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Brockman v. Ocwen Loan Servicing LLC

United States District Court, N.D. Georgia, Atlanta Division

September 17, 2014

RICHARD JOSEPH BROCKMAN, Plaintiff,
v.
OCWEN LOAN SERVICING LLC, et al., Defendants.

OPINION AND ORDER

WILLIAM S. DUFFEY, Jr., District Judge.

This matter is before the Court on Plaintiff Richard Joseph Brockman, Jr.'s ("Plaintiff") Motion for an Extension of Time [24], Motion for Reconsideration [26] of the Court's October 9, 2013, Order [20], and Motion to Amend his Complaint [27].

I. BACKGROUND

A. Facts

In May 2011, Plaintiff obtained a loan from First Ohio Banc & Lending, Inc. ("First Ohio") to refinance his existing first and second home mortgage loans. Plaintiff's second mortgage was held by Ocwen Loan Servicing, LLC ("Ocwen"). First Ohio selected BCHH, Inc. ("BCHH") to act as its settlement agent for the transaction. First Ohio and BCHH scheduled the settlement date and disbursement date as May 13 and 18, 2011, respectively. (Am. Compl. [27.1] at 3).

On May 6, 2011, Ocwen provided Plaintiff a payoff quote for his loan. The payoff amount was $53, 582.90, and the payoff quote was valid through May 13, 2011. (Id. at 37).

On May 18, 2011, Ocwen received payoff funds, in the amount of $53, 852.90, from BCHH on Plaintiff's behalf. (Id.). Ocwen placed the funds "in a suspense (partial-payment) credit account, as it was [sic] insufficient to pay off [Plaintiff's] loan." (Id.).[1]

In June and July, 2011, Ocwen contacted Plaintiff and told him that there was an issue with insufficient funds in the transfer from the settlement company. (Id. at 4).

On June 30, 2011, Ocwen provided an updated payoff quote for Plaintiff's loan. It stated that the payoff amount was $1, 803.33, and that the payoff quote was valid through July 29, 2011. (Id. at 29-30).

On July 8, 2011, BCHH "admitted that [it] had miscalculated the interests [sic] to Ocwen and had sent insufficient funds to Ocwen." (Id. at 5).

On August 18, 2011, BCHH made a payment of $339.45 to Ocwen toward Plaintiff's loan. (Id. at 7, 60).

In December 2011, Plaintiff received from Ocwen the "release/discharge of [his] loan." (Id. at 8).

In January 2012, Ocwen filed with the Internal Revenue Service a Form 1099-C, showing that Ocwen had cancelled the remaining debt Plaintiff owed to Ocwen. (Id.).

In July 2012, Plaintiff sought to refinance his mortgage again, but "was informed that his credit rating was insufficient [sic] high enough to qualify." (Id.). Plaintiff asserts that he "learned that his credit rating was adversely affected by Ocwen reporting to the various credit agencies that the account was 30, 60 ...


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