Hafiz
Hafiz v. Greenpoint Mortage Funding, Inc.
Opinion
Opinion
Alsup, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
INTRODUCTION
This is a motion to dismiss plaintiffs claims in a foreclosure dispute. This order finds that each of plaintiffs sixteen claims are either legally or factually insufficient or are preempted under federal law. Accordingly, defendants’ motion is Granted.
STATEMENT
Plaintiff Majiman Hafiz initiated this action against defendants for monetary damages and equitable relief. Before the present case was removed to federal court, she filed this lawsuit in conjunction with an application for a temporary restraining order. The alleged purpose of this application was to prevent defendants from proceeding with the “illegal” foreclosure sale of her property after she fell behind on her monthly payments. The date for the trustee’s sale was originally set by the trustee, Quality Loan Services, for April 15, 2009, but has since been extended.
Hafiz is a Fijian who has resided in the United States for approximately thirty years. During oral argument, Hafiz’s counsel conceded that, contrary to the indications in her complaint and briefing, Hafiz does not reside in the property in question. Admittedly, Hafiz is an experienced speculator…