THOMAS J. CATLIOTA, U.S. BANKRUPTCY JUDGE.
Before the court are cross-motions for summary judgment filed by debtor/plaintiff
The court has jurisdiction over this adversary proceeding pursuant to 28 U.S.C. § 1334(b). All parties have consented to the court entering a final order and judgment in accordance with Local Bankruptcy Rule 7012-1(b). ECF 94, 95, and 96. The court held a hearing on the cross-motions on July 6, 2016. For the reasons set forth in this ruling, the court will grant summary judgment to BANA and Seterus and deny Mr. Blackston's cross-motions.
In May 2006, Mr. Blackston entered into a loan with BANA secured by a deed of trust. ECF 49-3 and 49-4. The deed of trust encumbered 10412 Pookey Way, Upper Marlboro, Maryland (the "Property"). The parties agreed to waive the requirement for an escrow account for taxes and insurance (the "Escrow Waiver"). ECF 50-1 at p. 32 of 76. The Escrow Waiver was governed by an agreement that provided circumstances under which the borrower's actions could result in a revocation of the Escrow Waiver, such as failing to pay an expense when due, failing to give evidence of a paid expense, or failing to make timely note payments. Id. In addition, paragraph 3 of the deed of trust provided that BANA could revoke the Escrow Waiver at any time by notice. ECF 49-4 at p. 5-6 of 17.
The regular monthly payment without an escrow component was $2,417.67.
On July 9, 2012, Mr. Blackston sent a handwritten letter to BANA (the "July 9, 2012 letter"). ECF 53-8. The letter stated,
Id. at p. 1-2.
In response to the July 9, 2012 letter, BANA sent Mr. Blackston a number of documents. ECF 53-9. These included a four-page Borrower Assistance Form, also known as Form 710. A copy of the four-page Form 710 is submitted in the record at ECF 53-9, and the parties agree this document was the blank Form 710 sent by BANA to Mr. Blackston in response to the July 9, 2012 letter.
On July 19, 2012, the Neighborhood Assistance Corporation of America ("NACA") submitted to BANA a package of documents seeking a modification of Mr. Blackston's loan (the "July 19, 2012 Package"). ECF 49-5, or Exh. C to the Cooper Aff. The July 19, 2012 Package contained a number of documents signed by Mr. Blackston or evidencing his electronic signature,
The initial and primary source of the dispute between the parties is NACA's submission to BANA of the last page of Form 710 in the July 19, 2012 Package. Under the guidelines of the Home Affordable Modification Program ("HAMP"), an escrow fund is required for property taxes and insurance for a HAMP modification. ECF 50-1, Hall Aff. ¶ 13. Thus, lenders require a borrower seeking a HAMP modification to submit the Borrower/Co-Borrower Acknowledgement and Agreement, which acknowledges in paragraph 10 the borrower's agreement that any prior escrow waiver has been revoked. Accordingly, when BANA received the last page of Form 710 from NACA in the July 19, 2012 Package, it operated on the understanding that Mr. Blackston had revoked the Escrow Waiver in order to seek the loan modification. Based on this understanding, BANA paid real property taxes for the Property on August 3, 2012, in the amount of $2,089.14.
While Mr. Blackston acknowledges he began working with NACA in July 2012 concerning his mortgage loan options, and a number of documents in the July 19, 2012 Package contain his hard or electronic signature, he states in his affidavit that he did not apply for a loan modification with BANA on July 19, 2012, and that he did not complete nor submit to BANA a Form 710 in 2012. ECF 70-1 at ¶ 20.
The facts concerning whether NACA was authorized by Mr. Blackston to submit the Form 710 to BANA on his behalf and why it did so are not established on this record. Thus, there are issues of fact in dispute concerning what, if any, affect NACA's submission to BANA of the last page of Form 710 in the July 19, 2012 Package had on the loan relationship between BANA and Mr. Blackston. However, there is no basis to dispute the fact that, once BANA received the last page of Form 710 from NACA in the July 19, 2012 Package, it operated on the understanding, whether or not correctly, that based on paragraph 10 of Form 710, Mr. Blackston had revoked the Escrow Waiver.
By letter dated November 2, 2012, BANA notified Mr. Blackston that his request to remove the escrow account was denied. ECF 49-6. The letter stated that:
Id.
Mr. Blackston was offered a modification by BANA, but he declined the modification apparently because the modification required a revocation of the Escrow Waiver.
On December 1, 2012, BANA transferred the servicing of the loan to Seterus. According to BANA's records received by Seterus, an escrow account was active on the loan, the loan was transferred in default status due for the November 1, 2012 payment, and the escrow account had a deficient balance of $1,424.50.
On February 14, 2013, Mr. Blackston submitted a loan modification application to Seterus. He submitted, among other documents, an executed Form 710 which included the Borrower/Co-Borrower Acknowledgement and Agreement on the last page. ECF 61, Exh. E to Hall Aff. As described above, paragraph 10 of that document states "I agree that any prior waiver as to my payment of escrow items to the Servicer in connection with my loan has been revoked." Id.
In March 2013, Seterus sent several notices to Mr. Blackston regarding his delinquent account, and it also offered him a loan modification. Seterus also sent notice to Mr. Blackston on March 11, 2013, of a notice of intent to foreclose. Id. at Exh. H to Hall Aff. On March 13, 2013, Seterus also offered Mr. Blackston a trial period modification plan. Id. at Exh. F to Hall Aff. Seterus notified Mr. Blackston, on March 17, 2013, that his payment of $1,597.03, was less than full payment. ECF 78, Exh. B.
On June 3, 2013, Seterus offered Mr. Blackston a permanent loan modification. ECF 61, Exh. G to Hall Aff. Mr. Blackston declined the loan modification.
On June 25, 2013, Mr. Blackston sent a letter to Seterus, which stated that BANA had paid the property taxes in error. ECF 64-2. Mr. Blackston wrote to Seterus on October 7, 2013, to request a clarification of his loan. On October 25, 2013, Seterus responded and stated that Mr. Blackston had failed to pay hazard insurance in August 2012 while the loan was serviced by BANA. ECF 53-10. Seterus stated in the letter that due to Mr. Blackston's failure to pay hazard insurance BANA established an escrow account. Id.
On February 14, 2014, Seterus commenced a foreclosure action.
Mr. Blackston filed for chapter 13 bankruptcy relief on November 7, 2014.
The standards that apply to the cross-motions for summary judgment are well established:
In re French, 499 F.3d 345, 351-52 (4th Cir.2007). The court will first address the claim against BANA before turning to the claims against Seterus.
Mr. Blackston asserts against BANA a claim for negligence in administering and accounting for the loan. He argues that BANA breached a duty owed to him when it failed to communicate that it revoked the Escrow Waiver, which in turn prevented him from addressing the problem prior to Seterus becoming the servicer. This claim fails as a matter of law.
To assert a negligence claim a party must establish four elements: a duty owed to the plaintiff, a breach of that duty, a legally cognizable causal relationship between the breach of the duty and the harm suffered, and damages. See Jacques v. First Nat'l Bank of Maryland, 307 Md. 527, 515 A.2d 756, 758 (1986). Here, the parties dispute whether BANA owed Mr. Blackston a tort duty. It is well established that the court decides whether a legal duty exists. Legore v. OneWest Bank, FSB, 898 F.Supp.2d 912, 918 (D. Md. 2012).
As stated in Jacques,
Jacques, 515 A.2d at 759 (internal quotations and citations omitted).
In Jacques, the court held that under the particular facts of that case, a bank, which agreed to process a loan application, owes its customer a duty of reasonable care in the processing and determination of that application. Subsequent to Jacques, a number of Maryland state and federal courts have considered if and when a tort duty arises in the context of a lender and
The Parker court found compelling the analysis in Tokarz v. Frontier Federal Sav. & Loan Ass'n, 33 Wn.App. 456, 656 P.2d 1089 (1982). It recognized the four special circumstances, identified in Tokarz, that might dictate a duty imposed on a bank in the context of a construction loan arrangement. See Parker, 604 A.2d at 533. The four circumstances include situations where "the lender (1) took on any extra services on behalf of the borrowers other than furnishing the money for a construction of a home; (2) received any greater economic benefit from the transaction other than the normal mortgage; (3) exercised extensive control over the construction; or (4) was asked by the borrowers if there were any lien actions pending." Id. These special circumstances are not exclusive.
Before this court, there is nothing in the record that could lead to the conclusion that any special circumstances exist in this case. The loan transaction between BANA and Mr. Blackston is not a construction loan, but a straightforward mortgage loan that requires no special service, unusual control, or expertise or reliance. At its core, Mr. Blackston's claim is that BANA breached its contract with him by revoking the Escrow Waiver without providing proper notice. The obligations of both parties with respect to the Escrow Waiver were spelled out in the loan and other documents, specifically paragraph 3 of the deed of trust, the Escrow Waiver agreement and the Form 710, to the extent it applies. There are no special circumstances in this case to impose a tort duty on BANA nor is there a need to do so in light of the contract provisions between the parties.
Mr. Blackston argues that he paid a higher rate of interest for the loan because he received the Escrow Waiver, which places him within the second category of special circumstance identified in Tokarz. The court disagrees. If anything, the Escrow Waiver gave less control over the relationship since Mr. Blackston was required to satisfy the insurance and tax obligations directly. Moreover, a number of factors go into the determination of an interest rate on a loan, such as loan-to-value ratio, income ratios, credit worthiness of the borrower, and as alleged by Mr. Blackston in this case, the waiver of the requirement for an escrow account. The existence of different interest rate pricing factors do not constitute special circumstances.
The court's conclusion is buttressed by the holding in Legore, and the many cases it cites. As stated by the United States District Court of the District of Maryland, "[t]his Court agrees with every other court to consider the issue that the HAMP loan modification process does not create the `special circumstances' required to form a tort duty under Maryland law." Legore, 898 F.Supp.2d at 919 (citations omitted). Here, the undisputed facts establish that BANA did not itself revoke the Escrow Waiver, but that it treated the Escrow Waiver as being revoked by the Form 710 submitted by NACA in the July 19, 2012 Package. Thus, the dispute over the effectiveness
Mr. Blackston asserts five counts against Seterus: Count 1, for breach of contract; Count 3 for violation under the Maryland Consumer Protection Act; Count 4, for violation of Maryland's Mortgage Fraud Protection Act; Count 5 for negligence; and Count 7 for defamation. Like his claim against BANA, Mr. Blackston's claims against Seterus are based on his contention that Seterus improperly revoked the Escrow Waiver, resulting in Seterus asserting an improper loan default and wrongfully attempting to foreclose.
These claims must be considered in light of the undisputed material facts. Seterus began servicing the loan on December 1, 2012. There is no dispute that, on February 14, 2013, Mr. Blackston applied for a loan modification. He submitted to Seterus, among other documents, an executed Form 710. As described above, the last page of that document was the Borrower/Co-Borrower Acknowledgement and Agreement, which states in paragraph 10: "I agree that any prior waiver as to my payment of escrow items to the Servicer in connection with my loan has been revoked." ECF 61, Exh. E to Hall Aff. Thus, it was entirely appropriate, at least after February 14, 2013, for Seterus to service the loan on the understanding that the Escrow Waiver had been revoked, because Mr. Blackston himself acknowledged the revocation in a signed writing. The court concludes that any claim by Mr. Blackston that Seterus improperly serviced the loan after February 14, 2013, based on the allegedly improper revocation of the Escrow Waiver must fail as a matter of undisputable fact.
Mr. Blackston disputes the meaning of paragraph 10 of the Borrower/Co-Borrower Acknowledgement and Agreement in Form 710. He argues that, when paragraphs 8 and 11 are read together with paragraph 10, the document supports his interpretation that the Escrow Waiver revocation would only be effective if he entered into a loan modification. He argues therefore, that because he never entered a loan modification, there was no revocation of the Escrow Waiver. The court disagrees.
"Under Maryland law, the interpretation of a contract, including the determination of whether a contract is ambiguous, is a question of law." Washington Metro. Area Transit Auth. v. Potomac Inv. Properties, Inc., 476 F.3d 231, 234-35 (4th Cir.2007) (quoting Gresham v. Lumbermen's Mut. Cas. Co., 404 F.3d 253, 260 (4th Cir.2005)). "A contract is ambiguous if it is subject to more than one interpretation when read by a reasonably prudent person." Sy-Lene of Washington v. Starwood Urban Retail II, LLC., 376 Md. 157, 829 A.2d 540, 547 (2003). "In determining whether a writing is ambiguous, Maryland has long adhered to the law of the objective interpretation of contracts." Calomiris v. Woods, 353 Md. 425, 727 A.2d 358, 363
Therefore, when interpreting a contract the court's task is to:
General Motors Acceptance, 492 A.2d at 1310. Further, the Fourth Circuit has explained how these standards are to be applied on summary judgment:
Goodman v. Resolution Trust Corp., 7 F.3d 1123, 1126 (4th Cir.1993) (internal citations and quotations omitted). "Therefore, summary judgment is appropriate when the contract in question is unambiguous or when an ambiguity can be definitively resolved by reference to extrinsic
The court begins with the operative provision. Paragraph 10 provides that the signer agrees that "any prior waiver as to my payment of escrow items to the Servicer in connection with my loan has been revoked." This language is plain and unambiguous. Mr. Blackston offers no other explanation for this express language, which states in no uncertain terms that "any prior [escrow] waiver ... has been revoked."
Rather than challenging the meaning of the language of paragraph 10, Mr. Blackston points to paragraphs 8 and 11 to support his point. Paragraph 8 provides:
ECF 50-1, Exh. E to Hall Aff., p. 37 of 76. Mr. Blackston argues that this provision means that the acknowledgements and agreements set forth in the form are only effective if he is granted a modification plan and he accepts and agrees to such a plan. This argument is unpersuasive. The operative language in paragraph 8 simply states that if the parties enter into a modification plan, the "terms of this Acknowledgment and Agreement [will be] incorporated into such plan by reference as if set forth in such plan in full." It does not state that the acknowledgements and agreements made by the borrower will only be effective if a modification plan is entered into. Stated otherwise, stating that a provision will be incorporated into a future document does not mean it is not currently effective. Further, it cannot reasonably be disputed that many of the acknowledgements and agreements are meant to be applicable upon execution. For example, paragraph 1 states that the information submitted by the borrower is "truthful and the hardships identified above has contributed to the submission of this request for mortgage relief." Id. at ¶ 1. Under no reasonable interpretation of the document could it be said that the borrower certifies the accuracy of submitted information only if a modification plan is entered into. The same can be said for the other acknowledgements and agreements made, which are effective upon execution. See, e.g., id. at ¶¶ 2, 3, 5, 6, 12, 13, and 14. Paragraph 10 is one such acknowledgement. Mr. Blackston's interpretation of paragraph 8 fails.
Mr. Blackston also points to paragraph 11 to support his position. It provides, "If I qualify for and enter into a repayment plan, forbearance plan, and trial period plan, I agree to the establishment of an escrow account and the payment of escrow items if an escrow account never existed on my loan." He argues this statement implicitly means the Escrow Waiver revocation is effective only if he accepts a modification plan. He further argues that paragraph 11 is superfluous under Seterus' interpretation of paragraph 10; if paragraph 10 effectuates the revocation of the Escrow Waiver, the borrower would be required to enter into an escrow account whether or not a modification plan is accepted. The court disagrees, for several reasons.
Initially, assuming for purposes of the motion that paragraphs 10 and 11 are in conflict, it is well established that "[w]here two clauses or parts of a written agreement are apparently in conflict, and one is general in character and the other is specific, the specific stipulation will take precedence over the general, and control it." Heist v. Eastern Sav. Bank, FSB, 165 Md.App. 144, 884 A.2d 1224, 1228 (Md.Ct. Spec.App.2005) (citation omitted). Paragraph
In addition, another
Id. (citation omitted). Here, the subject matter of the document is a request to modify the loan. The document addresses the modification process and sets forth certain acknowledgements being made by the borrower upon which the lender relies in processing the application, and the understanding of what will occur if the modification is approved and effectuated. It does not address what happens to the existing loan if there is no modification; the existing loan documents govern that instance. Viewed in that context, paragraph 11 is simply the affirmative corollary to paragraph 10. While paragraph 10 makes it clear that any escrow waiver is revoked, paragraph 11 requires the borrower to acknowledge that, if a modification plan is entered into, the borrower will be required to establish an escrow account upon modification even if one "never existed on [the] loan." Paragraph 11 is not inconsistent with paragraph 10. The court therefore concludes that paragraph 11 does not create an ambiguity in the interpretation of the otherwise unambiguous and straightforward language of paragraph 10.
Mr. Blackston also states that his submission of Form 710 to Seterus was compulsory because Seterus required him to do so.
For the foregoing reasons, the court determines that Mr. Blackston's claims against Seterus after February 14, 2013, based on the allegation that it improperly revoked the Escrow Waiver cannot survive. This leaves for consideration any claims Mr. Blackston has against Seterus from December 1, 2012, when it began servicing the loan, through February 14, 2013.
In Count 1, Mr. Blackston states a breach of contract claim against Seterus for improper revocation of the Escrow Waiver. Under Maryland law, to state a claim for breach of contract, a plaintiff "`must of necessity allege with certainty and definiteness facts showing a contractual obligation owed by the defendant to the plaintiff and a breach of that obligation by defendant.'" Polek v. J.P. Morgan Chase Bank, N.A., 424 Md. 333, 36 A.3d 399, 416 (2012) (emphasis removed) (quoting Cont'l Masonry Co. v. Verdel Constr. Co., 279 Md. 476, 369 A.2d 566, 569 (1977)).
The threshold question is whether a contract exists between Mr. Blackston and Seterus. Here, the contracts in question are the deed of trust, promissory note, and Escrow Waiver agreement. Seterus was not a party to any of these agreements. Nor were these agreements assigned to Seterus. Therefore, Seterus is not a party to these agreements and cannot be held liable for breach of contract. See Ayres v. Ocwen Loan Servicing, 2014 WL 4269051, *4 (D.Md.2014) (breach of contract claim was dismissed because the servicer did not owe a contractual duty to borrower); see also Ruff v. America's Servicing Co., 2008 WL 1830182, *3 (W.D.Pa. 2008) (servicer was not a party to the mortgage and could not be held liable for breach of contract).
In Count 3, Mr. Blackston asserts a violation of the Maryland Consumer Protection Act ("MCPA"), Md. Code Ann., Com. Law § 13-301 et seq., against Seterus. The MCPA prohibits "unfair or deceptive trade practices." See Md. Code Ann., Com. Law § 13-301. Unfair or deceptive trade practices includes "[f]alse, falsely disparaging, or misleading oral or written statement, visual description, or other representation of any kind which has the capacity, tendency, or effect of deceiving or misleading consumers" and "[f]ailure to state a material fact if the failure deceives or tends to deceive." Id. at § 13-301(1) and (3).
A private party bringing a claim under the MCPA must allege "(1) an unfair or deceptive practice or misrepresentation that is (2) relied upon, and (3) causes them actual injury." Stewart v. Bierman, 859 F.Supp.2d 754, 768 (D.Md. 2012), aff'd, 528 Fed.Appx. 297 (4th Cir. 2013). The injury must be "objectively identifiable ... [i]n other words, the consumer must have suffered an identifiable loss, measured by the amount the consumer spent or lost as a result of his or her reliance" on the misrepresentation. Lloyd v. Gen. Motors Corp., 397 Md. 108, 916 A.2d 257, 277 (2007). Moreover, because the allegations of a MCPA claim sound in fraud, Fed. R. Civ. P. 9(b)'s heightened
The uncontradicted record establishes that when Seterus began servicing the loan, the loan had been designated by BANA (again, whether or not correctly) as subject to an escrow account and in default. Seterus simply serviced the loan based on that information. There are no facts in the record from which a factfinder could conclude that Seterus engaged in an unfair or deceptive practice or misrepresentation, and certainly no facts that could establish that Mr. Blackston relied upon any such actions. To the contrary, he argues that he challenged the revocation of the Escrow Waiver every step of the way and continues to do so.
In Count 4, Mr. Blackston asserts a violation of the Maryland Mortgage Fraud Protection Act ("MFPA"), Md. Code Ann., Real Prop. § 7-401 et seq., against Seterus. The MFPA states that "[a] person may not commit mortgage fraud." Md. Code Ann., Real Prop. § 7-402. "Mortgage fraud" means any action by a person made with the intent to defraud that involves, among other things, "[k]nowingly making any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intent that the misstatement, misrepresentation, or omission be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process." Id. at § 7-401(d)(1). The MFPA provides a private right of action "for damages incurred as a result of a violation of this subtitle." Id. at § 7-406(a)(1).
In order to state a claim under the MFPA, a plaintiff must make the same allegations as required to prove a general case of fraud. See Castle v. Capital One, N.A., 2014 WL 176790, at *5 (D.Md. Jan. 15, 2014), aff'd, 593 Fed.Appx. 223 (4th Cir.2015). An MFPA claim must also meet the heightened pleading standard of Fed. R. Civ. P. 9(b). Ademiluyi v. PennyMac Mortg. Inv. Trust Holdings, LLC, 929 F.Supp.2d 502, 532 (D.Md.2013).
Mr. Blackston has not pointed to any facts that could support a fraud claim against Seterus from December 1, 2012, to February 14, 2013. Mr. Blackston has not identified any facts from which a factfinder could conclude Seterus acted with intent to defraud Mr. Blackston. And, again, he fails to establish reliance, since he contends he continually disputed that the Escrow Waiver had been revoked.
In Count 5, Mr. Blackston asserts a claim for negligence against Seterus. This claim fails for the same reasons as his negligence claim against BANA fails, discussed above. When there is economic loss, tort liability may be imposed when there is "an intimate nexus between the parties" that is satisfied by "contractual privity or its equivalent." Jacques, 515 A.2d at 759-60. Maryland courts have consistently found that there is not an intimate nexus between a mortgage servicer and its loan customer. Ayres v. Ocwen Loan Servicing, LLC, 2014 WL 4269051, *4 (D.Md. Aug. 27, 2014); see e.g., Farasat v. Wells Fargo, Bank, N.A., 913 F.Supp.2d 197, 207-08 (D.Md.2012); Bowers v. Bank of America, N.A., 905 F.Supp.2d 697, 703 (D.Md.2012); Legore, 898 F.Supp.2d at 919 (collecting cases); Parker, 604 A.2d at 532.
In Count 7, Mr. Blackston asserts a defamation claim against Seterus for falsely reporting to credit reporting agencies that he was delinquent on his loan. To prove a claim of defamation under Maryland law, a plaintiff must establish
Gohari v. Darvish, 363 Md. 42, 767 A.2d 321, 327 (2001) (internal quotations and citations omitted).
Section 1681h(e) of the Fair Credit Reporting Act (the "FCRA"), found in Title 15 of the U.S. Code, preempts state law defamation claims against any person who provides information to a consumer reporting agency, and provides the standard which a plaintiff must establish to assert such a claim. It provides that:
15 U.S.C. § 1681h(e); see also Spencer v. Hendersen-Webb, Inc., 81 F.Supp.2d 582, 597 (D.Md.1999) (the FCRA provides qualified immunity from state law defamation claims provided that it was not done with malice or willful intent to injure). The FCRA requires that the false information must be furnished with "willful intent to injure" or "malice," which means that the creditor acted with "reckless disregard to the truth or falsity of the reported debt." Spencer, 81 F.Supp.2d at 598 (citing Thornton v. Equifax, Inc., 619 F.2d 700, 705 (8th Cir.1980)); see also Alston v. United Collections Bureau, Inc., 2014 WL 859013, *4-5 (D.Md. Mar. 4, 2014) (plaintiff must plead facts that the creditor had serious doubts as to the veracity of its reporting).
The Alston case is instructive. The plaintiff alleged that the creditor reported to the three credit bureaus that the plaintiff's account was past due. The plaintiff asserted that the creditor knew that the account was paid in full or that they were barred from collecting the debt because it fell outside of the statute of limitations, and argued that the inaccurate credit reports were published as a result. On a motion to dismiss, the court determined that the plaintiff had not pled sufficient fact to show that the creditor acted with the requisite malice or willful intent to injure when it reported that the account was delinquent. Alston, 2014 WL 859013 at *3-4. The court stated that there was nothing in the amended complaint that showed the creditor knew the information to be false or that it had serious doubts as to its veracity when it transmitted the information to the credit bureaus. Id.
Here, the court determined above that Seterus properly treated the Escrow Waiver as being revoked no later than February 14, 2013, when it received the executed Form 710 from Mr. Blackston. There is no dispute that after that date Mr. Blackston continued to make monthly payments at the lower amount without including the escrow component. Thus, after February 14, 2013, at the latest, Seterus was correct to report the loan as delinquent and any report to the credit agencies to that effect could not be defamatory.
For the foregoing reasons, the court concludes that there are no issues of material fact in dispute and BANA and Seterus are entitled to judgment as a matter of law. Accordingly, the court will grant the motions for summary judgment of BANA and Seterus, and deny the motions by Mr. Blackston. A separate order will follow.
Wilson v. Ocwen Loan Servicing LLC, 2013 WL 5276543, at *7 (D.Md. Sept. 18, 2013). Mr. Blackston has not pointed to any facts that could meet this standard.
