X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM OPINION AND ORDER Chaim B. Tescher (“Plaintiff”) brings this action against Experian Information Solutions, Inc. (“Experian”), PHH Mortgage Services (“PHH”), Credit Plus Inc. (“Credit Plus”), and LoanDepot.com LLC (“Defendant”) for violating the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §1681 et seq. (See Doc. 25, “FAC”). Experian, PHH, and Credit Plus have filed Answers to the First Amended Complaint. (See Doc. 29 (Experian); Doc. 30 (PHH); Doc. 31 (Credit Plus)). Defendant, on the other hand, presents two motions for adjudication. First, Defendant moves under Federal Rule of Civil Procedure 12(b)(6) to dismiss the claim asserted against it. Defendant served its motion papers on July 19, 2021 (Doc. 39; Doc. 40, “Dismiss Br.”), Plaintiff served his opposition brief on August 17, 2021 (Doc. 42, “Dismiss Opp.”), and that motion was briefed fully with service of Defendant’s reply memorandum of law in further support of its motion on August 24, 2021 (Doc. 41, “Dismiss Reply”).1 Second, Defendant moves under Federal Rule of Civil Procedure 11 for sanctions against Plaintiff’s counsel. Defendant filed those motion papers on August 26, 2021 (Doc. 43; Doc. 44 “Sanction Br.”; Doc. 45), Plaintiff’s counsel filed his memorandum of law in opposition on September 20, 2021 (Doc. 51, “Sanction Opp.”), and that motion was briefed fully with the filing of Defendant’s reply papers on September 27, 2021 (Doc. 52, “Sanction Reply”). For the reasons set forth below, the motion to dismiss is GRANTED IN PART and the motion for sanctions is DENIED. BACKGROUND Defendant, at some point, serviced Plaintiff’s mortgage account. (FAC 7). After Defendant began servicing the mortgage account, “[o]n a date better known by [Defendant], but sometime in 2018 or 2019,” it transferred its account servicing responsibilities to PHH. (Id. 8). PHH thereafter serviced the mortgage under a different account number. (Id.

7, 9). In December 2018 — which may be before or after the servicing duties were transferred to PHH — Plaintiff “was 30 days late…on his mortgage.” (Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›