Opinion

Mejia v. The Bank of New York Mellon Trust Company, National Association

Court
District Court, S.D. Texas
Filed
Feb 22, 2022
Cited by
0 cases
Authority
More cited than 31.9%

holding that a national bank is a citizen of the state where its main office, as set out in its articles of association, is located

How later courts described this case

  • holding that a national bank is a citizen of the state where its main office, as set out in its articles of association, is located
  • first citing Brown v. Ke-Ping Xie, 260 S.W.3d 118, 122 (Tex. App.—Houston [1st Dist.] 2008, no pet.

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT February 22, 2022

SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk

MCALLEN DIVISION

CHRISTOPHER MAGDALAINE §

LIZETTE MEJIA, §

§

Plaintiff, §

§

VS. §

§

THE BANK OF NEW YORK MELLON §

TRUST COMPANY, NATIONAL §

CIVIL ACTION NO. 7:22-cv-00029

ASSOCIATION FKA The Bank of New §

York Trust Company, N.A. as successor to §

JP Morgan Chase Bank, as Trustee for §

Residential Asset Security Corporation, §

Equity Home Equity Mortgage Asset- §

Backed through Certificate Series 2004- §

KS7, §

§

Defendant. §

OPINION AND ORDER

The Court now considers “Defendant’s Motion to Dismiss Pursuant to Rule 12(b)(6) and

Brief in Support.”1 Plaintiff has not filed a response and the time for doing so has passed, rendering

Defendant’s motion unopposed by operation of this Court’s Local Rule.2

Plaintiff “Christopher MAGDALAINE LIZETTE MEJIA” commenced this case in state

court on January 11, 2022, seeking to prevent a foreclosure.3 Defendant removed the case to this

Court on January 20th.4 Plaintiff alleges that she resides in Hidalgo County, Texas.5 Plaintiff is

1 Dkt. No. 4.

2 LR7.4 (“Failure to [timely] respond to a motion will be taken as a representation of no opposition.”).

3 Dkt. No. 1-1.

4 Dkt. No. 1.

5 Dkt. No. 1-1 at 5, ¶ 3.

therefore a citizen of Texas.6 Defendant explains that it is “the trustee of a trust.”7 The citizenship

of a trust is ascertained by all of its shareholders,8 generally the trustees.9 Defendant is also a

national banking association,10 so its citizenship is ascertained by where its main office as set forth

in its articles of association is located,11 which is New York.12 Defendant is therefore a citizen of

New York. Because Plaintiff seeks injunctive relief to restrain a foreclosure,13 the amount in

controversy in this case is the value of Plaintiff’s home,14 which is appraised at $165,104.15 The

Court therefore agrees that it has federal diversity jurisdiction over this case under 28 U.S.C.

§ 1332(a).

Now turning to Defendant’s unopposed motion to dismiss, Defendant seeks to dismiss

Plaintiff’s claims under Federal Rule of Civil Procedure 12(b)(6). Under Rule 12(b)(6), to avoid

dismissal, the complaint “must contain sufficient factual matter, accepted as true, to ‘state a claim

to relief that is plausible on its face.’”16 Defendant points out that Plaintiff’s only stated claim for

relief is “for an injunction to stop foreclosure due to the alleged illness of her husband.”17 However,

“[u]nder Texas law, a request for injunctive relief is not itself a cause of action but depends on an

underlying cause of action. Injunctive relief is simply a form of equitable remedy.”18 Plaintiff

6 MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 313 (5th Cir. 2019) (quoting Stine v. Moore, 213

F.2d 446, 448 (5th Cir. 1954)) (“For individuals, ‘citizenship has the same meaning as domicile,’ and ‘the place of

residence is prima facie the domicile.’”).

7 Dkt. No. 1 at 3, ¶ 8.

8 See Bynane v. Bank of N.Y. Mellon, 866 F.3d 351, 357–59 (5th Cir. 2017) (citing Americold Realty Tr. v. Conagra

Foods, Inc., 577 U.S. 378, 383 (2016) & Navarro Sav. Ass'n v. Lee, 446 U.S. 458, 465 (1980)).

9 See Navarro Sav. Ass'n, 446 U.S. at 464–66 (1980).

10 Dkt. No. 1 at 3, ¶ 8.

11 See Wachovia Bank v. Schmidt, 546 U.S. 303, 307 (2006) (citing 28 U.S.C. § 1348) (holding that a national bank

is a citizen of the state where its main office, as set out in its articles of association, is located).

12 Dkt. No. 1 at 3, ¶ 8.

13 See Dkt. No. 1-1 at 7–8.

14 Farkas v. GMAC Mortg., L.L.C., 737 F.3d 338, 341 (5th Cir. 2013) (per curiam).

15 Dkt. No. 1-1 at 31.

16Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)).

17 Dkt. No. 4 at 3 (citing Dkt. No. 1-1 at 6–8).

18 Cook v. Wells Fargo Bank, N.A., No. 3:10-CV-0592-D, 2010 U.S. Dist. LEXIS 69239, at *13 (N.D. Tex. 2010)

(first citing Brown v. Ke-Ping Xie, 260 S.W.3d 118, 122 (Tex. App.—Houston [1st Dist.] 2008, no pet.), overruled

therefore has pled no viable cause of action.'? Accordingly, the Court agrees that Plaintiff's claims

are not meritorious and GRANTS Defendant’s motion to dismiss.”°

The Court notes that this case is substantially identical to a recently dismissed case, viz.

MacDonald v. The Bank of New York Mellon Trust Co., No. 7:21-cv-00494 (S.D. Tex. Feb. 1,

2022). This Court noted in MacDonald that numerous state court orders had granted the bank or

mortgage servicer possession and forcible detainer over the same property at issue in this case, viz.

1610 East 21st Street, Mission, Texas 78572. Accordingly, Plaintiffs attempt to stop foreclosure

in this case appears to be a bad faith attempt to preclude Defendant from exercising its repeatedly

adjudicated legal right to foreclose the property. Plaintiff's claims are DISMISSED WITH

PREJUDICE and neither Plaintiff nor anyone acting on her behalf should re-attempt the same or

similar claims to stop foreclosure of the property. This case will terminate upon entry of final

judgment.

IT IS SO ORDERED.

DONE at McAllen, Texas, this 22nd day of February 2022.

Woes

Micaela Alv

United States District Judge

on other grounds by Tex. Dep't of Aging & Disability Servs. v. Cannon, 453 $.W.3d 411, 417 n.15 (Tex. 2015); and

then citing Butnaru v. Ford Motor Co., 84 S.W.3d 198, 204 (Tex. 2002)).

19 See Eason v. Deutsche Bank Nat'l Tr. Co., No. 4:18-cv-00717, 2018 U.S. Dist. LEXIS 105500, at *8 (S.D. Tex.

2018) (Rosenthal, C.J.).

20 Dkt. No. 4.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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