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Slip Opinion
N.D. Ill.
Sep 7, 2016
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Background

  • In 2007 Sean and Linda Stephens took an adjustable-rate mortgage from ING Bank, predecessor to Capital One, on a home in Elmhurst, IL.
  • Capital One filed foreclosure on December 12, 2013 claiming missed payments from April–June 2013, but later admitted an interest-rate mistake and credited the account for those months.
  • Capital One voluntarily dismissed the foreclosure on July 30, 2015; the Stephens then sued in state court asserting seven claims, later removing to federal court.
  • Plaintiffs voluntarily dismissed several counts; Capital One moved to dismiss Counts II (breach of contract), VI (ICFA), and VII (RESPA), and other counts had been dismissed by plaintiffs or challenged.
  • The district court granted dismissal of Count II (breach) and Count VII (RESPA) for failure to plead necessary facts (performance, causal damages, 120-day default showing), but denied dismissal of Count VI (ICFA).
  • Remaining live claims after the decision were Count V (FDCPA) and Count VI (ICFA); court allowed plaintiffs leave to consider amending.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Breach of contract (Count II) Stephens allege Capital One improperly accelerated the note and thus materially breached, and Stephens performed for Apr–Jun 2013 Capital One says Stephens failed to allege they performed all contractual obligations (post-Jun 30, 2013) Dismissed: plaintiffs failed to plead performance beyond June 30, 2013 and alleged only conclusory acceleration claim
RESPA, 12 C.F.R. §1024.41(f) (Count VII) Capital One filed foreclosure while loan not in default for Apr–Jun 2013; foreclosing was improper Capital One: plaintiffs don’t allege foreclosure occurred when delinquency was under 120 days, fail to plead actual damages, and claim is not ripe Dismissed: plaintiffs did not allege facts showing the loan was <120 days delinquent when suit was filed and failed to plead causal actual damages; ripeness not required to show property loss but other pleading failures fatal
Actual damages under RESPA Plaintiffs seek non‑pecuniary harms (mental anguish, time, fees, credit reporting) tied to wrongful foreclosure Capital One: plaintiffs did not plead actual damages causally connected to any RESPA violation Dismissed as part of RESPA ruling: complaint lacked allegations linking RESPA violation to actual damages
ICFA (Count VI) Stephens allege deceptive/unfair acts — reporting valid debt despite disputes, failing to review accuracy, continuing foreclosure review — causing injury Capital One argues isolated error and insufficient particularity for fraud/deception Not dismissed: court found allegations adequate to plead unfairness (meets Rule 8 notice pleading), and potential for substantial consumer injury given defendant’s large consumer base; Rule 9(b) not required for unfair-practice theory

Key Cases Cited

  • McReynolds v. Merrill Lynch & Co., 694 F.3d 873 (7th Cir.) (pleading facts taken as true at motion to dismiss)
  • Bell Atl. Corp. v. Twombly, 550 U.S. 544 (Supreme Court) (plausibility pleading standard)
  • Ashcroft v. Iqbal, 556 U.S. 662 (Supreme Court) (labels and conclusions insufficient)
  • Johnstone v. Bank of Am., 173 F. Supp. 2d 809 (N.D. Ill.) (RESPA actual damages may include time and mental anguish when causally alleged)
  • Catalan v. GMAC Mortg. Corp., 629 F.3d 676 (7th Cir.) (non-pecuniary damages can qualify as actual damages under RESPA)
  • Windy City Metal Fabricators & Supply, Inc. v. CIT Tech. Financing Serv., 536 F.3d 663 (7th Cir.) (ICFA unfair-practice claims subject to Rule 8 notice pleading)
  • Pirelli Armstrong Tire Corp. Retiree Med. Benefits Trust v. Walgreen Co., 631 F.3d 436 (7th Cir.) (Rule 9(b) particularity for fraud pleading)
  • Batson v. Live Nation Entm’t, Inc., 746 F.3d 827 (7th Cir.) (analysis of unfair practices under ICFA)
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Case Details

Case Name: Stephens v. Capital One, N.A.
Court Name: District Court, N.D. Illinois
Date Published: Sep 7, 2016
Citation: 1:15-cv-09702
Docket Number: 1:15-cv-09702
Court Abbreviation: N.D. Ill.
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