Shuster & Saben, LLC, filed suit in Brevard County against Strategic Recovery Group, a division of Texas based Vantium Capital. This lawsuit was filed on behalf of Brevard County homeowner who the firm is defending in a foreclosure action. Prior to retaining the Shuster & Saben, the client filed a Chapter 7 (liquidation bankruptcy) and obtained a discharge of his personal obligation on Home Equity Line of Credit (HELOC) on his home. At the time our client filed bankruptcy, the HELOC Mortgage was held by Wilshire Bank. According of documents received by the firm, despite the fact that our clients debt was discharged in bankruptcy and the fact that our clients home is worth $50,000 less than the loan balance on his first mortgage, Wilshire sold the loan to Bank of America, who retained Strategic Recovery to attempt to collect on the debt.
The client initially retained the Melbourne office of Shuster & Saben to defend a first mortgage filed against his home by CitiMortage. The client brought us a letter he received from Strategic Recovery because he was concerned as why Strategic was seeking to collect a discharged debt. Our firm commenced an investigation to confirm that the original creditor was notified of the bankruptcy and sent Strategic Recovery a Qualified Written Request (QWR) pursuant to RESPA, ( Real Estate Settlement Procedures Act ) and request for verification of the debt pursuant to the Fair Debt Collection Practices Act.
When we did not receive written confirmation for Strategic Recovery that they were abandoning collection activity suit was filed in Brevard County Court against Vantium Capital, the parent company of Strategic Recovery. The firm continues to defend the foreclosure action filed by first mortgage holder, Citimortage, a separate case that is now over two years old.
To view a redacted copy of the law suit filed against Strategic Recovery please click the link below.
Strategic Recovery Lawsuit
About Shuster & Saben:
Shuster & Saben is a civil litigation firm of seven attorneys that defends foreclosures from four offices located in Miami, Doral, Fort Lauderdale / Plantation, and Melbourne, Florida. We believe the best defense is a good offense. If a lender, loan servicer or bill collector violates the law in their attempt of collect on a debt allegedly owned by our client we will not hesitate to sue the offender and use such suit for leverage to achieve our clients desired resolution. We believe there is a difference between foreclosure delay and foreclosure defense. Click here to find our why we are different or e-mail foreclosuredefenselaw@gmail.com with your Florida foreclosure questions.
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