MEMORANDUM & ORDER Plaintiff Home Point Financial Corporation (“Home Point”) brings this action against Bliss Home Funding Corp. (“Bliss”), Mariah Grossman, Brent J. Kaufman, Law Firm of Omar Chaudhry, PLLC (the “Law Firm”), and Muhammad Omar Qayyum Chaudhry, asserting breach of contract, negligence, negligent misrepresentations, breach of fiduciary duty, tortious interference with contractual relations, conversion, and other state law claims. (See generally Complaint (“Compl.”), Dkt. 1.) Defendants Bliss and Grossman (collectively, the “Bliss Defendants”) now move to dismiss Plaintiff’s claims against them. For the reasons stated below, the Court denies the motion. BACKGROUND I. Relevant Facts1 Plaintiff “is in the business of underwriting, funding and servicing residential mortgage loans including in the State of New York.” (Compl., Dkt. 1, 9.) Defendant Bliss “is a mortgage broker [] in the business of originating residential mortgage loans and has originated residential mortgage loans” for Plaintiff. (Id. 10.) Grossman is the owner and president of Bliss. (Id. 18.) During the process for becoming an approved broker for Home Point, Bliss provided Plaintiff with “a copy of its Anti-Money Laundering Policy, its Quality Control Plan and its Identity Theft Prevention Program.” (Id. 12.) Bliss assured Plaintiff that its policy was to review “legal and closing documents” to confirm that Home Point’s closing instructions were followed. (Id. 13.) On August 8, 2018, Plaintiff “entered into [a] Wholesale Mortgage Broker Agreement[]” with Bliss. (Id. 15.) Under the agreement, Bliss was to “provide Home Point with loan application packages for Home Point to review and decide whether it would accept and fund the loans.” (Id. 19.) Bliss represented, inter alia, that [Bliss] possesse[d] the requisite qualifications and staff to originate Loans and conduct business pursuant to [the agreement]…. …. The Loan Application Packages submitted by [Bliss] to [Home Point] do not contain any material or clerical errors, omissions, misrepresentations, untrue statements, falsified or incomplete documents or exhibits, misleading explanations, negligence, identity theft, fraud, or evidence of illegal activity or similar misconduct by [Bliss], its officers, agents and employees, the borrowers, seller, realtor, appraiser, title company, settlement/closing agent, home inspector, builder or any other party involved in the Loan…. …. …[Bliss] has made full, truthful and accurate disclosure to [Home Point] of all facts, information and documentation pertaining to its submission of any Loan Application Package and is unaware, does not know or suspect, or have constructive notice of adverse circumstances or issues which could impact the integrity, salability or the ability of the Loans resulting from any Loan Application Package to be securitized by any agency or investor or which may otherwise have any bearing on [Home Point's] decision to accept the Loan Application Package. (Exhibit (“Ex.”) A, Dkt. 1-1, at 3-4.) Bliss also agreed to indemnify damages and losses arising out of or related to (i) [Bliss's] breach of any representation, warranty or covenant set forth in this Agreement; (ii) [Bliss's] failure or omission to perform any obligation set forth in this Agreement; and (iii) any fraud (whether active fraud or fraudulent omission) or misrepresentation found to exist in any Loan or any documents related to the Loan or utilized in any way during the origination process. (Id. at 5.) For three of the loans submitted by Bliss and funded by Plaintiff, Bliss failed to 1) ensure the integrity of the loans submitted to Home Point for funding, 2) ensure compliance with Home Point’s closing instructions after Home Point accepted a loan for funding by failing to ensure that the loan was secured by a first priority lien on the collateral, 3) select a closing agent that would comply with Home Point’s closing instructions, and 4)…detect the failure to payoff prior mortgage liens as part of its post-closing quality control review. (Compl., Dkt. 1, 21.) In each instance, the loan applicant applied for a mortgage loan to refinance a prior mortgage loan and provided a payoff statement for the prior loan before closing. (Id.
22, 26, 37, 41, 54, 58.) Bliss selected Defendants Chaudhry and/or the Law Firm to serve as the closing agent for the three loans. (Id.
