3:25-cv-00406•Dicent v. Land Home Financial Services, LLC et al
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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MARIAJACQUELINE DICENT : CIV. NO. 3:25-cv-00406 a/k/a MARIA J. DISEN a/k/a : MARIA JIMENEZ DISEN-COLON : (Judge Mariani) : Plaintiff, : (Magistrate Judge Schwab) : v. : : LAND HOME FINANCIAL : SERVICES, INC., et al., : : Defendants. : REPORT AND RECOMMENDATION I. Introduction. The plaintiff, MariaJacqueline Dicent (“Dicent”), also known as Maria J. Disen and Maria Jiminez Disen-Colon, proceeding pro se, raises claims under the Fair Debt Collection Practice Act (“FDCPA”), 15 U.S.C. § 1692, et seq., in addition to state law claims for “slander of title” and intentional infliction of emotional distress. The defendants move to dismiss Dicent’s complaint pursuant to Fed. R. Civ. P. 12(b)(6). After consideration, we recommend the court grant the pending motion to dismiss. We also recommend the court grant Dicent leave to amend her complaint. Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 1 of 25
2 II. Background and Procedural History. Dicent began this action by filing a complaint on March 5, 2025, against Land Home Financial Services, Inc. (“Land Home”) and Magerick, LLC (“Magerick”). Doc. 1. Dicent then filed a motion for leave to proceed in forma pauperis, which we later granted. Docs. 2, 5. On July 25, 2025, the defendants filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted. Doc. 18. And on August 1, 2025, Dicent timely filed a brief in opposition. Doc. 21. Dicent complains about the defendants’ actions in attempting to collect payments on her mortgage loan. But her complaint is confusing. It contains causes of action interspersed with factual allegations, which are not set forth chronologically, and attaches sixty pages of exhibits, many of which are duplicative. Additionally, the complaint is partially written in the format of a brief with a separate section titled “statement of issues” and a separate section titled “analysis,” which is a mix of allegations, legal arguments, and conclusions. Doc. 1 ¶¶ 5–13, 50–69. Although the complaint is difficult to understand, we attempt to summarize Dicent’s allegations and contentions below. Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 2 of 25
3 A. Mortgage History. Dicent purchased the property in question on June 23, 2000. Doc. 1 at 6. The first mortgage for the property was with GMAC Mortgage Corporation. Doc. 1 ¶ 14. On December 29, 2005, Dicent refinanced with Century 21 Mortgage (“Century 21”). Id. ¶ 15. Soon after, GMAC Mortgage Corporation was paid $18,307.07, and the assignment to Century 21 was recorded. Id. Although Dicent states that Century 21 sold the mortgage to JP Morgan Chase Mortgage, National Association (“JP Morgan Chase”) in or around 2007, id. ¶ 16, the complaint exhibits show the assignment occurred on September 26, 2012. Doc. 1-1 at 12–14. The assignment to JP Morgan Chase was recorded by the Monroe County Recorder of Deeds on October 12, 2012. Doc. 1-1 at 13. JP Morgan Chase sold its interest to Bayview Loan Servicing, LLC (“Bayview”) on February 15, 2019, the assignment for which was recorded on February 26, 2019. Doc. 1 ¶ 17. Bayview sold the mortgage to Nationstar Mortgage, LLC (“Nationstar”), also known as RightPath Servicing and Mr. Cooper, on either May 31 or June 1, 2022. Id. ¶ 18. The assignment to Nationstar was recorded on August 30, 2022. Id. On December 15, 2022, Dicent received a letter from Mr. Cooper stating that the right to collect payment for her mortgage had been transferred from Mr. Cooper to Land Home, effective January 4, 2023. Id. ¶ 27. In addition to this Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 3 of 25
4 letter, on an unspecified date, Dicent received a letter from Land Home dated December 15, 2022, titled “Notice of Sale of Ownership of Mortgage Loan.” Id. ¶ 28. The notice stated that the original loan of $39,000 was “sold to the new creditor on November 18, 2022,” which Dicent alleges caused her to believe that Land Home was the new owner of the loan. Id. (internal quotations omitted). But, Dicent also alleges there is no assignment recorded for Land Home. Doc. 1 ¶ 19. Rather, Nationstar sold the mortgage to Magerick on March 10, 2023, the assignment for which was recorded on the same day. See id. ¶ 20; doc. 1-1 at 19, 22. Dicent alleges that she first learned of the assignment to Magerick in or around November 2024, when she requested a copy of the mortgage lien history for her property. Doc. 1 ¶ 20. Dicent alleges that Land Home’s notice of December 15, 2022, indicated that it was the new owner of the loan, and that its failure to inform her of Magerick’s involvement constitutes “fraud and civil tort[s].” Id. B. Name, Address, and Balance Confusion. In addition to the confusion surrounding who owns the mortgage, Dicent alleges that there was unlawful confusion pertaining to her name, street address, and the outstanding balances for her property. Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 4 of 25
5 When Dicent purchased the property, the deed listed her name as Maria Jimenez Disen-Colon. Id. at 6. Her “complete first name is MariaJacqueline, Jimenez is [her] father’s last name, Disen was a typographical error from [her] mother’s last name Dicent, and Colon was [her] ex-husband’s last name.” Id. On January 26, 2023, Dicent emailed copies of her identification to Land Home and requested that her name be updated to MariaJacqueline Dicent. Id. ¶ 32. Land Home confirmed receipt of the documents by email, but did not update Dicent’s name; for this reason, Dicent alleges that Land Home “continued to create confusion on purpose.” Id. As for the address, Dicent alleges that Magerick recorded her address incorrectly, but that Land Home knew of and frequently used her correct address when sending her correspondence.1 Specifically, Dicent alleges that when the mortgage assignment to Magerick was recorded, Magerick used the incorrect address of 2149 Titania Street rather than 2149 Titania Road. Id. ¶ 26 (emphasis added). Despite this, Land Home used the correct address of 2149 Titania Road when sending her correspondence. Id. Thus, Dicent claims, Land Home and 1 Dicent’s address was known as 1519 Titania Road until approximately January 1, 2012. Doc. 1 at 1. After that date, the address became known as 2149 Titania Road. Id. The complaint exhibits demonstrate that Monroe County and Coolbaugh Township engaged in an “addressing project” during which they altered the street number of Dicent’s address. Doc. 1-1 at 55–58. Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 5 of 25
6 Magerick “were manipulating everything with a process that was conducted in malice.” Id. Dicent alleges that the defendants further confused her by sending correspondence and documents with conflicting balances. Dicent alleges that Land Home’s December 15, 2022, notice indicated an original loan amount of $39,000 and did not indicate any escrow balance. See id. ¶ 28; doc. 1-1 at 27. “Consequently,” Dicent alleges, “[she] started paying the taxes and insurance as requested by Land Home.” Doc. 1 ¶ 29. And on January 11, 2023, Dicent received an account disclosure statement from RightPath also indicating the escrow balance was zero. Id. On January 19, 2023, Dicent received an email from Land Home requesting information for a loan modification. Id. ¶ 30. Dicent alleges that she was given conflicting information about the amount owed over the phone, but that she emailed the requested documents to Land Home on January 20, 2023. Id. ¶ 30– 31. In a Land Home mortgage statement dated March 20, 2023, the outstanding balance was $31,334.25 and the escrow balance was zero. Id. ¶¶ 33–34. Dicent alleges this outstanding balance conflicted with the $39,000 balanced listed on the notice of December 15, 2022. Id. Although Dicent does not specify the dates, she alleges that “[t]he following mortgage statements changed [the balance owed to $]40,044.15 without any explanation.” Id. ¶ 33. The statements also listed an Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 6 of 25
7 unapplied partial payment of $21.88 “under the category of past payment breakdown,” which Dicent alleges neither Land Home nor Magerick ever explained or applied to the balance. Id. The mortgage statement from July 19, 2023, listed the amount due as $20,457.79 and the escrow balance as negative $12,073.94. Id. ¶ 35. Dicent received an additional mortgage statement dated July 19, 2024, which she alleges contained “false and misleading information.” Id. ¶ 42. These conflicting balances, Dicent alleges, “were created and recreated without any debt validation and to confuse [her].” Id. ¶ 38. Dicent also alleges that the conflicting balances were “false and misleading information” that inflicted emotional distress on her. Id. ¶ 42. C. Loan Delinquency. Dicent alleges that on June 19, 2024, she noticed that one of the mortgage statements contained inaccurate information regarding delinquency of the loan. Id. ¶ 38. Specifically, the mortgage statement indicated that the loan became delinquent as of November 1, 2018, and that the “first notice of filing required to start foreclosure was completed on October 17, 2019.” Id. Dicent also alleges that she was on an unemployment forbearance plan with JP Morgan Chase from July 1, 2018, to January 1, 2019, which, she appears to suggest, protects her from Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 7 of 25
8 delinquency stemming from that time period. See id. Dicent alleges that since Land Home only purchased the mortgage in 2022, this “information is false and misleading.” Id. D. Debt Validation and Communication Issues. Dicent alleges that she made multiple requests to Land Home for a validation of the debt and never received one. Doc. 1 ¶¶ 31, 39. Specifically, Dicent requested a debt validation on January 20, 2023, and June 27, 2024. Id. ¶¶ 31, 39. In addition, Dicent alleges that there were several instances where Land Home either failed to respond to her communications or refused to communicate with her. In particular, on May 9, 2023, Land Home denied Dicent’s requested mortgage modification, “stating that the ‘investor’ had not given [Land Home] contractual agreement to modify the loan.” Id. ¶ 37. In response, Dicent alleges that she requested the identification of the investor, but that Land Home “did not want to disclose” the identity. Id. On June 27, 2024, Dicent “initially informed Land Home . . . of a mortgage payment totaling $5,530.00 that was omitted or stolen.” Id. ¶ 39. And on July 1, 2024, Dicent sent an email to Land Home regarding the conflicting balances discussed above. Id. ¶ 40. Dicent alleges that “they would not speak with [her] Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 8 of 25
9 about the debt.” Id. Instead, Land Home representatives asked that Dicent communicate with Roger Fay, an attorney. Id. Dicent alleges that when she attempted to do so, the “office was permanently closed, and the phone number was disconnected.” Id. Dicent further alleges that Land Home not only refused to give her another phone number to contact, but that it blocked her phone number. Id. E. Failed House Listing. Dicent alleges that on an unspecified date, she listed her house for sale and that offers were submitted. Id. ¶ 41. Soon after, Dicent received a payoff letter which listed a payoff figure of $74,598.91. Id. Dicent alleges that the payoff letter included amounts never discussed with her, particularly a corporate advance of $4,185.70 that she never received. Id. Dicent alleges that she lost the opportunity to sell her house because of the confusion clouding the title to her property. Id. She further alleges that the “breakdown is crooked, distorted, cooked, manipulated, just like the entire process,” and argues that this constitutes a violation of the FDCPA and “slander of title.” Id. ¶¶ 41, 45. F. “False” Liens and Bankruptcy Status. Dicent alleges that Magerick falsely recorded a mortgage lien. Id. ¶ 45. Although unclear, Dicent appears to state that Magerick’s lien is “false” because Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 9 of 25
10 she filed for bankruptcy on July 22, 2024. Id. ¶ 47. Dicent also alleges that Land Home falsely indicated in its correspondence that it had recorded a lien. Id. ¶ 45. In addition, Dicent alleges that Land Home “threatened to take ‘action’ against the property” on January 7, 2025, by challenging the lien in the bankruptcy court. Id. ¶ 55. Dicent alleges that Land Home “legally cannot do so” because it does not have a recorded lien for the property. Id. Finally, Dicent alleges that her debt for the property was discharged by the bankruptcy court on October 4, 2024, which, she suggests, prevents the defendants from future collection efforts. Id. ¶ 55. G. Claims & Jurisdiction. Dicent brings federal claims under the FDCPA as well as state law claims for “slander of title” and intentional infliction of emotional distress. Dicent specifically cites to Section 1692e of the FDCPA, pertaining to false and misleading information, which would fall within the court’s federal question jurisdiction under 28 U.S.C. § 1331. Dicent’s state law claims would fall within the court’s supplemental jurisdiction, which we discuss below in further detail. III. Motion to Dismiss Standards. In accordance with Fed. R. Civ. P. 12(b)(6), the court may dismiss a complaint for “failure to state a claim upon which relief can be granted.” When Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 10 of 25
11 reviewing a motion to dismiss under Rule 12(b)(6), “[w]e must accept all factual allegations in the complaint as true, construe the complaint in the light favorable to the plaintiff, and ultimately determine whether plaintiff may be entitled to relief under any reasonable reading of the complaint.” Mayer v. Belichick, 605 F.3d 223, 229 (3d Cir. 2010). In making that determination, we “consider only the complaint, exhibits attached to the complaint, matters of public record, as well as undisputedly authentic documents if the [plaintiff’s] claims are based upon these documents.” Id. at 230. “A Rule 12(b)(6) motion tests the sufficiency of the complaint against the pleading requirements of Rule 8(a).” I.H. ex rel. D.S. v. Cumberland Valley Sch. Dist., 842 F. Supp. 2d 762, 769–70 (M.D. Pa. Feb. 8, 2012). “Under Federal Rule of Civil Procedure 8(a)(2), a pleading must contain a ‘short and plain statement of the claim showing that the pleader is entitled to relief.’” Ashcroft v. Iqbal, 556 U.S. 662, 677–78 (2009) (quoting Fed. R. Civ. P. 8(a)(2)). The statement required by Rule 8(a)(2) must give the defendant fair notice of the nature of the plaintiff’s claim and of the grounds upon which the claim rests. Erickson v. Pardus, 551 U.S. 89, 93 (2007). Detailed factual allegations are not required, but more is required than “labels,” “conclusions,” or “a formulaic recitation of the elements of a cause of action.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). “In other words, a complaint must do more than allege the plaintiff’s entitlement to relief.” Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 11 of 25
12 Fowler v. UPMC Shadyside, 578 F.3d 203, 211 (3d Cir. 2009). “A complaint has to ‘show’ such an entitlement with its facts.” Id. In considering whether a complaint fails to state a claim upon which relief can be granted, the court “‘must accept all facts alleged in the complaint as true and construe the complaint in the light most favorable to the nonmoving party.’” Krieger v. Bank of Am., N.A., 890 F.3d 429, 437 (3d Cir. 2018) (quoting Flora v. Cty. of Luzerne, 776 F.3d 169, 175 (3d Cir. 2015)). But a court “need not credit a complaint’s bald assertions or legal conclusions when deciding a motion to dismiss.” Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir. 1997). A court also need not “assume that a . . . plaintiff can prove facts that the . . . plaintiff has not alleged.” Associated Gen. Contractors of Cal. v. California State Council of Carpenters, 459 U.S. 519, 526 (1983). Following Twombly and Iqbal, a well-pleaded complaint must contain more than mere legal labels and conclusions. Rather, it must recite factual allegations sufficient to raise the plaintiff’s claimed right to relief beyond the level of mere speculation. In practice, consideration of the legal sufficiency of a complaint entails a three-step analysis: First, the court must “tak[e] note of the elements a plaintiff must plead to state a claim.” Second, the court should identify allegations that, “because they are no more than conclusions, are not entitled to the assumption of truth.” Finally, “where there are well-pleaded factual allegations, a court should Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 12 of 25
13 assume their veracity and then determine whether they plausibly give rise to an entitlement for relief.” Santiago v. Warminster Twp., 629 F.3d 121, 130 (3d Cir. 2010) (footnote and citations omitted) (quoting Iqbal, 556 U.S. at 675, 679). In sum, “[w]e accept as true all factual matters [the plaintiff] alleges, but his complaint cannot survive unless the facts it recites are enough to state plausible grounds for relief.” Beasley v. Howard, 14 F.4th 226, 231 (3d Cir. 2021) (citing Iqbal, 556 U.S. at 678). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678. But “[a] claim that relies just on ‘conclusory statements,’ or on ‘threadbare recitals of the elements of a cause of action’ without supporting factual allegations, does not establish plausible grounds for relief.” Beasley, 14 F.4th at 231 (quoting Fischbein v. Olson Rsch. Grp., Inc., 959 F.3d 559, 561 (3d Cir. 2020)). A complaint filed by a pro se litigant is to be liberally construed and “‘however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers.’” Erickson, 551 U.S. at 94 (quoting Estelle v. Gamble, 429 U.S. 97, 106 (1976)). “Notwithstanding the rule of liberal construction, a pro se complaint may not survive dismissal if its factual allegations do not meet Iqbal’s basic plausibility standard.” Beasley, 14 F.4th at 231. Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 13 of 25
14 IV. Discussion. The defendants contend that the complaint fails to state a FDCPA claim upon which relief can be granted for two reasons. The first, and main reason, is that the complaint fails to demonstrate that they are debt collectors, and, therefore, the FDCPA does not apply to them. Doc. 19 at 4. In addition, the defendants argue that Dicent’s allegation that the lien is “fake” is meritless. Id. at 5. In her brief in opposition, Dicent does not respond to the defendants’ argument regarding their debt collector status; rather, she only addresses their argument regarding the lien. See doc. 21. Because we conclude the complaint fails to state a FDCPA claim upon which relief can be granted, we do not address the merits of Dicent’s state law claims. A. FDCPA Claims. “The FDCPA is a consumer protection statute that prohibits certain abusive, deceptive, and unfair debt collection practices.” Marx v. Gen. Revenue Corp., 568 U.S. 371, 374 n.1 (2013). It “authorizes any aggrieved person to recover damages from ‘any debt collector who fails to comply with any provision’ of the FDCPA.” Id. (quoting 15 U.S.C. § 1692k(a)). To state a claim under the FDCPA upon which relief can be granted, a plaintiff must allege facts from which it can be reasonably inferred that: “(1) she is a consumer, (2) the defendant is a debt collector, (3) the Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 14 of 25
15 defendant’s challenged practice involves an attempt to collect a ‘debt’ as the Act defines it, and (4) the defendant has violated a provision of the FDCPA in attempting to collect the debt.” Moyer v. Patenaude & Felix, A.P.C., 991 F.3d 466, 470 (3d Cir. 2021) (quoting Jenson v. Pressler & Pressler, 791 F.3d 413, 417 (3d Cir. 2015) (internal quotations omitted)). The Third Circuit has long acknowledged that the FDCPA “generally only appl[ies] to ‘debt collectors.’” Pollice v. National Tax Funding, 225 F.3d 379, 403 (3d Cir. 2000). But “an entity may satisfy the statutory definition of ‘creditor’ and yet be a ‘debt collector.’” Tepper v. Amos Fin., LLC, 898 F.3d 364, 371 (3d Cir. 2018). Under the FDCPA, “[a] ‘creditor’ is any person: (1) ‘who offers or extends credit creating a debt’ or (2) ‘to whom a debt is owed.’” Id. at 366 (quoting 15 U.S.C. § 1692a(4)). And a “debt collector” is defined as: [A]ny person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of [§1692f(6)], such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 15 of 25
16 15 U.S.C. § 1692a(6). The statute also provides a number of exclusions: The term [“debt collector”] does not include— (A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor; (B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts; (C) any person or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties; (D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt; (E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and (F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extend such activity (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement; (ii) concerns a debt which was originated by such person; (iii) concerns a debt which was not in default at the time it was obtained by such person; or (iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. 15 U.S.C. §§ 1692a(6)(A)–(F). Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 16 of 25
17 As the statutory language quoted above shows, the primary definition of “debt collector” provides two main paths to establish whether an entity is a “debt collector”: the principal purpose approach and the regularly collects approach. Barbato v. Gresystone Alliance, LLC, 916 F.3d 260, 265 (3d Cir. 2019) (quoting 15 U.S.C. § 1692a(6)). Although the Supreme Court has not yet addressed the scope of the principal purpose definition, see Henson v. Santander Consumer USA Inc., 582 U.S. 79, 82 (2017), the Third Circuit has adopted a rather broad interpretation, see Campbell v. LVNV Funding, LLC, 2022 WL 6172286, at *12 (E.D. Pa. Oct. 7, 2022) (citing Barbato, 916 F.3d at 267). Under this definition, “an entity whose principal purpose of business is the collection of any debts is a debt collector regardless whether the entity owns the debt it collects.” Tepper, 898 F.3d at 371 (emphasis added). So long as “a business’s raison d’être is obtaining payment on the debts that it acquires, it is a debt collector. Who actually obtains the payment or how they do so is of no moment.” Barbato, 916 F.3d at 266. In other words, if an entity’s business is primarily debt collection, either on its own behalf or that of another entity, it is a “debt collector” under this approach, even if it hires another company to actually collect on its behalf. Id. at 268. On the other hand, the Supreme Court has interpreted the regularly collects approach. See Henson, 582 U.S. at 83, 88. Under this definition, the statutory Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 17 of 25
18 language focuses on “third party collection agents working for a debt owner—not on a debt owner seeking to collect debts for itself.” Id. at 83. In other words, only “an entity that . . . regularly collects debts due a third party” is considered a “debt collector.” Tepper, 898 F.3d at 370 (citing Henson, 582 U.S. at 83). The Supreme Court has held that it is “irrelevant whether the debt acquired and sought to be collected was in default . . . ‘[a]ll that matters is whether the target of the lawsuit regularly seeks to collect debts for its own account or does so for another.’” Barbato, 916 F.3d at 263 (quoting Henson, 582 U.S. at 83 (internal quotations omitted)).2 Even if an entity meets one or both of the main statutory definitions of a “debt collector,” there are several exceptions which may exclude it from the definition of a “debt collector” under the FDCPA. See § 1692a(6). The exceptions include, in relevant part: [A] creditor’s officers and employees collecting debts for the creditor, a company collecting debts only for its non-debt- collector sister company, an entity collecting a debt it originated, and one collecting a debt it obtained that was not in default at the time of purchase. Tepper, 898 F.3d at 366 (citing §§ 1692a(6)(A), (B), (F)). Thus, if an entity is both a “debt collector” and “creditor” under the FDCPA, and its own officers and 2 Because Dicent does not cite Section 1692f in her complaint, we do not address the “debt collector” definition applicable to that section and pertaining to the enforcement of security interests. Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 18 of 25
19 employees are the ones collecting the debts, it is not a “debt collector” for purposes of the FDCPA. Similarly, if an entity strictly collects debts on behalf of its sister company, or if it is the original creditor who originated the debt, it also is not a “debt collector.” And if the entity is attempting to collect on a debt that it purchased, which was not in default at the time it was acquired, it also is not a “debt collector.” But, as set forth above, notwithstanding these exceptions, a creditor who uses or operates under another name—such that it appears a third party is the one collecting or attempting to collect a debt—is a “debt collector” under the FDCPA. 15 U.S.C. § 1692a(6). Here, accepting the factual allegations as true and construed in the light most favorable to Dicent, as we are required to do at this juncture, the complaint lacks factual allegations from which we can infer that the defendants qualify as “debt collectors” under the FDCPA. With regard to Land Home, Dicent does not allege facts indicating that its principal purpose of business is the collection of debts, or that it regularly attempts to collect debts owed to another entity. Rather, although Dicent alleges that Land Home attempted to collect mortgage payments from her on several occasions by mailing her mortgage statements, and that it acted or failed to act in other regards, she does not address Land Home’s principal or regular business practices. Dicent’s allegations pertaining to collection efforts for her mortgage alone are Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 19 of 25
20 insufficient. See Raciti v. Rushmore Loan Mgmt. Servs., LLC, 2020 WL 13816459, at *10 (D.N.J. May 7, 2020) (finding that plaintiff’s allegations of defendant’s debt collection activities with respect to plaintiff was “plainly insufficient” to support an inference that the defendants engaged in regular debt collection practices). Moreover, Dicent does not clearly allege that Land Home used another name when attempting to collect the debt such that it appeared to be a third party. As written, the complaint fails to indicate that Land Home is a “debt collector” under the FDCPA. As for Magerick, the factual allegations in the complaint are even more sparse. The complaint is silent as to whether the principal purpose of Magerick’s business is the collection of debts or whether it regularly attempts to collect debts owed to another entity. And there are no allegations that Magerick used another name such that it would indicate a third party was attempting to collect the debt. In fact, the allegations pertaining to Magerick revolve around the fact that Dicent “ha[s] no clue who Magerick, LLC is,” even though it is the recorded lien holder of her mortgage. Doc. 1 ¶ 20. We therefore conclude the complaint fails to plausibly allege that Magerick is a “debt collector” within the meaning of the FDCPA. Because we find that Dicent’s complaint fails to demonstrate that the defendants meet the statutory definition of “debt collectors,” we conclude that the Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 20 of 25
21 complaint fails to state a FDCPA claim upon which relief can be granted.3 Thus, we recommend that the court dismiss the complaint. But, as set forth below, we recommend that the court give Dicent leave to amend. B. State Law Claims. In addition to federal claims under the FDCPA, Dicent asserts state law claims for “slander of title” and intentional infliction of emotional distress. Such claims would fall within the court’s supplemental jurisdiction.4 Whether to exercise supplemental jurisdiction is within the discretion of the court. 28 U.S.C. § 1367(c)(3) provides that district courts may decline to exercise supplemental jurisdiction over a state law claim if the district court has dismissed all claims over which it has original jurisdiction. When deciding whether to exercise supplemental jurisdiction, “a federal court should consider and weigh in 3 Because Dicent’s complaint fails to show that the defendants are debt collectors, we need not address Dicent’s contention that the lien is “false.” We note that in a similar complaint she filed against another entity, Dicent also claimed that the lien on her property was “fake” due to a bankruptcy discharge. See Dicent v. Boncidium, LLC, No. 3:25-cv-0732 (M.D. Pa. May 7, 2025), ECF No. 4 at 8. As Chief Magistrate Judge Bloom indicated in his Report and Recommendation, a bankruptcy discharge may relieve the individual debtor of liability, but it does not prevent a mortgage holder from “enforcing its mortgage lien through foreclosure.” Id. (quoting Tabb v. Ocwen Loan Servicing, LLC, 798 F. App’x 726, 728 n.1 (3d Cir. 2020) (non-precedential)). 4 We note that Dicent does not allege that the court has diversity jurisdiction under 28 U.S.C. § 1332. Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 21 of 25
22 each case, and at every stage of the litigation, the values of judicial economy, convenience, fairness, and comity.” City of Chicago v. Int’l Coll. of Surgeons, 522 U.S. 156, 173 (1997) (quoting Carnegie-Mellon Univ. v. Cahill, 484 U.S. 343, 350 (1988)). The Third Circuit has held that “where the claim over which the district court has original jurisdiction is dismissed before trial, the district court must decline to decide the pendent state claims unless considerations of judicial economy, convenience, and fairness to the parties provide an affirmative justification for doing so.” Hedges v. Musco, 204 F.3d 109, 123 (3d Cir. 2000) (quoting Borough of West Miflin v. Lancaster, 45 F.3d 780, 788 (3d Cir. 1995)). There is nothing unique about this case such that considerations of judicial economy, convenience, and fairness provide an affirmative justification for exercising supplemental jurisdiction over Dicent’s state law claims. Accordingly, because we conclude that the complaint fails to state any federal claims upon which relief can be granted, the court should decline to exercise supplemental jurisdiction over Dicent’s state law claims. V. Leave to Amend. Before dismissing a complaint for failure to state a claim upon which relief may be granted, a court must grant the plaintiff leave to amend, unless amendment would be inequitable or futile. See Phillips v. Allegheny Cnty., 515 F.3d 224, 245 Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 22 of 25
23 (3d Cir. 2008) (citing Grayson v. Mayview State Hospital, 293 F.3d 103, 114 (3d Cir. 2002)). Here, because of the liberal amendment standard, we recommend granting Dicent an opportunity to file an amended complaint to address the deficiencies with the dismissed claims. If Dicent decides to file an amended complaint, we note that any such amended complaint must be titled as an amended complaint and must contain the docket number of this case. Fed. R. Civ. P. 10(a). “The plaintiff is advised that any amended complaint must be complete in all respects.” Young v. Keohane, 809 F. Supp. 1185, 1198 (M.D. Pa. Nov. 13, 1992). “It must be a new pleading which stands by itself as an adequate complaint without reference to the complaint already filed.” Id. “In general, an amended pleading supersedes the original pleading and renders the original pleading a nullity.” Garrett v. Wexford Health, 938 F.3d 69, 82 (3d Cir. 2019). “Thus, the most recently filed amended complaint becomes the operative pleading.” Id. In other words, if an amended complaint is filed, the original complaint will have no role in the future litigation of this case. Any amended complaint must also comply with the pleading requirements of the Federal Rules of Civil Procedure, including the requirements that the complaint contain “a short and plain statement of the grounds for the court’s jurisdiction,” “a short and plain statement of the claim,” and “a demand for the relief sought.” Fed. R. Civ. P. 8(a)(1)–(3). Further, “[e]ach allegation must be Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 23 of 25
24 simple, concise, and direct.” Fed. R. Civ. P. 8(d)(1). “A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances.” Fed. R. Civ. P. 10(b). And to the extent it would promote clarity to do so, “each claim founded on a separate transaction or occurrence . . . must be stated in a separate count.” Id. Further, as set forth above, as to her FDCPA claims, Dicent must allege facts that plausibly show that the defendants are debt collectors. Also, Dicent must clearly allege what acts each defendant took that allegedly violated the FDCPA. VI. Recommendation. For the foregoing reasons, we recommend that the court grant the defendants’ motion to dismiss (doc. 18) and dismiss Dicent’s complaint with leave to amend. The parties are further placed on notice that pursuant to Local Rule 72.3: Any party may object to a magistrate judge’s proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. § 636 (b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within fourteen (14) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 24 of 25
25 objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions. Submitted this 20th day of November 2025. S/Susan E. Schwab Susan E. Schwab United States Magistrate Judge Case 3:25-cv-00406-RDM Document 24 Filed 11/20/25 Page 25 of 25
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