Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM AND ORDER Pro se plaintiff William Blagrove brings a wrongful foreclosure action against Deutsche Bank National Trust Company (“Deutsche Bank”), Jeffrey Miller, Esq., and AGUU Homes, LLC. Defendant Deutsche Bank moves to dismiss the complaint for lack of subject-matter jurisdiction and failure to state a claim. Defendant’s motion is granted. BACKGROUND The following factual allegations are taken from plaintiff’s complaint, documents integral to plaintiff’s complaint, and documents amenable to judicial notice. A. Factual Background Records at the Office of the City Register reflect that plaintiff William Blagrove mortgaged real property at 1603 East 95th Street, Brooklyn, NY, 11236 for a $488,000 loan on May 26, 2006. See Def.’s Mot. to Dismiss Ex. A at 1 (Dkt. #10). In 2014, defendant Deutsche Bank filed a foreclosure action against plaintiff in Kings County, alleging that plaintiff failed to make a payment in 2008. See Def.’s Mot. to Dismiss Ex. B. In 2016, summary judgment was granted to Deutsche Bank. See Def.’s Mot. to Dismiss Ex. D. In 2018, a final judgment of foreclosure and sale was issued in favor of Deutsche Bank. See Def.’s Mot. to Dismiss Ex. E. In 2019, plaintiff moved to vacate the judgment, and that motion was denied. See Def.’s Mot. to Dismiss Ex. F. B. Procedural History Plaintiff then filed this wrongful foreclosure action. See Compl. 6 (Dkt. #1). Plaintiff alleges that defendants failed to disclose documents during negotiations over the mortgage. For example, plaintiff alleges that defendants “refused to provide…copies of important documents, including the complete mortgage and note, which would explain [plaintiff's] consumer rights,” id. 9; and that defendants “refused to…disclose that the loan obtained had an interest rate higher than stated,” id. 10. Plaintiff further alleges that he “never…gave the defendants a signed copy of the purported mortgage” despite what the city records purport to show. Id. 8. Plaintiff also alleges that defendants failed to disclose documents after his purported default. For example, plaintiff alleges that defendants did not deliver an “accounting to show where the amounts owed were derived from.” Id. 13. And plaintiff alleges that defendants never delivered any “acceleration statement” that would “accelerat[e] the purported loan.” Id. 14. On these allegations, plaintiff brings twenty-five causes of action. A first set of claims allege that defendants violated the Truth in Lending Act (“TILA”), 15 U.S.C. §1601, when defendants did not give various “mortgage documents” to plaintiffs, Compl.

16-19, including “proper notices,” id.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Legalweek(year) 2021

February 02, 2021 - July 14, 2021

Legalweek(year) will bring together thousands of legal professionals for a series of 5 innovative virtual legal events.


New York Legal Awards 2021

October 21, 2021
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


GlobeSt. NET LEASE Spring 2021

June 16, 2021 - June 17, 2021
New York City, NY

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Corporate Associate

New York, New York, United States

Prestigious mid-size NYC law firm seeks a highly motivated self-starter with four to six years' experience in general corporate, mergers and...

Apply Now ›

Litigation Associate

Warrington, Pennsylvania, United States

Fox Rothschild LLP has an opening in the Warrington (Bucks County), PA office for a Litigation Associate with 3 to 5 years of experienc...

Apply Now ›

Corporate Counsel with Remote Flex

Tampa, Florida, United States

An international sports company that holds events worldwide is seeking a corporate counsel with 5-9 years of sophisticated corporate transac...

Apply Now ›




View Announcement ›



GILL & CHAMAS Congratulations to our partner and friend,DAVID H. LANDE, ESQ on his appointment to Judge in the Division of Workers Compensation.

View Announcement ›



Please to announce that....

View Announcement ›