Kozaryn v. Ocwen Loan Servicing, LLC
784 F. Supp. 2d 100
D. Mass.2011Background
- Kozaryn refinanced in 2007, loan secured by MERS; Ocwen is the loan servicer.
- In 2009 Kozaryn sought mortgage relief; owner identity request not answered.
- May 2010 Kozaryn submitted a complete loan modification package for HAMP
- June 1, 2010 Ocwen denied, stating missing financial details.
- Kozaryn alleges HAMP eligibility and Ocwen’s duties under Treasury contract; seeks 93A relief.
- Kozaryn also alleges TILA violations for failure to reveal mortgage ownership.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HAMP violation supports 93A claim | Kozaryn asserts HAMP breach can sustain 93A claim | Ocwen argues HAMP lacks private 93A basis | Count I barred; no standalone 93A claim for HAMP violation |
| Whether alleged HAMP violation is unfair/deceptive enough | Ocwen’s failure to evaluate qualifies as unfair/deceptive | Claim amounts to clerical error; insufficient unfairness | Plaintiff must show unfair/deceptive conduct; insufficient here |
Key Cases Cited
- Speleos v. BAC Home Loans Servicing, L.P., 755 F. Supp. 2d 304 (D. Mass. 2010) (HAMP-based 93A claims require unfairness, not mere violation)
- Baena v. KPMG LLP, 453 F.3d 1 (1st Cir. 2006) (negligence per se relevance; not automatic 93A liability)
- Mass. Eye & Ear Infirmary v. QLT Phototherapeutics, Inc., 552 F.3d 47 (1st Cir. 2009) (unfair/deceptive conduct elements separate from statutory law)