Thursday, September 23, 2021
Home#BlackLivesMatterSpecialized Loan Servicing Violated FCPDA

Specialized Loan Servicing Violated FCPDA

When Thomas and Theresa Quinn saw a door hanger upon their door in 2008, they knew something was wrong. The Quinns had defaulted upon a loan they obtained from Cherry Creek Mortgage Company, which was subsequently transferred to Bank of America (BANA). BANA, in turn, sold the shitty paper downhill to Specialized Loan Servicing LLC (SLS). And just like the Vampire Juggernaut that the Mortgage Field Services Industry is, SLS began sucking every participant dry — and then it tried to con the Court into believing its rationale.

At some point between September and November 2013, servicing of the Quinns’ loan was transferred from BofA to SLS. The amended complaint alleges that at some point around September 2013, SLS began sending them correspondence demanding payment on the loan. SLS also began sending “field inspectors” to the Quinns’ home, who stationed themselves conspicuously outside of the Quinns’ residence and took pictures of the premises. Beginning in March 2015, the inspections became more frequent. In some cases, inspectors visited the Quinns’ home as many as three times in a given month. This caught the attention of the neighbors and prompted questions that caused the Quinns humiliation and embarrasement [sic].

SLS is one of those really fucked outfits whom comes in and buys the servicing rights, deep sixes the homeowners and then puts the onus upon the shoulders of Minorities in Labor. Here, take a read from an email sent to Foreclosurepedia in 2014,

I would like to talk with someone about my experiences with SLS. Absolutely the worst experience we have ever had with a company. From billing issues to lies and shorting our money from day one. Please call me or email back. — Lowell Dycus

The importance of the ruling is not so much that SLS is a firm which is a worthless sack of shit; the importance is the fact that the claims pertaining to the hanging of door hangers trespassed upon the Fair Debt Collections Practices Act (FDCPA). And like all previous National Association of Mortgage Field Services (NAMFS) Offender Members, SLS will pay their kickbacks, whether money or otherwise, to Eric Miller, the NAMFS Executive Director. Miller, whom unjustly enriches he and his family well over One Hundred and Twenty Thousand Dollars per year which consumes over seventy percent of all NAMFS Member Dues and is more than twice the national average for a trade association director, has been keeping the waste, fraud and abuse quiet for years now. And it looks like the Courts have had about enough as well,

As an initial matter, despite SLS’s suggestion to the contrary, Spokeo [Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016)] does not stand for the proposition that a procedural violation of a statute alone can never give rise to an injury in fact. On the contrary, the Court specifically observed that “the violation of a procedural right granted by statute can be sufficient in some circumstances to constitute injury in fact,” and that in such cases a plaintiff “need not allege any additional harm beyond the one Congress has identified.” Id. at 1549. As examples of the latter violations, the Court cited cases in which plaintiffs alleged that they had been denied information under the Freedom of Information Act and the Federal Election Campaign Act. Id. at 1549-50 (citing Public Citizen vDepartment of Justice, 491 U.S. 440 (1989), and Fed. Election Comm’n v. Akins, 524 U.S. 11 (1998)). Thus, while Spokeo held that a procedural violation of the FRCA does not necessarily give rise to an injury in fact, it does not follow that the same holds true of violations of other statutes, including the FDCPA.

SLS is just another slippery, slimey HomeStar Property Solutions. And just like how Michael Breese’s ex wife pretended to give a damn about the criminality her husband was committing, she spent the money and didn’t think twice about where it originated from. Miller’s legacy will be a legacy of graft and corruption until the day he dies. The reality is that all of the memorial events which happen at the NAMFS Annual #FraudFest are merely celebrations by Labor that there are one less NAMFS Offender Member alive whom might have the opportunity to continue their unchecked fraud.

So, where does that leave Mortgage Field Services Industry Field Inspectors and the Safeguard Properties type door hangers which they thought would continue to shift the burden upon the shoulders of Minority Labor? Well, the genie is out of the bottle, now. Fact of the matter is that Eric Miller and his thugs cannot have their cake and eat it, too. What I mean, is that, either the Doctrine of Privity extends up to the Portfolio holders and Labor takes the hit along with the Portfolio holder or the Portfolio holders go it alone!

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Paul Williams
Linux addict buried deep in the mountains of East Tennessee.
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