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Mata v. Wells Fargo Bank, N.A.

United States District Court, W.D. Texas, Austin Division

May 21, 2018

MARIO A. MATA and LILY C. MATA Plaintiffs,
v.
WELLS FARGO BANK, N.A. as Trustee for SABR Trust 2004-OPI, Mortgate Pass-Through Certificates, Series 2004-OPI, Defendant.

          ORDER

          SAM SPARKS SENIOR UNITED STATES DISTRICT JUDGE

         BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically Defendant Wells Fargo Bank, N.A., as Trustee for SABR Trust 2004-OPI, Mortgage Pass-Through Certificates, Series 2004-OPI (Wells Fargo)'s Motion to Dismiss [#3]. Plaintiffs Mario A. Mata and Lily C. Mata (the Matas) filed no response. Having reviewed the document, the governing law, and the file as a whole, the Court now enters the following opinion and order GRANTING the motion.

         Background

         This is a wrongful foreclosure lawsuit relating to real property located at 2804 Hubbard Circle, Austin Texas (the Property).

         As recited by this Court in prior lawsuit, on December 3, 2003, Mr. Mata executed a home equity note in the principal amount of $380, 000. Removal Notice [#1-1] Ex. A (Pet.) ¶ 8; see also Wells Fargo Bank v. Mata, A-14-CA-00909-SS, 2016 WL 7616627, at *1 (W.D. Tex. Oct. 12, 2016). The Note was secured by a Deed of Trust (Security Instrument) on the Property (collectively, Loan Agreement). Pet. ¶ 9. Wells Fargo is the current holder of the Note and Security Instrument. Id. Mr. Mata defaulted in 2009. Id.

         On October 1, 2014, Wells Fargo filed a foreclosure proceeding in this Court, which found Wells Fargo entitled to summary judgment (Lawsuit I). See Pet. ¶ 10; see also Wells Fargo Bank, 2016 WL 7616627. In particular, this Court held:

[Wells Fargo] properly notified [the Matas] of their default and its intent to accelerate. Since then, [the Matas] have failed to cure their default and have offered no valid defense to this judicial foreclosure action. Instead, they have lived rent free for almost eight years. Based on the foregoing, the Court finds [Wells Fargo] is entitled to judicial foreclosure and sale of the Property as a matter of law.

Wells Fargo Bank, 2016 WL 7616627, at *5. This Court entered a judgment that Wells Fargo was permitted to foreclose on the Property. The Matas appealed.

         The Fifth Circuit affirmed this Court's summary judgment decision on a single issue-Wells Fargo's right to foreclosure was not barred by statute of limitations-but noted this Court's finding "Wells Fargo did in fact have the right to foreclose and that none of the Matas' objections are valid" "was carefully reasoned-----" Wells Fargo Bank, Nat'l Ass 'nfor SABR Tr. 2004-OPI, Mortgage Pass-Through Certificates, Series 2004-OPI v. Mata, 694 Fed.Appx. 336, 337 (5th Cir. 2017).

         On September 7, 2017, Select Portfolio Servicing, Inc., acting as the servicer of the Matas' loan, notified Mr. Mata that the Property would be scheduled for a November 7, 2017 sale. Pet. ¶ 12. On October 4, 2017, Wells Fargo, through its foreclosure counsel, noticed the Property for a foreclosure sale to take place on November 7, 2017, and provided a Notice of Posting and Sale to each of the Matas. See Pet. Ex. D, E (Notices).

         On the morning of November 7, 2017, the Matas filed a lawsuit in state court to enjoin the foreclosure sale (Lawsuit II). See Mata v. Wells Fargo Bank, No. 1:17-cv-1094-SS (W.D. Tex. Dec. 17, 2017). The foreclosure sale proceeded as scheduled. Mot. Dismiss [#3-2] Ex. B (Foreclosure Sale Deed). The Matas nonsuited Lawsuit II almost simultaneously with Wells Fargo's removal of the suit to this Court. See Mot. Dismiss, Mata, No. 1:17-cv-1094-SS. This Court therefore dismissed Lawsuit II. See Order of Dec. 14, 2017, Mata, No. 1:17-cv-1094-SS.

         On April 20, 2018, the Matas filed the present lawsuit in state court, alleging Ms. Mata did not receive a notice of default and an opportunity to cure that default prior to receiving notice of a foreclosure sale set for November 7, 2017 (Lawsuit III). Pet ¶¶ 7, 10, 12. The Matas seek (1) a temporary restraining order enjoining Wells Fargo from selling, taking possession of, or disturbing the Matas' possession of the Property during this suit, (2) invalidation of the Substitute Trustee's Sale of the Property, and (3) a ruling "the defectiveness that occurred in the alleged foreclosure [was] so serious that the alleged foreclosure of Plaintiffs' home was null and void." Id. ¶ 18. On April 27, 2018, Wells Fargo removed the case to this Court.

         Wells Fargo now moves to dismiss the Matas' claims, arguing the Matas fail to state a claim for relief. The Matas did not respond ...


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