Opinion

Pennington v. Nationstar Mortgage LLC

Court
District Court, District of Columbia
Filed
Jan 20, 2026
Status
Published
On the bench
Judge Amir H. Ali
Cited by
0 cases
Authority
More cited than 38.2%

concluding that “because Plaintiff is invoking the United States Constitution and other federal statutes to challenge the propriety of the judicial foreclosure on his property, Plaintiff’s claims are barred by the Rooker–Feldman doctrine”

How later courts described this case

  • concluding that “because Plaintiff is invoking the United States Constitution and other federal statutes to challenge the propriety of the judicial foreclosure on his property, Plaintiff’s claims are barred by the Rooker–Feldman doctrine”
  • “Rule 41(b) authorizes the court to dismiss either a claim or an action because of the plaintiff’s failure to comply with the Federal Rules.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

DANIELLE PENNINGTON,

Plaintiff,

Civil Action No. 25-00568 (AHA)

v.

NATIONSTAR MORTGAGE LLC, et al.,

Defendants.

Memorandum Opinion

Danielle Pennington sues several people and companies involved in the foreclosure on and

her eviction from a property. She asserts various claims that appear to be related to the foreclosure

and eviction proceedings in D.C. Superior Court, and requests damages, as well as various forms

of injunctive and declaratory relief, including quiet title to the property. Several defendants move

to dismiss the complaint, arguing that this court lacks jurisdiction to hear these claims and that

Pennington fails to state a claim. For the reasons below, the court dismisses the case.

I. Background1

In 2010, Pennington bought the property at 4908 Quarles St. NE in Washington, D.C. with

a secured mortgage. See ECF No. 1 ¶ 18; ECF No. 1-2 at 2–7. After she defaulted on her mortgage

loan, defendant Nationstar Mortgage LLC started foreclosure proceedings and the D.C. Superior

Court granted judgment to Nationstar in November 2017. Id. ¶¶ 5, 19; Order Granting Plaintiff’s

Motion For Judgment On The Pleadings And Decree For Sale Of Real Property, Nationstar

1

As required at the pleading stage, the court accepts the complaint’s well-pled factual

allegations and draws all reasonable inferences in Pennington’s favor. Banneker Ventures, LLC v.

Graham, 798 F.3d 1119, 1129 (D.C. Cir. 2015).

Mortgage, LLC v. Danielle Pennington, No. 2015-CA-000244-R(RP) (D.C. Super. Ct. Nov. 6,

2017). Nationstar appears to have bought the property, and the Superior Court ratified the sale and

closed the foreclosure proceeding in 2019. See ECF No. 1-2 at 18; Order Granting Motion To

Ratify Sale Of Real Property, Nationstar Mortgage, LLC v. Danielle Pennington, No. 2015-CA-

000244-R(RP) (D.C. Super. Ct. Apr. 11, 2019); Order Granting Motion To Ratify Accounting,

Release The Bond, And Close The Case, Nationstar Mortgage, LLC v. Danielle Pennington, No.

2015-CA-000244-R(RP) (D.C. Super. Ct. Jun. 21, 2019). Nationstar then filed an action in

Superior Court to evict Pennington and sold the property to First Hand Land, who subsequently

took over the litigation and prevailed. See ECF No. 1-2 at 23–25; Oral Order Granting Motion to

Substitute, First Hand Land, LLC v. Danielle Pennington, No. 2019-LTB-011768 (D.C. Super.

Ct. Apr. 19, 2024); Writ Executed, First Hand Land, LLC v. Danielle Pennington, No. 2019-LTB-

011768 (D.C. Super. Ct. May 23, 2025).

Pennington now files this federal lawsuit asserting various claims that appear to be related

to the foreclosure and eviction proceedings or judgments. Defendants Nationstar, Westcor Land

Title Insurance Company, Sogol Irene Plagany, Adetunji Darcy Adefehiniti, Justin Fasano, First

Hand Land, Forge Trust Co., and ServiceLink, LLC move to dismiss the complaint for lack of

subject matter jurisdiction and failure to state a claim. ECF Nos. 13, 18, 21, 22, 36, 38.

II. Discussion

The court concludes that Pennington’s case must be dismissed for failure to satisfy Federal

Rule of Civil Procedure 8 and because, to the extent Pennington seeks relief from the Superior

Court foreclosure and eviction proceedings or judgments, this court lacks jurisdiction to provide

it.

The federal rules require a complaint to contain “a short and plain statement of the claim

showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). This “does not require

2

‘detailed factual allegations,’ but it demands more than an unadorned, the-defendant-unlawfully-

harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v.

Twombly, 550 U.S. 544, 555 (2007)). This ensures the defendant has “notice of what the claim is

and the grounds upon which it rests.” Twombly, 550 U.S. at 555 (cleaned up). A court may dismiss

a complaint that fails to meet these requirements upon motion or on its own accord. See Fed. R.

Civ. P. 41(b); see also Ciralsky v. CIA, 355 F.3d 661, 669 (D.C. Cir. 2004) (“Rule 41(b) authorizes

the court to dismiss either a claim or an action because of the plaintiff’s failure to comply with the

Federal Rules.”); Dali v. Walter Reed Nat’l Mil. Med. Ctr., No. 24-cv-3313, 2025 WL 326575, at

*1 (D.D.C. Jan. 29, 2025) (observing that dismissals under Rule 8(a) “may be ordered on motion

or sua sponte by the court”).

In cases like this involving an unrepresented or “pro se” litigant, the court is careful to give

extra leeway. The court evaluates the complaint “in light of all filings, including filings responsive

to a motion to dismiss.” Ho v. Garland, 106 F.4th 47, 50 (D.C. Cir. 2024) (quotation marks

omitted) (quoting Brown v. Whole Foods Mkt. Grp., Inc., 789 F.3d 146, 152 (D.C. Cir. 2015)). Of

course, an unrepresented plaintiff still “must plead factual matter that permits the court to infer

more than the mere possibility of misconduct.” Jones v. Horne, 634 F.3d 588, 596 (D.C. Cir. 2011)

(quotation marks omitted) (quoting Atherton v. D.C. Off. of Mayor, 567 F.3d 672, 681–82 (D.C.

Cir. 2009)). While “detailed factual allegations” are not necessary, the plaintiff must furnish “more

than labels and conclusions” or “a formulaic recitation of the elements of a cause of action.”

Twombly, 550 U.S. at 555.

Pennington’s allegations fail to provide the defendants with notice of the claims against

them. Pennington lists fourteen counts against fourteen named defendants and several unnamed

defendants. ECF No. 1 at 1–9. Counts one through thirteen each consist of one sentence, asserting

3

a legal violation, without any further explanation. Id. at 7–9; see, e.g., id. ¶ 31 (“By proceeding

with eviction based on fraudulent documents, Defendants violated Plaintiff’s constitutional right

to due process and fair proceedings.”). None of these counts identify which defendants are liable,

failing to give any defendant “notice of what the claim is and the grounds upon which it rests.”

Only count fourteen identifies specific defendants. Id. ¶ 39 (“Defendants, Mr. Cooper d/b/a

Nationstar Mortgage and Orlans PC (via Defendant Sogol Irene Plagany), acting as ‘debt

collectors’ under 15 U.S.C. § 1692a(6), attempted to collect a mortgage or purported debt from

plaintiff.”). This count asserts that those defendants “failed to comply with the Fair Debt Collection

Practices Act (FDPA) and Regulation F (12 CFR Part 1006) by failing to provide required

disclosures, engaging in harassing or deceptive practices, and misrepresenting the nature of the

debt and foreclosure status.” Id. ¶ 40. But Pennington does not describe what practices the

defendants engaged in, what misrepresentations they made, or what disclosures they failed to

provide. Nor does the complaint identify when or where these events occurred. Pennington’s

claims accordingly fail to provide the “short and plain statement” required by Rule 8.2

Pennington’s claims are also problematic because “[f]ederal courts are courts of limited

jurisdiction.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). A party

seeking relief in the district court must at least plead facts that bring the suit within the court’s

jurisdiction. See Fed. R. Civ. P. 8(a)(1). And “[w]hen a court lacks subject matter jurisdiction, it

2

Pennington attaches numerous documents to her complaint including emails, deeds, court

filings, screenshots, and loan documents. See ECF Nos. 1-2–1-3. However, unexplained

attachments cannot cure a complaint’s deficiencies. See Nichols v. Vilsack, No. 13-cv-01502, 2015

WL 9581799, at *1 (D.D.C. Dec. 30, 2015) (observing that even in pro se cases, “courts are not

responsible for hunting through the record in search of material potentially helpful to a party’s

case,” and “where undifferentiated documents are submitted along with a complaint that is itself

lacking in detail, asking the Court to comb through the attachments to discern the substance of the

plaintiff’s claims risks . . . denying the defendant fair notice and an opportunity to respond to

identifiable allegations of wrongdoing”).

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must dismiss the case.” Auster v. Ghana Airways Ltd., 514 F.3d 44, 48 (D.C. Cir. 2008) (citing

Fed. R. Civ. P. 12(h)(3)). To the extent Pennington’s claims attempt to re-litigate the foreclosure

on the property, this court does not have subject matter jurisdiction to consider them. Under the

Rooker-Feldman doctrine, federal district courts may not hear “cases that amount to the functional

equivalent of an appeal from a state court.” Gray v. Poole, 275 F.3d 1113, 1119 (D.C. Cir. 2002).

This prevents federal courts from considering issues that are “so inextricably intertwined with a

state court decision that the district court is in essence being called upon to review the state-court

decision.” Stanton v. D.C. Court of Appeals, 127 F.3d 72, 75 (D.C. Cir. 1997) (quotation marks

and citation omitted). Federal jurisdiction is barred even when the plaintiff claims “that the state

judgment itself violates the [plaintiff’s] federal rights.” Johnson v. De Grandy, 512 U.S. 997,

1005–1006 (1994). Here, the D.C. Superior Court decreed the foreclosure sale of the property and

ratified its subsequent sale. Order Granting Plaintiff’s Motion For Judgment On The Pleadings

And Decree For Sale Of Real Property, Nationstar Mortgage, LLC v. Danielle Pennington, No.

2015-CA-000244-R(RP) (D.C. Super. Ct. Nov. 6, 2017); Order Granting Motion To Ratify Sale

Of Real Property, Nationstar Mortgage, LLC v. Danielle Pennington, No. 2015-CA-000244-

R(RP) (D.C. Super. Ct. Apr. 11, 2019). Pennington’s claims appear to challenge the merits of these

decisions insofar as they allege that the foreclosure involved misconduct that renders it invalid.

See, e.g., ECF No. 1 ¶ 35 (“Defendants entered into an agreement to misrepresent ownership and

foreclose on Plaintiff’s Property through deceptive and illegal means.”). And her claims related to

her eviction appear to be premised on the invalidity of the foreclosure. See id. ¶ 27 (“The Plaintiff’s

due process rights under the Fourteenth Amendment were violated when wrongful foreclosure and

eviction proceedings were pursued without proper notice or valid standing.”). To the extent

Pennington’s claims ask this court to review the propriety of the foreclosure, they are barred by

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Rooker-Feldman. See Laverpool v. Taylor Bean & Whitaker Reo LLC, 229 F. Supp. 3d 5, 16

(D.D.C. 2017) (concluding that “because Plaintiff is invoking the United States Constitution and

other federal statutes to challenge the propriety of the judicial foreclosure on his property,

Plaintiff’s claims are barred by the Rooker–Feldman doctrine”).3

Because Pennington’s complaint fails to comply with Rule 8, and any possible claims

appear to be barred by Rooker-Feldman, the court dismisses the complaint in its entirety.

III. Conclusion

For these reasons, the court grants the motions to dismiss and dismisses the matter as to all

defendants.

A separate order accompanies this memorandum opinion.

AMIR H. ALI

United States District Judge

Date: January 20, 2026

3

In her opposition to the motions to dismiss, Pennington states that she is not challenging state

court proceedings and is instead challenging certain “2024-2025 acts” causing her “fresh injury.”

ECF No. 48 at 7. To the extent the opposition asserts new claims or allegations, they are conclusory

and fail to satisfy Rule 8. The opposition also appears to challenge the Superior Court’s substitution

of First Hand Land for Nationstar in Pennington’s eviction proceeding, but this claim is barred by

Rooker-Feldman for the reasons stated.

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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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