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.

ELMORE v. NORTH FORK BANCORPORATION

July 13, 2004.

LEONARD J. ELMORE, Plaintiff,
v.
NORTH FORK BANCORPORATION, INC., Defendant.



The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

MEMORANDUM OPINION

This action under the Fair Credit Reporting Act*fn1 (the "Act") is before the Court on defendant's motion to dismiss or, alternatively, for summary judgment dismissing the complaint.

  Facts

  The complaint, the allegations of which are accepted as true for purposes of this motion,*fn2 alleges the following.

  The Defaulted Loan

  In 1993, Moses Elmore, Jr., plaintiff's father, obtained a mortgage loan on premises located in Jamaica, New York, from defendant's predecessor-in-interest. Although the title to the property was in plaintiff's name in 1976, the complaint is silent as to the status of legal title at the time the loan was obtained. Nevertheless, plaintiff was not an obligor on the mortgage note and never was indebted to defendant or its predecessor.

  Moses Elmore died intestate in 1999. In an effort to protect the assets of the estate, plaintiff made a number of payments on the mortgage, and the bank began addressing correspondence concerning the loan to Moses Elmore in care of plaintiff. At no time, however, did plaintiff assume any obligations to the defendant or become an obligor on the note. When the probate proceeding became protracted, plaintiff ceased making mortgage payments. The mortgage went into default in December 2000 and eventually became the subject of a foreclosure proceeding. The property was sold in March 2002. Proceeds more than sufficient to satisfy the bank's loan were placed in escrow and eventually disbursed in full satisfaction of the mortgage loan.

  The Credit Reports

  At some point, the defendant bank reported the defaulted loan to a consumer credit reporting service and claimed that plaintiff was jointly responsible on the mortgage.

  Plaintiff learned of the bank's report when he was denied a credit card. On October 29, 2001, he wrote to the bank, advised it of the inaccuracy, threatened legal action, and demanded that the bank cease disseminating false credit information, retract the information that it already had disseminated, and provide proof that it had done so.

  The bank responded on November 14, 2001. It represented "that, as of October 31, 2001, the requisite information has been transmitted to the credit bureaus to correct this error" and apologized for any inconvenience.

  In the summer of 2002, plaintiff sought to refinance his home mortgage. His mortgage broker requested a credit report from MCR of America, which reported that plaintiff was in default on the North Fork mortgage. Plaintiff alleges that he was unable to refinance his mortgage in consequence of North Fork's erroneous report.

  The complaint contains two claims for relief. The first alleges that defendant willfully and wantonly (a) furnished to consumer reporting agencies information that it knew or consciously avoided knowing was inaccurate, (b) did so after having been notified by plaintiff that the information was inaccurate, and (c) failed to correct and update the information it had provided. The second alleges that ...


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.