Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Stephan AYRES; Angela Ayres, Plaintiffs - Appellants, v. PHH MORTGAGE CORPORATION, Successor to Ocwen Loan Servicing, LLC; Ocwen Loan Servicing, LLC; Bank of New York Mellon, N.A., as Trustee for the Registered Holders of Salomon Brothers Mortgage Securities VII, Inc., Defendants - Appellees.
Stephan and Angela Ayres appeal the district court's order granting Appellees’ motion to dismiss and dismissing the Ayreses’ complaint asserting claims related to mortgage fraud. We have reviewed the record and find no reversible error. Accordingly, we modify the district court's dismissal order to show that it is without prejudice and affirm as modified on the reasoning of the district court. Ayres v. PHH Mortg. Corp., No. 8:20-cv-00275-GJH, 2020 WL 3498158 (D. Md. June 29, 2020); see King v. Rubenstein, 825 F.3d 206, 225 (4th Cir. 2016) (holding that, where district court neither gave plaintiff the opportunity to amend nor stated why amendment would be futile, dismissal should be without prejudice). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED AS MODIFIED
PER CURIAM:
Affirmed as modified by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 20-1735
Decided: May 27, 2021
Court: United States Court of Appeals, Fourth Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)