Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Garcia v. Specialized Loan Servicing LLC

United States District Court, D. Nevada

March 20, 2019

TROY A. GARCIA, Plaintiff,
v.
SPECIALIZED LOAN SERVICING LLC; AMERICAN HONDA FINANCE CORP.; TOYOTA FINANCIAL SERVICES; WELLS FARGO CARD SERVICES; EQUIFAX INFORMATION SERVICES, LLC, Defendants

          ORDER

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Before the Court is Defendant Specialized Loan Servicing, LLC's Motion for Summary Judgment (ECF No. 35) and Plaintiff Troy A. Garcia's Motion for Partial Summary Judgment ECF No. 37). For the reasons stated below, Defendant's motion is granted in part and denied in part, and Plaintiff's motion is denied.

         II. PROCEDURAL BACKGROUND

         On June 21, 2017, Plaintiff filed a Complaint with Jury Demand against Specialized Loan Servicing, LLC, American Honda Finance Corp., Toyota Financial Services, Wells Fargo Card Services, and Equifax Information Services, LLC, alleging violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”). ECF No. 1.

         American Honda Finance filed its Answer on September 5, 2017. ECF No. 9. Specialized Loan Servicing filed a Motion to Dismiss on September 19, 2017. ECF No. 16. Wells Fargo Card Services filed its Answer on September 22, 2017. ECF No. 18.

         The Court issued a Scheduling Order on October 6, 2017. ECF No. 21. Discovery closed on March 5, 2018. Id.

         On December 18, 2017, the Court granted a stipulation to dismiss American Honda Finance with prejudice. ECF No. 28. On February 8, 2018, the Court granted a stipulation to dismiss Wells Fargo Card Services with prejudice. ECF No. 30.

         On May 14, 2018, Specialized Loan Servicing filed the instant Motion for Summary Judgment, ECF No. 35, and Plaintiff filed the instant Motion for Partial Summary Judgment, ECF No. 37.

         On June 7, 2018, the Court granted a stipulation to dismiss Equifax Information Services with prejudice. ECF No. 51.

         On September 21, 2018, the Court held a hearing on the pending motions. ECF No. 66. The Court denied the Motion to Dismiss for the reasons stated on the record. Id. The Court took the instant motions under consideration. Id.

         III.UNDISPUTED FACTS

         The Court finds the following facts to be undisputed.

         Plaintiff resides in Clark County, Nevada. On May 26, 2011, Plaintiff filed for Chapter 13 bankruptcy in the United States Bankruptcy Court for the District of Nevada. On May 11, 2016, the Bankruptcy Court confirmed Plaintiff's plan. Plaintiff made all payments required under the terms of the plan, and the debts to each Defendant were discharged through the Bankruptcy on August 1, 2016.

         In an Equifax credit report dated September 13, 2016, Specialized Loan Servicing inaccurately reported that Plaintiff owed an outstanding balance of $74, 643 and that Plaintiff was past due in the amount of $7, 373. Specialized Loan Servicing also reported an account status of “charge-off” and a balloon payment amount of $53, 419. Plaintiff had surrendered the property associated with this debt and performed all obligations owed to Specialized Loan Servicing after filing the Chapter 13 bankruptcy.

         On October 18, 2016, Plaintiff disputed Specialized Loan Servicing's reported information by notifying Equifax, in writing, of the inaccurate credit information and requesting that it be removed, corrected, or deleted. On or about November 3, 2016, Plaintiff received notification from Equifax ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.