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Bayer v. Citimortgage, Inc.

United States District Court, M.D. Pennsylvania

August 22, 2014

PATRICIA BAYER, Plaintiff,
v.
CITIMORTGAGE, INC., Defendant.

MEMORANDUM

MATTHEW W. BRANN, District Judge.

Before the Court is Plaintiff Patricia Bayer's ("Plaintiff" or "Bayer") Motion to Enforce Judgment Reached at Mediation (ECF No. 19) on April 2, 2013 with Defendant CitiMortgage, Inc. ("Defendant" or "CitiMortgage"). The Parties briefed the matter. The Court held a hearing on the motion on July 17, 2014 at which it evaluated the evidence and credibility of the Parties and their counsel. In accordance with the following, the Plaintiff's Motion to Enforce Judgment is granted.

Pursuant to Federal Rule of Civil Procedure 52, the Court enters the following findings of fact and conclusions of law.

I. FINDINGS OF FACT

Plaintiff Patricia Bayer obtained a $131, 000 loan on August 30, 2007 from Castle Point Mortgage, Inc. In May 2008, the loan was assigned to CitiMortgage, which also serviced the loan. On November 10, 2011, Bayer filed the Complaint originating the instant lawsuit against CitiMortgage, alleging multiple violations of federal and state law. Plaintiff's claims were essentially predicated upon her contention that, when she entered into a loan modification agreement with CitiMortgage to settle prior litigation in December 2009, she was relieved of her obligation to pay CitiMortgage escrow for taxes and insurance.

Pursuant to the mediation program maintained by the United States District Court for the Middle District of Pennsylvania, the Parties in this matter attended a voluntary mediation before mediator Walter Grabowski, Esquire on April 2, 2013. Those present at the mediation included: Bayer, her attorney William Schwab, Esquire; CitiMortgage attorney Martin Bryce, Esquire; a CitiMortgage representative; and Mr. Grabowski., Attorneys for both Parties had binding settlement authority at the mediation.

At the conclusion of the mediation, the Parties reached a settlement agreement on material terms. The Parties agreed to memorialize these terms in a subsequent writing. Mr. Grabowski believed that settlement was reached at the mediation, and he later reported to the Court that a settlement was in fact reached.

The terms the Parties agreed to were as follows:

(1) the mortgage would be reduced to a principle amount of approximately $75, 000, [1] with interest fixed at 5.25%;
(2) CitiMortgage would establish an escrow for future tax and insurance with Bayer's monthly payment of principle, interest, tax, and insurance fixed for eighteen months;
(3) Bayer's payments would begin thirty (30) days after the execution of the written memorialization of these terms;
(4) CitiMortgage would issue Bayer a 1099 miscellaneous demonstrating that the principle reduction was related to her emotional distress claims, not debt forgiveness income, so that she was not saddled with a debt forgiveness tax burden;
(5) CitiMortgage agreed to credit repair to the best of its ability, reporting to the credit agencies that Bayer had been current at all times with prior ...

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