Spencer

ORDER ON DEFENDANT DHI MORTGAGE COMPANY, LTD.’s F.R.Civ.P. 12(b) (6) MOTION TO DISMISS (Doc. 5.)

INTRODUCTION

Defendant lender DHI Mortgage Company, Ltd. (“DHI Mortgage”) seeks to dismiss as meritless pro se plaintiffs Douglas Spencer and Connie Spencers’ (collectively “plaintiffs’ ”) 14 claims arising from default and foreclosure on their first and second mortgages on their Newman home (“property”). Plaintiffs filed no opposition papers. This Court considered DHI Mortgage’s F.R.Civ.P. 12(b)(6) motion to dismiss on the record and VACATES the July 13, 2009 hearing, pursuant to Local Rule 78-230(e), (h). For the reasons discussed below, this Court DISMISSES this action against DHI Mortgage.

BACKGROUND

Plaintiffs’ Loans And Default

On September 1, 2005, plaintiffs purchased the property with funds from DHI Mortgage’s first mortgage and defendant Indymac Federal Bank, FSB’s (“Indy-mac’s”) second mortgage. The mortgages were secured by deeds of trust and promissory notes.

A December 8, 2008 notice of default and intention to sell was recorded for the property with the Stanislaus County Recorder.

Plaintiffs’ Claims

On March 24, 2009, plaintiffs filed their complaint…