Minutes | Filed: July 18, 2026
| Entered: July 18, 2026
Sealy et al v. Cenlar FSB et al
Consumer Credit | New York Eastern
Telephone Conference Order on Motion for Preliminary Injunction Order on Motion for TRO ~Util - Set Hearings
MINUTE ENTRY. The Court held a telephone conference on July 16, 2026 at 11:00 AM. Plaintiffs Sandra Johnson-Sealy and Leonard Sealy appeared pro se. Justin Danziger appeared on behalf of Defendants Cenlar FSB, Federal National Mortgage Association ("Fannie Mae"), and MERS and MERSCORP (the "MERS Defendants"). Reymond Yammine appeared on behalf of CitiMortgage, Inc. (successor by merger of ABN AMRO Mortgage Group), Citigroup, and Citibank (the "Citi Defendants"). Court reporter Denise Parisi was present.
The Court heard argument from the parties regarding Plaintiffs' motion for a temporary restraining order, including any alleged irreparable harm and Plaintiffs' likelihood of success on the merits of their claim under the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. §§ 2601-2617.
The parties also responded to inquiries from the Court regarding the respective citizenship of the parties to determine whether this Court also has jurisdiction pursuant to 28 U.S.C. § 1332(a), notwithstanding its jurisdiction over the three federal claims under 28 U.S.C. § 1331. By July 21, 2026, counsel for Defendants shall submit in writing, with all facts established through sworn affidavit, the facts necessary to establish the citizenship of each Defendant.
The Court denied Plaintiffs' motion for a temporary restraining order for the reasons stated on the record, which include that there has not been a showing of a likelihood of success on the merits of the three federal claims, which are brought under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq., the Fair Credit Reporting Act, 15 U.S.C. §§ 1681, et seq., and RESPA. However, the Court understands Plaintiffs' motion for a temporary restraining order to seek, among other things, expedited discovery related to the RESPA claim against Cenlar, and granted that request.
Accordingly, by July 23, 2026, Cenlar must provide Plaintiffs by mail and email and must file on the docket:
(1) all documents that they provided to Plaintiffs in response to inquiries for information about their mortgage serviced by Cenlar, including but not limited to inquiries set forth in Plaintiffs' letters dated January 9, 2026 and March 1, 2026 (ECF No. 1-3);
(2) proof that any such responses to Plaintiffs' inquiries were mailed or otherwise provided to Plaintiffs;
(3) all documents provided to Plaintiffs that explain the alleged $14,000 increase in Plaintiffs' mortgage balance, including when and how this increase was assessed;
(4) a copy of the agreement under which Cenlar assessed a $14,000 charge for attorneys' fees on Plaintiffs;
(5) a letter explaining why Plaintiffs are unable to access their mortgage account information online and whether Cenlar will restore such access.
The parties shall appear for a telephone conference before the Court on July 31, 2026 at 11:00 AM. The parties are directed to call the teleconferencing center at (571) 353-2301 and to enter Access Code 394649581 when prompted.
(CQTH)
Order | Filed: July 18, 2026
| Entered: July 18, 2026
Sealy et al v. Cenlar FSB et al
Consumer Credit | New York Eastern
Order(Other)
ORDER. The Court has received Plaintiffs' opposition to the Citi Defendant's letter request for a pre-motion conference, which appears to have been filed twice on the docket. (ECF No. 28 , 30 .) The response does not alter this Court's determination that it is appropriate for the parties to brief Defendants' motions to dismiss as set forth in this Court's July 9, 2026 Order setting a briefing schedule on the motions. (Elec. Order, July 9, 2026.) However, any arguments raised in Plaintiff's letter response may also be raised in opposition to the forthcoming partial motion to dismiss. Accordingly, the parties must comply with the July 9, 2026 briefing schedule for this motion.
Ordered by Judge Nusrat J. Choudhury on 7/18/2026. (CQTH)