WEST PALM BEACH – A Duval County woman alleges a mortgage servicer made false and misleading statements in a foreclosure judgment and caused her monetary damages.
Christine I. Schulte filed a complaint on Oct. 4 in the U.S. District Court for the Southern District of Florida against New Penn Financial LLC, doing business as Shellpoint Mortgage Servicing alleging violation of the Fair Debt Collection Practices Act.
According to the complaint, the plaintiff alleges that the state entered a final judgment of foreclosure on her home in February. She alleges the property sold for more than the judgment balance and that she is entitled to receive the surplus proceeds, but defendant refused to return due amount to plaintiff. She also alleges more than $4,000 was erroneously assessed to her account for force-placed insurance.
The plaintiff holds New Penn Financial LLC responsible because the defendant allegedly caused plaintiff to retain and pay for legal counsel, failed to correctly respond to notices of error sent by the plaintiff and erroneously charged plaintiff's account with a forced-placed insurance.
The plaintiff requests a trial by jury and seeks judgment in her favor in the total amount of her damages, attorney’s fees and litigation costs. She is represented by Jeffrey N. Golant of The Law Offices of Jeffrey N. Golant PA in Coral Springs.
U.S. District Court for the Southern District of Florida Case number 9:16-cv-81689