Debt Buyer Claims Can And Should Be Defended

Just as we’ve begun to catch our breath from revelations of the predatory and fraudulent tactics of mortgage loan servicers who filed robo-signed and false affidavits, mortgage assignments and other documents in an attempt to defraud courts in Ohio and across the country to foreclose on homeowners, the national media and the Consumer Finance Protection Bureau have started to investigate the even bolder and more egregious tactics of firms that specialize in buying credit card debt.

 

            Yesterday’s Washington Post details one consumer’s fight against one of the nation’s largest and least ethical debt buying operations, Midland Mortgage.

 

            The Post reports:

 

“One Midland employee, Ivan Jimenez, testified in a 2009 civil lawsuit against the firm that he signed 200 to 400 affidavits a day. He said that “very few” documents were checked for accuracy, a claim that mirrors accusations of mortgage servicers “robo-signing” foreclosure documents.”

 

But unlike the evolving case law on foreclosures Ohio Courts have held debt buyers like Midland to a minimal standard of proving that they are actually entitle to enforce the debts that they are collecting and that those debts alleged are accurate.

 

We have had success in defending debt buyer claims in courts throughout Ohio and then pursuing claims against the debt buyers under the Fair Debt Collection Practices Act, The Ohio Consumer Sales Practices Act and The Telephone Consumer Protection Act and other consumer statutes. 

 

Despite theses defenses and potential claims against the debt buyers the vast majority of debt buyer lawsuits in Ohio go undefended.

 

If a debt buyer has sued you please call for a free evaluation of your claim.

 

 

Marc Dann

mdann@dannlaw.com

216-373-0539

 

www.dannlaw.com

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