Tammy Godman v. Pennymac Loan Services, LLC, et al.

Summary

A magistrate judge recommends dismissing Tammy Godman’s federal action against Pennymac Loan Services and related entities for lack of subject-matter jurisdiction under the Rooker-Feldman doctrine. The report concludes that Godman’s RESPA and due process claims challenge a prior state-court foreclosure judgment and recommends denying her motions for a temporary restraining order and preliminary injunction as moot.

Holdings

1. The complaint is barred by the Rooker-Feldman doctrine because it was brought by a state-court loser, complained of injuries caused by a state-court foreclosure judgment entered before the federal action, and invited the federal court to review, nullify, or prevent enforcement of that judgment.
2. The conclusory RESPA claim remained within the reach of Rooker-Feldman because Godman alleged that the accounting failure should prevent enforcement of the foreclosure judgment and did not show that the argument could not have been made in state court.
3. The due process claim was frivolous because the private mortgage defendants were not state actors.

Questions Presented

1. Whether the federal district court had subject-matter jurisdiction over claims seeking to invalidate or prevent enforcement of a state-court foreclosure judgment.
2. Whether Godman's conclusory RESPA accounting claim escaped the Rooker-Feldman doctrine.
3. Whether Godman's due process claim stated a viable constitutional claim against private mortgage-related defendants.

Disposition

dismissed