Wright v. Green Tree Servicing LLC, 685 F. App'x 67

Plaintiffs Weston and Carlene Wright owned a home subject to two mortgages; Green Tree Servicing LLC acquired and began servicing one mortgage on the property.
Green Tree sent a written notice (dated June 11, 2014) to the Wrights informing them that ownership and servicing changed to Green Tree as of May 16, 2014.
The notice identified the loan by a new Green Tree loan number and by the property address, stated terms were unchanged, listed recording county, and provided contact information.
The Wrights sued under the Truth in Lending Act (TILA) § 1641(g), alleging the notice failed to properly identify which loan had been transferred (there were two mortgages on the property).
The district court dismissed the complaint under Fed. R. Civ. P. 12(b)(6); the Wrights appealed.
The Second Circuit reviewed de novo and affirmed dismissal, holding the notice reasonably identified the loan and satisfied the statutory/regulatory requirements.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Green Tree's notice violated TILA § 1641(g) / Reg. Z by failing to identify the transferred loan	The loan identification was ambiguous: the loan number was new/unfamiliar and the property address alone could not distinguish between two mortgages	The notice included required statutory/regulatory disclosures and used identifying information (new loan number + property address) that reasonably informed the consumer which loan was transferred	The notice satisfied § 1641(g) and Reg. Z because it provided the enumerated disclosures and reasonably identified the loan; judgment affirmed

Chambers v. Time Warner, Inc., 282 F.3d 147 (2d Cir. 2002) (standard for reviewing a Rule 12(b)(6) dismissal)