A class action lawsuit filed in Texas against the Coloradan collection agency as well as a mortgage company based in Delaware may not be strong even with its Fair Debt Collection Practices Act violation claim however, it may find its victory through the Texas Debt Collection Act.
Back in December 2010 the suit was filed and has been discussed in various Texas courts. In this lawsuit, Naomi Boles said that the mortgage company called Nationstar Mortgage broke the law when they sent her the overdue home equity loan account to Moss Codilis.
The big problem here that Moss Codilis sent a notice to Boles saying, “If you voluntarily surrender possession of the collateral specified herein, you could still owe additional monies after the money received from the sale of the collateral is deducted from the total amount you owe.”
However, in her complaint, she said, “The letter misrepresents Texas law because Texas residents who have obtained Texas home equity loans secured by their homesteads have no personal liability for any deficiency owing on a home equity loan.”
While the Fair Debt Collection Practices Act may not take effect on this case, the Texas Debt Collection Act may be a hurdle they cannot get past since US District Judge Xavier Rodriguez said, “Under the TDCA, a debt collector is defined as ‘a person who directly or indirectly engages in debt collection.’ Thus, the TDCA’s definition of a debt collector is broader than that under the FDCPA, and includes creditors seeking to collect debts originated by them.”
Tags: debt collector, Judicial Event, additional monies, Class action, equity loan account, loan account
I MUST AGREE WHOLEHEARTEDLY. I'D HAVE TO SAY THAT HOME EQUITY LOANS ARE THE WORST THING TO COME ALONG IN THE LAST 50 YEARS. BEFORE THEM PEOPLE AT LEAST HAD TO PAY DOWN AND ACHIEVE OWNERSHIP. NOW THE THEORY IS "BUY" A HOUSE, TAKE OUT A SECOND, AND LIVE IN THE HOUSE AS IF YOUR A RENTER. THE BANK OWNS YOUR HOUSE , OR THE GREATER PORTION OF IT, FOR MANY YEARS. I FEEL SOME DEGREE OF SECURITY NOW THAT WE OWN OUR HOME. NEXT PROJECT ON THE HORIZON- LET'S "FIX' WASHINGTON!!!
What's the answer to debt collection?
It's not a valid debt without valid service. Valid service = hand delivery of ticket.
If they send you to collection without establishing valid service and they continue to try to collect the debt after you dispute it, not only should you win the dispute, but you may have a claim for violation(s) of the fair debt collection act.
<![CDATA[The Honest Debt Collection Practices Act, also called the FDCPA, protects c
Yes.
Federal courts are divided into Districts. For convenience, the federal government decided to make one district per state. (eg the Federal District Court for Rhode Island).
Above District judges are Circuit Judges (aka Appeals Court Judges), above them is the Supreme Court.
To make things more confusing, every state court adopted it's own system for naming courts. Massachusetts state courts have courts that are called District Courts. New York decided to call the lowest trial court the Supreme Court.
Guys. guys GUYS! Thanks for the kudo's but I think Neil meant to reference me in the post for "Investigation Highlights Challenge to Foreclosure Docs". (Maybe one too many martinis?) I think Jim is the guy who gets the kudo's. Anyway, I am still in the fight as a pro-se but am looking at a (possible) loan mod. Here's how I got there after 10 months of litigation and $32,000 in legal bills to plaintiff:
Ms. HXXXXXX, I am writing seeking disposition of the HAMP modification solicited to me repeatedly after your law firm Litchfield/Cavo successfully obtained a judgment of foreclosure in case#09CV0353, HSBC as Trustee for Wells Fargo Home Equity Asset-Backed Securities 2005-2, in Kenosha County Court. As we both know, the aforementioned trust certificates are subject to Sarbannes-Oxley jurisdiction (misrepresenting ownership of those certificates held by Wells Fargo Asset Securities Corp. 1999) and credit default swaps are included in the TARP (Maiden Lane I) bailout. As put before the court, and as yet not adjudicated, the issues of FASB140-3 (Extinguishment of Liabilities), AB1122 (faulty reporting of servicing), and the fact that the Plaintiff foreclosed upon us with a pooling and servicing agreement that is superceded by the S/3 [...]
Glenn Beck's advertising woes continue, as yet another of the dwindling number of companies still willing to sponsor his Fox News program is facing accusations of fraud.
Just days before Rep. Anthony Weiner (D-NY) released his report detailing Beck's role in Goldline's scheme to scare consumers into buying overpriced gold, Texas attorney general Greg Abbott (R) announced that he was charging TaxMasters, Inc. with "multiple violations of the Texas Deceptive Trade Practices Act and Texas Debt Collection Act." According to Abbott, TaxMasters "routinely misled customers about the nature of their tax resolution service agreements - and worse, attempted to enforce those improper agreements through unlawful debt collection tactics."
If I understand you right, you are talking about the IRS efile direct deposit chart. What you need to do is go to the IRS website and page Where's My Refund---here's the link:
That will tell you your deposit date and also the amount of your refund. If for some reason they had to change the amount of your refund after reviewing your return, you will get a notice in the mail stating the reasons why.
I really don't think that is your IRS refund because whenever I have received a refund from the IRS, it states US Treasury Tax Refund right next to my direct deposit---It does not say tax/financial services.
A Texas debt collection company had a unique style for reminder voicemails to one black customer. "This is your motherfucking wake-up call you little lazy ass bitch. Get your motherfucking nigger ass up and go pick some motherfucking cotton fields."
I agree with Carrie, there shouldn't be a need for these laws but there is and all I can do is hope that the woman that has made the choice of abandoning her newborn will know of these laws and do the right thing. This is one of the very few Texas laws that makes me proud to be a Texan.
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