FDCPA Lawsuit Alleges Unfair Debt Collection Practices

An unfair debt collection lawsuit was filed this month against Green Tree Servicing and Landmark Asset Receivables Management accusing the companies of unlawful contact and collection of debts not owed, violations of the Fair Debt Collections Act.

Ohio plaintiff John Robison was told that a defaulted mortgage was being purchased by Landmark and being transferred to Green Tree, according to the unfair debt collection lawsuit. Before the transfer, however, Robison contacted HSBC to settle the mortgage. A letter dated June 12 shows the settlement agreement. Robison wired the appropriate amount to HSBC on June 18, the FDCPA lawsuit said.

However, his loan was still reportedly transferred to Landmark and Green Tree. Green Tree contacted Robison even though he provided the the company with his attorney’s name and contact information, and demanded the settlement. Robison and his counsel sent the appropriate payment information to Green Tree, the unfair debt collection lawsuit said.

Despite receiving proof of satisfaction of the mortgage, Green Tree (acting as an agent of Landmark) allegedly failed to record the settlement (even after more than 90 days passed since the information was sent to Green Tree) and demanded the full amount on Sept. 17.

In spite of all efforts to clarify the debt collection problem on the side of the plaintiff, Green Tree allegedly unlawfully communicated with Robison directly several times in October in order to collect the already paid debt, the Fair Debt Collection Practices Act violation lawsuit said. Green Tree allegedly “failed to identify itself as a debt collector and that the communication was in advance of the purpose of collecting a debt,” according to the debt collection lawsuit.

The unfair debt collection lawsuit accuses Green Tree and Landmark of acting “willfully and maliciously, with spite and ill will, and/or with reckless disregard for Plaintiff’s rights and safety.”

Many individuals have been victims of unfair debt collection and have filed unfair debt collection lawsuits against debt collection agencies. Many are also unaware of the Fair Debt Collection Practices Act.

Types of unfair debt collection practices include debt collection harassment (contacting a consumer who has requested in writing to stop), telephone harassment, false statements, collection of debts not owed or expired, and improper communication with third parties (such as family members or employers).

This Unfair Debt Collection Lawsuit is John Robison v. Green Tree Servicing LLC, et al., Case No. 1:13-cv-863, in the U.S. District Court for the Southern District of Ohio, Western 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.