1:25-cv-11206•Payne-Joseph v. Rocket Mortgage, LLC et al
Gesamter Gesetzestext
United States District Court
District of Massachusetts
Cheryl Payne-Joseph ,
Plaintiff,
V. Civil Action No .
25-11206 - NMG
Rocket Mortgage, LLC, et al.,
Defendant.
MEMORANDUM & ORDER
GORTON, J .
This case arises from t h e alleged misconduct of de fe ndan ts
Rocket Mor t gage , LLC , Quicken Loans , L LC , Quicken Loans , LP and
Selene Finance LP (collectively , " defendants " ) in executing a
statutory power of sale on a property located at 165 Chr i st ina
Street in Newton , Massachusetts (" the Property " ) . The Property
i s owne d by prose plaint iff , Cheryl Payne-Joseph (" Payne -
Joseph " or " p laintiff " ) , who alleges t hat , inter alia ,
defendants forged her signature on mortgage transfer documents
and improperly solicited third parties to purchase the Pro p erty
without her consent .
Payne - Joseph filed a motion f or temporary restraining order
and preliminary injunction in the Massachusetts Land Court
Department of the Trial Court . After defendants timely re moved
- 1 -
Case 1:25-cv-11206-NMG Document 36 Filed 11/12/25 Page 1 of 6the case to this Court , sh e filed a series of mot io ns seek ing emergency relief and ex ped ite d review of her case . Defendan.s thereaf ter moved to dismiss the action in its entirety . I. Background Payne - Joseph filed her original complaint in Massachuse tts Land Court in April , 2025 . That pleading , which included several emergency motions , alleges that : 1 ) the deed or title to the proper ty was never pr operly delivered to Payne - Joseph ; 2) her mortgage payments ar e be ing held in the form of performance bonds , an arrangemen t to which plaintiff did not consent ; 3) s he was denied her right to explore a lt ernative so lution s to fo reclosure , as protected under the Home Affordab le Modification Program , Americans with Di sab ilities Act and the Fair Lend i ng Act ; 4) defendants d id not co mp ly with their obligations under the Debt Sett le ment Agreement to pr ovi de proof of the debt , verificati on of the claim and a sign ed copy of the b i nding contract ; 5) Rocket Mortgage fraudulently transferred the mortgage to Selene Fi nance , LP without Payne-Joseph ' s consent and forged her signature on the related documents ; - 2 - Case 1:25-cv-11206-NMG Document 36 Filed 11/12/25 Page 2 of 6
6) defendants petition for foreclosure under a statutory power of sale document that was not s i gned by p l a i nt if f ; and 7) defendants have failed to validate her debt properly . Payne - Joseph provides sparse factual allegations to support her claims . In May , 2025 , defendants filed a Notice of Removal to this Court based on federal question jurisdiction over plaintiff ' s claims pursuant to the Federal Debt Collection Procedures Act , 15 U. S . C . §1692 , and the Identity Theft and Assumption Deterrence Act , 18 U. S . C . §1028 . Several days later , plaintiff filed motions 1) for a temporary restraining order and preliminary injunction , 2) for a protective order , 3) to " Preemptively Oppose Defense Tactics and to Enforce Emergency Relief ," 4) for an expedited trial and hearing and 5) to waive filing fees . Several weeks later , Defendan.s filed oppos i tions to the plaintiff ' s motions as well as ·ts own motion to d i smiss . II. Discussion Any civil action brought in state court , over which federa l courts have original jurisdiction , may be removed to federal District Court by defendants pursuant to 28 U. S . C . §§1441 and 1446 . The District Court must consider the issue of subject- matter jurisdiction regardless of whether the issue has been raised , or is stipulated to , by the parties . Am . Policyholders - 3- Case 1:25-cv-11206-NMG Document 36 Filed 11/12/25 Page 3 of 6
Ins . Co . v . Nyacol Prods ., Inc ., 989 F . 2d 1256 , 12513 - 59 ( 1st Ci r . 1993 ) . The Court may not exerc i se subj e ct - ma t ter jurisdiction in the absence of constitutional standing . United Seniors Ass ' n , Inc . v . Philip Morris USA , 500 F . 3d 19 , 23 (1st Cir . 200 7 ) . If the Court finds that the plaintiff in a removed action lacks standing , it must remand the case to state court . Plazzi v . FedEx Ground Package Sys ., Inc ., 52 F . 4th 1 , 7 (1st Cir . 2022) ; 28 U. S . C . §1447 . Constitutional standing under Artic l e II I o f the Un i ted Stat e s Constitut i on restricts federal courts to reviewing on l y cases and controversies . U. S . Const . art . III , § 2 , cl . 1 . Standing requires a cognizable injury that is concrete and particularized . Lujan v . Defenders of Wildlife , 504 U. S . 555 , 560 (1992) . Where injury and cause are not obvious , the plaintiff must plead that injury with specificity . Adams v . Watson , 10 F . 3d 915 , 922 (1st Cir . 1993) . The harm mus t be actua l or i mminent rather than merely speculative . Katz v . Pershing , LLC , 672 F . 3d 64 , 71 (1st Cir . 2012) In the present case , the plaintiff ' s complaint does not allege any specific or particularized harm . Payne - Jospeh alleges that she has suffered serious harm , including damage to her credit , emotional distress and the unauthorized use of her personal information , [that her property is] threatened by [the] illegal foreclosure actions [and that exposure -4- Case 1:25-cv-11206-NMG Document 36 Filed 11/12/25 Page 4 of 6
of the act i ons has led to] i d e nt it y th e t and t he p ote n ti a l so li c it a t ion of t h e Pl a i n tiff ' s p rop ert y b y th ird par t ies wit h o ut he r c o nsen t . Without factual allegations to support the existence of such injur i es , it cannot be shown how they were caused by defendant ' s act ion s and ar e not pled wi th the required specificity . Plaintiff ' s claims are insufficient to establish an injury t ha t is concrete and particularized as is required by constitutiona l s t a nd i ng . Furth e rmor e , an y cogni z ab l e c l a i ms o f i n j ury r e late d to a f or e c l osur e sa l e are not actual or imminent . Plainti f f has no t a lle g e d that a f oreclosure sale has occurred or is impend i ng , and , i ndeed , defendants contend that no foreclosure sale has be e n scheduled . Any perceived harm stemming from a theoretica l sa l e does not meet the imminence requirement and cannot pro v ide a basis for constitutiona l standing . - 5- Case 1:25-cv-11206-NMG Document 36 Filed 11/12/25 Page 5 of 6
ORDER For the forgoing reasons the action shall be REMANDED to state court for further pr oceedings . So ordered. Senior United States District Judge Dated : November /] , 2025 - 6- Case 1:25-cv-11206-NMG Document 36 Filed 11/12/25 Page 6 of 6
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