Texas Court Upholds FDCPA Claim Against Collection Agency InsideARM
The suit, filed back in December of 2010 , has been slowly working its through the Texas courts. In it, a Texas woman, Naomi Boles, alleges that her mortgage company, Nationstar Mortgage, broke the law when it sent her (allegedly) past-due home equity loan account to Moss Codilis LLP, the Coloradan collection agency.
At issue is the notice Moss Codilis sent to Boles, and possibly thousands of other Texas mortgage holders, which in part states, “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.”
That’s not how they roll in Texas, though. As stated in the complaint, “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.”
The good news for Nationstar Mortgage is that the FDCPA violation won’t stick; Nationstar Mortgage isn’t considered a debt collector under the FDCPA. (This doesn’t help Moss Codilis at all.) Both Nationstar
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Collection Revenue Increases Attributed to IAT Dialing Technology InsideARM Collection Revenue Increases Attributed to IAT Dialing TechnologyInsideARM, MDAccount Control Bureau, Inc. (ACB) specializes in medial debt collection. ACB combines the expertise of a large agency with the dogged determination of a small agency. Located in Shreveport, LA, ACB has been serving the North Louisiana and East Texas |
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