United States District Court, M.D. Florida, Orlando Division
GREGORY A. PRESNELL, UNITED STATES DISTRICT JUDGE
matter comes before the Court without a hearing on the Motion
to Dismiss (Doc. 44) filed by the Defendant, loanDepot.com
(henceforth, “loanDepot”), the response in
opposition (Doc. 48) filed by the Plaintiff, Eva Roman
(“Roman”), and the reply (Doc. 51) filed by
to the allegations of the First Amended Complaint (Doc. 38)
in this putative class action, which are accepted in
pertinent part as true for purposes of this motion, loanDepot
holds the mortgage on Roman's home in Kissimmee. In
September 2017, shortly after Hurricane Irma struck the area,
loanDepot offered Roman, via email, a “forbearance
plan”. (Doc. 38-1 at 3). The email described the
“forbearance plan” as “a temporary
suspension of your mortgage loan payments intended to allow
time and flexibility for you to manage the challenges
affecting your ability to pay your mortgage due to the
natural disaster.” (Doc. 38-1 at 3). According to the
email, much of which was written in a question-and-answer
format, if Roman accepted, her mortgage payments would be
“suspended for a minimum of 3 months, ”
“negative credit reporting will be suppressed”
and “late charges will be waived for the duration of
the plan.” (Doc. 38-1 at 3). In response to the
question “When will I need to repay payments under this
forbearance?”, the email provided the following answer:
Your current loan requirements remain in effect; however, you
are not required to make any payments during the term of the
forbearance plan. The amounts otherwise due have been
suspended during this time. The payments that were
temporarily suspended during the forbearance plan period are
not being forgiven, eventually they must be paid through an
approved re-payment plan or another available loss mitigation
(Doc. 38-1 at 4). The email also provided that
“negative credit reporting will be suppressed and late
charges will be waived for the duration of the plan.”
(Doc. 38-1 at 3).
accepted the forbearance plan offer on September 20, 2017.
(Doc. 38 at 2). On or about September 23, 2017, she spoke
with a loanDepot representative by telephone and asked how
she would need to pay the suspended payments. (Doc. 38 at 5).
During this conversation (henceforth, the “September 23
Conversation”), the loanDepot representative
“assured Plaintiff that her suspended payments would be
added to the end of the mortgage.” (Doc. 38 at 5-6).
about September 25, 2017, Roman received a confirmation
letter from loanDepot. It stated that the forbearance plan
“will begin on 10/1/2017 through 12/1/2017. During this
time you will not be required to make payment.” (Doc.
38-2 at 2). The letter also provided that
The forbearance plan will end 1/1/2018 at which time you will
be contacted to reassess your current circumstances as well
as be provided information on alternatives that may be
available to you. …
Please note that your current loan requirements remain in
effect; however, you are not required to make any payment
during the term of the forbearance plan. The amounts
otherwise due have been suspended during this time. . . .
CREDIT REPORTING: Please note that we will not be reporting
the delinquency status or the entry into a Forbearance Plan
to credit reporting agencies.
(Doc. 38-2 at 2).
did not make the mortgage payments that would otherwise have
been due on October 1, November 1, and December 1 of 2017
(henceforth, collectively, the “Suspended
Payments”). On or around October 17, 2017 Roman
received a loan statement from loanDepot showing that she had
not made her October 1 payment and now owed $3, 313.84 -
twice the amount of her usual payment. (Doc. 38 at 6). On or
around November 10, 2017, she received a letter from
loanDepot stating that she had missed two payments and was
now in default. (Doc. 38 at 6-7). In the letter, loanDepot
If we do not receive these payments by 12/03/2017 legal
action may be instituted, which could result in your losing
(Doc. 38 at 6-7). About a week later, Roman received another
loan statement, which showed that she had not made the
October 1 and November 1 payments and now owed $4, 970.76.
(Doc. 38 at 7).
thereafter loanDepot informed Roman that she had to either
pay the Suspended Payments immediately or enter into a loan
modification that would raise her mortgage interest rate from
3.75 percent to 4.25 percent. (Doc. 38 at 7). She refused
both options and instead asked loanDepot to add the extra
payments to the end of the loan, as she had ...