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Walker v. Carrington Mortgage Services LLC

United States District Court, D. New Jersey

May 8, 2017

DEANE V. WALKER, Plaintiff,
v.
CARRINGTON MORTGAGE SERVICES LLC, BANK OF AMERICA NA, PARKER MCCAY PA, Defendants.

          DEANE V. WALKER Appearing pro se

          SANDHYA M. FELTES KAPLIN, STEWART, MELOFF, REITER & STEIN, PC On behalf of Defendants Carrington Mortgage Services LLC and Bank Of America NA

          ANDREW CHRISTOPHER SAYLES STEVEN AARON KROLL OMAR D. ARNOUK CONNELL FOLEY LLP On behalf of Defendant Parker McCay PA

          OPINION

          NOEL L. HILLMAN, U.S.D.J.

         This matter that concerns Plaintiff's claims that Defendants violated her rights under the Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq., and the federal Fair Housing Act, 42 U.S.C. 3601, et seq., by failing to help her participate in a mortgage modification program. Presently before the Court are the motions of Defendants to dismiss Plaintiff's claims against them. For the reasons expressed below, Defendants' motions will be granted.

         BACKGROUND

         According to her complaint, Plaintiff, Deane V. Walker, obtained a mortgage from Defendant Bank of America, NA for her home in Egg Harbor Township, New Jersey, and the loan was serviced by Defendant Carrington Mortgage Services LLC. Plaintiff claims that she had some set-backs in life, including suffering from breast cancer, and she fell behind on her mortgage payments. Plaintiff claims that she informed Defendants about her troubles and requested to participate in a mortgage modification program funded by the federal government so that she could keep her home. Plaintiff claims that instead of assisting her with the mortgage modification process, Defendants stalled in order to foreclose on Plaintiff because her default was more financially advantageous to Defendants than a mortgage modification.

         Plaintiff further alleges that when Bank of America brought a foreclosure action against her in New Jersey state court, Bank of America's lawyers, Defendant Parker McCay, did not follow the judge's request that Plaintiff be allowed to properly apply for a mortgage modification. Plaintiff also alleges that Parker McCay ignored the state court judge's order and proceeded to file a motion to strike Plaintiff's answer and counterclaim in the foreclosure action, which was granted by a judge different from the one assigned to her case.

         Based on Defendants' actions, Plaintiff claims that she made a desperate and irrational decision to list her house as a short-sale. Plaintiff also claims that Defendants' actions violated the Equal Credit Opportunity Act (“ECOA”), 15 U.S.C. § 1691 et seq., and the federal Fair Housing Act (“FHA”), 42 U.S.C. 3601, et seq., because they discriminated against her in their actions to preclude her from obtaining a loan modification. Plaintiff seeks damages in the amount of $1 million, the dismissal of the mortgage lien on her property, and the invalidation of the short-sale contract.

         Defendants have moved to dismiss Plaintiff's complaint, arguing that her claims fail as a matter of law. Plaintiff has opposed the motions.[1]

         DISCUSSION

         A. Subject matter jurisdiction

         Defendants removed Plaintiff's complaint from New Jersey state court to this Court, which has jurisdiction over Plaintiff's federal claims under 28 U.S.C. § 1331.

         B. Standard for ...


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