Ogle v. BAC Home Loans Servicing LP
924 F. Supp. 2d 902
S.D. Ohio2013Background
- May 17, 2005: Charles Ogle signs promissory note for $98,000 with AWL/CHL; Charles and Melanie Ogle grant CHL a mortgage on their property.
- Fall 2009: payments shift to BAC Home Loans Servicing; the Ogles stop paying.
- March 2010: BAC forecloses in Hocking County, Ohio; foreclosure action dismissed in Feb 2011 (presumably without prejudice).
- June 2011: Ogles file federal action (Case No. 2:11-cv-540) alleging multiple claims against fourteen parties including BAC, AWL, CHL, MERS, CoreLogic, Carlisle, etc.
- July 2011: BAC refiles foreclosure in state court; August 2011: action removed to this Court as Case No. 2:11-cv-745; Jan 12, 2012: Court dismisses most claims in 2:11-cv-540 and Third Party Claims; foreclosure action remains pending.
- The Court grants BAC and Carlisle’s motions for judgment on the pleadings and denies the Ogles’ default and counterclaims; overall dismissal of claims against Carlisle and defendants on both cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge mortgage assignments | Ogles may challenge robosigned assignments. | Debtors lack standing to challenge assignments between assignor/assignee. | Ogles lack standing; assignments challenges fail. |
| RICO claim viability | BAC/Carlisle engaged in a pattern of racketeering. | No plausible enterprise or pattern; no adequate allegations. | RICO claim dismissed. |
| FDCPA applicability | BAC violated FDCPA by abusive/false collection practices. | BAC not a debt collector for this loan; not in default when assigned. | FDCPA claim dismissed. |
| RESPA damages requirement | Violations of RESPA duties caused damages. | Damages not alleged; timely responses; no RESPA injury. | RESPA claim dismissed for lack of damages. |
| TILA statute of limitations | TILA violation occurred within one year; tolling possible. | Counterclaims filed after one year; time-barred; no tolling shown. | TILA claim time-barred. |
Key Cases Cited
- Rogan v. Bank One, 457 F.3d 561 (6th Cir.2006) (standing to challenge assignments not available to debtors)
- Wadlington v. Credit Acceptance Corp., 76 F.3d 103 (6th Cir.1996) (private rights not available when asserting assignment validity against nonparties)
- Perry v. Stewart Title Co., 756 F.2d 1197 (5th Cir.1985) (FDCPA when assignee collects its own debt not a debt collector)
- Pavlovich v. National City Bank, 435 F.3d 560 (6th Cir.2006) (elements of contract-based claims and pleading standards)
- Gosden v. Louis, 116 Ohio App.3d 195 (Ohio Ct.App.1996) (civil conspiracy elements under Ohio law)
- Universal Coach, Inc. v. New York City Transit Auth., Inc., 90 Ohio App.3d 284 (Ohio Ct.App.1993) (OCSPA liability limitations for contractors vs. suppliers)