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Quimby v. Caliber Home Loans

United States District Court, S.D. Indiana, Indianapolis Division

June 16, 2015

Donald Lewis Quimby, Plaintiff,
v.
Caliber Home Loans and JP Morgan Chase Bank N.A., Defendants.

ORDER

Hon. Jane Magnus-Stinson, Judge.

Defendants Caliber Home Loans (“Caliber”) and JP Morgan Chase Bank N.A. (“Chase”) both filed motions to dismiss Plaintiff Donald Lewis Quimby’s claims. [See Filing No. 19; Filing No. 25.] The Court referred the motions to dismiss to the Magistrate Judge, who issued a Report and Recommendation on April 22, 2015. [Filing No. 52.] Both Mr. Quimby and Chase filed Objections to limited parts of the Report and Recommendation, [see Filing No. 53; Filing No. 54], and the Court has now considered both the Magistrate Judge’s Report and Recommendation and the Objections.

I.

Background

A. Events Leading Up to the Lawsuit

Mr. Quimby alleges that he purchased a property in Beech Grove, Indiana in 1993 (the “Property”), and took out a mortgage that was, at one point, serviced by Washington Mutual Home Loans (“Washington Mutual”). [Filing No. 1 at 2-3.] Mr. Quimby alleges that in February 2008, he sent two checks to Washington Mutual to cover the mortgage for March on the Property (the “March 2008 Payment”), and also a mortgage on a neighboring property which he had purchased in 1983. Mr. Quimby alleges that Washington Mutual erroneously presented his March 2008 Payment to the wrong account – an account not owned by him – and the check was returned because the account was closed. [See Filing No. 1 at 4-6.] The check for the mortgage for the neighboring property was correctly processed. [Filing No. 1 at 5.]

This erroneous presentment of the March 2008 Payment triggered a series of events spanning several years. Specifically, Mr. Quimby alleges that:

• The mortgage on the Property was marked past due, and he began incurring late fees;
• He made various telephone calls to Washington Mutual and to his bank, Financial Center Federal Credit Union (“FCFCU”), to try to resolve the dispute;
• Washington Mutual sent Mr. Quimby a “Notice of Collection Activity”;
• Washington Mutual never processed the March 2008 Payment, and Mr. Quimby refused to send another check because he was concerned it would result in a double payment;
• Washington Mutual engaged in various debt collection attempts;
• Chase acquired Washington Mutual’s assets in 2008, and began attempting to collect the late mortgage payment from Mr. Quimby in early 2009;
• Mr. Quimby continued to incur late fees related to the March 2008 Payment;
• In 2011, the mortgage on the Property was listed as an adverse account on Mr. Quimby’s credit report, due to the March 2008 Payment;
• In 2013, Caliber[1] began servicing the mortgage on the Property, and notified Mr. Quimby that if he did not bring his account current, it would continue collection efforts and initiate foreclosure proceedings;
• Mr. Quimby corresponded with Caliber regarding the March 2008 Payment and explained why his account appeared to be delinquent;
• In late 2013, Caliber’s representatives entered the Property, replaced the locks, and placed stickers on the windows, and continued to enter the Property several times thereafter;
• Various issues arose with Mr. Quimby’s payments to Caliber, including Caliber returning payments because they were insufficient to cure the default; · In 2014, Caliber ...

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