ORDER & OPINION Plaintiff Grace Borrani (“Plaintiff”), proceeding pro se, commenced this action on February 19, 2020, alleging claims against Nationstar Mortgage LLC (“Nationstar”) after it won a foreclosure action against her in 2016, including violations of 42 U.S.C. 1983 (“Section 1983″), the Racketeering Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §1961, the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §1692, the Truth-In-Lending Act (“TILA”), 15 U.S.C. §1601, the Real Estate Settlement Procedures Act (“RESPA”), Title 12 U.S.C. §§2601-2617, 12 C.F.R. §§226-1026 (“Regulation Z”), Wire Fraud and Fraud and Deceit, 18 U.S.C. §§1343 and 1503, as well as common law claims for unjust enrichment and intentional and/or negligent infliction of emotional distress.1 (ECF No. 1.) Presently before the Court is Nationstar’s motion to dismiss the Complaint. (ECF No. 11.) For the following reasons, Nationstar’s motion is GRANTED. BACKGROUND The following facts are taken from Plaintiff’s Complaint and the documents incorporated by reference or integral to the Complaint2, and are construed in the light most favorable to Plaintiff and accepted as true for purposes of this motion. On February 21, 2006, GreenPoint Mortgage Funding, Inc. (“Greenpoint”) advanced to Plaintiff $463,900.00 in an adjustable rate note (the “Note”). (Compl. 39; Declaration of Charles H. Jeanfreau, Esq. in Support of Motion to Dismiss Second Amended Complaint (“Jeanfreau Decl.”) ECF No. 12 Ex. A.) On this same date, Plaintiff executed a mortgage (the “Mortgage”) in favor of Mortgage Electronic Registration Systems, Inc. (“MERS”), securing the advanced sums with her property at 144 Lee Avenue, Yonkers, New York 10705 (the “Property”). (Jeanfreau Decl. Ex. B.) The Mortgage was recorded in the Office of the County Clerk of Westchester County on May 16, 2006. (Compl. 40.) On August 21, 2013, MERS assigned the Mortgage to Nationstar, and the assignment was recorded with the Office of the County Clerk of Westchester County on September 12, 2013. (Id. 48; Jeanfreau Decl. Ex. C.) On December 4, 2013, Nationstar filed a foreclosure action against Plaintiff for the Property (the “Foreclosure Action”), and a judgement of foreclosure and sale was issued by the Supreme Court of the State of New York, County of Westchester on December 5, 2016. (Compl.
14; 34.) Nationstar is now attempting to sell the Property in a foreclosure sale. (Id. 37.) Plaintiff makes a variety of allegations regarding the Mortgage, relevant documents, and Nationstar’s business practices, including (i) the Mortgage documents were fraudulent and therefore void, and the assignment from MERS is void as she was never notified of any change to the mortgage contract she originally signed; (ii) Nationstar attempted to evade liability for lending law violations; (iii) the Mortgage loan was originated from non-capitalized brokers or sellers of loan products which was withheld from her; (iv) her signature, name, reputation, and home is being used as part of a “securitization scheme” where the loan labeling is misleading as the originator nor warehouse lender have any risk of loss; (v) she was not advised that the loan is no longer a part of the “system in which money supply increases”; (vi) Nationstar has never produced the original Note; and (vii) the Note was paid in full and then destroyed and no longer exists. (Id.
