HSBC Mortgage Corporation had obtained a judgment in 2009 in a foreclosure case. They also had an order to sell the homeowner’s home. In 2013 the 2009 judgment was vacated and the lawsuit discontinued for “administrative reasons.” However, the homeowner continued to receive statements that her loan was referred to foreclosure or accelerated. The new servicer, Fay Servicing LLC became involved in 2016. A lawsuit by the homeowner had been brought to quiet title in this case.
Action by HCBS’s Attorneys
In 2017 Rosicki & Rosicki & Associates, attorneys for the financial institution sent a “Notice of Default” a pre-foreclosure notice, claiming the homeowner owed $229,220.00. They also threatened legal action against the homeowner. The notice by Rosicki & Rosicki & Associates said the default date was 2011. The actual default date was May 2008.
Violation of Fair Debt Collection Protection Act
United States District Court Judge Frederick Block sitting in the Eastern District in New York denied dismissal of both Rosicki and Fay Servicing violation of the Fair Debt Collection Practices Act. The letter they sent threatening to foreclose on a mortgage was barred by the statute of limitations. Judge Block held the homeowner presented documentation her mortgage was accelerated and the acceleration was not revoked. She said the foreclosure action was time barred pursuant to the New York State 
statute of limitations on bringing foreclosure lawsuits. Judge Block allowed the homeowners to continue litigating under the Fair Debt Collection Practices Act because the foreclosure lawsuit was barred due to the statute of limitations.
Elliot S. Schlissel, Esq. is a foreclosure lawyer. He has been representing homeowners in foreclosure defense cases for more than 45 years. He can be reached at 800-344-6431 or e-mailed at: Elliot@sdnylaw.com for a free consultation.
