Vanessa Richardson v. Ditech Financial, LLC; LoanCare, LLC; Thomas F. Marano; Dave Worrall; Mikell Scarborough; and Bentley Price

CourtDistrict Court, D. South Carolina
DecidedDecember 9, 2025
Docket2:25-cv-07922
StatusUnknown

This text of Vanessa Richardson v. Ditech Financial, LLC; LoanCare, LLC; Thomas F. Marano; Dave Worrall; Mikell Scarborough; and Bentley Price (Vanessa Richardson v. Ditech Financial, LLC; LoanCare, LLC; Thomas F. Marano; Dave Worrall; Mikell Scarborough; and Bentley Price) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vanessa Richardson v. Ditech Financial, LLC; LoanCare, LLC; Thomas F. Marano; Dave Worrall; Mikell Scarborough; and Bentley Price, (D.S.C. 2025).

Opinion

18UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION

Vanessa Richardson, ) Case No. 2:25-cv-07922-RMG-MGB ) Plaintiff, ) ) v. ) REPORT AND RECOMMENDATION ) Ditech Financial, LLC; LoanCare, LLC; ) Thomas F. Marano; Dave Worrall; ) Mikell Scarborough; and Bentley Price, ) ) Defendants. ) ___________________________________ )

Vanessa Richardson (“Plaintiff” or “Richardson”), proceeding pro se and in forma pauperis, brings this civil action challenging the foreclosure of her home pursuant to the Truth in Lending Act (“TILA”); the Real Estate Settlement Procedures Act (“RESPA”); and 42 U.S.C. § 1983. (Dkt. No. 1.) Under 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02(B)(2) (D.S.C.), the undersigned is authorized to review all pretrial matters in this case and submit findings and recommendations to the assigned United States District Judge. For the reasons discussed below, the undersigned recommends that this action be summarily dismissed without leave to amend. BACKGROUND

This is the latest lawsuit in a lengthy foreclosure dispute that began when Richardson defaulted on her mortgage in July 2016. By way of background, state records indicate that Richardson executed a promissory note for $87,400 with interest at 5.875% per annum in favor of Countrywide Home Loans, Inc. (“Countrywide”) on or around August 14, 2003 (the “Note”).1

1 The undersigned takes judicial notice of the records filed in Richardson’s underlying state foreclosure proceedings to establish the necessary background in this case. See Summons & Complaint, Ditech Financial, LLC v. Richardson, https://www.sccourts.org/case-records-search/ (limiting search to Charleston County, Case No. “2017CP1004109”) (last visited Dec. 9, 2025); see also Aloe Creme Labs., Inc. v. Francine Co., 425 F.2d 1295, 1296 (5th Cir. 1970) (explaining that a federal court may take judicial notice of the contents of its own records, as well as those records of other courts); Tisdale v. South Carolina Highway Patrol, No. 0:09-cv-1009-HFF-PJG, 2009 WL (Dkt. No. 1 at 3.) To secure repayment of the Note, Richardson entered into a Mortgage (the “Mortgage”) covering certain real property located at 1143 Hamlin Road, Mount Pleasant, South Carolina, 29466 (the “Property”).2 By virtue of an assignment dated September 20, 2010, the Mortgage was then assigned to BAC Home Loans Servicing LP FKA Countrywide Home Loans

Servicing LP, which later merged with Bank of America, N.A. (“Bank of America”). On June 17, 2013, Bank of America assigned the Mortgage to Green Tree Servicing, LLC (“Green Tree Servicing”); Richardson then entered into a loan modification agreement with Green Tree Servicing on February 6, 2014, whereby the principal balance was modified to $117,463.98. Thereafter, Green Tree Servicing merged with Ditech Financial, LLC (“Ditech”).3 I. State Foreclosure Proceedings On August 11, 2017, Ditech initiated a foreclosure action in the Charleston County Court of Common Pleas, alleging that the monthly payments due on the Note and Mortgage were in default since July 1, 2016, and seeking repayment of the entire remaining balance.4 On September 14, 2017, the state court received an answer from an “unknown party”—likely Richardson,

although the signature is unclear— essentially denying responsibility on the grounds that “there has not been a proven debt,” and Ditech representatives apparently failed to respond to certain “discovery” requests.5 Following a hearing on December 12, 2017, which Richardson did not attend, Master in Equity for Charleston County Mikell R. Scarborough (“Judge Scarborough”) issued an Order and Judgment of Foreclosure and Sale on December 29, 2017.6

1491409, at *1 n.1 (D.S.C. May 27, 2009), aff’d, 347 F. App’x 965 (4th Cir. Aug. 27, 2009) (noting that the court may take judicial notice of factual information located on government websites). 2 See Summons & Complaint, Ditech Financial, LLC v. Richardson, Case No. 2017-CP-10-4109. 3 See Summons & Complaint, Ditech Financial, LLC v. Richardson, Case No. 2017-CP-10-4109. 4 See Summons & Complaint, Ditech Financial, LLC v. Richardson, Case No. 2017-CP-10-4109. 5 See Answer of Unknown Party, Ditech Financial, LLC v. Richardson, Case No. 2017-CP-10-4109. 6 See Master’s Order Of Judg of Foreclosure & Sale, Ditech Financial, LLC v. Richardson, Case No. 2017- CP-10-4109. On or around February 1, 2018, Richardson filed a Motion to Compel Discovery, asserting that she had served discovery requests on Ditech’s counsel on July 31, 2017, but did not receive a response, such that she was unable to “prepare a proper defense” to the foreclosure.7 A hearing was then held on May 9, 2018, wherein Judge Scarborough denied Richardson’s motion on the

basis that she had failed to properly answer Ditech’s complaint, did not attend the final hearing despite receiving notice thereof, and failed to serve her discovery requests “at the proper time during the pendency of this action.”8 Nevertheless, because Richardson expressed a desire “to save the subject property,” Judge Scarborough directed Ditech to mail Richardson a loss mitigation application and afforded Richardson thirty days to “pursue loss mitigation” before the court placed the Property on the judicial sale roster.9 On June 18, 2018, Richardson filed a Motion to Set Aside Order and Judgment of Foreclosure and Sale pursuant to Rule 60(b)(4) of the South Carolina Rules of Civil Procedure, alleging that she did not receive proper notice of the foreclosure action in violation of her due process rights.10 Richardson further noted that Judge Scarborough did not “commit due care to the

medical records [she] produced” during the hearing regarding her Motion to Compel; Richardson stated that she “suffer[ed] from mild traumatic brain injury . . . which affects her thinking rationally and memory[,] having her at a clear disadvantage.”11 Judge Scarborough denied Richardson’s motion on July 2, 2018, first noting that despite affording her an opportunity to engage in the loss mitigation process, Richardson “failed or otherwise refused to return the loss

7 See Motion to Compel Discovery, Ditech Financial, LLC v. Richardson, Case No. 2017-CP-10-4109. 8 See Order Denying Defnt Vanessa Richardson’s Motion to Compel, Ditech Financial, LLC v. Richardson, Case No. 2017-CP-10-4109. 9 See Order Denying Defnt Vanessa Richardson’s Motion to Compel, Ditech Financial, LLC v. Richardson, Case No. 2017-CP-10-4109. 10 See Motion/Void Order by Defendant, Ditech Financial, LLC v. Richardson, Case No. 2017-CP-10-4109. 11 See Motion/Void Order by Defendant, Ditech Financial, LLC v. Richardson, Case No. 2017-CP-10-4109. mitigant application.”12 With respect to service of process, Judge Scarborough found that Richardson was “served at the property address with copies of the Summons, Complaint, and Notice of Foreclosure Intervention” on August 12, 2017.13 Indeed, the Affidavit of Service executed by the process server contained a “description of [Richardson].”14 To the extent

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Bluebook (online)
Vanessa Richardson v. Ditech Financial, LLC; LoanCare, LLC; Thomas F. Marano; Dave Worrall; Mikell Scarborough; and Bentley Price, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vanessa-richardson-v-ditech-financial-llc-loancare-llc-thomas-f-scd-2025.