Loy v. Federal Home Loan Mortgage Corp. (In re Loy)

MEMORANDUM OF DECISION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS IN PART

John P. Gustafson, United States Bankruptcy Judge

This adversary proceeding is before the court on a Motion to Dismiss (“Motion”) filed by Defendant Federal Home Loan Mortgage Corporation (“FHLMC”) [Doc. # 4], Plaintiffs Objection to Defendant’s Motion (“Objection”) [Doc. # 11], and Defendant’s Reply in support of the Motion (“Reply”) [Doc. # 12]. Plaintiff is the Debt- or in the underlying Chapter 13 case.

In his Complaint, Plaintiff alleges the following: 1) that a default judgment, the result of a foreclosure…