Here, CLS identifies as a bank, (CLS Mot. at 11), and Shellpoint identifies as a mortgage servicer, (Shellpoint Mot. at 23). This Court has recognized that “[b]anks typically do not have a fiduciary duty to their customers.” Jones v. Specialized Loan Servicing, LLC, 2023 WL 1442435, at *7 (quoting Spaulding, 714 F.3d at 778. Further, under Maryland law, a mortgage servicer does not owe a borrower a duty in tort. See Green v. Wells Fargo Bank, N.A., 927 F.Supp.2d 244, 253 (D.Md. 2013), aff'd, 582 Fed.Appx. 246 (4th Cir. 2014).
The complaint must also be dismissed under Rule 12(b)(6). To establish a negligence claim under Maryland law, a plaintiff must prove “(1) that the defendant was under a duty to protect the plaintiff from injury, (2) that the defendant breached that duty, (3) that the plaintiff suffered actual injury or loss, and (4) that the loss or injury proximately resulted from the defendant's breach of the duty.” Jones v. Specialized Loan Servicing, LLC, No. 22-CV-1987, 2023 WL 1442435, at *7 (D. Md. Feb. 1, 2023). The parties do not address which law-Maryland or New York-applies to the plaintiff's FTCA claims.
To state a claim for common law fraud in Maryland, a plaintiff must allege "(1) that the defendant made a false representation to the plaintiff, (2) that its falsity was either known to the defendant or that the representation was made with reckless indifference as to its truth, (3) that the misrepresentation was made for the purpose of defrauding the plaintiff, (4) that the plaintiff relied on the misrepresentation and had the right to rely on it, and (5) that the plaintiff suffered compensable injury resulting from the misrepresentation." Jones v. Specialized Loan Servicing, LLC, 2023 WL 1442435, *5, 2023 U.S. Dist. LEXIS 17672, *11-12 (D. Md. Feb. 1, 2023) (citing Galante, 2014 WL 3616354 at *22, 2014 U.S. Dist. LEXIS 98049 at *80).
In view of the myriad deficiencies discussed above, however, the Court concludes that “amendment is inappropriate here and would be futile[.]” Jones v. Specialized Loan Servicing, Civ. No. RDB-22-1987, 2023 WL 1442435, at *8 (D. Md. Feb. 1, 2023). Accordingly, McMillan's claims are dismissed with prejudice and the dismissal Order that will issue will be “final and appealable.”