United States District Court, D. Maryland
CANDACE E. ALSTON
EQUIFAX INFORMATION SERVICES, LLC, ET AL.
Frederick Motz United States District Judge.
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.
alleges that she avoided the loan she made from Monarch
through the doctrine of accord and
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
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).
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
separate order effecting the rulings made in this memorandum
is being entered herewith.
 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 ...