Judge John Gleeson
State supreme court repeatedly denied Kingston’s applications to stay a previously issued order of foreclosure arising from his failure to pay First United Mortgage Banking Corp. $796,000 loan. Interpreting Kingston’s subsequent federal complaint to assert fraud and violations of the Fifth and Fourteenth amendments’ due process clause, the Home Ownership and Equity Protection Act (HOEPA), and Truth in Lending Act (TILA), district court dismissed Kingston’s claims as against America’s Servicing Company (ASC). The Rooker-Feldman doctrine did not divest jurisdiction over Kingston’s allegations of fraud and predatory lending in the mortgage’s formation. Citing Wynn v. AC Rochester and Eternity Global Master Fund v. Morgan Guar. Trust of N.Y., the court found Kingston’s complaint alleged neither facts bearing on ASC’s conduct, nor that any of its acts or omissions were false or misleading. In finding Kingston failed to make facially plausible claims that ASC violated TILA or HOEPA by predatory lending, the court determined that even assuming ASC a "creditor" under 15 USC §1602 and Regulation Z of the Truth in Lending Regulations, Kingston made no allegation that ASC failed to comply with HOEPA’s disclosure requirements.
