Tuesday, September 7, 2010

Shuster & Saben, LLC sues Provident Funding over Fair Debt Collections, RESPA, and TILA violations.

After a Cocoa, Florida homeowner hired our firm to defend the foreclosure filed against his home, we told him that the calls and letters he was receiving from the loan servicer, Provident Funding, L.P., would stop. To make certain the harassment of our client ceased we sent a written request pursuant to the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collections Practices Act (FCCPA) to Provident asking them to cease all communications with our client. Our letter to Provident Funding also contained a request for disclosure of the owner of the note and mortgage. Provident Funding is the loan servicer on our client's mortgage. A loan servicer is business that collects mortgage payments on loans that it does not own. Provident, on behalf of its client had brought a foreclosure action against our client, the homeowner.

In Provident Funding’s lawsuit Provident failed to identify their client, the phantom owner of the note. Our letter to Provident included a Qualified Written Request (QWR) under RESPA (the Real Estate Settlement Procedures Act) and recent amendments to TILA (Trust in Lending Act) for the identity of the owner of the note. To view a copy of our letter click the link below.

Letter to Provident

On September 2, 2010, our client called and advised that Provident Funding had placed a note on his door step stating the note was “in connection with an attempt to collect a debt.” The note was not in an envelope and was left in a conspicuous place in violation of the federal Fair Debt Collection Practices Act. To add insult to injury, not only had Provident illegally communicated with our client after receiving notice not to, Provident also failed to divulge the identity of the owner of the note and mortgage. We told our client that our retaliation against Provident would be swift and severe. Less than 48 hours after receiving a faxed copy of the note Provident left on our client’s door step we filed suit on behalf of the client against Provident Funding. Provident is now a Defendant in a lawsuit seeking damages for violations or the Florida Consumer Collection Practices Act, RESPA, and TILA. These statutes each provide for recovery of our client’s actual damages together with up to $1,000 of statutory damages (per statute violated). Our client’s law suit against Provident is a separate matter before a different judge than Provident’s foreclosure lawsuit against our client. While our firm continues to vigorously defend the foreclosure action we will seek to recover appropriate damages for our client in the FCCPA/RESPA case. Under FCCPA and RESPA if a loan servicer violates the statute the servicer must pay the consumer’s attorneys fees. As such 100% of the damages we recover will go to our client. To view a redacted copy of the lawsuit filed against Provident Funding please click the link below.

Lawsuit against Provident

About Shuster & Saben, LLC. The foreclosure defense lawyers at Shuster & Saben defend foreclosures from Miami to Melbourne on the east coast, and in Orange, Collier, and Lee Counties. The firm has six attorneys and offices in Miami, Doral, Plantation, and Melbourne. Lawyers from the firm are available for consultation in Boca Raton, West Palm Beach, Bonita Springs, and Orlando. At Shuster & Saben, experienced litigators vigorously defend every case and integrate asset protection, counter claims, and offensive lawsuits, to seek justice for distressed homeowners.

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