Hafiz

Hafiz v. Greenpoint Mortage Funding, Inc.

Good Law
652 F. Supp. 2d 1039·2009 WL 2137393·2009 U.S. Dist. LEXIS 60818
United States District Court, Northern District of CaliforniaJuly 16, 2009C 09-01729 WHACalifornia5,046 words

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…

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