Turner v. JP Morgan Chase Bank, N.A.

Filing 21

MEMORANDUM Signed by Judge J. Frederick Motz on 4/23/14. (c/m 4/23/14 cags, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

MICHELLE A. TURNER

v.
JPMORGAN CHASE BANK, N.A.

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Civil No. – JFM-14-576

MEMORANDUM

Defendant has filed a motion to dismiss. Plaintiff has not responded to the motion after
being advised of the consequences of a failure to do so. The motion will be granted.
1. Any breach of contract claim based upon the failure of defendant to accept checks
tendered by plaintiff to bring her mortgage payments up to date is barred by
limitations. The statute of limitations began to run in October 2010. This action was
instituted more than three years later, in December 2013.
2. A borrower has no private right of action, either directly or as a third party
beneficiary, under the Home Affordable Modification Program. See Bowers v. Bank
of America, N.A., 905 F.Supp. 2d 697, 701 (2012); Hart v. Countrywide Home Loans,
Inc., 735 F.Supp 2d 741, 748 (E.D. Mich. 2010).
3. Plaintiff has not alleged any facts to support any claim that defendant took any
actions that would create a claim under the Fair Credit Reporting Act.
A separate order granting defendant’s motion to dismiss and dismissing this action is
being entered herewith.

Date: __April 23, 2014

___/s/_____________________
J. Frederick Motz
United States District Judge