2by the Home Owners’ Loan Act (“HOLA”), 12 U.S.C. §§ 1461-1700,and its implementing regulations, 12 C.F.R. §§ 500-99.
On January 6, 2011, the Dixons initiated this civil actionin the Massachusetts Superior Court sitting in and for the Countyof Plymouth, Civil Docket No. PLCV2011-00015, by filing a“Verified Complaint for Injunctive Relief, Specific Performanceand Damages.” Compl., Ex. A, ECF No. 1-1; Summons & OrderNotice, Ex. D, ECF No. 1-4. They also filed an ex parte motionfor a temporary restraining order. TRO, Ex. B, ECF No. 1-2.After an initial continuance, the hearing on that motion was heldon February 14, 2011, and the Superior Court issued a preliminaryinjunction, enjoining Wells Fargo from prosecuting theforeclosure action it had filed against the Dixons until furtherorder of the court. Sup. Ct. Civ. Dkt. 3-4, Ex. C, ECF No. 1-3;Order Prelim. Inj., ECF No. 4. At the present time, thepreliminary injunction remains in effect. Mem. Opp’n Pls.’ Mot.Remand 1, ECF No. 13.On March 4, 2011, Wells Fargo removed the action to theUnited States District Court for the District of Massachusetts.Notice Removal, ECF No. 1. Wells Fargo filed its motion todismiss the Dixons’ complaint on April 11, 2011. Def.’s Mot.Dismiss, ECF No. 5; Mem. Supp. Def.’s Mot. Dismiss (“Def.’s Mem.Supp.”), ECF No. 7. The Dixons opposed Wells Fargo’s motion and