Sue Mortgage Company For Breach Of Contract

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Sue Mortgage Company For Breach Of Contract – A mortgage holder with a delinquent home loan has settled a potential class action lawsuit with PHH Mortgage Co. after claiming the company raised property inspection fees.

Kirk Culver sued the company in 2020, saying in a proposed class action that PHH wrongfully charged him premiums for third-party property inspection costs for delinquent loans, Law360 reported.

Sue Mortgage Company For Breach Of Contract

Sue Mortgage Company For Breach Of Contract

According to the lawsuit, PHH contracted with a third party that used a computer system to inspect the properties every 20 to 30 days, and with each inspection, PHH increased Culver’s mortgage between $15 and $19.50.

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However, the actual cost of the inspection was “significantly less than what was charged to the plaintiff,” the class-action lawsuit says.

Sue Mortgage Company For Breach Of Contract

Although Culver sought to represent other mortgage borrowers sued in similar situations, his attorneys told Law360 that after discovery, they found “the claim is not ripe for classification.”

“That is why we have focused our attention on resolving claims and damages for our individual clients, and we are very pleased to be able to do so,” said Zachary Ludens of Zebersky Payne Shaw Lewenz LLP.

Sue Mortgage Company For Breach Of Contract

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Ludens said the agreement marks the end of the department’s lawsuit, as Culver will be the department’s representative.

In June, PHH tried to throw out the case, but a U.S. District Judge Paul G. Byron ruled in Culver’s favor and allowed his claims for breach of contract and violations of the Fair Debt Directive Practices Act, as well as claims for violations of the Act . Florida Consumer Collection Practices Act, Law360 reports.

Sue Mortgage Company For Breach Of Contract

In its motion to dismiss, PHH stated that it is not a debt collector and should not be subject to the law that Culver is suing. But Judge Byron cited PHH’s statement including the amount due, the $72.22 late fee that “may be charged” and the clear statement that the letter was from a “debt collector” as evidence that it acted. as a debt collector.

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“If the instant communication, which includes the defendant as a debt collector attempting to collect, a potential late payment of $72.22, and the full amount due, contains clear language communication that does not constitute debt collection communication, it is difficult to see what would happen. which. .”

Sue Mortgage Company For Breach Of Contract

Last September, PHH settled a $12.6 million class-action lawsuit against homeowners who alleged that what the company called “processing fees” caused customers to pay their home loans online or over the phone — fees ranging from $17.50 to $7.50 — . violated the Federal Fair Debt Collection Practices Act and violated their mortgage agreement.

Have you ever taken out a loan from PHH? Tell us about your experience in the comments section!

Sue Mortgage Company For Breach Of Contract

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Culvert is represented by Jordan A. Shaw and Zachary D. Ludens of Zebersky Payne Shaw Lewenz LLP, J. Matthew Stephens of Methvin Terrell Yancey Stephens & Miller PC and Darren R. Newhart of Newhart Legal PA.

The PHH Inspection Fee Class Action is Culver v. PHH Mortgage Corp., case number 6:20-cv-02292. case, in the United States District Court for the Middle District of Florida.

Sue Mortgage Company For Breach Of Contract

Note: Top Class Action is not a settlement administrator or law firm. Top Class Actions is a legal news source covering class actions, class action lawsuits, drug injury claims and product liability claims. Class Action Superior does not process claims and we cannot advise the status of a class action settlement. Contact your settlement administrator or attorney for any updates on your claim status, claim forms or questions about expected mail payments.

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Sue Mortgage Company For Breach Of Contract

CONTRACT I BREACH OF CONTRACT I AVAILABILITY – What is the statute of limitations for breach of contract claims? CONTRACT I BREACH OF CONTRACT I AVAILABILITY – What is the statute of limitations for breach of contract claims?

The statute of limitations (“SOL”) states that a breach of contract lawsuit must be filed within a specified time period. The statute of limitations varies from jurisdiction to jurisdiction and depends on the pleading filed. To determine which statute of limitations applies to a breach of contract claim, you must first evaluate the type of contract that was made and second determine when the contract was breached.

Sue Mortgage Company For Breach Of Contract

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The first step in a breach of contract claim is to determine what type of contract was formed. There are many types of contracts, but this blog will focus on three types of contracts, specifically express written contracts, express oral contracts and implied contracts. Each contract and the applicable statute of limitations are discussed below.

The second step in a breach of contract claim is to determine when the breach occurred. It is a breach of contract if the obligations or obligations stated in the contract are not performed according to the agreement of the parties. The breach of contract may be minor or the breach may be essential to the agreement. Depending on the circumstances, minor breach of contract claims may include delays in the provision of services, delays in payment or slight deviations in production. Alternatively, a material breach may include a complete failure to perform the contracted services or a failure to deliver the agreed product.

Sue Mortgage Company For Breach Of Contract

It is important to identify the time of the breach because “[a] cause of action in contract does not accrue until the contract has been breached.” (

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In our previous blog discussing the statute of limitations, we examined the statute of limitations from the perspective of fraud and “SOL’s breach of fiduciary duty.” By comparing the differences between constructive fraud and breach of fiduciary duty, we identify the different elements of each claim and the corresponding statutes of limitations. We have touched on the issue of the statute of limitations as it applies to both of these causes of action, however, in breach of contract claims, fraud and breach of fiduciary duty can often intersect when you engage in willful misconduct. rise to the breach. Let’s take a closer look at SOL as it relates to actions for breach of written contract; breach of oral contract and breach of implied contract.

Sue Mortgage Company For Breach Of Contract

A written contract is an express agreement between two or more parties in which the obligations, liabilities, benefits, and other important and essential terms of the contract are outlined in writing and most often performed by the parties. The parties’ expectations are largely recorded in a written agreement.

In the case of a written contract, under California Code of Civil Procedure section 337(a), it must be filed within four years of the contract.

Sue Mortgage Company For Breach Of Contract

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