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In the case, the plaintiff borrowers owned a five bedroom, four and a half bathroom, ocean front second home in Stone Harbor, NJ. The house's fair market value is approximately 2.9 to 3.6 million dollars. In July 2012 when defendant Nationstar took over services on the Plaintiff's mortgage, the plaintiffs were already in default. A proposed modification agreement was sent by Nationstar to the plaintiff borrowers but the agreement stated it had to be executed within just a few days. A verbal extension of time between the parties was reached and an agreement eventually executed, however at the time of signing the plaintiff borrowers hand wrote a change that modified the agreement. This kicked off a series of events which ended with the plaintiff borrowers filing a lawsuit alleging a breach of contract and violations of the Real Estate Settlement Procedures Act ("RESPA"), the Fair Debt Collection Practices Act (“FDCPA”) and the New Jersey Consumer Fraud Act (“CFA”). The court dismissed the RESPA and CFA claims but allowed the FDCPA claim to proceed. To read the full opinion dated June 29, 2018 click here.

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