State law defamation preempted except in the case of malice or willful intent to injure
Ross v. FDIC, 625 F.3d 808 (4th Cir 2010) The Plaintiff’s ex-husband originally took out a mortgage loan, though ultimately quit-claimed his interest to his Plaintiff prior to their marriage. At some point after the two were married,the relationship soured and the Plaintiff obtained a protective order against her ex-husband. As part of the divorce, the Plaintiff obtained an order naming her as the property’s owner, though her ex-husband retained sole responsibility for the loan. Ross contacted Washington Mutual (the original servicer) about this arrangement and confirmed that she still received the mortgage statements and the 1098 tax deduction forms.