Friday, February 17, 2012

Shuster & Saben Sues Heritage Pacific Financial, LLC

When a Satellite Beach resident hired Shuster & Saben to defend the foreclosure case filed by Deutsche Bank (as Trustee) against his home, firm attorney Richard Shuster wrote both the servicer for the client’s first mortgage and Heritage Pacific the servicer of  the client’s second mortgage.  The firm wrote both servicers so that calls and letters from both servicers to the client would stop.

The firm’s letter to Heritage Pacific told Heritage point blank and in bold type “All future contact relative to this debt must take place solely through this office.  Please cease and desist all communications with our clients.”

Shuster even said “Please” but only once.  When Heritage wrote our client nearly one year later to offer a lump sum payment “option” to make single payment of $93,446.98 when our clients balance was on $93,446.98 ( a whopping discount of 0% ), the firm did not repeat their warning.   The firm filed suit against Heritage for both the illegal contact with a person they knew was represented by counsel , a violation of the FCCPA,  (Florida Consumer Collection Practices Act) and Heritage’s failure to properly respond to a Qualified Written Request, a violation of RESPA,  (Real Estate Settlement Procedures Act).  Now this Texas loan servicer will have to hire a lawyer to defend a Brevard case where the homeowner is the Plaintiff.   

To see a redacted copy of the lawsuit filed against Heritage Pacific please click the link below:

About Shuster & Saben:  Shuster & Saben loves to sue banks.  See our older blog posts about cases where we sued banks and won.  Shuster & Saben has a zero tolerance policy for lenders and loan servicers who call our clients.  The firm handles FCCPA, FDCPA, and RESPA claims against banks on a pure contingency basis.  The firm accepts referrals from other foreclosure lawyers whose clients are called by banks.  We believe that when a consumer hires a lawyer they should enjoy peace and quiet that is not interrupted by collections calls from banks. Speak softly and carry a big stick.

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