Janos Farkas v. Sun Trust Mortgage, 447 F. App'x 972

Farkas, appearing pro se, appeals a district court ruling granting SunTrust Mortgage, Inc.'s 12(b)(6) motion to dismiss his FDCPA and Alabama state-law foreclosure claims.
He contends MERS data show SunTrust is not the creditor/owner of the debt, challenging SunTrust's standing.
The district court treated his complaint as failing to state a plausible claim and dismissed.
Foreclosure is a mortgage action, not governed by the U.C.C.; Alabama foreclosure statutes govern non-judicial foreclosures.
The court applied de novo review and liberal pleading standards to pro se complaints, affirming dismissal for failure to state a claim.
The ultimate holding is that Farkas didn't allege facts adequate to support relief under Alabama law or the FDCPA.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the FDCPA claim is plausible against a foreclosure action	Farkas argues SunTrust not creditor/owner based on MERS data	SunTrust contends complaint fails to allege actionable FDCPA facts	Affirmed; no plausible FDCPA claim.
Whether the complaint was properly dismissed given U.C.C. vs. foreclosure law	Farkas claims U.C.C. proof-of-claim required	Foreclosure is governed by mortgage law, not U.C.C.	Affirmed; district court did not err in dismissing.

Speaker v. U.S. Dep’t of Health & Human Servs., 623 F.3d 1371 (11th Cir. 2010) (de novo review; plausible claim standard; liberal pro se pleading)
Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility standard for complaint sufficiency)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (plausibility standard for pleadings)
Alba v. Montford, 517 F.3d 1249 (11th Cir. 2008) (pro se pleadings construed liberally)
GJR Invs., Inc. v. Cnty. of Escambia, Fla., 132 F.3d 1359 (11th Cir. 1998) (liberal construction does not rewrite deficient pleadings)
Triple J Cattle, Inc. v. Chambers, 551 So.2d 280 (Ala. 1989) (mortgage remedies; foreclosure not requiring U.C.C. proof of claim)