5th Circuit Panel Holds Borrower Failed To Prove FDCPA, Texas Law Claims

Mealey's (January 31, 2019, 2:38 PM EST) -- NEW ORLEANS — A panel of the Fifth Circuit U.S. Court of Appeals on Jan. 28 affirmed dismissal of a borrower’s claims for violations of the Fair Debt Collection Practices Act (FDCPA) and Texas law, holding that a loan servicer abandoned its notice of acceleration of a loan and, therefore, reset the statute of limitations on foreclosure under Texas law (Nathalie D. Sims v. RoundPoint Mortgage Servicing Corp., No. 18-40332, 5th Cir., 2019 U.S. App. LEXIS 2803)....