451 F. App'x 505
6th Cir.2011Background
- Joyner, a Michigan resident, challenged a foreclosure-related mortgage chain in 2010 under FDCPA and TILA.
- The loan originated in 2006 with Pathway Financial LLC and MERS, later assigned to CitiMortgage.
- Joyner alleged improper note assignment and sought loan declaration paid, refunds, and treble damages.
- The district court dismissed the entire complaint; Pathway and its former president were not served.
- The district court also dismissed for lack of personal jurisdiction over CitiMortgage’s CFO, failure to state against Orlans, and lack of viable FDCPA/RESPA/TILA claims.
- On appeal, the Sixth Circuit affirmed, noting no proper service, no personal jurisdiction, and failure to plead viable claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction over CitiMortgage CFO | Joyner alleged personal actions tied to Michigan. | CitiMortgage CFO had no actions connected to Michigan; jurisdiction lacking. | No personal jurisdiction; dismissal affirmed. |
| Liability of Orlans Associates P.C. under Rule 12(b)(6) | Orlans had duties under the cited statutes and documents. | Complaint lacked plausible claims; captioned but no factual basis. | Dismissal affirmed for failure to state a claim. |
| FDCPA applicability to MERS/CitiMortgage and assignment status | Creditor/debtor misassignment rendered the claim viable. | FDCPA does not cover creditors or non-default assignments; no viable claim. | FDCPA claims not stated; dismissal affirmed. |
| TILA and RESPA claims viability | Time-barred TILA claims; RESPA theory improvised from response documents. | TILA time-barred; RESPA misapplied as servicer requirements not satisfied. | TILA time-barred and RESPA claim inadequately pled; dismissal affirmed. |
Key Cases Cited
- MacDermid v. Discover Fin. Servs., 488 F.3d 721 (6th Cir. 2007) (FDCPA status and debt-collector definition)
- Wadlington v. Credit Acceptance Corp., 76 F.3d 103 (6th Cir. 1996) (assignee not liable when debt not in default)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (S. Ct. 2007) (pleading standard: plausibility required)
- Tobin v. Astra Pharm. Prods., Inc., 993 F.2d 528 (6th Cir. 1993) (de novo review of personal-jurisdiction dismissal)
- Balance Dynamics Corp. v. Schmitt Indus., Inc., 204 F.3d 683 (6th Cir. 2000) (jurisdiction requires purposeful availment)