Finley v. Kondaur Capital Corp.

MEMORANDUM AND ORDER

WILLIAM G. YOUNG1, District Judge.

I. INTRODUCTION

The motions to dismiss by defendants Kondaur Capital Corporation (“Kondaur”), Mortgage Electronic Registration Systems, Inc. (“MERS”), and Shapiro & Kirsch, LLP (“Shapiro & Kirsch”) stem from a seven-count complaint by plaintiff Keith T. Finley (“Finley”). Finley filed this complaint in response to foreclosure proceedings initiated by Kondaur. In December 2006, Finley executed a mortgage with WMC Mortgage Corporation (“WMC”), and MERS acted as nominee. The mortgage was securitized, placed into a real estate investment trust,…