A lawsuit filed in April of 2013 under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act in United States District Court, Orlando, Florida, Case No. 6:13-cv-625-Orl-cv-22DAB, alleges that in November of 2006, the consumer took out a mortgage with the predecessor in title of Ocwen Loan Servicing, LLC. In November of 2009, consumer filed for bankruptcy and received a discharge in April of 2010. The mortgage with Ocwen was listed on the bankruptcy schedules. Notwithstanding the discharge of the note, on March 13, 2013, Ocwen and Udren Law Offices sued the consumer on the discharged note and mortgage. Correspondence indicates that Ocwen Servicing, LLC was fully aware of the Plaintiff’s previous bankruptcy for over a year prior to the foreclosure action. After the federal lawsuit was filed, Udren Law Offices filed papers in the foreclosure action dropping all personal claims against the consumer.
Both the Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act make it unlawful for any person, in attempting to collect a debt, to: "Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist." Plaintiff is seeking statutory and emotional damages against Ocwen Loan Servicing, LLC and Udren Law Offices and has demanded a trial by jury.
The Consumer is being represented by N. James Turner.
[Disclaimer: The allegations in the Fair Debt Collection Practices Act lawsuit described in this article are the plaintiff’s version of the facts and must be proven with competent evidence. Moreover, these allegations may be denied or disproven by the defendants.]