Cole v. Federal National Mortgage Association et al
MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 2/13/2017. (C/M 2/14/2017 aos, Deputy Clerk)
IN THE UNITED STATES IHSTRICT COURT
FOR THE DISTRICT OF MARYLAND
Case No.: G.JH-15-3960
ASSOCIATION, el ;iI.,
Plaintiff Jennifer Cole brings this action 1'1"0 se against Dcfendants
a.k.a. Fannie Mac ("Fannic
("TI LA "). Rcal Estatc Scttlcmcnt
the Fair Crcdit Rcporting
Court is Dcfendants'
~ 1601 el sell.
Act, 12 U .S.c. ~ 2605 el seq. ("RESP A"), thc
Act. Md. Codc Com. Law ~ 14-201 elseq. ("MCDCA"),
Act. Md. Codc Com. Law
13-301 elseq. C'MCPA"),
~ 1681 elseq. ("FCRA").Prescntly
Act. 15 U.S.c.
pcnding bcfore the
Motion to Dismiss for Failurc to Statc a Claim, Eel' No. 21, and Plaintiffs
Cross Motion lor Summary
ECF No. 25. No hcaring is ncccssary.
For the reasons statcd below. Defendants'
part, and Plaintitrs
and Scterus, Inc.
under thc Truth in Lending Act, 15 U.s.c.
Mac" or "FNMA")
See Loc. R. 105.6.
Motion to Dismiss is denicd. in part. and grantcd. in
Cross Motion for Summary
is also dcnied.
Jcnnifer Calc is thc rccord owner and rcsidcnt ofthc
Arthur Court. Glenn Dale. Maryland
also thc sole mortgagor
Id. at 2. DeJendant
20769 (..thc Property").
See ECF No. 17 at 1-2.1 PlaintifTis
Loan") sccurcd by thc
Fannic Mae is tbc current owncr of the MOItgagc Loan. Id.
the current scrvieer of the Mortgage
On or about Novcmber
locatcd at 12601 King
loan (the "Loan" or "Mortgage
Seterus is "a loan servieer specializing
debts" and is
X. 2007. Jcnnifer and Darryl Colc obtained
Bank of America.
'i 5. Thc
Loan was evidcnecd
secured by a Deed of Trust (the "Deed of Trust").
Cole passed away in October of 20 13 and Ms. Cole became the sole mortgagor.
'i 9. Seterus
note (the "Note")
thc Loan iii defllUlt on Fcbruary
It!. ~ II. Thc Loan defaulted and the total amount required to cure thc
secured party IlJl" the Loan.
defllUlt was $15.034.09.
Ms. Cole arranged
to obtain a pcrsonal
arrcars amount of$15.034.09.
hcr the requested
1. 2014. Id. ,; 10. Sctcrus mailed Ms. Cole a Notice of
in No\"Cmber 2014. which stated. inter alia. that Fannie Mae was the eurrcnt
Intent to Foreclosc
'1 12. Thc
loan from a privatc lendcr in ordcr to pay thc
privatc Icnder rcqucsted
and a history of loan paymcnts.
as a condition
It!. ~ 13. Ms. Cole was unable to providc these documcnts
docs not scnd monthly mortgagc
I Pin cites to doculllents
on the Court"s electronic
It!. '1'114. 71. Plaintiff scnt a
refer to the page Ilumbers
bv that svstelll.
2 i-he A';lcnded Complaint
alleges that the Coles obtained the loan from non-party Countrywide Bank. FSB. and that
the loan was laler acquired by Bank of America. N.A. EeF No. 17 'i'l 5. 7. Defendants attach the Deed of Trust. of
which the Court takcsjudicialnotice.
which states that the loan originated with Bank ofAmcrica. N./\. ECF 0.215 at 2.
letter to Seterus dated December 12,2014 ("First Letter") requesting proof that Seterus was in
possession of the original Note. [
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