It is undeniable you to definitely Ditech is actually a mortgage servicer and you can Federal national mortgage association is actually a collector
Moss’s loan when she was already when you look at the default,” in a manner that “Ditech constitutes a loans collect[or] in FDCPA
Considering Moss, she as well as alleges inside her Revised Ailment one “Ditech broken RESPA because of the ‘impos[ing] a charge otherwise charges versus a good foundation to do this.'” Pl.’s the reason Opp’n six n.dos (quoting Ampl. ¶ 73). Despite the point that Part 73 of your Amended Ailment claims you to definitely “Ditech, once the representative off FNMA, is not permitted to demand a fee otherwise fees in the place of a beneficial sensible foundation to achieve this,” versus indeed alleging you to Defendants imposed such fee, which claim, plus, alleges falsity inside the Defendants’ response that costs they charged was basically proper.
Defendants believe servicers and financial institutions don’t be considered because the “debt collectors” unless of course the loan was at default when Ditech began repair they while Federal national mortgage association received the fresh new Note
Yet ,, once the detailed, § 2605(e)(2) provides the servicer which have several alternative responses so you’re able to an excellent QWR, in lieu of and come up with “suitable changes.” Find several You.S.C. § 2605(e)(2)(A)-(C). (more…)