Meanwhile, Anderson mailed EMC a check for his April monthly payment on April 6. 2 As Anderson had closed the bank account without leaving funds to pay the December check, the bank returned the substitute check to EMC unpaid with the notation “Closed Account.” EMC then “un-credited” the December payment and reported to the defendant CRAs in early April that Anderson's account was thirty days past due. EMC at last presented a substitute check for the December payment to Anderson's bank in mid-March. Anderson made monthly payments in January, February, and March 2007, keeping his account with EMC current. EMC received the check and credited Anderson's account, but the check was lost or destroyed before being presented to Anderson's bank for payment. On December 5, 2006, Anderson mailed EMC a check for his monthly mortgage payment that is due the first day of each month. Reviewing the grant of summary judgment de novo, we affirm. Anderson now appeals the district court's 1 grant of summary judgment dismissing his FCRA claim against EMC. After the case was removed to federal court, the other defendants were separately dismissed. §§ 1681o, 1681s-2(b), by “furnish inaccurate information.” Complaint ¶ 30. He alleged that EMC violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. Decided: February 09, 2011īefore LOKEN, SMITH, and COLLOTON, Circuit Judges.Īfter Chad Anderson's damaged credit rating caused him to lose favorable financing for a real estate purchase, he commenced this action in state court against a real estate adviser or broker, two credit reporting agencies (CRAs), and the furnisher of the adverse credit information, EMC Mortgage Company (EMC), which holds a second mortgage on Anderson's home. EMC MORTGAGE CORPORATION, Defendant-Appellee. United States Court of Appeals,Eighth Circuit.Ĭhad L.
0 Comments
Leave a Reply. |