Jeffrey Kuns v. Ocwen Loan Servicing

MEMORANDUM

Plaintiff Jeffrey Kuns appeals the dis-. trict court’s dismissal with prejudice of his putative class action complaint against Defendant Ocwen Loan Servicing, LLC. We have jurisdiction under 28 U.S.C. § 1291 , and we review the district court’s decision de novo, construing the facts alleged in the complaint in the light most favorable to the plaintiff. Schlegel v. Wells Fargo Bank, NA, 720 F.3d 1204, 1207 (9th Cir.2013). We affirm in part and reverse in part the district court’s decision.

Kuns alleges that because his former home was bought with a purchase money mortgage and sold through a nonjudicial foreclosure, he had no personal liability for the deficiency that resulted from the foreclosure sale. CaLCode Civ. Proc. §§ 580b, 580d. Ocwen was nonetheless reporting the deficiency amount to credit reporting agencies such as Equifax. After Kuns filed for. bankruptcy, Ocwen reported that the deficiency was discharged via the bankruptcy. Kuns alleges that Ocwen’s reporting of the deficiency, without being accompanied by additional information to indicate Kuns’ lack of personal liability, violated Ocwen’s obligation under California’s Consumer Credit Reporting Agencies…