By: WISCONSIN LAW JOURNAL STAFF//October 24, 2022//
7th Circuit Court of Appeals
Case Name: Jeff Foster v. PNC Bank, National Association
Case No.: 20-1667
Officials: MANION, BRENNAN, and JACKSON‐AKIWUMI, Circuit Judges.
Focus: FCRA Violation – Summary Judgment
Foster appeals the district court’s decision granting PNC Bank, National Association’s motion for summary judgment. Because the court finds almost no error, it affirms on all fronts, except that Foster’s Fair Credit Reporting Act (“FCRA”) claim should be dismissed for lack of standing. As for the remaining claims, Foster’s argument that they are disputes of material fact falls short.
Foster, a real estate investor, purchased property in Fort Lauderdale, in 2004, with a $1.1 million loan secured by a mortgage on the property. In 2010, the parties modified the loan to extend the payment period and lower the interest rate, thereby lowering the monthly payments. Since then, Foster and PNC’s relationship has fallen apart after a flurry of disputes over required insurance policies, loan payments, credit reports, and an escrow account—all of which are now the subject of this litigation
Affirmed
Decided 10/18/22