Lawsuit Says Nationstar Mortgage Tried to Collect Time-Barred Debts

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According to a proposed class action lawsuit filed in Florida, defendant Nationstar Mortgage, LLC violated the Fair Debt Collection Practices Act (FDCPA) by mailing the plaintiff a collection notice that sought to collect on a debt outside of the applicable statute of limitations period. The proposed action, which the complaint notes stems from the defendant’s alleged routine practice of filing lawsuits against consumers, lays out a timeline of events that began with the defendants, as a trustee for Merrill Lynch First Franklin Mortgage Loan Trust, suing the plaintiff after he fell into arrears under a mortgage obligation. This action, the suit notes, was dismissed in November 2012.

In the collection notice in question, the lawsuit claims the defendant demanded monthly payments that reach back prior to the five-year statute of limitations pertaining to the plaintiff’s dismissed foreclosure action. The defendant demanded the plaintiff make monthly payments before it filed a second state foreclosure lawsuit.