FDCPA Violation Lawsuit Filed Against Nationstar Mortgage

A Georgia resident has filed an illegal debt collection lawsuit against debt collections agency Nationstar Mortgage LLC, alleging violations of the Fair Debt Collection Practices Act (FDCPA).

Nationstar Mortgage is a debt collector that pursues consumer mortgage debts after they have been discharged by the mortgage lender. The FDCPA violations lawsuit alleges that the debt collection agency participated in unfair debt collection practices by violating FDCPA communication regulations in the attempt to collect a consumer debt.

Plaintiff Maxine G. filed the FDCPA lawsuit against Nationstar Mortgage for conduct related to a residential mortgage loan.

Maxine claims she was never provided notices when her mortgage was transferred from Wells Fargo to Nationstar and claims there are discrepancies in records relating to the chain of title to her property. According to court documents, Maxine became concerned that her loan was not being serviced properly because payments she had made were not being credited to her mortgage loan account.

Maxine alleges efforts to receive an explanation both in writing and over the phone from Nationstar Mortgage as to how her mortgage loan account was in default were unsuccessful.

The FDCPA lawsuit further alleges that Nationstar failed to provide Maxine with any information regarding who holds her mortgage or is the master servicer of her loan.

FDCPA Regulations Concerning Debt Existence

The Fair Debt Collection Practices Act makes 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.”

If you have been receiving debt collection calls from Nationstar Mortgage, you could have a case for creditor harassment if their conduct violates the Fair Debt Collection Practices Act (FDCPA) or other debt collection laws.

The  Nationstar Mortgage FDCPA Lawsuit is Case No. 1:15-cv-01074, in the U.S. District Court for the Northern District of Georgia, Atlanta Division.

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If a lender or debt collector engaged in unfair debt collection practices, you may have a legal claim and could be owed compensation for violations of the Fair Debt Collection Practices Act (FDCPA).

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DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.