Giacchetti v. Everhome Mortg. & Fed. Nat'l Mortg. Ass'n (In re Giacchetti)

Melvin S. Hoffman, U.S. Bankruptcy Judge

The defendants in this adversary proceeding, Everhome Mortgage, now known as EverBank, and Federal National Mortgage Association ("Fannie Mae"), have moved under Fed. R. Civ. P. 12(b)(1) and (6)1 to dismiss the three-count complaint filed by the plaintiff, Tracy Giacchetti, the debtor in the main case, on the grounds that Ms. Giachetti lacks standing to raise the claims asserted and that the claims are barred under the doctrine of claim preclusion.

In count I of her complaint, Ms. Giacchetti seeks to set aside a foreclosure sale of her home in Sherborn,…