Loan Servicer Seeks Dismissal Of Borrower Claims In Suit Over Payment Increase

Mealey's (October 14, 2021, 2:11 PM EDT) -- DALLAS — Dismissal of a borrower’s claims under the Texas Finance Code and for common-law fraud against a mortgage servicer stemming from the servicer’s alleged failure to notify the borrower that it had been inserted by her mortgage lender as the servicer of the loan and its increase of her monthly payment on the loan is necessary because the borrower’s claim that the servicer lacks any “verification or proof of ownership of the mortgage is a red herring,” the servicer argues in an Oct. 13 motion to dismiss filed in Texas federal court....