, one thing is clear: parties cannot run around making false claims to collect from borrowers when those parties do not own the loan. As a Texas district court recently put it, “Banks are neither private attorneys general nor bounty hunters, armed with a roving commission to seek out defaulting homeowners and take away their homes in satisfaction of some other bank’s deed of trust.” Miller v. Homecomings Financial, LLC, 2012 WL 3206237 at *5, __F. Supp.2d __(S.D. Tex. [Hous.] 2012)(denying servicer’s motion to dismiss).
Posted on: Wed, 28 Aug 2013 01:40:47 +0000