Collins v. America’s Servicing Co.

Dist. Ct. did not err in granting defendant-mortgage service company's motion for summary judgment in action alleging that defendant violated Ind. Home Loan Practices Act and breached forbearance contract when it charged plaintiff certain monthly late fees and reported said late payments, which, in turn, prevented plaintiff from refinancing mortgage and ultimately led to foreclosure proceedings. Terms of forbearance agreement and mortgage allowed defendant to apply plaintiff's payments to prior deficiencies before applying any surplus to current month's obligation, such that plaintiff was always deemed late in months in which he made only designated monthly payment. Moreover, language in original mortgage and forbearance agreement permitted defendant to report late payments, such that plaintiff had no cause of action under Ind. statute.