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Brown v. Select Portfolio Servicing, Inc.

United States District Court, D. Maryland, Southern Division

May 5, 2019

JEROME BROWN, Plaintiff,
v.
SELECT PORTFOLIO SERVICING INC., Defendant.

          MEMORANDUM OPINION

          GEORGE J. HAZEL, UNITED STATES DISTRICT JUDGE

         Plaintiff Jerome Brown alleges that Defendant violated the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2605, et seq., and the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et seq., as it sought to foreclose on his home. ECF No. 1. Pending before the Court is Defendant's Motion to Dismiss. ECF No. 3. Although the Court granted Plaintiff two extensions of time to file an opposition, ECF Nos. 7, 9, Plaintiff failed to respond to Defendant's motion. No. hearing is necessary. See Loc. R. 105.6 (D. Md. 2016). For the following reasons, Defendant's Motion to Dismiss will be granted.

         I. BACKGROUND[1]

         Jerome Brown owns the real property located at 2926 Galeshead Drive, Upper Marlboro, Maryland (the Property). ECF No. 1 ¶ 10. On March 24, 2009, he executed a Deed of Trust securing an Adjustable Rate Note to MetLife Home Loans, a Division of MetLife Bank, N.A. Id. Pursuant to the Deed of Trust and the Note (collectively “the Mortgage Loan”), the lender agreed to provide Plaintiff with the principal sum of five hundred and fifty-three thousand eight hundred and seventy-six dollars ($553, 876.00) and he agreed to: (1) make monthly payments to the lender or its assigns pursuant to the terms of the Note and (2) provide the lender or its assigns a first priority security interest on the Property. ECF No. 1-1.

         The Mortgage Loan was assigned to JP Morgan Chase Bank, N.A. (Chase). ECF No. 1 ¶ 15. Defendant Select Portfolio Servicing, Inc (SPS) acts as the mortgage servicer on Chase's behalf. Id. ¶ 12. SPS appointed Substitute Trustees who on December 10, 2015 initiated a foreclosure action against Plaintiff in the Circuit Court of Prince George's County, Maryland because Plaintiff had allegedly defaulted on the Mortgage Loan on June 1, 2010. Id. ¶ 16.

         On January 4, 2018, Plaintiff submitted his first complete loan modification application. Id. ¶ 18. On February 6, 2018, SPS denied Plaintiffs loan modification application claiming that there were “no loss mitigation options” for which he could be approved. Id. ¶ 19; ECF No. 1-2. The denial letter, which Plaintiff attached to his Complaint, provided various non-retention options including a short sale and a deed in lieu of foreclosure. ECF No. 1-2 at 2. The letter explained that Plaintiff was not eligible for an “FHA Repayment Plan” given the financial information he had provided. Specifically, the letter stated:

         Financials Do Not Support

         We are unable to offer you a plan because after reviewing the financial information you provided to us, we have determined that one or more of the following reasons apply:

 You do not have sufficient net income to pay the proposed payment.
 The proposed payment is not feasible.
 Your Initial payment on the Payment Plan is not sufficient.
 The written financial information we received from you does not support the proposed payment.

Id. at 3. The letter also explained that Plaintiff was not eligible for an “FHA Trial ...


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