Archibald et al v. Scott Credit Union

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SABRINA ARCHIBALD and SADE
ARCHIBALD,
Plaintiffs,
v.
SCOTT CREDIT UNION,
Defendant.
Case No. 25-cv-01031-JPG
MEMORANDUM AND ORDER
This case is before the Court on Plaintiffs Sabrina Archibald and Sade Archibald’s
Motion to Request for Judicial Notice of NCUA Filings (Doc. 18). Defendant Scott Credit Union
filed a response (Doc. 22), and Plaintiffs filed a proposed reply (Doc. 24-1). For this Court to
take judicial notice of a fact, it must find that the fact is relevant. Relevance is defined as “any
tendency to make the existence of any fact that is of consequence to the determination of the
action more probable or less probable than it would be without the evidence.” F ED. R. EVID. 401.
The Court finds that the NCUA filings are not relevant to any fact of consequence in this case.
Plaintiffs allege that the NCUA filings support their assertion that Defendant securitized the debt,
and as a result, lacks standing to collect, report, or repossess in connection with the alleged debt.
However, many federal courts have held that securitization of a debt does not preclude a creditor
from enforcing its interest, see Cox v. CA Holding Inc., No. 1:13-CV-01754-JMS, 2015 WL
631393, at *14 (S.D. Ind. Feb. 13, 2015); Tostado v. Citibank (S. Dakota), N.A., No. SA-09-
CV549XR, 2010 WL 55976, at *2–3 (W.D. Tex. Jan. 4, 2010); Lane v. Vitek Real Est. Indus.
Grp., 713 F. Supp. 2d 1092, 1099 (E.D. Cal. 2010), and Plaintiffs fail to cite any case law that
reaches the opposite conclusion. As such, even if the NCUA filings establish that Defendant
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securitized the loan, the documents are not relevant because securitization does not preclude
Defendant from collecting on the debt. Therefore, the Court DENIES Plaintiffs Sabrina
Archibald and Sade Archibald’s Motion to Request for Judicial Notice of NCUA Filings (Doc.
18).
IT IS SO ORDERED.
DATED: 	November 18, 2025
s/ J. Phil Gilbert
J. PHIL GILBERT
United States District Judge
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