Every year the Federal Trade Commission receives complaints about indebted consumers being threatened and harassed for nonpayment of a debt. 2003) (reversing summary judgment in favor of debt collector on claim under § 1692e(2)(A) in part because a reasonable jury could conclude debt collector's collection letter implied that the discharged debt was still payable)). at 18.
Velencia v. Drezhlo, No. If you remain idle, your session will timeout in 2 minutes. v. Randolph Sellers, Plaintiff, represented by Brian W. Warwick , Varnell & Warwick, PA. Randolph Sellers, Plaintiff, represented by Janet R. Varnell , Varnell & Warwick, PA & Max H. Story , Max Story, Esq.. Tabetha Sellers, Plaintiff, represented by Brian W. Warwick , Varnell & Warwick, PA, Janet R. Varnell , Varnell & Warwick, PA & Max H. Story , Max Story, Esq.. Rushmore Loan Management Services, LLC, Defendant, represented by Amy Lea Drushal , Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, John C. Lynch , Troutman Sanders, LLP, pro hac vice, Jonathan Stuart Hubbard , Troutman Sanders, LLP, pro hac vice & Justin T. Wong , Troutman Sanders, LLP. 809-CV-00458-EAK-AEP, 2010 WL 2696404, at *3 (M.D. Citations are also linked in the body of the Featured Case. RDB-12-237, 2012 WL 6562764, at *4 (D. Md. Rushmore relies on two recent rulings in Prindle v. Carrington Mortgage Services, LLC, Case No. To the contrary, the evidence shows that Plaintiffs did not expect to receive any further communications about the loan—much less what arguably resembles a request for payment—following the discharge. . Plaintiffs' proposed class definition has also "evolved" with the litigation.15 For instance, the Account Statement Class in the Complaint encompasses: (Doc. If Plaintiffs choose to file an amended motion for class certification, they must do so by June 1, 2017. "The discharge injunction does not prohibit every communication between a creditor and debtor—only those designed to collect, recover or offset any such debt as a personal liability of the debtor." However, for the debtor who no longer uses the real property as his principal residence at the time of bankruptcy, even if [it] was his principal residence at the time he entered the loan agreement, there is no need for the secured creditor to continue communicating with the debtor regarding retaining the property or negotiating some type of modification in the ordinary course of business between the creditor and debtor." After Plaintiffs defaulted on the loan and Taylor filed the 2008 foreclosure action, Plaintiffs moved into Ms. 's Mot. "On or about January 17, 2007, Plaintiffs entered into a financial transaction to refinance their Property's mortgage, and executed a Deed of Trust as security against the Property." Indeed, courts in this Circuit have dismissed similar claims on such grounds. 28) is DENIED without prejudice.
To find out the attorney or advocate in your area who is responsible for the advertisement, click here. Plaintiffs Sterling Lindsay and Rachel Lindsay (collectively, the "Lindsays") have brought a four-count amended complaint1 against Defendant Rushmore Loan Management Services, LLC ("Rushmore"), alleging claims related to the foreclosure proceedings on their property and related debt collection. The motion for class certification is a bit of a mess; it contains errors, cites exhibits not in the record, and certain sections lack citations to Eleventh Circuit authority. Here's What You Need to Know. This rule's purpose "`is to test the sufficiency of a complaint and not to resolve contests surrounding the facts, the merits of a claim, or the applicability of defenses.'" 7, but this statement is contradicted in the same paragraph that "the foreclosure sale previously set for February 5, 2015, was in fact cancelled." 1 at 5). Further, the inconsistencies between the disclaimer language and amounts due on Mortgage Statement II could mislead the least sophisticated consumer, even despite the lack of a payment coupon. Although Plaintiffs admitted in their depositions that they understood that Rushmore was not trying to collect a debt,9 the least sophisticated consumer standard is objective and does not take into account the individual circumstances of a plaintiff. The Company offers performing and non-performing residential mortgage loans. 33-1 ¶ 5). Plaintiffs moved out of the property and into Ms. Cf.
**Case taken from PACER (www.pacer.gov). .
1. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50 (1986). 53 at 39-40). 507, 521 (Bankr. . Click the citation to see the full text of the cited case. The "least sophisticated consumer" is "presumed to possess a rudimentary amount of information about the world and a willingness to read a collection notice with some care." Moreover, where the allegations in the complaint conflict with an attached written instrument, "the exhibit prevails." Rushmore shall file its response by June 30, 2017.18. "Section 524 of the Bankruptcy Code operates as a post-discharge injunction against the collection of debts discharged in bankruptcy and is thus the embodiment of the Code's fresh start concept." While the disclaimer is located on the front of the mortgage statement (as opposed to the second page, as in Prindle), when considered in conjunction with the other aspects of the statement described here, "a reasonable jury could find it to be a communication made in connection with the collection of a debt. P. 56(c). The Helman disclaimer notes that the statement is not attempting to collect a debt from accounts discharged in bankruptcy and is for informational purposes only, whereas Mortgage Statement I uses more ambiguous language that could confuse the least sophisticated consumer such as, "this does not imply that Rushmore .
§ 2601 et seq., is denied. "Obviously, communications that expressly demand payment will almost certainly have this purpose." 2014) (finding the safe harbor provided by § 524(j) was unavailable to defendants where "[t]he . LINDSAY v. RUSHMORE LOAN MANAGEMENT, SERVICES, LLC. See Prescott v. Seterus, Inc., 194 F.Supp.3d 1290, 1296 (S.D. § 1692a(6). Of particular consequence are the statements in the additional disclaimer box, which state: "This is an Informational Statement for borrowers in bankruptcy or borrowers whose debt has been discharged in bankruptcy. .". ¶ 7).
An issue is genuine when the evidence is such that a reasonable jury could return a verdict for the non-movant. Fla. May 5, 2015); Parker, 874 F. Supp. § 559.72(9) (alteration added).
Specifically, a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief," Fed. 37-1 at 3 ¶ 7). Sellers], [Rushmore] did, that . 2009) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986)). (Doc.
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