Epps v. Lomas Mortgage USA, Inc. (In Re Epps)

MEMORANDUM OF DECISION

McGLYNN, District Judge.

At issue in this adversary proceeding is the interplay of Bankruptcy Code Chapter 13 with post-assignment relief under the Department of Housing and Urban Development’s (HUD’s) Mortgage Assignment Program. Before the court are defendant HUD’s motions to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction, 12(b)(2) for lack of personal jurisdiction, and 12(b)(6) for failure to state a claim upon which relief can be granted. For the reasons stated below, the motions will be denied.

It is undisputed…