Massive Student Loan Filings by National Collegiate Student Loan Trust

National Collegiate Student Loan Trust has filed a large number of lawsuits against consumers in the Central Florida Area.  These lawsuits are defective on their face as there are no allegations of assignment stated in the complaint.  Moreover, many of the lawsuits are being filed by a Seattle, WA law firm by the name of Weinstein, Pinson & Riley, P.S. Based upon the failure of these crucial allegations, the lawsuits are ripe for dismissal. Just in 2013, Anthony Colunga of Weinstein Pinson & Riley has filed over 67 lawsuits against Orlando consumers; 36 lawsuits against residents of Seminole County; and, 33 in Volusia County, all on behalf of National Collegiate Student Loan Trust.

National Collegiate Student Loan Trust is a Delaware Trust that is currently pursuing many consumers in the Central Florida area on student loans. In most cases, National Collegiate Student Loan Trust is the holder of a loan but does not have the necessary assignments needed to prosecute the case.

Other law firms that represent National Collegiate Student Loan Trust in Central Florida are:

Pollack and Rosen, P.A.
Anthony Colunga, Esq.
Hayt, Hayt & Landau, P.L. 

Class Action filed againt Udren Law Offices for violations of FDCPA

A class action lawsuit filed in May of 2013 under the Fair Debt Collection Practices Act in United States District Court, Southern District of Florida, against Udren Law Offices, P.C., Courtney Jared Bannan and Mark J. Udren. Case 2:13-cv-14219-DLG. The lawsuit alleges that in connection with the filing of mortgage foreclosure actions, the validation notice stated that the consumer must object to the alleged debt "in writing." This practice has been ruled as a false, misleading and deceptive practice under the Fair Debt Collection Practices Act. See Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA, 130 S. Ct. 1605, 1634–35 (2010).

Plaintiff, on behalf of herself and other class members, is seeking statutory and emotional damages against Udren Law Offices and has demanded a trial by jury.

[The allegations in the Fair Debt Collection Practices Act lawsuit described in this article are the plaintiff’s version of the facts and must be proven with competent evidence. Moreover, these allegations may be denied or disproven by the defendants.]

Northstar Mortage pursues collection after bankruptcy discharge

On March 18, 2013, a lawsuit was filed by James Dooley under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act in United States District Court, Orlando, Florida, alleging that Dooley had a mortgage with Bank of America which eventually went into default. In August of 2011, Mr. Dooley filed for bankruptcy and received a discharge in January of 2012. The mortgage with Bank of America was listed on the bankruptcy schedules. Notwithstanding the discharge of the note, Nationstar Mortgage continued collection activities against Mr. Dooley attempting to collect the discharged debt.

In an unrelated case, another lawsuit was filed in April of 2013 also under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act in United States District Court, Orlando, Florida, alleges that consumers took out a mortgage with MorEquity. In August of 2010, consumers filed for bankruptcy and received a discharge in November of 2010. The mortgage with MorEquity was listed on the bankruptcy schedules. Notwithstanding the discharge of the note, Nationstar Mortgage continued aggressive collection activities against the consumers including collection calls and collection letters attempting to collect the discharged debt.

Both the Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act make 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."

Plaintiffs in both lawsuits are seeking statutory and emotional damages against Nationstar Mortgage, LLC and have demanded a trial by jury.

[The allegations in the Fair Debt Collection Practices Act lawsuit described in this article the plaintiff’s version of the facts and must be proven with competent evidence. Moreover, these allegations may be denied or disproven by the defendants.]

Ocwen Loan, Udren Law Offices, sue consumer after Bankruptcy Discharge

A lawsuit filed in April of 2013 under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act in United States District Court, Orlando, Florida, Case No. 6:13-cv-625-Orl-cv-22DAB, alleges that in November of 2006, the consumer took out a mortgage with the predecessor in title of Ocwen Loan Servicing, LLC. In November of 2009, consumer filed for bankruptcy and received a discharge in April of 2010. The mortgage with Ocwen was listed on the bankruptcy schedules. Notwithstanding the discharge of the note, on March 13, 2013, Ocwen and Udren Law Offices sued the consumer for foreclosure in Osceola County, Florida, on the discharged note and mortgage.

Correspondence indicates that Ocwen Loan Servicing was fully aware of plaintiff's bankruptcy for over one year prior the the filing of the foreclosure action. After the federal lawsuit was filed, Udren Law Offices filed papers in the foreclosure proceedings dropping all claims againt the consumer seekign persoanl liability.

Both the Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act make 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."

The consumer is being represented by N. James Turner of Orlando, FL.

[The allegations in the Fair Debt Collection Practices Act lawsuit described in this article the plaintiff’s version of the facts and must be proven with competent evidence. Moreover, these allegations may be denied or disproven by the defendants.]

Midland Funding, Pollack & Rosen, sue wrong person on alleged debt

A lawsuit filed in April of 2013 under the Fair Debt Collection Practices Act and the Florida Consumer Collection Practices Act in United States District Court, Orlando, Florida, alleges that Midland Funding, LLC and Pollack & Rosen, P.A. sued the wrong person in county court in Orlando. To make matters worse, Midland Funding, LLC, through its managing attorney, Amanda Duffy, filed another case against the same wrong person on the date that the federal case was filed.

The Florida Consumer 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."

Plaintiff is seeking statutory and emotional damages against Midland Funding, LLC and Pollack & Rosen, P.A. and has demanded a trial by jury.

[The allegations in the Fair Debt Collection Practices Act lawsuit described in this article the plaintiff’s version of the facts and must be proven with competent evidence. Moreover, these allegations may be denied or disproven by the defendants.]

Lawsuit: JPMorgan Chase & Co. photographs consumer's home who has no mortgage

A lawsuit filed in April of 2013 under the Florida Consumer Collection Practices Act in Seminole County, Florida, alleges that a representative of JPMorgan Chase & Co., was observed photographing the Plaintiff's home, taking notes and then attaching a collection notice to her front door. Too exacerbate the situation, the JPMorgan Chase & Co. representative was observed by the Plaintiff's son. The note said: "IMPORTANT - PLEASE CALL JPMorgan Chase & Co. - "WE ARE EXPECTING YOUR CALL TODAY."

The Complaint goes on to allege that the homeowner had no mortgage or other loan with JPMorgan Chase & Co.

The Florida Consumer 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."

The lawsuit relies, in part, on the "least-sophisticated consumer standard" which has at its purpose to expand the consumer protections originally provided by the Federal Trade Commission Act and to ensure that the consumer collection practices laws protect the gullible as well as the shrewd.

Plaintiff is seeking statutory and emotional damages against JPMorgan Chase & Co. and has demanded a trial by jury.

[The allegations in the Fair Debt Collection Practices Act lawsuit described in this article the plaintiff’s version of the facts and must be proven with competent evidence. Moreover, these allegations may be denied or disproven by the defendants.]

Lawsuit: Bank of America/Kass Shuler, Continue Pursuing Foreclosure/Auction After Modification

A lawsuit filed under the Fair Debt Collection Practices Act in Unites States District Court, Middle District of Florida, Orlando, alleges that Bank of America and its law firm, Kass Shuler, P.A., continued to prosecute a mortgage foreclosure action up to obtaining a final judgment setting a public sale date, despite the fact that the homeowners had obtained a permanent modification from Bank of America and were current on their mortgage payments.

The facts of the case begin with Bank of America, through its successors in interest, extending credit to the Plaintiffs through a first mortgage on their primary residence, Loan No. 164910692.

At some point prior to December of 2012, the mortgage went into default and on November 22, 2011, Bank of America , through its attorneys Kass Shuler, P.A., filed a mortgage foreclosure action against the Plaintiffs in Circuit Court, Orange County, Florida, alleging, among other things, that Plaintiffs were in default on their mortgage.

After November of 2011, Plaintiffs made application to Bank of America, for a modification of their existing first mortgage so that they would be better able to satisfy their financial commitments to Bank of Americasaid Defendant, and, most important, keep their home.

Plaintiffs provided Bank of America with all of the documents and other information that they required in order to obtain the loan modification.

Plaintiffs applied for the loan modification under the Home Affordable Modification Program (HAMP) which, according to Bank of America’s website: “is one of the federal government’s Making Home Affordable programs. The government’s goal for modifying your loan is to help you get a more affordable and sustainable monthly mortgage payment.”

In processing the application for loan modification, Bank of America, represented to the Plaintiffs that if they successfully made all of their Trial Period Plan payments, they would receive a permanent Modification Agreement explaining the changes to their loan terms and that once this document was been signed, notarized and returned to Bank of America, the modification would become permanent.

On December 18, 2012, Bank of America approved the Plaintiffs’ loan modification request and, according to documents, the modification would become permanent upon the Plaintiffs signing and returning the enclosed documents.

Plaintiffs anxiously and gratefully accepted the loan modification, executed a Loan Modification Agreement and returned it to Bank of America.

In full compliance with the Loan Modification Agreement, Plaintiffs continued to timely pay to Bank of America, each and every monthly mortgage payment required under their modified mortgage.

According to the lawsuit, Kass Shuler, P.A. submitted documents to the Circuit Court in the mortgage foreclosure action, contending that the Plaintiffs were in default on their first mortgage with Bank of America when, in fact, the Plaintiffs were current with respect to their obligations with Bank of America.

On March 6, 2013, Plaintiffs received a conformed copy of a Final Judgment for Plaintiff ordering that unless they paid a total of $353,985.67 to Bank of America, that their home would be sold at a public sale to the highest bidder on June 4, 2013 at 11:00 am.

The lawsuit further alleges that the Final Judgment for Plaintiff was drafted and prepared by Kass Shuler, P.A. and all of the information contained therein was supplied and furnished by Kass Shuler, P.A.

The fact and content of the Final Judgment was a complete shock to Plaintiffs because they had faithfully made all of their payments to Bank of America under the terms of the modified mortgage.

The lawsuit also alleges that Kass Shuler, P.A. promoted and reinforced its public image through its website, marketing materials, and other forms of advertising, for the purpose of creating the impression that it possessed special expertise in the areas of foreclosure litigation and problem resolution. What follows is a direct quote from the Kass Shuler, P.A. website:

"Nationally recognized for its experience and expertise in representing creditors throughout the state of Florida, our Collections department comprises highly qualified attorneys, paralegals, investigators and collectors specializing in both commercial and retail matters. Our exceptional online database system allows clients to easily access case status, promoting optimum communication and process efficiency."

Plaintiffs have requested statutory damages, declaratory relief and emotional damages and have demanded a trial by jury.

[The allegations in the Fair Debt Collection Practices Act lawsuit described in this article the plaintiff’s version of the facts and must be proven with competent evidence. Moreover, these allegations may be denied or disproven by the defendants.]