Lawsuit Says Potestivo & Associates Publicized Private Foreclosure Info

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Debt collection outfit Potestivo & Associates, P.C. is the defendant in a proposed class action that says the group publicized “private mortgage debt information as an announced debt collector” beyond what’s called for by the Michigan Foreclosure Statute. The complaint summarizes the allegations thusly:

“Every ‘Notice of Mortgage Foreclosure Sale’ (Foreclosure Notice) that Potestivo sends out advertising a Michigan homeowner is in default of a debt and their home is for sale, ignores the omeowners’ right to privacy and also the regulations and protections against harassment and abusive debt collection under the FDCPA.”

The defendant, which acts as both a foreclosure law firm and debt collection agency, reportedly posted this private information in notices sent out to newspapers and online. The meat of the allegations waged by the named plaintiff are that the defendants went above and beyond what is required by law when posting foreclosure notices, namely that the plaintiff’s actual address, name, and the fact that his family defaulted on their mortgage was publicly disseminated.