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Pleadings and Discovery

Michigan State Court Complaint Concerning Mortgage Loan Servicing After Loan Modification (Owen)

This is a Michigan state court complaint brought in 2013 by Legal Aid of Western Michigan against Ocwen, a mortgage servicer, for failing to properly service the mortgage loan after a loan modification, including improperly computing the loan balance, improper debt collection practices, and failing to reply timely to a qualified written request.  This complaint was filed by John Smith of Legal Aid of Western Michigan.

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The sole issue on appeal is whether the district court erred in granting summary judgment to Defendant-Appellant AT&T Services, Inc. (AT&T) on the grounds that its automated text message survey system did not constitute an Automatic Telephone Dialing System as defined by the TCPA.

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This is a trial brief in a FDCPA case where the collector threatened foreclosure on the wrong house and tried to collect from the wrong person, the collector had no intent to foreclose, and the collector had no authority to collect the debt. The brief was written by Gregory Reichenbach, a Perrysburg, Ohio attorney, and Edward Icove, a Cleveland, Ohio attorney.

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