United States District Court, D. Massachusetts
ORDER AND MEMORANDUM ON PLAINTIFF'S MOTION FOR
SUMMARY JUDGMENT AS TO LIABILITY AND DEFENDANT'S MOTION
FOR SUMMARY JUDGMENT (DOCKET NOS. 37 & 42)
TIMOTHY S. HILLMAN DISTRICT JUDGE
Weiner (“Plaintiff”) brings this action against
MTGLQ Investors, L.P. (“MTGLQ”) and Rushmore Loan
Management Services, LLC (“Rushmore”)
(collectively, “Defendants”), alleging violations
of the Fair Debt Collection Practices Act
(“FDCPA”), 15 U.S.C. § 1692e, and the
Massachusetts Consumer Protection Act (“MCPA”),
M.G.L. c. 93A, § 2. Plaintiff moves for summary judgment
on liability. (Docket Nos. 37). Defendants cross-move for
summary judgment on liability and damages. (Docket No. 42).
For the following reasons, the Court
denies both motions.
2003, Plaintiff financed his purchase of property in
Fitchburg, Massachusetts (the “Property”), by
borrowing $124, 000.00 from Countrywide Home Loans, Inc.
(Docket Nos. 40-1, 40-2, 40-3, 45 at 12-25). Plaintiff
initially paid $684.73 a month on his mortgage, but he
modified the terms of the loan in 2010 and 2014 to reduce his
monthly payments. (Docket No. 45 at 27-37). Plaintiff does
not recall making any payments after January 1, 2015 and does
not contest that he defaulted on the loan. (Docket No. 46 at
mortgage was assigned to MTGLQ on August 18, 2016. (Docket
No. 41-5). MTGLQ hired Rushmore to service the loan, and on
August 30, 2016, Rushmore sent Plaintiff a mortgage statement
showing an outstanding balance of $16, 072.18. (Docket No. 45
at 39-43). A few months later, MTGLQ commenced a
Servicemembers Civil Relief Act (“SCRA”) action
in the Massachusetts Land Court to foreclose on
Plaintiff's property. (Docket No. 45 at 45). Chief
Justice Cutler issued an SCRA judgment on June 20, 2017.
(Docket No. 45 at 45).
27, 2017, Rushmore mailed Plaintiff a letter offering him a
potential loan modification plan (the “June
Letter”). (Docket Nos. 40-7, 45 at 52-76). In relevant
part, the June Letter states:
Congratulations! We are excited to make you an offer for a
modification program that is designed to make your mortgage
payments more affordable and help you keep your home.
TO ACCEPT THIS OFFER
Provide documentation of your monthly income and expense
information. If your mortgage payment to monthly income ratio
is less than 35% and your total monthly expenses (including
your mortgage payment) to monthly income ratio is less than
55%; you will be provided with modification terms, a three
month trial plan with a new principal balance of $125, 000
and an estimated payment of $857.60. If you make all three
payments successfully, we will permanently modify your loan!
TIME IS OF THE ESSENCE
This modification program is based upon a valuation dated
05/16/2017. . . In the event we have not heard from you
within 60 days from the date of this offer, you still may be
eligible for this program; however a new valuation will be
required. The estimate amount of debt forgiveness may change.
All other terms of this offer would remain applicable.
. . .
WHAT IF MY PROPERTY IS SCHEDULED FOR A FORECLOSURE
• In general, we will not evaluate a Borrower Assistance
Application that is submitted shortly before a scheduled
foreclosure sale date. This means that, in general, in order
for your Application to be evaluated, your complete