UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
PETER J. MESSITTE 6500 CHERRYWOOD LANE
UNITED STATES DISTRICT JUDGE GREENBELT, MARYLAND 20770
301-344-0632
MEMORANDUM
TO: Mr. Troy Bullock and Ms. Nicole Bullock
7104 Sudley Avenue
Brandywine, MD 20613
Counsel of Record for Pulte Home Corporation
Counsel of Record for MERSCORP Holdings, Inc.
FROM: Judge Peter J. Messitte
RE: Bullock, et al. v. Pulte Home Corp., et al.
Civil No. PJM 15-903
DATE: February 16, 2016
* * *
The Court has reviewed this case, which essentially boils down to the allegation that after
Plaintiffs, Troy and Nicole Bullock, paid off their mortgage, the Deed of Trust was released, but
they never received their promissory note marked “paid,” as required by the terms of their Deed
of Trust. See ECF No. 2, Compl. ¶¶ 3, 33.
Defendants Pulte Home Corporation and MERSCORP Holdings, Inc. (“MERSCORP”) have
filed Motions to Dismiss, claiming no interest in or liability for the Bullocks’ mortgage due to
their parent/subsidiary relationship with the lender and beneficiary of the Deed of Trust,
respectively. See ECF Nos. 18, 21.
On the other hand, Defendants Pulte Home Corporation and MERSCORP appear to agree with
the Bullocks to the extent that, on the Deed of Trust, the lender is listed as CTX Mortgage
Company, LLC (“CTX”), a subsidiary of Pulte Home Corporation, and the beneficiary is listed
as Mortgage Electronic Registration System, Inc. (“MERS”), a subsidiary of MERSCORP.
In response to Defendants’ Motions to Dismiss, the Bullocks have filed an Amended Complaint,
ECF No. 27, which they assert is timely, but which Pulte Home Corp. has moved to strike as
untimely and filed without leave of the Court, ECF No. 28. In the Amended Complaint, the
Bullocks seek to add four corporate Defendants that are subsidiaries of the named Defendants:
PulteGroup, Inc., Centex Corporation, CTX Mortgage Company, LLC., and Mortgage Electronic
Registration System, Inc. (“MERS”).
Case 8:15-cv-00903-PJM Document 39 Filed 02/16/16 Page 1 of 2
This is not a complicated case, but everyone seems to be on the way to making it one. The
Bullocks have not suffered any cognizable damages. The only issue is the return of the
Promissory Note marked “paid.”
Before the Court rules on Defendants Pulte Home Corporation’s and MERSCORP’s Motions to
Dismiss, and/or permits service on four new Defendants—PulteGroup, Inc., Centex Corporation,
CTX, and MERS—the Court directs that the current Defendants exercise any authority or ability
they may have to obtain the paid Note from subsidiaries and return it to the Bullocks. Whether
or not Defendants are legally obligated to secure the return of the Note, this approach should
resolve the` case while conserving time and resources.
Accordingly, the Court asks Defendants Pulte Home Corporation and MERSCORP to
RESPOND in ten (10) days, indicating whether they will cooperate as requested. This request
is one that the Court believes is sensible in the case, all things considered. Should Defendants
not concur, the Court will take appropriate further action regarding the pending Motions.
Despite the informal nature of this ruling, it shall constitute an Order of the Court and the Clerk
is directed to docket it accordingly.
/s/
PETER J. MESSITTE
UNITED STATES DISTRICT JUDGE
cc: Court File
cc: Mortgage Electronic Registration Systems, Inc.
1818 Library Street STE 300
Reston, VA 20190
PulteGroup, Inc.
40 Technology Parkway South, #300
Morcross, GA 30092
Centex Corporation
211 E. 7
th
Street Suite 620
Austin, TX 78701
CTX Mortgage Co., LLC
211 E. 7
th
Street Suite 620
Austin, TX 78701
Case 8:15-cv-00903-PJM Document 39 Filed 02/16/16 Page 2 of 2
