MIAMI – A woman is suing a Utah-based loan servicing company over allegations of charging misleading and illegitimate fees to her mortgage.
Lisa McKenzie filed a federal claim on Jan. 11 in the U.S. District Court for the Southern District of Florida against Select Portfolio Servicing Inc., citing violations of the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA).
At all times relevant to the claim, the primary relationship of the defendant, a loan servicing company, in regard to the plaintiff was to collect payment upon the plaintiff’s alleged mortgage account. According to the claim, McKenzie received a letter on Oct. 23 that stated a payment of $542,696.91 was due on the mortgage by Nov. 22. The defendant began servicing the alleged debt after it was already in default. The plaintiff claims that the defendant included $5,913 in charges listed as “estimated legal fees and costs through Nov. 22, 2015.”
The plaintiff alleges that the defendant made a false representation as to the character, amount or legal status of the debt in violation of the FDCPA. She claims the charges were misleading and illegitimate. Furthermore, the plaintiff avers a violation of the FCCPA for claiming, attempting and threatening to enforce the reportedly unjust debt in the amount of $542,696.91.
McKenzie seeks a trial by jury to determine and grant actual damages, statutory damages, costs and attorney’s fees. She is represented by Seth Wieder of Loan Lawyers LLC in Fort Lauderdale.
US District Court for the Southern District of Florida Case number 0:16-cv-60055-WJZ