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Consumer Law Keyed to Whaley, 9th Ed.
Marchisio v. Carrington Mortgage Services, LLC
Citation:
919 F.3d 1288 (2019)Facts
The Marchisios defaulted on two mortgage loans in August 2008. Carrington filed foreclosure, which the parties settled in December 2009 with the Marchisios deeding their property to Carrington in exchange for Carrington’s agreement to report the debt as discharged with zero balance. Despite this agreement and a subsequent April 2011 court order confirming the settlement, Carrington continued reporting the debt as delinquent and resumed collection efforts. The Marchisios filed their first federal lawsuit in July 2012. The parties settled in January 2013, with Carrington agreeing to pay $125,000 and report the second loan as having zero balance within 90 days. Carrington missed this deadline, issuing three more false reports before belatedly correcting the balance on April 25, 2013, but then incorrectly reporting a $34,985 balloon payment due in 2021. When the Marchisios disputed this with credit agencies in November 2013, Carrington’s investigator verified the false information because Carrington’s databases lacked information about the settlement agreements. Carrington also sent lender-placed insurance letters demanding payment for insurance on property the Marchisios no longer owned.
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