Patrick v. CitiMortgage, Inc.
- Summarized by Daniel Waxman , KEWA Financial Inc.
- 9 years 1 month ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- Case No. 16-3436 (6th Circuit, Jan 23,2017) Not Published
- Tag(s):
-
- Ruling:
- Lender is not liable to borrower, under general tort / contract principles or pursuant to Home Affordable Modification Program (HAMP) regulations, for payment of duplicative insurance premiums from escrow where borrower was named insured and borrower failed to cancel existing policy before purchasing a new policy.
Lower courts did not abuse their discretion in denying borrower's motion to compel discovery, nor did District Court abuse its discretion in denying borrower's motion to file a supplemental pleading 6 months after findings of fact entered by Bankruptcy Court.
- Procedural context:
- Affirming decision of District Court for the Northern District of Ohio, which (I) adopted the Bankruptcy Court's finding of facts and conclusions of law; (II) granted summary judgment in favor of Lender; (III) denied borrower's motion to supplement pleadings; and (IV) affirmed Bankruptcy Court decision denying motion to compel discovery.
- Facts:
- Anne Marie Patrick ("Borrower") entered into a loan modification with CitiMortgage, Inc. ("Lender") pursuant to HAMP. Borrower filed for bankruptcy and initiated an adversary proceeding against Lender alleging that Lender violated the Modification Agreement and HAMP by improperly calculating her monthly mortgage payments. Specifically, Borrower alleged that Lender breached the agreement by paying duplicative homeowners insurance premiums from the escrow and amortizing her monthly escrow payments over 60 months and not the life of the loan.
- Judge(s):
- Merritt, Clay and Donald
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