explaining that to state a claim under 42 U.S.C. § 1983, a plaintiff must allege “the conduct complained of (1) was committed by a person acting under color of state law and (2
How later courts described this case
- explaining that to state a claim under 42 U.S.C. § 1983, a plaintiff must allege “the conduct complained of (1) was committed by a person acting under color of state law and (2
- “state proceedings have not ended for purposes of Rooker–Feldman when an appeal from the state court judgment remains pending at the time the plaintiff commences the federal court action”
- “Courts have been confronted repeatedly by [sovereign citizens’] attempts to delay judicial proceedings and have summarily rejected their legal theories as frivolous.”
- affirming dismissal of complaint under Rooker-Feldman because deciding RESPA claim would have required the district court to effectively nullify the state court’s final judgment recognizing the validity of the debt and authorizing foreclosure on the … property”
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
TAMMY GODMAN,
Plaintiff,
v. Case No. 3:25cv2657-TKW-HTC
PENNYMAC LOAN
SERVICES, LLC, et al.,
Defendants.
_____________________/
REPORT AND RECOMMENDATION
Plaintiff Tammy Godman, proceeding pro se, has filed a complaint (Doc. 1)
and motions for a temporary restraining order and a preliminary injunction (Docs. 3
& 4). She seeks to prevent enforcement of a judgment of foreclosure entered in state
court on July 29, 2025. Upon consideration, the undersigned concludes: (1) this case
should be DISMISSED without prejudice for lack of jurisdiction, as it barred by the
Rooker-Feldman doctrine1; and (2) the pending motions should be DENIED as
moot.
1 The doctrine derives its name from two cases: Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923)
and District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983).
I. Background
Godman sues Pennymac Loan Services, LLC, Pennymac Corporation, and
Pennymac Financial Services, LLC (collectively, “Pennymac”). On September 13,
2023, Pennymac filed suit in state court to foreclose on a property in Okaloosa
County owned by Godman.2 See Okaloosa Cnty. Case No. 2023 CA 3402.3 On July
29, 2025, the state court entered a final judgment of foreclosure in favor of
Pennymac, and Pennymac purchased the property at auction on December 18, 2025.
Godman alleges in this suit that Pennymac: (1) “asserted control and enforcement
authority over Estate4 property without producing verified proof of standing,
ownership, or authority”; (2) “did not originate the alleged obligation, were not
parties to the original closing, and did not suffer any verified loss”; and (3) failed “to
provide a complete accounting despite notice that the alleged obligation was
disputed and that the property was under fiduciary administration.” Doc. 1 at 9.
Godman takes issue with Pennymac’s “continued foreclosure and enforcement
activity.” Id.
2 Godman is identified as “Tammy Belinda Arcos” in the state court litigation.
3 The Court may take judicial notice of the state court docket for the foreclosure proceeding. See
Paez v. Sec’y, Fla. Dep’t of Corr., 947 F.3d 649, 652-53 (11th Cir. 2020).
4 Some aspects of Godman’s complaint, such as the reference to her being “the duly accepted
Executor and Intended Beneficiary of the Estate(s) of Tammy Belinda Godman and Tammy
Belinda Arcos,” are associated with the sovereign citizen movement. Courts have routinely
rejected that movement’s legal theories as frivolous. See United States v. Sterling, 738 F.3d 228,
233 n.1 (11th Cir. 2013) (“Courts have been confronted repeatedly by [sovereign citizens’]
attempts to delay judicial proceedings and have summarily rejected their legal theories as
frivolous.”).
Based on the foregoing, Godman claims Pennymac violated the Real Estate
Settlement Procedures Act (“RESPA”) and deprived her of property without due
process. As relief, Godman asks the Court to: (1) declare that Pennymac lacks
“lawful standing or authority absent verified proof and accounting”; (2) “order a full
equitable accounting of all transactions, proceeds, credits, and offsets related to
Estate property”; and (3) enjoin Pennymac “from foreclosing upon, selling,
transferring, encumbering, or enforcing any interest in Estate property.” Id. at 10.
II. Discussion
The Rooker-Feldman doctrine prohibits a district court from exercising
subject matter jurisdiction over a complaint “brought by state-court losers
complaining of injuries caused by state-court judgments rendered before the district
court proceedings commenced and inviting district court review and rejection of
those judgments.” Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280,
284 (2005). The doctrine bars claims where “the source of the plaintiff’s injury is
the state-court judgment itself,” Efron v. Candelario, 110 F.4th 1229, 1236 (11th Cir.
2024), “whether the plaintiff admits to filing a direct appeal of the judgment or tries
to call the appeal something else.” Behr v. Campbell, 8 F.4th 1206, 1211 (11th Cir.
2021) (citation omitted).
Here, the state court entered a final judgment of foreclosure on July 29,
2025—before Godman filed this federal action on December 19, 2025.5 The thrust
of Godman’s complaint is that the state court foreclosure judgment is invalid because
Pennymac failed to establish the prerequisites for the judgment. And she specifically
seeks to stop enforcement of the judgment. Because Godman wants this Court to
nullify the judgment of foreclosure and allow her to relitigate issues already decided
in state court, this case should be dismissed without prejudice under the Rooker-
Feldman doctrine. See Froncek v. Nationstar Mortgage LLC, 2015 WL 12838166,
at *1 (M.D. Fla. Aug. 3, 2015) (concluding court lacked jurisdiction under Rooker-
Feldman doctrine to stop foreclosure sale and consider propriety of state foreclosure
order); see also, Leathers v. Specialized Loan Servicing, LLC, 3:25cv51TKW/HTC
(February 7, 2025) (Doc. 5) (adopting, over objection, report and recommendation
for dismissal of suit attacking foreclosure judgment as violating due process rights
based on Rooker-Feldman).
In addition, while Godman makes the conclusory allegation that Pennymac
violated RESPA by not providing her a full accounting after she made a qualified
written request (Doc. 1-1 at 3), that reference to RESPA does not move her claims
5 No appeal has been filed in the state court action that would preclude application of the Rooker-
Feldman doctrine. See Nicholson v. Shafe, 558 F.3d 1266, 1279 (11th Cir. 2009) (“state
proceedings have not ended for purposes of Rooker–Feldman when an appeal from the state court
judgment remains pending at the time the plaintiff commences the federal court action”).
outside the reach of the Rooker-Feldman doctrine because: (1) she asserts the failure
to provide the accounting should prevent enforcement of the foreclosure judgment;
and (2) nothing indicates she could not have made this argument in state court.6 See
Doc. 1 at 9 (“Plaintiff seeks equitable relief to … compel full accounting before any
enforcement may proceed.”); see also Cavero v. One West Bank FSB, 617 F. App’x
928, 930 (11th Cir. 2015) (affirming dismissal of complaint under Rooker-Feldman
because deciding RESPA claim would have required the district court to effectively
nullify the state court’s final judgment recognizing the validity of the debt and
authorizing foreclosure on the … property”).
Accordingly, it is RECOMMENDED:
1. That this case be DISMISSED without prejudice for lack of
jurisdiction.
2. That all pending motions (Docs. 3 & 4) be DENIED as moot.
3. That the clerk close the file.
At Pensacola, Florida, this 29th day of December, 2025.
/s/ Hope Thai Cannon
HOPE THAI CANNON
UNITED STATES MAGISTRATE JUDGE
6 Godman’s due process claim is also frivolous because Pennymac is not a state actor. See Harvey
v.Harvey, 949 F.2d 1127, 1130 (11th Cir. 1992) (explaining that to state a claim under 42 U.S.C.
§ 1983, a plaintiff must allege “the conduct complained of (1) was committed by a person acting
under color of state law and (2) deprived the complainant of rights, privileges, or immunities
secured by the Constitution or laws of the United States.”) (citation omitted).
NOTICE TO THE PARTIES
Objections to these proposed findings and recommendations must be filed within
fourteen (14) days of the date of the Report and Recommendation. Any different
deadline that may appear on the electronic docket is for the court’s internal use only
and does not control. An objecting party must serve a copy of its objections upon all
other parties. A party who fails to object to the magistrate judge’s findings or
recommendations contained in a report and recommendation waives the right to
challenge on appeal the district court’s order based on the unobjected-to factual and
legal conclusions. See 11th Cir. Rule 3-1.