Haynes v. Navy Federal Credit Union, 52 F. Supp. 3d 1

Haynes obtained a May 16, 2003 mortgage from NFCU secured by his DC home, with escrow items including taxes and insurance.
The Deed of Trust allowed NFCU to waive escrow payments in writing; waiver criteria were not specified in the Deed.
In 2009 DC tax assessment error led NFCU to pay $20,451.14; the escrow balance and subsequent reconciling payments created a large suspense/escrow balance.
From September 2010 Haynes stopped escrow payments and proposed paying taxes/insurance directly; NFCU denied a waiver and continued to handle escrow.
NFCU reported loan information to credit bureaus; Haynes disputed, prompting NFCU to investigate and verify the reports.
This action was narrowed by prior rulings: Breach of Contract and Accounting allowed to proceed only on specific escrow-payment-shift/return theories; remaining claims were resolved or abeyanced.
In 2012 the Court ordered funds in the suspense account into the Registry of the Court; since then Haynes made mortgage payments into the Registry, and NFCU requested disbursements for taxes/insurance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether NFCU breached the contract by improper payment handling	Haynes alleges NFCU shifted/returned payments that were enough to bring the loan current.	NFCU was entitled to hold or return incomplete payments under the Deed of Trust until Haynes brought the loan current.	Breach of Contract claim dismissed; no genuine issue as to improper handling since payments were incomplete.
Whether an action of account or accounting in equity survives	Plaintiff seeks an account due to unresolved credits/debits or equitable accounting relief.	No fiduciary relationship; accounting not appropriate where liability is not established.	Action of account and accounting in equity dismissed; no fiduciary or contractual basis shown.
Whether Haynes' intentional damage to credit claim under 15 U.S.C. § 1681s-2(b) survives	NFCU failed to properly investigate/correct disputed credit reporting.	Reporting of defaults was accurate; however, the scope of the extent of default requires further briefing.	In abeyance pending supplemental briefing on accuracy of reported past-due amounts.
Whether the defamation claim survives	NFCU published defamatory credit information with three agencies.	Information reported reflects actual default; accuracy of the extent of default requires further briefing.	In abeyance pending supplemental briefing on credit-reporting specifics.

Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (material facts must be adequate for a jury to find for the non-movant)
Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (U.S. 1986) (otherwise conclusory evidence cannot defeat summary judgment)
District of Columbia v. Barrie, 741 F.Supp.2d 250 (D.D.C. 2010) (limits on expanding claims in response to motions for summary judgment)
DSMC, Inc. v. Convera Corp., 479 F.Supp.2d 68 (D.D.C. 2007) (cannot broaden claims through summary judgment briefing)
Bates v. Nw. Human Servs., Inc., 466 F.Supp.2d 69 (D.D.C. 2006) (accounting relief requires adequate legal remedy)
Ellipso, Inc. v. Mann, 541 F.Supp.2d 365 (D.D.C. 2008) (fiduciary relationship must be shown to sustain accounting claims)