Summary
describing discussions leading up to consideration to modify a loan as at most an "agreement to agree"
Summary of this case from Winter v. Chase BankOpinion
Civil Action No. 12-11164-NMG
11-30-2012
EMILIO SANTELISES, Plaintiff, v. BANK OF AMERICA, N.A., as successor by merger to BAC HOME LOAN SERVICING, LP and FEDERAL HOME LOAN MORTGAGE CORPORATION, Defendants.
REPORT AND RECOMMENDATION ON
DEFENDANTS' MOTION TO DISMISS THE COMPLAINT
SOROKIN, C.M.J.
Pursuant to Federal Rule of Civil Procedure 12(b)(6), the defendants, Bank of America, N.A. ("Bank of America") and Federal Home Loan Mortgage Corporation ("Freddie Mac"), seek dismissal of the Complaint filed against them by the plaintiff, Emilio Santelises. For the reasons that follow, I recommend that the motion (docket # 5) be ALLOWED.
I. BACKGROUND
The following facts are drawn from the Complaint and the documents referenced therein.
On a motion to dismiss, the Court may consider documents "expressly incorporated" into the complaint, as well as those "relie[d] upon [in the complaint and] whose authenticity is not challenged." Alt. Energy, Inc. v. St. Paul Fire & Marine Ins. Co., 267 F.3d 30, 33 (1st Cir. 2001). Santelises has not objected to the defendants' submission of two letters referenced in the Complaint. See generally Doc. No. 14.