Borrower Fails To Plead That Mortgage Loan Was A Debt Under FDCPA

Mealey's (June 23, 2022, 11:46 AM EDT) -- NEWARK, N.J. — A borrower has failed to sufficiently plead his claim for violation of the Fair Debt Collection Practices Act (FDCPA) against his mortgage loan servicer and the loan’s assignee stemming from actions the defendants allegedly undertook in attempting to obtain payments under the loan after a default because the borrower failed to properly plead that the mortgage loan was a debt under the statute, a federal judge in New Jersey ruled June 21 in granting in part the defendants’ motion to dismiss....