Magistrate Judge: Borrowers Breached Loan Terms By Failing To Occupy Property

Mealey's (March 6, 2019, 4:05 PM EST) -- BIRMINGHAM, Ala. — After finding that borrowers breached the terms of their mortgage by failing to occupy a property within 60 days of executing their loan, an Alabama federal magistrate judge on March 1 held that a lender and its agents had the authority to enter the property and to secure it and granted summary judgment on claims for violations of the Fair Debt Collection Practices Act (FDCPA), negligence and other claims asserted against them (Mark Erdberg, et al. v. Five Brothers Mortgage Company Services and Securing, Inc., et al., No. 2:16-cv-01880, N.D. Ala., 2019 U.S. Dist. LEXIS 32870)....