Toone v. Wells Fargo Bank, N.A.
2013 U.S. App. LEXIS 4778
| 10th Cir. | 2013Background
- Note and Trust Deed from 1998; Premier as initial Lender, Inwest as trustee; subsequent chain of assignees including Accubanc, Norwest, LaSalle, and Bank of America; eTitle appointed successor trustee and issued Notice of Default on Oct 20, 2009; HAMP Trial Period Agreement signed but no modification to Note/Deed; trustee’s foreclosure sale occurred Jan 3, 2011; Toones filed state court suit asserting declaratory relief, UCSPA, FDCPA, RESPA, and contract claims; case removed to federal court and claims dismissed under Rule 12(b)(6); district court affirmed dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of Note endorsements and assignment chain | Toone contends endorsements are defective (robo-signing). | Endorsements facially regular; no fraud pleaded. | Endorsements facially valid; claims fail. |
| FDCPA liability for foreclosure actions | Defendants violated FDCPA through the foreclosure process. | No specific acts alleged; default and rights unclear. | Claims inadequately pled; dismissed. |
| RESPA damages from failure to respond | Delay damages and pattern of violation alleged. | Need actual damages or pattern; complaint too conclusory. | Damages not pled; RESPA claim dismissed. |
| Procedural challenges to district court decisions | District court erred in dismissing with prejudice and structuring jurisdiction. | Discretionary decisions; no reversible error stated. | No reversible error; district court affirmed. |
| State-law claims after federal-dismissal jurisdiction | State claims should be heard; improper to dismiss entirely. | Supplemental jurisdiction is discretionary. | Affirmed dismissal; jurisdiction within court's discretion. |
Key Cases Cited
- Casanova v. Ulibarri, 595 F.3d 1120 (10th Cir. 2010) (pleading must state plausible relief; Rule 8(a) standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (plausibility requirement for claims)
- Gee v. Pacheco, 627 F.3d 1178 (10th Cir. 2010) (de novo review for Rule 12(b)(6) rulings)
- Carlsbad Tech., Inc. v. HIF Bio, Inc., 556 U.S. 635 (U.S. 2009) (district court discretion on supplemental jurisdiction)
- Anderson v. Suiters, 499 F.3d 1228 (10th Cir. 2007) (leave to amend not required if futile)
- Hall v. Witteman, 584 F.3d 859 (10th Cir. 2009) (amendment considerations for pleading)