Post-Discharge Credit Inquiries by Mortgage Servicer did not Violate FCRA
By EsqSocial Corporation 05/01/21
A divided panel of the U.S. Court of Appeals for the Ninth Circuit recently held that a mortgage servicer had a permissible purpose for pulling the consumer reports of three borrowers for whom it serviced two mortgages even though the borrowers’ personal liability on the mortgages had been discharged in bankruptcy. Marino v. Ocwen Servicing, LLC, 978 F.3d 669 (9th Cir. 2020). Specifically, the servicer was authorized to access the borrowers’ consumer reports in order to evaluate them for loss...
By: Smith Debnam Narron Drake Saintsing & Myers,