Ploog v. HomeSide Financing, Inc., 209 F. Supp. 2d 863 (Letter.D. Unwell. 2002)

Ploog v. HomeSide Financing, Inc., 209 F. Supp. 2d 863 (Letter.D. Unwell. 2002)


*864 *865 Cathleen Mbs, Daniel Good. Edelman, James O. Latturner, Chicago, IL, Keith James Keogh, Lawyers of Keith J. Keogh, Chicago, IL, getting plaintiff.

Leann Pederson Pope, Marjorie Golis Wilde, Stephen Ryan Meinrtzhagen, Burke, Warren, MacKay & Serritella, P.C., Chicago, IL, to have HomeSide Lending, Inc., offender.

Barbara Jean Anderson, Ungaretti & Harris, Chi town, IL, Lynn Adrian Goldstein, Barbara Anderson Wild, il, IL, getting Basic il NBD Mortg. Co., accused.

Heather Ploog (“Ploog”) has actually prosecuted Very first il NBD Home loan the reason (“Very first Chi town”) to own breach of price and you will breach off fiduciary responsibility and has now prosecuted HomeSide Lending, Inc. (“HomeSide”) getting violating brand new Cranston-Gonzales Amendments for the A home Payment Steps Operate (“RESPA”), a dozen U. § 2605 et seq., as well as negligence, and infraction regarding fiduciary obligation. Till the Legal is Very first Chicago’s actions so you can write off Ploog’s violation out of offer (Matter II) and you can infraction out-of fiduciary responsibility (Count III) claims pursuant so you can Federal Laws regarding Civil Processes (“Rule”) 12(b) (6) and you may 12(b) (7) and you will twenty-eight You. § 1367(c) (4). And before Legal was HomeSide’s actions so you can disregard Matters We, IV, and V pursuant so you can Laws a dozen(b) (1). To the reasons offered within this Memorandum *866 Advice and you may Acquisition, both moves is actually refuted.

Towards April 31, 1998, Ploog along with her spouse, David B. (Second Ampl. ¶ 7.) Basic Chicago repaid several possessions fees in line with the Possessions Identity Numbers (“PIN”) regarding Bixby-Ploog Home loan by which Ploog was not responsible that have Ploog’s escrow funds and therefore authored a poor tax escrow equilibrium off $5,. (Id. ¶ 8.) After that, upkeep of the Bixby-Ploog Mortgage was gone to live in HomeSide. (Id. ¶ 9.) To your Summer 4, 1999, HomeSide sent Ploog a page stating that this lady income tax escrow harmony try a bad $5,. (Id. ¶ ten.)

Bixby (“Bixby”) purchased a home having a residential real estate loan (“Bixby-Ploog Home loan”) out-of First Chi town

To the Summer eight, 1999, Ploog produced a call so you’re able to HomeSide and you may inquired on the type regarding the negative escrow equilibrium. (Id. ¶ eleven.) Anywhere between Summer 1999 and November 1999, Ploog made multiple calls to help you HomeSide asking one to the woman escrow harmony getting fixed. (Id. ¶ 12.) Into November 18, 1999, Ploog concluded that HomeSide had four PIN number for her account that were all the completely wrong. (Id. ¶ thirteen.) Into the November 18, 1999, Ploog delivered HomeSide a page advising it that fees was indeed wrongly paid off out of the woman membership, providing HomeSide the woman proper PIN count and you may demanding one to HomeSide proper their facts, and you can asking for that HomeSide build no escrow money out of this lady account. (Id. ¶ 14.) Regardless of this page, HomeSide produced an incorrect tax fee into December 20, 1999. (Id. ¶ fifteen.) Ploog generated additional tries to proper the woman membership that have HomeSide. (Id. ¶ 16-20.)

Prior to the submitting out-of the woman original ailment, Ploog never received a great substantive impulse in writing out of HomeSide out-of her page. (Id. ¶ 21.) By the fresh day away from processing the lady original complaint, HomeSide had not corrected Ploog’s taxation escrow disease. (Id. ¶ 22.) HomeSide hadn’t corrected Ploog’s taxation escrow condition contained in this sixty providers times of possibly her page. (Id. ¶ 23.)

On , just after HomeSide got purportedly fixed Ploog’s income tax escrow situation, HomeSide delivered Ploog a page saying that the lady arranged fee is $dos,, that was incorrect, which the lady fee of $step one, is shortage of to-do the girl escrow commission. (Id. ¶ 25-twenty six.) Ploog published HomeSide again towards , requesting you to definitely HomeSide proper the woman taxation escrow membership and alter their scheduled payment so you’re able to $step 1,. (Id. ¶ 27.) Ploog in addition to shut a keen escrow waiver and you can requested you to definitely she end up being permitted to make her very own tax money. (Id.) HomeSide sent Ploog a letter you to definitely did not target the issues in her own page, but stated that Ploog’s escrow repayments was basically delinquent and asking her a good $ later percentage. (Id. ¶ 28.) The brand new page from HomeSide together with reported that it would declaration Ploog towards the credit reporting agencies in the event that she don’t offer their loan latest. (Id. ¶ twenty eight.) Ploog authored so you’re able to HomeSide into the asking for one to HomeSide proper the miscalculation and you may requiring one to HomeSide perhaps not declaration their to virtually any credit bureau. (Id. ¶ 30.) Into , HomeSide sent Ploog a page approaching the lady escrow, however, which page did not explore all early in the day letters away from Ploog, but to declare that her escrow payment would be $step one,. (Id. ¶ 30.) Soon after that, Ploog acquired a letter regarding HomeSide old stating that she is into the default. (Id. ¶ 29.) Towards , HomeSide sent Ploog a couple of emails stating that Ploog and you will Bixby was reported in order to a credit bureau as actually unpaid and that *867 HomeSide got asked a modification. (Id. ¶ thirty-two.)