United States District Court, D. Rhode Island
MEMORANDUM AND ORDER
WILLIAM E. SMITH, Chief Judge.
the Court is Defendant's Motion for Summary Judgment.
(ECF No. 8.) For the reasons set forth below, Defendant's
Motion is DENIED.
Facts and Procedural History
and Rita Yuszczak (“Plaintiffs”) are residents of
Burrillville, Rhode Island. On May 14, 2008, Plaintiffs
acquired a mortgage loan for their home from Seacoast
Mortgage Corporation. That mortgage was subsequently
transferred to DLJ Mortgage Capital
(“Defendant”), a Delaware Corporation, sometime
between July of 2014 and February of 2015. On February 3,
2016, Plaintiffs filed a Complaint in Rhode Island Superior
Court alleging that Defendant failed to notify Plaintiffs of
the mortgage transfer as required under the Truth in Lending
Act (“TILA”). (ECF No. 1-1.) Specifically,
Plaintiff alleges that Defendant failed to comply with the
following TILA requirement:
not later than 30 days after the date on which a mortgage
loan is sold or otherwise transferred or assigned to a third
party, the creditor that is the new owner or assignee of the
debt shall notify the borrower in writing of such transfer,
(A) the identity, address, telephone number of the new
(B) the date of transfer;
(C) how to reach an agent or party having authority to act on
behalf of the new creditor;
(D) the location of the place where transfer of ownership of
the debt is recorded; and
(E) any other relevant information regarding the new
15 U.S.C. § 1641(g)(1) (emphasis in original).
removed this lawsuit to federal court. Discovery closed on
August 26, 2016 (Pretrial Scheduling Order, ECF No. 6) and
Defendant subsequently submitted a Motion for Summary
Judgment (ECF No. 8). After several extensions, Plaintiffs
filed their Objection (ECF No. 16), and Defendant submitted a
Reply (ECF No. 17).
Standard of Review
summary judgment motion, the parties are required to supply
facts by “citing to particular parts of materials in
the record . . . .” Fed.R.Civ.P. 56(c)(1)(A). The Court
then views the facts in the light most favorable to the
non-moving party and grants summary judgment only if
“there is no genuine dispute as to any ...