Not a Lexis Advance subscriber? Try it out for free.

Kloth-Zanard v. Bank of Am.

United States District Court for the District of Connecticut

April 30, 2019, Decided; April 30, 2019, Filed

No. 3:15-cv-1208 (MPS)

Opinion

RULING ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

Plaintiff Joan T. Kloth-Zanard ("Ms. Kloth-Zanard") alleges violations of the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. ("TCPA"), and the Connecticut Creditor's Collection Practices Act, Conn. Gen. Stat. § 36a-648 et seq. ("CCPA"), against Defendants Bank of America, N.A. ("BANA") and Specialized Loan Servicing, LLC ("SLS"); she further alleges violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA") as to SLS only. ECF No. 132.1 BANA and SLS filed motions for summary judgment. ECF Nos. 202 & 204. For the reasons set forth below, the motions for summary judgment are GRANTED.

I. Facts

The following facts are taken from the Defendants' Local Rule 56 Statements and the underlying record. Unless otherwise indicated, all [*2]  facts are undisputed.2

A. Home Loan and Mortgage

On May 26, 2006, Ms. Kloth-Zanard executed a promissory note ("Note") in favor of Countrywide Home Loans, Inc. ("Countrywide") in exchange for a home mortgage loan in the amount of $313,300 related to her property. ECF No. 202-2 at ¶ 1; ECF No. 204-4 at ¶ 1. On the same day, she executed an Open-End Mortgage Deed ("Mortgage") on the property in favor of Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Countrywide and its successors and assigns. ECF No. 202-2 at ¶ 2. The Mortgage was recorded on June 13, 2006. ECF No. 202-2 at ¶ 3.

Ms. Kloth-Zanard executed a Loan Modification Agreement on November 7, 2008, that adjusted the terms of the Note for a five-year period. ECF No. 202-2 at ¶ 4; ECF No. 202-6 at 2-3. In her complaint, Ms. Kloth-Zanard alleges that BANA took over her mortgage when it purchased Countrywide in 2008. ECF No. 132 at ¶¶ 30, 35, 40-41, 43.3 She also alleges that the Bank of New York Mellon ("BONY") was assigned the mortgage by MERS in 2015. Id. at ¶ 83.4 SLS began servicing the mortgage loan on behalf of BONY on April 16, 2015. ECF No. 204-4 at ¶¶ 2-4; ECF No. 204-3 at 7-8. Before that date, [*3]  BANA had been servicing the loan. ECF No. 204-3 at 7-8. SLS has never held the Mortgage or Note. ECF No. 204-4 at ¶ 3.

SLS informed Ms. Kloth-Zanard that it was the new servicer of her loan by letter dated April 28, 2015. ECF No. 204-4 at ¶ 5; ECF No. 204-3 at 7-8. On April 30, 2015, SLS sent her another letter stating the amount of the debt and the name of the creditor, and that she had thirty days to dispute the debt. ECF No. 204-4 at ¶ 7; ECF No. 204-3 at 10-11. On May 6, 2015, Ms. Kloth-Zanard sent SLS a letter requesting information on "the [i]nvestors of my loan." ECF No. 204-3 at 13; ECF No. 204-4 at ¶ 9. SLS sent her a response letter on May 14, 2015 with the name of the original and current creditors. ECF No. 204-4 at ¶ 10; ECF No. 204-3 at 15-16. On June 16 and June 18, 2015, Ms. Kloth-Zanard sent SLS letters disputing the debt. ECF No. 204-4 at ¶ 11; ECF No. 204-3 at 18, 20. On June 30, 2015, SLS sent Ms. Kloth-Zanard a letter validating the debt. ECF No. 204-4 at ¶ 12; ECF No. 204-3 at 22.

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

2019 U.S. Dist. LEXIS 72425 *; 2019 WL 1922070

JOAN T. KLOTH-ZANARD, Plaintiff, v. BANK OF AMERICA and SPECIALIZED LOAN SERVICING, Defendants.

Subsequent History: Appeal filed, 07/01/2019

Prior History: Kloth-Zanard v. Bank of Am., 2016 U.S. Dist. LEXIS 7401 (D. Conn., Jan. 21, 2016)

CORE TERMS

modification, mortgage, records, door, harass, express consent, consumer, deposition, message, phone, summary judgment, phone number, phone call, prerecorded, notices, debt collector, artificial, homeowner, quotation, customer, dialing, letters, marks, telephone number, collection, requests, servicer, cellphone number, telephone call, material fact