SAHLEIN v. RED OAK CAPITAL, INC.

No. 3:13-CV-00067-DMB-JMV.

HUGO SAHLEIN; RITA SAHLEIN;, Plaintiffs, STEVEN SAHLEIN; and EMELINE SAHLEIN v. RED OAK CAPITAL, INC., its successors and assigns; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., its successors and assigns; MERSCORP HOLDINGS, INC., its successors and assigns; FLAGSTAR BANK, FSB, its successors and assigns; LSF7 MORTGAGE ACQUISITIONS II, LLC, its successors and assigns; LSF7 BERMUDA NPL V TRUST, its successors and assigns; US BANK TRUST, NA, its successors and assigns; VERICREST FINANCIAL, INC., its successors and assigns; VOLT 2011-NPL1 HOLDINGS, LLC, its successors and assigns; VERICREST OPPORTUNITY LOAN TRUST 2011-NPL1, its successors and assigns; VOLT NPL IX, LLC, its successors and assigns; VOLT NPL IX ASSET HOLDINGS TRUST, its successors and assigns; WELLS FARGO DELAWARE TRUST COMPANY, NA, its successors and assigns; MARINOSCI LAW GROUP, PC, its successors and assigns; JANE DOE TRUSTS; and JOHN DOES, Defendants.

United States District Court, N.D. Mississippi, Oxford Division.

February 20, 2015.


Attorney(s) appearing for the Case

Rita Sahlein, Plaintiff, represented by David Shelton , DAVID SHELTON, ATTORNEY.

Steven Sahlein, Plaintiff, represented by David Shelton , DAVID SHELTON, ATTORNEY.

Emeline Sahlein, Plaintiff, represented by David Shelton , DAVID SHELTON, ATTORNEY.

Mortgage Electronic Registration Systems, Inc., it's successors and assigns, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Merscorp Holdings, Inc., it's successors and assigns, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Flagstar Bank, FSB, it's successors and assigns, Defendant, represented by Lindsay Thomas Dowdle , JONES WALKER LLP & Lisa Anderson Reppeto , Jones, Walker, Waechter, Poitevent, Carrre & Dengre, L.L.P.

LSF7 Mortgage Acquisitions II, LLC, it's successors and assigns, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

LSF7 Bermuda NPL V Trust, it's successors and assigns, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

US Bank Trust, NA, it's successors and assigns, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Vericrest Financial, Inc., it's successors and assigns, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC, Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC & Gene D. Berry , GENE D. BERRY, PLLC.

Volt 2011-NPL1 Holdings, LLC, it's successors and assigns, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Vericrest Opportunity Loan Trust 2011-NPL1, it's successors and assigns, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Volt NPL IX, LLC, it's successors and assigns, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Volt NPL IX Asset Holdings Trust, it's successors and assigns, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC & Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC.

Wells Fargo Delaware Trust Company, NA, it's successors and assigns, Defendant, represented by C. Meade Hartfield , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ PC, Catherine C. Long , BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ, PC & Gene D. Berry , GENE D. BERRY, PLLC.


OPINION AND ORDER GRANTING MOTION TO DISMISS

DEBRA M. BROWN, District Judge.

This declaratory judgment and quiet title action is before the Court on the Rule 12(b)(1) motion to dismiss of Defendants Caliber Home Loans, Inc. f/k/a Vericrest Financial, Inc.; LSF7 Bermuda NPL V Trust; LSF7 Mortgage Acquisitions II, LLC; Merscorp Holdings, Inc. ("MERSCORP"); Mortgage Electronic Registration Systems, Inc. ("MERS"); US Bank Trust, NA; Vericrest...

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