Fuller Family Trust v. Nationstar Mortgage LLC dba Mr. Cooper, 2:23-cv-00091

Plaintiffs Fuller Family Trust and Donald F. Fuller (pro se individually and as trustee) sued Nationstar Mortgage LLC (Mr. Cooper) and Deutsche Bank for alleged RESPA violations related to a mortgage on 8105 Meantmore Avenue, Las Vegas.
Allegations include overcharged escrow ("double" escrow payments), failure to provide principal/payoff information after bringing the loan current, failure to respond to a loan-modification appeal within 30 days, and initiating foreclosure before responding to the modification request; plaintiffs seek damages.
Defendants moved to dismiss for failure to state a claim: the complaint does not identify which RESPA provisions were violated, contains no specific allegations against Deutsche Bank, and Fuller (a nonlawyer) cannot represent the Trust in federal court unless he is the sole beneficiary.
The court granted the motion to dismiss but gave Plaintiffs leave to amend: identify the specific RESPA statutory subsections alleged violated, provide factual detail (dates/names) linking conduct to each provision, and plead facts demonstrating standing for each plaintiff.
The court also directed Plaintiffs to either obtain counsel to represent the Trust or submit evidence that Fuller is the sole beneficiary within 30 days, and it took judicial notice of public records showing the Fuller Family Trust as the Property owner.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Adequacy of RESPA pleadings	Fuller alleges RESPA violations generally (escrow, modification, payoff, foreclosure).	Complaint fails to identify which RESPA provisions were violated; thus Defendants cannot determine whether a private right exists or how to defend.	Dismissed for failure to plead with fair notice; leave to amend to specify statutory subsections and supporting facts.
Private right of action under RESPA	Implicit: Plaintiffs presume RESPA creates remedies for alleged conduct.	Without specified provisions, court cannot determine whether a private cause of action exists.	Court requires Plaintiffs to plead the exact RESPA provisions that provide a private right before proceeding.
Claims against Deutsche Bank	Complaint uses ‘‘Defendants’’ generically; opposition adds that Deutsche Bank appointed Nationstar and directed its conduct.	Complaint contains no specific allegations directed to Deutsche Bank to put it on fair notice.	Claims against Deutsche Bank dismissed for lack of specific allegations; leave to amend to plead factual basis.
Pro se trustee representation of Trust	Fuller proceeds pro se as trustee and sues on behalf of the Trust.	A nonlawyer cannot represent a trust in federal court unless the nonlawyer is the sole beneficiary.	Trust’s claims dismissed unless Fuller shows he is sole beneficiary or retains counsel; court ordered notice/counsel within 30 days.

Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (pleading must give fair notice and state a plausible claim)
Nisqually Indian Tribe v. Gregoire, 623 F.3d 923 (a plaintiff may only bring a cause of action if law provides a private right of action)
Allen v. City of Beverly Hills, 911 F.2d 367 (leave to amend should be freely given under Rule 15)
Leadsinger, Inc. v. BMG Music Publ’g, 512 F.3d 522 (factors permitting denial of leave to amend)
Orion Tire Corp. v. Goodyear Tire & Rubber Co., 268 F.3d 1133 (facts raised in opposition may inform leave-to-amend analysis)
C.E. Pope Equity Tr. v. United States, 818 F.2d 696 (nonlawyer cannot represent others in federal court; trustee cannot proceed pro se for trust unless sole beneficiary)
Oswald v. I.R.S., 888 F.2d 130 (nonlawyer not entitled to prosecute trust claims in federal court)
Disabled Rights Action Comm. v. Las Vegas Events, Inc., 375 F.3d 861 (courts may judicially notice public records)
Friends of the Earth, Inc. v. Laidlaw Env’t Servs., 528 U.S. 167 (Article III standing requirements)