United States District Court, D. New Jersey
MCNULTY UNITED STATES DISTRICT JUDGE
plaintiff, Virgil Humphrey, brings this action under the Fair
Debt Collection Practices Act (FDCPA), 15 U.S.C. §
1692.Now before the court is the motion (ECF no.
42) of the defendant, PennyMac Holdings, LLC,
("PennyMac") for summary judgment, pursuant to
Fed.R.Civ.P. 56. For the reasons expressed below,
PennyMac's motion for summary judgment is GRANTED.
15, 2006, Humphrey obtained a mortgage loan (the
"Loan") in the amount of $182, 000 from Washington
Mutual Bank, FA ("Washington Mutual") to purchase
real property located at 97 Wilkinson Avenue, Jersey City,
New Jersey 07305 (the "Property"). (Def. Facts
¶* 1-2) Humphrey executed a Note and a Mortgage securing
the loan. (Id. Ex. A; Ex. B)
loan application, signed June 15, 2006, Humphrey identified a
Powder Spring, Georgia address as his home address.
(Id. ¶¶ 9-10; Ex. C)
also represented that this New Jersey Property was to be used
for "Investment" purposes. (Id. ¶ 11;
Ex. C) On that date, Humphrey also executed an
"Occupancy, Misrepresentation and Nondisclosure
Affidavit and Agreement, " dated June 15, 2006
("Occupancy Affidavit"), in which he confirmed
under oath that he "shall rent the Property and shall
not occupy the Property." (Id. ¶ 12; Ex.
September 25, 2008, pursuant to a Purchase and Assumption
Agreement, the Federal Deposit Insurance Company
("FDIC") was appointed receiver for Washington
Mutual. The FDIC transferred the Washington Mutual assets to
JPMorgan Chase Bank, N.A. ("Chase"). (Id.
¶ 4; Ex. E)
FDIC assigned the Mortgage to Chase and the assignment was
recorded in Hudson County's real property records.
(Id. ¶ 5; Ex. F) Thereafter, in April 2014,
Chase assigned the Mortgage to PennyMac. This second
assignment was also recorded in Hudson County's real
property records. (Id. ¶ 6; Ex. G)
is the holder of the Note and Mortgage securing the Property.
(Id. ¶ 7) PennyMac's primary business is
the ownership of mortgage loans. (Id.)
16, 2014, PennyMac filed a foreclosure complaint against
Humphrey in the Superior Court of New Jersey, Chancery
Division, Hudson County. (Id. ¶ 19) On March
20, 2015, the Superior Court entered its Order Granting
Summary Judgment, which granted the foreclosure relief
requested by PennyMac. (Id. ¶ 31)
on May 29, 2015, Humphrey initiated this federal-court
action. (Id. ¶ 37) On December 5, 2016,
PennyMac filed the motion for summary judgement, ...