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Date: 03-27-2023

Case Style:

Edward Fogg, et al. v. Selene Finance, L.P.

Case Number: 3:21-CV-05351

Judge: John H. Chun

Court: United States District Court for the Western District of Washington (King County)

Plaintiff's Attorney:

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Defendant's Attorney: Anthony C. Soldato and Gregory A. Nensrude

Description: Seattle, Washington consumer credit lawyer represented Plaintiffs who sued Defendant on a Real Estate Settlement and Procedure Act violation theories.

Edward and Maria Fogg own and manage a property located in Vancouver, Washington. Dkt. # 1-1 at 5 (complaint). In 2009, the Foggs executed a promissory note and deed of trust in connection with the property. Id. Wilmington Savings Fund Society, FSB currently holds the promissory note, and Selene Finance, LP currently acts as the loan's service.

A little over a decade ago, the Foggs filed for Chapter 11 bankruptcy. Dkt. # 14-3. The bankruptcy plan that followed modified the terms of the loan: It stated that the interest rate would be 4.5% per annum, and that the monthly installment of principal and interest (excluding escrow costs) would be $602.05.

The Foggs have had a rocky relationship with Selene since Selene began servicing their loan. Most importantly here, the Foggs allege that Selene failed to respond to their written statements (known as “qualified written requests” or “QWRs”) alleging account errors and requesting additional information. See generally Dkt. ## 1-1; 16. The Foggs also contend that Selene impermissibly reported delinquencies to credit reporting agencies, that Selene failed to adjust their loan to reflect the modified payment schedule imposed by the bankruptcy plan, and that Selene improperly refused their method of payment (which used two checks instead of one).

In April 2021, the Foggs filed this action in Clark County Superior Court. Dkt. # 1-1. The complaint appears to assert two federal causes of action under the Real Estate Settlement and Procedure Act (RESPA): (1) a cause of action based on “Selene's failure or refusal to timely respond to plaintiffs' Qualified Written Requests,” and (2) a cause of action based on “Selene's false report to credit reporting agencies that plaintiffs' [sic] were in default.” Dkt. # 1-1 at 1112.[1]The Foggs remaining causes of action sound in state law, including breach of the promissory note/deed of trust, breach of the duty of good faith and fair dealing, and violation of the Washington Consumer Protection Act (Washington CPA).

In May 2021, Defendants removed the action to this Court based on federal question jurisdiction.

Defendant filed a motion to dismiss the federal claims.

Outcome: Granted and case remanded to the Clark County Superior Court.

Plaintiff's Experts:

Defendant's Experts:


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