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December 29, 2009
DAVIDE AZZINI, ET AL., PLAINTIFFS,v.COUNTRYWIDE HOME LOANS, ET AL., DEFENDANTS.
Presently before the Court is Defendant Countrywide Home Loans, Inc.'s ("Countrywide") motion to dismiss Plaintiffs' First Amended Complaint ("FAC"). (Doc. 27.) For the following reasons, the motion is granted.
On or about December 15, 2005, Plaintiffs Davide Azzini and Mario Rosa ("Plaintiffs") executed a loan on real property located in Imperial Beach, California. (FAC ¶¶ 7, 32.) Plaintiffs allege that multiple defendants engaged in unlawful lending practices. (Id. at ¶¶ 31, 36.) As to Defendant Countrywide, Plaintiffs allege eight claims for relief: (1) violation of California's Rosenthal Act, Cal. Civ. Code § 1788, et seq.; (2) negligence; (3) violation of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2605, et seq.; (4) breach of fiduciary duty; (5) fraud; (6) violation of California's Unfair Competition Law ("UCL"), Cal. Bus. & Prof. Code § 17200, et seq.; (7) breach of contract and; (8) breach of the implied covenant of good faith and fair dealing.
Plaintiffs filed their complaint on April 16, 2009. (Doc. 1.) Countrywide filed a motion to dismiss, which this Court denied as moot after Plaintiffs filed their FAC. (Docs. 19-21.) Countrywide filed the instant motion on September 25, 2009, (Doc. 27), and Plaintiffs filed an opposition. (Doc. 30.) Countrywide did not reply.
In two recent opinions, the Supreme Court established a more stringent standard of review for 12(b)(6) motions. See Ashcroft v. Iqbal, ___ U.S. ___, 129 S.Ct. 1937 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). To survive a motion to dismiss under this new standard, "a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Iqbal, 129 S.Ct. at 1949 (citing Twombly, 550 U.S. at 570). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. (citing Twombly, 550 U.S. at 556). "Determining whether a complaint states a plausible claim for relief will... be a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id. at 1950 (citing Iqbal v. Hasty, 490 F.3d 143, 157-58 (2d Cir. 2007)). In Iqbal, the Court began this task "by identifying the allegations in the complaint that are not entitled to the assumption of truth." Id. at 1951. It then considered "the factual allegations in respondent's complaint to determine if they plausibly suggest an entitlement to relief." Id. at 1951.
The FAC does not plainly state how Countrywide is involved in the alleged unlawful lending practices. Plaintiffs allege that Defendants Morgan, and Gambino, aka Duhommel, fraudulently induced Plaintiffs to enter into a home loan. (FAC ¶¶ 24-32.) Morgan and Gambino, along with Defendants Johnson, Crowder, and Kwasny allegedly were employed by Defendant Morningstar Capital Corp. (Id. at ¶¶ 13-14.) Plaintiffs' loan was secured by a deed of trust which identifies Defendant Home Capital Funding, dba Harbor Capital Group, as the lender, and Defendant Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for the lender. (Id. at ¶ 32.) The only mention of Countrywide, however, is that Plaintiffs mailed Countrywide a Qualified Written Request ("QWR") under RESPA to rescind the loan in accordance with the Truth in Lending Act ("TILA"), and that Countrywide failed to respond. (Id. at ¶ 34.) Countrywide's motion to dismiss reveals that Countrywide is the servicer of Plaintiffs' loan. (Mot. at 1.)
Countrywide seeks dismissal of the eight claims for relief asserted against it in the FAC for failure to state a claim. Plaintiffs agreed to dismiss without prejudice the claims for breach of fiduciary duty, breach of contract, and breach of the implied covenant of good faith and fair dealing. The remaining claims are addressed in turn.
A. Rosenthal Act
Plaintiffs allege Countrywide is a debt collector under the Rosenthal Act and that it acted unlawfully by "collecting on a debt not owed to Defendants, making false reports to credit reporting agencies, foreclosing upon a void security interest, foreclosing upon a Note of which they were not in possession nor otherwise entitled to payment, falsely stating the amount of a debt, increasing the amount of a debt by including amounts that are not permitted by law or contract, and using unfair and unconscionable means in an attempt to collect a debt." (FAC ¶ 68-69.)
To the extent Plaintiffs' attempt to state a claim for foreclosure upon a note which Countrywide was not in possession, the claim fails. Countrywide correctly argues it may foreclose on the property without possession of the note. "[California] Civil Code sections 2924 through 2924k provide a comprehensive framework for the regulation of a non-judicial foreclosure sale pursuant to a power of sale contained in a deed of trust." Moeller v. Lien, 25 Cal. App. 4th 822, 830 (1994). In such a sale, no party needs to physically possess the promissory note. See Cal. Civ. Code § 2924(a)(1) (trustee's sale may be conducted by the "trustee, mortgagee, or beneficiary or any of their authorized agents"). Because "[t]he comprehensive statutory framework established to govern non-judicial foreclosure sales is intended to be exhaustive," the Court cannot "incorporate [the UCC's possession rule] into statutory non-judicial foreclosure proceedings." Moeller, 25 Cal. App. 4th at 834.
The remaining allegations are conclusory and not supported by any factual allegations. For example, Plaintiffs state Defendants used "unfair and unconscionable means" to collect a debt, yet there are no allegations of threats, harassing phone calls, or other such activity specifically prohibited under the Rosenthal Act. See, e.g., Cal. Civ. Code §§ 1788.10, 1788.11, 1788.13. Accordingly, Plaintiffs' Rosenthal Act claim is dismissed with leave to amend.
B. Negligence
Countrywide argues Plaintiffs' negligence claim fails because Countrywide, as a mere loan servicer, owes no duty of care to Plaintiffs. Plaintiffs argue Countrywide owed a duty to service Plaintiffs' loan with due care to avoid to harm to Plaintiffs. Plaintiffs further argue that Countrywide has violated RESPA and therefore is negligent per se.
To plead a claim for negligence, a plaintiff must show a legal duty of care, breach of that duty, and that the breach was the proximate or legal cause of the plaintiff's injury. United States Liability Ins. Co. v. Haidinger-Hayes, Inc., 1 Cal. 3d 586, 594 (1970). "[A]s a general rule, a financial institution owes no duty of care to a borrower when the institution's involvement in the loan transaction does not exceed the scope of its conventional role as a mere lender of money." Nymark v. Heart Fed. Savings & Loan Assn., 231 Cal. App. 3d 1089, 1096 (1991). This rule has been applied to loan servicers. See Mulato v. WMC Mortgage Corp., 2009 U.S. Dist. LEXIS 100070 at *8 (N.D. Cal. 2009); Shepherd v. Am. Home Mortg. Servs., 2009 U.S. Dist. LEXIS 108523 (E.D. Cal. 2009) ("[L]oan servicers do not owe a duty to the borrowers of the loans they service."). Plaintiff has failed to allege that Countrywide's involvement in the loan transaction exceeds the scope of its conventional role as a loan servicer. Accordingly, Plaintiffs' claim for negligence is dismissed with leave to amend.*fn1
Plaintiffs make two RESPA allegations against Countrywide: one, that Countrywide violated RESPA by failing to make required disclosures (FAC ¶ 83), and two, that Countrywide did not respond to Plaintiffs' QWR, which was mailed April 13, 2009. (Id. at ¶ 34, 84.) Countrywide argues the violations are time barred because Plaintiffs completed the loan in 2005 and did not bring the action until 2009. Further, Countrywide argues Plaintiffs do not allege facts to establish that RESPA applies to the Plaintiffs' loan. Plaintiffs argue the failure to respond to the QWR is not time barred, and the statute of limitations is equitably tolled.
Plaintiffs allege violations of § 2605 of RESPA, which has a three year statute of limitations. 12 U.S.C. § 2614. The claims arising in 2005 are time barred unless the statute of limitations is equitably tolled. The Ninth Circuit has not addressed whether RESPA is subject to equitable tolling, but several district courts have found the doctrine applies. See Brewer v. Indymac Bank, 609 F. Supp. 2d 1104, 1118 (E.D. Cal. 2009).
Equitable tolling may arise where there is excusable delay by the plaintiff. Santa Maria v. Pacific Bell, 202 F.3d 1170, 1178 (9th Cir. Cal. 2000) "Equitable tolling may be applied if, despite all due diligence, a plaintiff is unable to obtain vital information bearing on the existence of his claim." Id. Here, Plaintiffs' only allegation to support equitable tolling is: "The facts surrounding this loan transaction were purposefully hidden to prevent Plaintiffs from discovering the true nature of the documents. Facts surrounding this transaction continue to be hidden from Plaintiffs to this day." (FAC ¶ 31.) This allegation is insufficient to show that Plaintiffs exercised due diligence or that any excuse for their delay exists. The FAC makes no mention of any relevant events between the closing date of December 19, 2005, and the letter Plaintiffs wrote to Countrywide on April 13, 2009. Specifically, the FAC fails to explain why it took Plaintiffs until 2009 to discover the alleged violations.
The second RESPA allegation against Countrywide concerns Countrywide's failure to respond to Plaintiffs' QWR. Loan servicers are required to take action within 60 days of receipt of a QWR. Since the QWR was mailed in April 2009, the claim is not time barred. However, the claim fails because Plaintiffs never allege Countrywide is a loan servicer. Countrywide's role in this case came to light only through Countrywide's motion to dismiss. Accordingly, Plaintiffs' RESPA claims are dismissed with leave to amend.
D. Fraud
Defendant argues Plaintiffs' fraud claim is not pled with particularity, as required by Rule 9 of the Federal Rules of Civil Procedure. A pleading will be "sufficient under Rule 9(b) if it identifies the circumstances of the alleged fraud so that the defendant can prepare an adequate answer." Fecht v. Price Co., 70 F.3d 1078, 1082 (9th Cir.1995). The same is true for allegations of fraudulent conduct. Vess v. Ciba-Geigy Corp. USA, 317 F.3d 1097, 1103-04 (9th Cir. 2003). In other words, fraud allegations must be accompanied by "the who, what, when, where, and how" of the misconduct charged. Id. at 1106. Plaintiffs claim the pleading is sufficient because Plaintiffs were fraudulently induced into accepting a predatory mortgage loan and Countrywide endorsed the fraud by continuing to collect mortgage payments after Countrywide was informed of the fraud by the QWR. Again, however, the FAC does not allege that Countrywide collected mortgage payments or that the QWR informed Countrywide of the fraud. The FAC fails to plead fraud with requisite particularity. Plaintiff's claim is dismissed with leave to amend.
The UCL proscribes "any unlawful, unfair or fraudulent business act or practice[.]" These varieties of unfair competition are disjunctive, i.e., any act that is " 'unlawful, unfair[,] or fraudulent' "can serve as the basis for a claim of unfair competition liability. Cel-Tech Commn's, Inc. v. Los Angeles Cellular Telephone Co., 20 Cal.4th 163, 180 (1999); In re Pomona Valley Med. Group, 476 F.3d 665, 674 (9th Cir. 2007). Countrywide argues the UCL claim fails because Plaintiffs have not properly pled any statutory violations. The Court agrees. Plaintiffs argue that they alleged multiple statutory violations, including RESPA and Rosenthal Act violations, which are incorporated into the UCL claim. As discussed above, the RESPA and Rosenthal Act claims fail as to Countrywide, and therefore cannot support the UCL claim. Accordingly, Plaintiffs' UCL claim is dismissed with leave to amend.
Further, Countrywide correctly argues that the UCL does not provide for damages. "{N]o one may recover damages under [the UCL]." Californians For Disability Rights v. Mervyn's, LLC, 39 Cal.4th 223, 232 (2006); see Kasky v. Nike, Inc., 27 Cal.4th 939, 950 (2002) (civil penalties are not available to private plaintiffs in a UCL claim). Under Rule 12(f) of the Federal Rules of Civil Procedure, the Court may strike "requested relief [that] is not recoverable as a matter of law." Wilkerson v. Butler, 229 F.R.D. 166, 172 (E.D. Cal. 2005); LeDuc v. Kentucky Central Life Ins. Co., 814 F.Supp. 820, 830 (N.D. Cal 1992) (striking UCL restitution claims as irrelevant because plaintiffs failed to adequately distinguish such claims from damages claims, which are not recoverable under UCL). Because damages are not available under the UCL, any references to damages in Plaintiffs UCL claim is stricken.
F. Tender
Defendant argues the FAC should be dismissed in its entirety because Plaintiffs failed to allege they tendered monies owed under the loan. According to Defendant, the tender requirement applies to any claim for relief for irregularity in a foreclosure sale. Abdullah v. United Savings Bank, 43 Cal. App. 4th 1101, 1009 (1996). (Id.) Defendant argues that the tender requirement also applies to bar any claim "implicitly integrated" in the foreclosure sale, citing Arnolds Management Corp. 158 Cal. App. 3d 575, 579 (1984). (Id.) Therefore, Defendant asserts the FAC should be dismissed, because Plaintiffs' failure to allege tender of monies due renders the FAC insufficient, as every claim "relate[s] directly" to the pending foreclosure sale. (Id.)
These cases are distinguishable, however, as they involve a debtor's attempt to set aside a foreclosure that has already occurred based upon irregularities in the sale. "A valid and viable tender of payment of the indebtedness owing is essential to an action to cancel a voidable sale under a deed of trust." Karlsen v. American Sav. & Loan Assn., 15 Cal. App. 3d 112, 117 (1971). Here, Plaintiffs do not seek to set aside a foreclosure sale because of irregular or unlawful sale procedures; rather, they seek relief for a host of allegedly fraudulent and unlawful business practices relating to the marketing of the subject loan. Accordingly, the motion is denied on this ground.
For the foregoing reasons, Countrywide's motion to dismiss is granted.*fn2 Plaintiffs may file a second amended complaint consistent with this Order within twenty (20) days of entry of this Order on the Court's docket.
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United States District Court, S.D. New York
January 8, 2015
ROBIN K. YENCHO and PATRICIA O. YENCHO, Plaintiffs,v.CHASE HOME FINANCE LLC, JPMORGAN CHASE BANK, N.A., and GSR MORTGAGE LOAN TRUST 2007-lF, GOLDMAN SACHS MORTGAGE CO., Defendants.
NELSONS. ROMAN, District Judge.
Plaintiffs Robin K. Yencho and Patricia O. Yencho ("Plaintiffs") commenced this action by complaint filed January 13, 2014, against Chase Home Finance LLC, JP Morgan Chase Bank, N.A., and "GSRMortgage Loan Trust 2007-lF, Goldman Sachs M01tgage Co., " asserting four claims against all defendants: wrongful collection practice, quiet title, fraud, and wrongful conversion. JP Morgan Chase Bank, N.A. ("JPMC"), individually and as successor by merger to Chase Home Finance LLC, now moves to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim upon which relief may be granted. For the reasons explained below, the Court grants the motion and dismisses all claims against JPMC and Chase with prejudice.
The complaint alleges that Plaintiffs obtained a $450, 000 mortgage with Nationwide Advantage Mortgage Co. ("Nationwide") on or about October 10, 2005, which financed real property in Florida. See Complaint ("Compl.") (dkt. no. 1) ¶ 7. Mortgage Electronics Registration Services, Inc. ("MERS") allegedly assigned the mortgage to GSR Mortgage Trust 2007-1F (the "Trust") on or about June 12, 2008. Id. ¶¶ 9-10. On or about July 13, 2010, the Trust assigned the mortgage to defendant Chase Home Finance LLC ("Chase"). Id. ¶ 11.
Plaintiffs contend the note, as opposed to the mortgage, is not indorsed. Id. ¶ 12. Rather, it contains an allonge, which is a slip of paper sometimes attached to a negotiable instrument that may reflect indorsements. Id. ¶ 14. The allonge has a single indorsement: "Pay to the Order of JP Morgan Chase Bank, NA Without Recourse Nationwide Advantage Mortgage Company." This allegedly signifies fraud, since there is no allonge reflecting the interim note transfer to the Trust and because inconsistencies between a note transfer and a mortgage assignment can render the transfers a legal nullity. Id. ¶¶ 17-23. At bottom, Plaintiffs contend ownership of the note and mortgage are "in serious question, " and that Plaintiffs were therefore wrongfully foreclosed upon when they failed to pay their mortgage, which foreclosure occurred on August 27, 2010. See Declaration of Marie Claire Dekar ("Dekar Decl.") (dkt. no. 10) Ex. D.
The public record indicates that Chase filed a mortgage foreclosure complaint in the Circuit Court of the Nineteenth Judicial Circuit in and for Indian River County, Florida, in January 2010.[1] The complaint alleged inter alia that Chase was a holder in due course of the mortgage note, had complied with all notice requirements of the Fair Debt Collection Practices Act, and was legally entitled to enforce the note and mortgage. Dekar Decl. Ex. B. Upon Plaintiffs' (there, defendants) default in the foreclosure action, Chase filed a motion for summary judgment which was granted by way of the aforementioned August 27, 2010 foreclosure judgment. Id. Ex. C, D. On February 17, 2012, Plaintiffs filed a motion to vacate the judgment, and the motion made substantially the same allegations as are made here: Chase was not an "owner in due corse" [sic], on account of apparent "bifurcation" of the note and mortgage when transferred. Id. Ex. E. The Florida court denied that motion on July 8, 2013, finding an absence of excusable neglect for the default and finding that Plaintiffs lacked any meritorious defense to foreclosure. Id. Ex. F. The instant action followed.
On a motion to dismiss for "failure to state a claim upon which relief can be granted, " Rule 12(b)(6) dismissal is proper unless the complaint "contain[s] sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)); accord Hayden v. Paterson, 594 F.3d 150, 160 (2d Cir. 2010). "Although for the purposes of a motion to dismiss [a court] must take all of the factual allegations in the complaint as true, [it is] not bound to accept as true a legal conclusion couched as a factual allegation.'" Iqbal, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 555). "While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations." Id. at 679.
When there are well-pleaded factual allegations in the complaint, "a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief." Id. A claim is facially plausible when the factual content pleaded allows a court "to draw a reasonable inference that the defendant is liable for the misconduct alleged." Id. at 678. Ultimately, determining whether a complaint states a facially plausible claim upon which relief may be granted must be "a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id. at 679.
A. FDCPA Claim
Count Three of the complaint alleges fraud, and, included within that count, is a claim that JPMC violated the Fair Debt Collection Practices Act ("FDCPA") by sending Plaintiffs debt collection notices without any legal right to collect. See Compl. ¶¶ 47-51. JPMC moves to dismiss the FDCPA claim on the grounds that (a) the claim is time-barred, since there is no allegation that notices were sent within a year of the January 13, 2014 date this action was filed (the notices and foreclosure were in 2010), and (b) the claim is meritless because there are no viable allegations concerning false or misleading statements in the notices that were sent. Plaintiffs' opposition brief does not contest these grounds for dismissal. That omission is fatal. See Lipton v. County of Orange, N.Y., 315 F.Supp.2d 434, 446 (S.D.N.Y. 2004) ("This Court may, and generally will, deem a claim abandoned when a plaintiff fails to respond to a defendant's arguments that the claim should be dismissed."). The FDCPA claim is dismissed.
B. Other Claims
Beyond that, Count One asserts wrongful collection practices on the note and mortgage because of legally invalid transfers of title to the instrument and the obligation. Count Two seeks to quiet title to the Florida real property on the same basis. Any residual allegations in Count Three can, at best, be construed to assert common law fraud through collection notices sent without any legal right. Count Four asserts wrongful conversion of real property through foreclosure without a legal right.
JPMC moves to dismiss these claims on grounds of collateral estoppel and res judicata, arguing that any holder in due course and title questions were resolved in Florida state court, which resolution has a preclusive effect here. In response, Plaintiffs argue that they independently have stated unjust enrichment and fraud claims. More generally, Plaintiffs argue that this action pertains to a note and not to the Florida foreclosure.
Plaintiffs' unjust enrichment argument fails because the term "unjust enrichment" does not appear anywhere within the four counts listed in the complaint. Those counts incorporate by reference the preceding allegations, which do mention unjust enrichment, but such cursory references to a potential claim do not survive even a generous Federal Rule of Civil Procedure 8(a)(2) analysis. Further, even if Plaintiffs properly had pleaded an unjust enrichment claim, the claim would appear to derive from the same holder in due course dispute raised by Plaintiffs elsewhere in the complaint and would therefore fail on the merits for the reasons discussed below.
Moving to Plaintiffs' next argument, the complaint does not state an independent, viable common law fraud claim. It is remedial that fraud must be pleaded with particularity. See Fed.R.Civ.P. 9(b). Factual allegations must reflect the "who, what, when, where and how of the alleged fraud." Bauman v. Mount Sinai Hosp., 452 F.Supp.2d 490, 503 (S.D.N.Y. 2006). Here, the allegations do not come close to meeting that standard. Plaintiffs allege only that inconsistencies in the note and mortgage transfers "point to fraud." This contention is rote and conclusory. Among other deficiencies, the complaint does not specify which statements within collection notices were intentional misrepresentations, does not detail the circumstances of any motive to defraud, does not specify the defendant to which the fraud claim pertains, and does not specify the personnel associated with that defendant who possessed the required scienter. Conclusory labels of fraud or deception - as opposed to factual allegations concerning particular intentional misrepresentations, made at particular times, by particular people, through particular methods - are legally insufficient. Shields v. CityTrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994) (Rule 9(b) is no "license to base claims of fraud on speculation and conclusory allegations."); Shemtob v. Shearson, Hammill & Co., 448 F.2d 442, 444 (2d Cir. 1971) (noting that conclusory allegations of fraud will be dismissed under Rule 9(b)). Any common law fraud claim embodied in Count Three of the complaint is dismissed.
That leaves Counts One (wrongfully collection practice), Two (quiet title), and Four (wrongful conversion). The Court agrees with JPMC's characterization that, in substance, each of these claims challenges Chase's standing to have enforced the note and mortgage in Florida through foreclosure proceedings. This, in turn, compels the Court to consider whether full faith and credit need be given the Florida state court rulings.
Pursuant to 28 U.S.C. § 1738, a full faith and credit provision, the Court must give the Florida rulings the same preclusive effect a Florida court would. Stochastic Decisions, Inc. v. DiDomenico, 995 F.2d 1158, 1170 (2d Cir. 1993); see also Estate of Keys v. Union Planters Bank, N.A., 578 F.Supp.2d 629, 635 (S.D.N.Y. 2008) (applying state law on res judicata to determine preclusive effect of foreclosure judgment on federal litigation). At least two doctrines accomplish this result here and preclude the remaining claims.
First, collateral estoppel, or issue preclusion, bars re-litigation of an issue where the "identical issue has been litigated between the parties or their privies." Gentile v. Bauder, 718 So.2d 781, 783 (Fla. 1998) (citations omitted). "The essential elements of collateral estoppel are that the parties and issues be identical, and that the particular matter be fully litigated and determined in a contest which results in a final decision of a court of competent jurisdiction." Weiss v. Courshon, 768 So.2d 2, 4 (Fla. Dist. Ct. App. 2000) (citations omitted). Collateral estoppel precludes the remaining claims against JPMC, because JPMC has submitted judicially-noticeable materials which establish that Plaintiffs and Chase litigated the very same holder in due course challenge brought here, in the Florida foreclosure proceeding. See Dekar Decl. Ex. B-F. In Florida, "[a] crucial element of any mortgage foreclosure proceeding is that the party seeking foreclosure must demonstrate that it has standing to foreclose." McLean v. JP Morgan Chase Bank Nat. Ass'n, 79 So.3d 170, 173 (Fla. Dist. Ct. App. 2012). Standing to foreclose requires that the plaintiff be a holder of the note. Deutsche Bank Nat. Trust. Co. v. Lippi, 78 So.3d 81, 83 (Fla. Dist. Ct. App. 2012). A holder in due course finding was thus essential to the Florida foreclosure judgment. Confirming that conclusion, the foreclosure complaint to which Plaintiffs defaulted specifically pleaded that Chase was a holder in due course. Bay Fin. Sav. Bank, F.S.B. v. Hook, 648 So.2d 305, 307 (Fla. Dist. Ct. App. 1995) ("Florida law recognizes that a default judgment, like a final adjudication on the merits, can have a preclusive effect upon subsequent litigation."). The Florida court also specifically rejected as meritless the contrary argument-that some "bifurcation" between note and mortgage made Chase a non-holder- which is an argument Plaintiffs expressly made in their motion to vacate. See Dekar Decl. Ex. E, F. Accordingly, because holder in due course, title, and standing issues were litigated fully and determined conclusively in Florida, as among the same litigants and by a court of competent jurisdiction, this Court finds that collateral estoppel precludes re-litigation of those issues here. This, in turn, undercuts all remaining claims because the gravamen of those claims is that Chase was not a holder in due course with title and standing to enforce the note and mortgage.
Second, and similarly, under the doctrine of res judicata, "a final judgment in a court of competent jurisdiction is absolute and settles all issues actually litigated in a proceeding as well as those issues that could have been litigated." Engle v. Liggett Grp., Inc., 945 So.2d 1246, 1259 (Fla. 2006). Four identities are required: "(1) identity in the thing sued for; (2) identity of the cause of action; (3) identity of the persons and parties to the actions; and (4) identity of the quality or capacity of the persons for or against whom the claim is made." Jasser v. Saadeh, 103 So.3d 983, 984 (Fla. Dist. Ct. App. 2012). Here, the principal "things sued for" are the mortgage value as reflected in the note and title to the real property which secured the mortgage loan. See Compl. ¶¶ 32 et seq. The assets and legal rights at issue are substantially identical to those at issue in the Florida foreclosure proceeding. Likewise, there is identity of the cause of action because, as discussed above, "facts essential to the maintenance of this federal action are identical to those facts which were essential to the maintenance of the prior state action." Leahy v. Batmasian, 960 So.2d 14, 17 (Fla. Dist. Ct. App. 2007). So too are the parties and capacities here identical to those in the Florida action. Accordingly, the Court finds that res judicata also applies and precludes the remaining claims.[2]
For the reasons stated above, the motion to dismiss is GRANTED and all claims against Chase Home Finance, LLC and JP Morgan Chase Bank, NA are dismissed with prejudice. The Clerk of Comt is respectfully requested to terminate the motion at docket number 9 and to terminate Chase Home Finance, LLC and JP Morgan Chase Bank, NA from this action. Plaintiffs shall show cause in writing by January 30, 2015 why the complaint should not also be dismissed with prejudice as to the sole remaining defendant, GSR Mo1tgage Loan Trust 2007-IF, for lack of proof of service.
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by Florrie Binford Kichler
It's 2010. Do You Know Where Your Benefits Are?
. . . and are you taking full advantage of them? Year after year, Americans list "Get out of debt" as one New Year's resolution on their top 10 list. Given the great economic meltdown of 2008–2009, it is safe to assume that many of us have taken on more debt than ever before, and will be spending the greater portion of 2010 (and beyond) trying to reverse that trend. What better way to do so than to look to your association's more than 30 money-saving benefits that can help lighten the financial load?
Fellow IBPA member Penny Paine did and saved a bundle; here's how:
I am writing to express my appreciation for the work of IBPA.
As a member since the 1980s I always look forward to the reports and current publishing information that IBPA offers. Last month I arranged for Paper Posie's inventory to be moved from Santa Barbara, CA, to Boulder, CO, and this required a big truck! I called Yellow/Roadway, received immediate and excellent service and, with my IBPA membership, a $500 discount! There are very few bright points in publishing at the moment but that was one of them. Thank you.
IBPA Members – Click here to view the full article (login required).
« Back to Independent Articles
From mailings to exhibits, see how IBPA's marketing programs help you grow your sales.Educational Opportunities
Attend a seminar, ask an expert, and get more free advice with our educational programs.Become a member
Access exclusive members-only benefits starting at just $10.


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FIX: Access Violation When Using Generate SQL Scripts Option in SQL Server Enterprise Manager
This article was previously published under Q245662
This article has been archived. It is offered "as is" and will no longer be updated.
In SQL Server Enterprise Manager, when you use the Generate Sql Scripts... menu item to generate scripts for all objects in a database with both Script Full Text Indexes and Create one File per Object selected from the Options tab, you may receive the following error message:
An error occurred during scripting.
ERROR 5: [SQL-DMO]Code execution exception: EXCEPTION_ACCESS_VIOLATION
ERROR 5: [SQL-DMO]Code execution exception: EXCEPTION_ACCESS_VIOLATION
To work around this problem, clear either Script Full Text Indexes or Create one File per Object.
Microsoft has confirmed this to be a problem in SQL Server 7.0. This problem has been corrected in U.S. Service Pack 2 for Microsoft SQL Server 7.0. For more information, click the following article number to view the article in the Microsoft Knowledge Base:
254561 INF: How to Obtain Service Pack 2 for Microsoft SQL Server 7.0 and Microsoft Data Engine (MSDE) 1.0For more information, contact your primary support provider.
Article ID: 245662 - Last Review: 10/22/2013 02:23:18 - Revision: 2.1
Microsoft SQL Server 7.0 Standard Edition
- kbnosurvey kbarchive kbbug kbfix KB245662


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Drive National Sales Strategy, Business Development and Major accounts management.
Digital + Print focus (on key Verticals) handling Sales Revenues of Rs 100 Crores.
Generate & exceed assigned Revenue targets per month
Execute & establish any new media solutions across platforms that is developed by the organization in the market to the key target clients in the region.
Pitch & cultivate new large accounts in the region.
Drive Annual deals, negotiate and finalize deals across Website, Mobile Site & Apps in the region.
Work strongly with Major clients and advertising agency with decision makers.
Graduate with a PG qualification in PGDBM / PGDBA or MBA from Leading Institutions.
33 38 years of age with a minimum of 10 -12 years Media or Solution Sales experience out which minimum 5 years in Digital Sales.
Existing relationship with large advertisers & media agencies is required.
Demonstrated success in consistently meeting and exceeding sales goals at National Level.
Go getter with hands-on sales approach.
Sales National Sales Digital Media Media Solutions Business Development Advertising Solution Sales Digital Sales Accounts Management


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KARUR VYSYA BANK RTGS HO Branch in HOSPET - Address, IFSC, MICR Code
KVBL0001328MICR Code
#241 KLS COMPLEX BELLARY ROAD CIRCLE HOSPET - 583201.City
What is IFSC Code of KARUR VYSYA BANK situated at HOSPET- RTGS-HO?
IFSC Code of KARUR VYSYA BANK situated at HOSPET - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


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Amethyst Claw, Left Half
47,609pages onAdd New Page
this wiki
this wiki
Ad blocker interference detected!
Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
Amethyst Claw, Left Half is a quest item in The Elder Scrolls V: Dragonborn.
Can be found on the corpse of a Draugr Deathlord inside Vahlok's Tomb.
Lost LegacyEdit
The Left Half of the Claw is used in conjunction with the right half to open the path towards the main chamber.


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TopAgencies @topagencies
RT @HudsonIntegratd: Did anyone lose an elf? We found this one dancing around our office today. https://t.co/wsG4FfM1yb
Top Interactive Agencies / Best Digital Agencies | December 10, 2016
We are Art Cube, a small yet powerful design studio based in Tel Aviv, Israel. We solve the big problems by building from the best ideas created by our superior team. We are the missing idea that you have always


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- Age / Gender:
- 21, Male
- Location:
- Czechia
- Joined:
- 10/26/08
- All Stats >
v0.7 23,222 lines of code
User Statshot
- Community Stats
Level 17 Programmer
Normal Whistle
Ranked as Pvt. First Class
Contact Info / Websites
Latest News
Combat from a game(may it see the light of day).
Guard and dog armies, dogs win it for red.
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|~Obstruction~ (Fixed)
|Techno Song
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|Video Game Song
Favorite Movies
My Childhood Nightmare Rated 4.2002 Stars A stop motion movie version of my childhood's nightmare Other Madness Unleashed Rated 4.1662 Stars Some OP cartoon characters killing lots of people Action REALM: Fraternization Rated 4.2176 Stars Madness REALM: Episode 3 Action Tech-Savvy Tektiti Rated 4.1908 Stars What could go wrong in a junkyard full of forgotten trinkets? Comedy - Original
Recent Game Medals
Das Ende 5 Points Die Medal Stats.
SECRET MEDAL 100 Points Unlock this medal to see it's details. Medal Stats.
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Ace of Spades 5 Points Get a single spade in a spin Medal Stats.
Three's Company 10 Points Win with three hearts. Medal Stats.
Orbox C. Medal 3 50 Points Break 100 ice cubes Medal Stats.
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SECRET MEDAL 5 Points Unlock this medal to see it's details. Medal Stats.
The Last Fantasy 25 Points Should've kept you Locke-d up Medal Stats.
Total Medals Earned: 1,543 (From 199 different games.)
Latest Audio Submissions
|Mad-n - ''Wake up''
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Favorite Games
Project Dimentia Bodhisattva Rated 3.8061 Stars Play as Aqua who can multiply, breath fire with 2 heads and brawl her foes to oblivion. Action - Fighting - Brawler The Awakening RPG Rated 4.2211 Stars Inspired by Final Fantasy and other great RPGs, this is the start of an epic adventure. Adventure - RPG Snailiad Rated 4.4734 Stars An 8-bit adventure! Explore Snaily World, and save the snails! Action - Platformer - Other Droid Assault Rated 4.0070 Stars Swarms of droids have been sent with one mission: To kill you! Action - Shooter - Multidirectional


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Compare Criminal Defense attorneys near you. Read reviews, see Avvo Ratings, and contact them directly.
5.0 stars 1 review
Avvo Rating: 10
Glenn Kritzer is an experienced, criminal trial and appellate attorney who for more than 35 years has handled complex criminal cases in state and federal courts throughout the United States. He has successfully defended individuals and corporation...
Practice areas & skills: Criminal Defense
5.0 stars 1 review
Avvo Rating: 10
Review: "May Cain is an amazing attorney that since the start has answered all my questions very clearly, complete and demonstrates a great knowledge in the case and in the best direction to go moving forward. I thank her for he...
Practice areas & skills: Criminal Defense, Litigation, Appeals, Family
5.0 stars 6 reviews
Avvo Rating: 10
Review: "Larry did a great job helping our family out with a case my son was involved in. Larry was on top of the case from the very beginning and understood how important resolving the matter was to our son's future. I woul...
Practice areas & skills: Criminal Defense, Federal Crime, Domestic Violence, Military Law, Appeals
5.0 stars 28 reviews
Avvo Rating: 10
I represent clients in need of legal representation for criminal, immigration, and personal injury cases. During my career as both a prosecutor and a defense attorney, I have handled thousands of cases. If there is one thing I have learned in th...
Practice areas & skills: Criminal Defense, DUI & DWI, Personal Injury, Immigration
If you are suspected of a crime or charged with a violation of law, you may require the services of a criminal defense attorney to present your defense or negotiate a penalty. As different rules and procedures exist for different offenses, you should seek a criminal defense attorney who has worked on your particular type of case to provide you with the best defense. An experienced criminal defense attorney knows what information the government will need to prove your guilt. The defense attorney will also know what information you need to prove your innocence, including whether there are any legal rules justifying your actions.


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Charming Marmoset Monkeys and Capuchin monkeys Available for adoption
Ad Details
Charming Marmoset Monkeys and Capuchin monkeys Available for adoption. Very sweet little monkeys. they are 4 months old. loves people and is diaper and leash trained. they are very friendly with other animals and kids. they are really smart and loves to suck on their toes while they are sleep. so well behaved that we do not cage them. they are very well behaved little monkey, very smart and needs more attention and time than we can currently provide. their prices are negotiable, but they must go to a loving home that has the time to devote to them. I have changed my mind several times about selling them, but since they are still very small and needs to be bonded I have decided to give them now. contact for more information.
Contact info
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Having unnecessary fat in different areas of your body can have a substantial effect on your health and self-confidence. While standard weight reduction through exercise and diet is an excellent way to slim down in general, even the very best exercises cannot target issue locations like the stomach, inner thighs, arms, and buttocks. Liposuction is a time tested treatment that is utilized to remove excess fat from specific locations of the body, permitting a specific to form and contour their body to their liking. Is liposuction right for you? Learn now.
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US: Campbell calm on commodity costs pressure
Campbell Soup Co. chief Douglas Conant insists the US food group will ride out rising commodity costs due to the "diversified" nature of its portfolio.
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Screen printing on cotton knitted t shirts available on round the clock basis. Any print on any garment... any quantity is possible. Please contact for your screen printing requirement. We are specialists in doing foil prints, high density prints, puff prints, non pvc prints and discharge printings.
Karpakaaram Tex
75, Anand Complex, Kangeyam Road, Tamil Nadu - 641604, India
We are offering embosse printing service.
Mithunram Tex
Tirupur, Tamil Nadu - 641 60, India
Deals in pre paid mobile recharging services, Bill Payment Services, Mobile Recharge Services, post paid mobile recharging services
Varnam Impex Trading Company
Varnam India Import & Exports, Globe Trade Center, Opp Hotel Velan, Kangeyam Road, Tamil Nadu - 641604, India
Deals in Offset Printing Services, Printing Services
Rakavendhra Graphics
# 4, Pillayar Koil Street, Kurmaranthapuram, Tirupur - 641602, Tamil Nadu, India, Tamil Nadu , India
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Sshri Prabha Tex Print
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Ss Deigner
27, Savthri Mansion, Amarjothi A.s. Nagar, Tamil Nadu - 641607, India
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Image Stones. Heat Transfer
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M/s. Green Colours
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Post your Buy Requirement
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Mithunram Texprints (p) Ltd
694/1, Chandrapuram, Near Usha Textile Mills, Dharapuram Road, Tamil Nadu - 641608, India
Deals in fabric label printing
Elite Printing Ink Company
47-kns Garden, 3rd Street, Rakiyapalayam, Nallur, Tamil Nadu - 641606, India


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Windows 8 upgrade and want to keep all data on old HD that has win 7
View Single Post
15 Nov 2012
Vista, Windows7, Mint Mate, Zorin, Windows 8
26,504 posts
Florida in winter, Black Forest/Germany
Why don't you make a data partition on the 1TB drive and move the data there. Then you have only the OS on C which you can easily delete (e.g. by reformatting the partition - not the whole disk). If I were you though, I would first make an image of this Windows7 - just in case you want to go back to it.
Also, make sure that you have no more than 3 primary partitions on the 1TB disk before you try to create an additional partition on it. Check that in Disk Management - that is the only place you will be able to check that. If in doubt, post a picture of your Disk Management here.
Once you are in your Windows8, you access the data partition (from Computer), right click on e.g. the Pictures folder and INCLUDE it into the Pictures library, etc.
PS: Congratulations for winning that SSD _ I wish I would ever be that lucky, LOL.
My System Specs
System Manufacturer/Model Number
HP, Dell, Gateway, Toshiba - 4 laptops and 2 desktops
Vista, Windows7, Mint Mate, Zorin, Windows 8
from 1.6GHz Duo to i7
Monitor(s) Displays
2x HP w2207
with trackball - no mices
Trackball mice
Hard Drives
5x HDD, 7x SSD, 12x Externals
Internet Speed
View Public Profile
Find More Posts by whs


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10 Freelance, Writer Jobs in Port Elizabeth, Eastern Cape
A strategic communications and design company in Port Elizabeth has a position available for a content developer, writer and researcher to work within the...from: Careers24 - 12 days ago
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Im looking for a travel writer. The rate for each 500 word article will range from R40 - R100 depending on skill level....from: Gumtree ZA - 10 days ago
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jobs by


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Watch Wyatt Earp's Revenge (2012) Free Online
Wyatt Earp's Revenge
IMDB Link:
Rating: 4.4/10 (1,196 votes)
Director: Michael Feifer
Writer: Jeffrey Schenck (story), Darren Benjamin Shepherd (screenplay), Peter Sullivan (story)
Stars: Daniel Booko, Matt Dallas, Shawn Roberts, Val Kilmer
Runtime: 93 min
Rated: PG-13
Year: 2012
Genre: Drama, Western
Quality: HD
Language: English
Released: 06 Mar 2012
|Plot: Story of a young Wyatt Earp before he became a lawman. When someone important to him is killed he sets out to find the one responsible. He is joined by some friends among whom are Bat Masterson and Doc Holliday.
Tip: If the video does not play, just reload the page after 2 minutes.


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News : NICE Solutions Selected by PT Bank Permata Tbk
Paramus, New Jersey, Nov 13, 2013 -- NICE Systems (NASDAQ: NICE) announces that PT Bank Permata Tbk (PermataBank), a private bank in Indonesia, is expanding its implementation of NICE solutions in its contact centers. The bank will use NICE's Service-to-Sales, Workforce Optimization, and PCI Compliance solutions to help address changing customer and business demands while lowering costs.
By implementing NICE Service-to-Sales, PermataBank will be able to identify and act on sales opportunities that arise during customer interactions. The solution identifies customer calls that are relevant for sales opportunities and guides agents through the entire sales process in real time - from offer presentation to order fulfillment - helping them increase up-sell and cross-sell conversion rates and improve sales effectiveness.
PermataBank will also use NICE Interaction Management and Desktop Analytics to capture customer interactions and analyze agent desktop activity for compliance with the Payment Card Industry Data Security Standard (PCI-DSS).
As well, the bank selected the NICE Quality Management and Workforce Management solutions, part of the NICE WFO suite, to improve operational efficiency and quality of service. These solutions allow contact center managers to forecast staffing needs, manage agent scheduling, and track performance for an efficient, effective call center with productive employees who are well prepared to handle customer interactions.
"NICE's technologies are in line with our vision to deliver innovative financial solutions to our customers in order to continue growing our business and maximizing revenues," said Bernard Lokasasmita, Senior Vice President, Service Quality, Operational Excellence & Call Center, PermataBank. "We selected NICE due to its domain expertise and broad vision, which enable us to leverage its solutions for workforce optimization, process enhancement, and customer experience."
"NICE is committed to helping PermataBank achieve its business goals by delivering tailored solutions for customer interaction management," said Sherie Ng, Managing Director, NICE South East Asia. "NICE brings world-class technologies and domain expertise to global banking and financial institutions. We are proud to have been chosen by PermataBank to play a key role in helping them to get closer to their customers in order to deliver an excellent customer experience, drive operational and compliance objectives, and improve revenue growth."
Posted by Veronica Silva Cusi, news correspondent
Source: http://www.4-traders.com
Related Editorial
- NICE Introduces Proactive Compliance Suite for Financial Institutions
- NICE Workforce Management Reduces Costs and Increases Productivity for Oi Telecom Group
- NICE Named Leading Contact Center Workforce Optimization Vendor
- NICE Positioned as a Leading Workforce Optimization Vendor
- NICE Receives Frost & Sullivan Market Share Leadership Award
- NICE Workforce Management Implemented at Air China
More Editorial From NICE Systems
- NICE Solutions Honored by The Trade with Best Compliance Technology Award
- NICE Actimize Recognized by Chartis
- NICE Helps Metro Nashville Department of Emergency Communications
- NICE Adaptive WFO Winner of the Technology Innovation Award
- NICE Engage Approved for HIPAA Compliance
- NICE Awarded for Innovation in Emerging Technologies by Saddletree Research
About NICE Systems:
NICE (NASDAQ: NICE), is a worldwide provider of intent-based solutions that capture and analyze interactions and transactions, realize intent, and extract and leverage insights to deliver impact in real time. Driven by cross-channel and multi-sensor analytics, NICE solutions enable organizations to improve business performance, increase operational efficiency, prevent financial crime, ensure compliance, and enhance safety and security. NICE serves over 25,000 organizations in the enterprise and security sectors, representing a variety of sizes and industries in more than 150 countries, and including over 80 of the Fortune 100 companies.
About PT Bank Permata, Tbk.:
PermataBank (or Bank Permata) is the tenth biggest bank in Indonesia at 2010.
Published: Wednesday, November 13, 2013


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Farmhouse and Cottage in Le Ferre, Ille-et-Vilaine, Brittany, France - Only 30 Mins To Sandy Beaches
A traditional Breton stone longere (farmhouse). Architect designed conversion and modernisation with home comforts and retaining older world features such as massive oak beams and fireplace. Restored to a very high standard for our family to live in and possibly retire to. Situated on the border of Brittany and Normandy just 15 mins from Mont St Michel and quite near many tourist attractions. Europeans largest medieval castle at Fougeres is only 15 mins away and there are many small towns and villages to explore, plenty of walking and cycling. Great French neighbours who enjoy meeting the visitors, a very friendly region. Only 30 mins to the nearest beach. Perfect for family holidays. So much to do.
Details for holiday Bas Brezel Cottage Sleeps 8 (4 Bedrooms), 4 Bedrooms, Sleeps 8, 2 Bathrooms
Large comfortable cottage with exposed beams and stone work
Top Traveller Review
Lovely gite
If you're coming from Calais (from the UK), allow at least 6 hours for traffic and tolls. (Best to cross via Caen or St Malo instead.)
The owner has left a detailed folder of places to visit, which helped us greatly.
The best food was found in the little cafe in Antrain forest (near the zip-wires). St Malo is also great for food.
St James has a great mini-supermarket (like a big co-op) and is only five minutes drive away.
We would love to return.
About the Owner
I work as a respiratory nurse in the NHS in London. Having done years of the hard work I am now lucky enough to be part-time and can go to France more often! I have 2 kids and am married to somebody who appreciates my DIY enthusiasm, I am constantly re-decorating my house and when its all done I start again. I speak French quite well enough to get on with the neighbours and used to go to French lessons - not needed now! I adore my 2 cats and wish I could take them on holidays with me. I am vegetarian and my next goal in life is to start growing my own vegetables. A greenhouse has been bought from e bay and I am now busy reading up on how to transform seeds to veggies.
Guestbook comments from the owner
There are guests books in the properties - most people commented on having such a clean, well equipped house. Please check it out for yourselves
1 Reviews
1 holidaymaker review
Lovely gite
We had a great time in the spacious cottage of the two properties. A very quiet, clean, well-equipped holiday house. The owner is very helpful when booking, and has provided a great selection of books and films in addition to everything you require in the kitchen, etc. Beds are very comfy, the place is easy to find and matches the descriptions and photos perfectly.
If you're coming from Calais (from the UK), allow at least 6 hours for traffic and tolls. (Best to cross via Caen or St Malo instead.)
The owner has left a detailed folder of places to visit, which helped us greatly.
The best food was found in the little cafe in Antrain forest (near the zip-wires). St Malo is also great for food.
St James has a great mini-supermarket (like a big co-op) and is only five minutes drive away.
We would love to return.
From the Owner
"I read Peter Mayle's book "A Year in Provence" and wanted to have that much fun too and we did! It was difficult to chose a region as I love most of France and the regions are so varied. what finally made my mind up was ease of getting to Brittany. We can be door to door from London in 7.15 house (going fast!) The area is beautiful, green and hilly like Cornwall. We can choose from the sandy beaches of Brittany or Normandy and in summer the sun doesn't go down until 8pm so its great for BBQs. If you have 2 weeks here you still won't have chance to do everything, there's so much to do. Feel rejuvenated and healthy holidaying here, the food is yummy and the cheapest in France. Le Kasteller - our favourite local restaurant does 3 courses with a bottle of wine for Euro 11 at lunch."
Activity and Interests
Special interest holidays:
Tennis courts free in the local village of Le Ferre. a riding school is locally available and many people do the walk across the Bay of Mont St Michel by foot. Easy to book
Genets is nearest at 20 mins by car. The most popular is Carolles Plage, 30 mins by car, they have a small restaurant and the beach is patrolled, has interesting rock pools and cliffs
Rennes 50 mins, Dinard, served by Ryanair is 1 hr away.
Drive from calais is 4.15 hours, Caen 1.15 hours
Car essential
Walking distance to Le Ferre, 3km to St James, 15 mins to Mont st Michel and the Alligatorland. 1.15 hours to landing beaches, 1 hr to Dinan, St Malo. ONly 10 mins to the Parc Floral de Haut Bretagne. American Military Cemetary in St James - fascinating and sad.
Further Details:
3km to St James with the best patisserie, the monsieur gets up and starts baking at 5am! Delicious. Thierry Le Blanc has a huge boucherie - sells an amazing array of meats and now - prepared meals - very fresh produce made in-house. Good pizzeria next door to this and there are 3 very well established restaurants in the town all worth a visit and great service - Le Lion D'Or run by Didier, the st James and the Hotel Normandie. St James has everything - hairdressers, pharmacies, bars, tourist information - we could live there!
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
1 Nov 2016 - 31 Mar 2017
Changeover Day: Saturday
7 night minimum stay
for 7 nights
Additional pricing information
|No additional mandatory fees
Booking Notes:
Happy to take bookings by e mail or phone. 25% required as deposit. 8 weeks before departure the final balance is paid along with a refundable £100 breakages deposit which I usually hold as a cheque.
Changeover Day:
Saturday - arrive after 4pm and check out by 10 am
Owner's Cancellation Policy
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
From the Owner
"Bas Brezel is an old longere farm now divided into 2 properties, solid granite walls and I wish I could have it here in the UK. The area is quiet and down its own private lane so no traffic, perfect to let our kids go off and explore and so peaceful at night. You have the option of renting either or both the houses. the setting in countryside and the orchard has an above-ground pool for summer, it is well used and cleaned regularly. A manager lives nearby, keeping the inside very particularly clean. The tiny village has a boulangerie you can walk to, but the town of St James with supermarkets is only 3km away. 30 mins to the nearest beach and within an hour of 2 zoos, Dinan, St Malo, Rennes, 4 golf courses. Landing beaches 1.5 hrs. Floral park, tennis and aqua splash very near."
Pool / Spa
- Outdoor Pool
Location Type
- rural
- village
- Bathroom 1 - Toilet, Bath (no shower), Shower Enclosure, Bidet
- Shower room 1 - Shower Enclosure
- 4 Bedrooms, Sleeps 8
- Bedroom 1
- Bedroom 2
- Bedroom 3
- Bedroom 4
- Golf ...
- Notes on accommodation: All linen and freshly laundered towels are provided. Full clean provided before arrival on a Saturday - check in at 4pm and out by 10am. Convenient access is by a key coded box so timing is flexible. Sorry, no pets or smoking inside the properties Outside: Guests share the garden/orchard in front of the property, of approximately 1 acre. there are a few swings and a slide in the apple orchard and plenty of space to run around. Surrounded by a hedge and traffic-free, no nearby public road. There is a 3.5m splash pool above ground by 1.4 metres - large enough for a few people to swim in and ideal to cool down on hot days in summer, it is not heated. Each property has outdoor BBQ area and outdoors table and chairs. there is a shared garage where wood and pool stuff is stored. Enough parking for many cars.


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