ORLANDO – An Orlando man alleges foreclosure proceedings were begun on his home without probable cause.
Dennis Delia filed a complaint on Oct. 31 in the U.S. District Court for the Middle District of Florida, Orlando Division against
Ditech Financial LLC and James Albertelli PA
alleging violation of the Fair Debt Collection Practices Act, the Real Estate Settlement Procedures Act and the Florida Consumer Collection Practices Act.
According to the complaint, the plaintiff alleges that he suffered injuries as a result of the defendants' failure to investigate, correct and provide written notice of correction of accounting errors regarding plaintiff's mortgage loan account, including their continued prosecution of a foreclosure action without probable cause and with intent to deprive plaintiff of his real property.
The plaintiff holds Ditech Financial LLC and James Albertelli PA responsible because the defendants allegedly failed to correct accounting errors on plaintiff's property mortgage and failed to provide plaintiff with a written explanation of the basis of their action.
The plaintiff requests a trial by jury and seeks judgment against defendants, damages, interest, costs, attorney's fees, and further relief as may be just. He is represented by George M. Gingo of Brevard Consumer Law Center in Titusville and Catherine J. Jones of LegalNinja LLC in Titusville.
U.S. District Court for the Middle District of Florida, Orlando Division Case number 6:16-cv-01901