A San Antonio, Texas, woman recently filed suit against home equity loan provider Nationstar Mortgage for issuing deceptive letters to claim debt to her and other Texas homeowners, Courthouse News Service reports.
Naomi Boles claimed that Nationstar accused her of falling behind on her mortgage, and then hired debt collection agency Moss Colidis to acquire the funds. Boles believes by doing this, Nationstar violated the Fair Debt Collection Practices Act. "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," Boles said in a statement quoted by the news source. Nationstar responded by attempting to get the case dismissed. While U.S. District Judge Xavier Rodriguez agreed that Nationstar is not liable for Colidis' letter under the FDCPA, the Texas Debt Collection Act provides more lenient guidelines that includes a clause about creditors seeking debts. In a similar story, a Front Royal, Virginia, woman recently filed a lawsuit against Salt Lake City, Utah-based Paul Law Offices, stating that PLO violated the FDCPA by calling her more than once, harassing her and threatening to garnish her wages and harm her credit score, North Virginia Daily reports.