Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Woody v. Aurora Commercial Corp.

United States District Court, W.D. Tennessee, Western Division

April 19, 2018

YVETTE D. WOODY and SIMON D. WOODY, Plaintiffs,
v.
AURORA COMMERCIAL CORPORATION, successor entity to Aurora Bank FSB; AURORA LOAN SERVICING, LLC; and NATIONSTAR MORTGAGE, LLC, Defendants.

          ORDER

          SAMUEL H. MAYS, JR., UNITED STATES DISTRICT JUDGE

         Before the Court is Defendants Aurora Commercial Corporation, Aurora Loan Services, LLC[1] (collectively “Aurora”), and Nationstar Mortgage, LLC's (“Nationstar”) October 13, 2017 Motion for Summary Judgment. (ECF No. 50.) Plaintiffs Yvette D. Woody and Simon D. Woody responded on February 6, 2018. (ECF No. 64.) Defendants replied on February 23, 2018. (ECF No. 68.)

         For the following reasons, the Motion for Summary Judgment is GRANTED.

         I. Background

         On or about September 21, 2015, Plaintiffs sent a letter to Defendant Aurora Loan Services, LLC and copied Nationstar. (ECF No. 50-1; ECF No. 64-1 ¶ 1.) The letter states that Plaintiffs have “received a dunning letter notice from AURORA LOAN SERVICES, LLC.” (ECF No. 50-1 at 390.) It questions how Nationstar came to service Plaintiffs' defaulted mortgage and how Aurora Loan Services, LLC came to own the Note. (Id. at 391-92.) Attached to the letter is a Creditor Disclosure Statement, which Plaintiffs ask that Aurora Loan Services, LLC answer. (Id. at 393-94.)

         On or about October 21, 2015, Plaintiffs sent a second letter to Aurora Loan Services, LLC. (ECF No. 50-2; ECF No. 64-1 ¶ 2.) The letter states that it “is a request for validation made pursuant to the Fair Debt Collection Practices Act 15 USC ¶ 1692g(1)(2), ” seeking “competent evidence that [Plaintiffs] have some contractual obligation to pay [Aurora Loan Services, LLC].” (ECF No. 50-2 at 396.) As in their previous letter, Plaintiffs attached a Creditor Disclosure Statement, which they asked Aurora Loan Services, LLC to “complete and return.” (Id.)

         On or about October 21, 2015, Plaintiffs sent a letter to Prommis Solutions, LLC on behalf of Nationwide Trustee Services, Inc., copying the Consumer Financial Protection Bureau and Nationstar. (ECF No. 50-3; ECF No. 64-1 ¶ 3.) The letter is dated October 26, 2015. (ECF No. 50-3.) It states that it “is a request for validation made pursuant to the Fair Debt Collection Practices Act 15 USC ¶ 1692g(1)(2), ” seeking “competent evidence that [Plaintiffs] have some contractual obligation to pay . . . .” (ECF No. 50-3 at 399.) As in their previous letters, Plaintiffs attached a Creditor Disclosure Statement, which they asked the recipients to “complete and return.” (Id.)

         On November 4, 2015, Aurora Commercial Corp. sent Plaintiffs a letter (the “Aurora Letter”). (ECF No. 50-4; ECF No. 64-1 ¶ 4.) It states that it “is in response to [Plaintiffs'] communication dated October 26, 2015. . . .” (ECF No. 50-4 at 403.) It notifies Plaintiffs that Aurora Commercial Corp.'s “business records reflect that the above-reference mortgage loan account was service transferred to Nationstar Mortgage LLC effective July 1, 2012 (see attached).” (Id.)[2] The Aurora Letter states that Plaintiffs should “direct all future communications to Nationstar Mortgage LLC.” (Id.)

         On November 4, 2015, Nationstar sent Plaintiffs a letter (the “Nationstar Letter”). (ECF No. 50-5; ECF No. 64-1 ¶ 13.) It states that Nationstar has received Plaintiffs' letter dated October 26, 2015. (ECF No. 50-5 at 405.) The Nationstar Letter states that:

Some information you have requested does not pertain directly to the servicing of the loan, does not identify any specific servicing errors, and/or is considered proprietary and confidential. Therefore, this information is considered outside the scope of information that must be provided. However, the information below and enclosed documents should address any of your relevant questions and requests. Enclosed, you will find the following documents: Note and Security Instrument . . . [and] Payment History . . . .

(ECF No. 50-5 at 405-06.) The Nationstar Letter also describes the contents of the Note and Security Instrument and Payment History attachments. It represents that:

         The Note and Security Instrument will validate the above-mentioned loan. These documents will explain our rights to:

• Collect any remaining debt owed under the Note and Security Instrument
• Assess fees and costs to the loan as necessary, including late fees if a payment is received after the specified grace period and legal fees if a loan is in default.
• Inspect the property and charge applicable fees
• Purchase lender placed insurance
• Pay taxes on the mortgagor's behalf

(Id. at 405.) It further represents that “[t]he payment history reflects a complete history for the period Nationstar has serviced ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.