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Humphrey v. Pennymac Holdings, LLC

United States District Court, D. New Jersey

July 26, 2016

VIRGIL HUMPHREY, Plaintiff,
v.
PENNYMAC HOLDINGS, LLC, Defendant.

          MEMORANDUM OPINION

          KEVIN MCNULTY UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         The plaintiff, Virgil Humphrey, brings this action under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692.[1]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.[2] For the reasons expressed below, PennyMac's motion for summary judgment is GRANTED.

         II. BACKGROUND

         A. Relevant Facts[3]

         On June 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)

         In his loan application, signed June 15, 2006, Humphrey identified a Powder Spring, Georgia address as his home address. (Id. ¶¶ 9-10; Ex. C)

         Humphrey 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. D)

         On 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)

         The 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)

         PennyMac is the holder of the Note and Mortgage securing the Property. (Id. ¶ 7) PennyMac's primary business is the ownership of mortgage loans. (Id.)

         B. Procedural Background

         On July 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)

         Subsequently, on May 29, 2015, Humphrey initiated this federal-court action. (Id. ΒΆ 37) On December 5, 2016, PennyMac filed the motion for summary judgement, ...


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