Plaintiff’s claims arise out of defendants’ alleged offering of a loan modification while defendants, without giving further notice to plaintiff, continued to pursue a foreclosure action. Although plaintiff’s claims involve important state interests, since plaintiff seeks only monetary damages, the court cannot dismiss plaintiff’s claims under Younger v. Harris, 401 U.S. 37 (1971). Instead, on its own motion, the court will stay this action pending the resolution of the underlying state court action.
Defendants’ motion to dismiss is denied, with leave to refile the motion at a later date.
Whitt v. Seterus, Inc. (Lawyers Weekly No. 002-054-18, 10 pp.) (Margaret Seymour, S.J.) 3:17-cv-01753; Jeff Griffith III and Richard Lee Whitt for plaintiff; Graham Howard Claybrook for defendants. D.S.C.