds of Trust as exhibits to the memorandum in support of its motion.[1]

         The First Deed of Trust describes the subject property as “Lot 5 in Block 3 of Hazel Hill, according to the plat thereof recorded in Plat Book 4 Page 43 of the St. Louis County Records, ” ECF No. 16-2 at 10, and states that the property has the address of “1235 Leroy Ave, Pagedale Missouri 63133, ” id. at 3. The Second Deed of Trust also describes the property as “Lot 5 in Block 3 of Hazel Hill, according to the plat thereof recorded in Plat Book 4 Page 43 of the St. Louis County Records, ” ECF no. 16-3 at 10, but states that the property has the address of “1325 Leroy Ave, Pagedale Missouri 63133, ” id. at 3.

         Defendant asserts that, on March 29, 2012, Leader One executed a document titled “Satisfaction, ” which was recorded, but that this document released only the First Deed of Trust. Defendant further contends that, on May 4, 2016, Mortgage Electronic Registration Systems, Inc. (“MERS”) executed an “Assignment of Mortgage/Deed of Trust, ” whereby MERS, as nominee for Leader One, assigned the Second Deed of Trust to Wells Fargo. The Satisfaction and Assignment are also attached as exhibits to Defendant's memorandum in support of its motion.

         The “Satisfaction” states:

In consideration of the satisfied debt secured by certain Deed of Trust made by Leader One Financial Corporation, to Kelli Bledsoe and Terry Bledsoe, Wife and Husband, dated December 14, 2011 and recorded December 16, 2011 in Book: 19783 Page: 2488 Doc No. 00754, in the amount of $38, 986.00 in the records of St. Louis County, Missouri, and covering the following described real estate.
Lot 5 in Block 3 of Hazel Hill, according to the plat thereof recorded in Plat Book 4 Page 43 in the St. Louis County Records.
Property address: 1235 Leroy Ave. Pagedale, MO 63133
Satisfaction of said Mortgage of trust is acknowledged and the ...

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