IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED No. 19-30279 December 19, 2019 Summary Calendar Lyle W. Cayce Clerk STEVEN D. FODGE, Individually and as representative on behalf of all similarly situated persons; JOSEPH E. CAREY, Individually and as representative on behalf of all similarly situated persons; JON A. TOKAY, Individually and as representative on behalf of all similarly situated persons; PAMELA R. JEFFCOAT, Individually and as representative on behalf of all similarly situated persons; ANDREW J. KALTENMARK, Individually and as representative on behalf of all similarly situated persons; LANCE K. INOVEJAS, Individually and as representative on behalf of all similarly situated persons; DEBORAH A. INOVEJAS, Individually and as representative on behalf of all similarly situated persons,

Plaintiffs - Appellants v. TRUSTMARK NATIONAL BANK; OCWEN LOAN SERVICING, L.L.C.; BARKSDALE FEDERAL CREDIT UNION; PENNYMAC LOAN SERVICES, L.L.C.; BANK OF AMERICA, N.A.; PHH MORTGAGE CORPORATION,

Defendants - Appellees

Appeal from the United States District Court for the Western District of Louisiana Case: 19-30279 Document: 00515243203 Page: 2 Date Filed: 12/19/2019

No. 19-30279 Before KING, GRAVES, and WILLETT, Circuit Judges. JAMES E. GRAVES, JR., Circuit Judge: Appellants Steven D. Fodge, Joseph E. Carey, Jon. A. Tokay, Pamela R. Jeffcoat, Andrew J. Kaltenmark, Lance K. Inovejas, and Deborah A. Inovejas appeal from the district court’s orders granting Appellees Ocwen Loan Servicing, LLC; Barksdale Federal Credit Union; Pennymac Loan Services, L.L.C.; Bank of America, N.A.; and PHH Mortgage Corporation’s motions to dismiss and Appellee Trustmark National Bank’s motion for judgment on the pleadings. We AFFIRM. I. Appellants brought a putative class action at the district court, alleging that they and similarly situated individuals were on active duty with the military when Appellees variously foreclosed on their properties through executory proceedings in Louisiana state courts based on mortgage, privilege, or security agreements each plaintiff and putative class member had entered with one of the defendants. Appellants conceded that each of their agreements contained a clause importing a confession of judgment. Nonetheless, Appellants alleged that Appellees’ foreclosure actions were in violation of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3901, et seq., which provides active duty servicemembers with protections against default judgment absent a waiver that meets certain requirements. 50 U.S.C. §§ 3931 (setting out protections against default judgment) and 3918 (providing the requirements for waiving SCRA protections). Appellants sought damages and declaratory and injunctive relief on behalf of themselves and the putative class. Each appellee, except for Trustmark National Bank, filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). The district court granted the motions, dismissing the claims against these appellees with prejudice. Subsequently, Trustmark National Bank filed a motion for 2 Case: 19-30279 Document: 00515243203 Page: 3 Date Filed: 12/19/2019

No. 19-30279 judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c), arguing that the c