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Peck v. Ocwen Loan Servicing, LLC

United States District Court, E.D. Michigan, Southern Division

October 13, 2017

SCOTT C. PECK and THAIS PECK, Plaintiffs,
v.
OCWEN LOAN SERVICING, LLC, INDYMAC MORTGAGE SERVICING, and FEDERAL NATIONAL MORTGAGE ASSOCIATION, Defendants.

          MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC. 45)

          AVERN COHN UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         This is an FDCPA case. Plaintiffs Scott C. Peck and Thais Peck (Plaintiffs) are suing Defendants Ocwen Loan Servicing, LLC (Ocwen), IndyMac Mortgage Servicing (Indymac), and Federal National Mortgage Association (Fannie Mae). Plaintiffs say they were not notified that their mortgage was assigned from Indymac to Ocwen, which caused them to make payments to the incorrect mortgage servicer for four months. Plaintiffs also say they informed Ocwen that they had made the four payments to Indymac, and that Ocwen failed to search for the missing payments after representing that it would do so. As a result, Plaintiffs became delinquent on the loan and Defendants instituted foreclosure proceedings and scheduled a sheriff sale. Plaintiffs claim that Defendants have committed the following violations:

. Count I: Statutory Conversion
. Count II: Common Law Conversion
. Count III: Violation of Federal Debt Collection Practices Act (FDCPA), codified at 15 U.S.C. §§ 1692f(1), 1692d, 1692d(5), 1692e, 1692e(2), 1692e(10)
. Count IV: Fraud/Misrepresentation
. Count V: Breach of Covenant of Good Faith and Fair Dealing
. Count VI: Slander of Title
. Count VII: Breach of Mortgage Agreement
. Count VIII: Tortious Interference with a Contract
. Count IX: Violation of Real Estate Settlement Procedures Act (RESPA), codified at 12 C.F.R. § 1024.33, 12 U.S.C. § 2605(e)(2)(C)(i), 24 C.F.R. § 3500.21(e)(3)(ii)(B), 15 U.S.C. § 1639(j), 15 U.S.C. § 1640(a)(4), 12 U.S.C. § 2607(d)
. Count X: Violations of Michigan Foreclosure Laws
. Count XI: Relief from Sheriff Sale and/or Set Aside Foreclosure
. Count XII: Quiet Title
. Count XIII: Declaratory and Injunctive ...

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