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WILLNER v. DIMON

No. 15-1678.

849 F.3d 93 (2017)

Michael A. WILLNER, Debtor in Possession; Marguerite Evans Willner, Plaintiffs-Appellants, v. James DIMON, individually, as President and CEO of JP Morgan Chase Bank, National Association; JP Morgan Chase Bank, N.A., a national banking association; Select Portfolio Servicing, INC., a Utah Corporation; Does (1-19) inclusive, persons yet to be determined, if any, involved in the acts complained of herein; U.S. Bank National Association, as Trustee, successor in interest to Bank of America, N.A., as Trustee, successor by merger to LaSalleBank, N.A., as Trustee, of the WaMu Mortgage Pass-Through Certificates Series 2006-AR15 Trust, a national banking association, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 16, 2017.

Attorney(s) appearing for the Case

ARGUED: Benjamin Stark Softness , KELLOGG, HUBER, HANSEN, TODD, EVANS & FIGEL, P.L.L.C., Washington, D.C.; Michael A. Willner , Lorton, Virginia, for Appellants. Brent J. McIntosh , SULLIVAN & CROMWELL, Washington, D.C.; Matthew Douglas Patterson , NELSON MULLINS RILEY & SCARBOROUGH LLP, Columbia, South Carolina, for Appellees. ON BRIEF: David C. Frederick , KELLOGG, HUBER, HANSEN, TODD, EVANS & FIGEL, P.L.L.C., Washington, D.C., for Appellant Marguerite Evans Willner. Brian M. Barnwell , NELSON MULLINS RILEY & SCARBOROUGH LLP, Columbia, South Carolina; John Curtis Lynch , Mary Catherine Zinsner , Harrison Scott Kelly , TROUTMAN SANDERS LLP, Virginia Beach, Virginia, for Appellees.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge Agee and Judge Thacker joined.

Michael Willner (an attorney) and Marguerite Willner appeal the district court's dismissal of their pro se complaint wherein they seek, inter alia, a declaration that JP Morgan Chase Bank ("Chase") and U.S. Bank cannot foreclose on their home. The district court dismissed certain Counts for lack of subject matter jurisdiction...

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