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.

Alston v. Equifax Information Services, LLC

United States District Court, D. Maryland

January 10, 2017

CANDACE E. ALSTON
v.
EQUIFAX INFORMATION SERVICES, LLC, ET AL.

          MEMORANDUM

          J. Frederick Motz United States District Judge.

         Candace Alston has brought this action against Monarch Bank, Dovenmuehle Mortgage, Inc., Equifax Information Services, LLC, and Trans Union, LLC. Monarch, DMI, and Trans Union have filed motions to dismiss. Equifax has filed a partial motion to dismiss. The motions will be granted.

         Plaintiff alleges that she avoided the loan she made from Monarch through the doctrine of accord and satisfaction.[1]

         The allegation is without merit. The loan that plaintiff made from Monarch was liquidated, and plaintiff therefore cannot establish accord and satisfaction unless she can prove that the Monarch mortgage balance is subject to a bona fide dispute. It was not subject to a bona fide dispute. Plaintiff attempted to pay $5, 000 in settlement on a $94, 000 loan, and her claim that she was resolving a claim that she had against Monarch for inaccurately reporting that she did not make her February 2012 mortgage payment in a timely fashion was made in bad faith. The "settlement agreement" upon which plaintiff relies does not provide that there is an agreement not to report the account as late. Instead, the agreement specifically provides for Monarch to "resume providing accurate information concerning the Loan ..."

         Plaintiffs claims under the Fair Credit Reporting act fail because neither Monarch nor DMI furnished inaccurate factual information to credit reporting agencies. At the most she has raised the question of a purely legal dispute that is not actionable under the FCRA. See DeAndrade v. Trans Union, LLC, 523 F.3d 51, 67 (4th Cir. 2008).

         Finally, plaintiffs claims under the Maryland Consumer Debt Collection Act, the Maryland Consumer Protection Act, and the Real Estate Settlement Procedures Act fail because plaintiff never lived in the property that was the subject of the loan made by Monarch.

         A separate order effecting the rulings made in this memorandum is being entered herewith.

---------

Notes:

[1] Plaintiff has litigated, either separately with other members of her family, more than ten law suits in this District since January 2009, all related to credit reporting or debt collection. Judge Chasanow has noted that plaintiffs family ("is engaged in an enterprise of [FCRA] litigation." Alston v. Creditors Interchange Mgmt., LLC, No. Civ. AW-12-1708, 2012 WL 4370124, at *1 (D. Md. Sept. 21, 2012). Judge Chuang has noted that "the evidence conclusively establishes that while engaged in her dispute with Wells Fargo over a fight to enforce the Note, Alston was engaging in a parallel scheme against Monarch to undo her ...


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.