The term “servicer” is a fabricated term, a frankenstein legal term that has no legal meaning. It was made up by the banks and Wall Street cartels….for far too long, courts have let them get away with it. But our friend, the angel of foreclosure defense April Charney shares these nuggets with us:
If an entity does not own the account, or if it is not owed, the collector may not collect or sue. E.g., Cox v. Hilco Receivables, L.L.C., 726 F.Supp.2d 659, 666 (N.D. Tex. 2010) (” Improperly identifying oneself as the owner of a debt is certainly a misrepresentation of that debt’s legal status”); Wallace v. Washington Mut. Bank, F.A., 683 F.3d 323 (6th Cir. 2012) (suing before ownership documents transferred); Bourff v. Rubin Lublin, LLC, 674 F.3d 1238, 1241 (11th Cir. 2012) (misidentification of BAC as creditor); Shoup v. McCurdy & Candler, LLC, 465 Fed. Appx. 882, 885 (11th Cir. 2012) (misidentification of MERS as creditor); Gearing v. Check Brokerage Corp., 233 F.3d 469, 472 -73 (7th Cir. 2000) (allegation in its state court complaint that it was ” subrogated” to Ayerco’s rights gave a false impression as to the legal status); Grant-Hall v. Cavalry Portfolio Services, LLC, 856 F.Supp.2d 929, 942 (N.D. Ill. 2012) (misrepresenting that CPS had the right to file suit); Manlapaz v. Unifund CCR Partners , 2009 WL 3015166 *5 (N.D. Ill. 2009) (suing on a debt it did not own); Matmanivong v. Unifund CCR Partners, 2009 WL 1181529 *5 (N.D. Ill. 2009) (same); Hepsen v. J.C. Christensen and Associates, Inc., 2009 WL 3064865 *5 (M.D. Fla. 2009) (false representation of creditor’s name); Braatz v. Leading Edge Recovery Solutions, LLC, 2011 WL 9528479 *1 (N.D. Ill. 2011) (identifying two companies might cause consumer to be concerned about the possibility she was being defrauded or that she might pay the incorrect creditor and continue to have outstanding debt).
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