[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.fight13.com\/mortgage-statements-are-attempts-to-collect-a-debt#BlogPosting","mainEntityOfPage":"https:\/\/www.fight13.com\/mortgage-statements-are-attempts-to-collect-a-debt","headline":"Mortgage Statements Are Attempts to Collect a Debt?!?!?","name":"Mortgage Statements Are Attempts to Collect a Debt?!?!?","description":"In the ever-changing landscape of consumer protection, courts around the country are constantly coming out with new case law regarding whether certain communications are attempts to collect a debt as defined by the Fair Debt Collect Practices Act. Recently, a Judge in the Southern District of Florida denied a defendant\u2019s...","datePublished":"2018-06-06","dateModified":"2025-09-19","author":{"@type":"Person","@id":"https:\/\/www.fight13.com\/attorneys\/matis-h-abarbanel#Person","name":"Matis Abarbanel","url":"https:\/\/www.fight13.com\/attorneys\/matis-h-abarbanel","identifier":55,"image":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2025\/09\/matis-abarbanel_avatar-96x96.png","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2025\/09\/matis-abarbanel_avatar-96x96.png","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Loan Lawyers, LLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/icon-logo.png","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/icon-logo.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/columns_top-2.jpg","url":"https:\/\/www.fight13.com\/wp-content\/uploads\/2020\/03\/columns_top-2.jpg","height":515,"width":798},"url":"https:\/\/www.fight13.com\/mortgage-statements-are-attempts-to-collect-a-debt","about":["Debt Collection Harassment and Abuse (FDCPA)"],"wordCount":478,"keywords":["fdcpa"],"articleBody":"In the ever-changing landscape of consumer protection, courts around the country are constantly coming out with new case law regarding whether certain communications are attempts to collect a debt as defined by the Fair Debt Collect Practices Act. Recently, a Judge in the Southern District of Florida denied a defendant\u2019s motion to dismiss and held that mortgage statements sent to a borrower after borrower\u2019s attorney sent a cease and desist letter, were attempts to collect a debt and in violation of the FDCPA and FCCPA. Lear v. Select Portfolio Servicing, Inc., 17-62206-civ-Zloch (S.D. Fla. April 25, 2018). The Court looked at mortgage statements that Select Portfolio Servicing, Inc. (\u201cSPS\u201d) was sending to a borrower who was currently in foreclosure and had sent SPS a cease and desist letter informing SPS that the borrower was represented by counsel. The Court determined that the mortgage statements sent by SPS after the cease and desist letter, went beyond what was required by federal law and appeared to be debt collection communications that violate the FDCPA and FCCPA. The Court pointed out that each statement featured a notice stating, \u201cThis is an attempt to collect a debt. All information obtained will be used for that purpose,\u201d and such language would seem to indicate that the mortgage statements were debt collection communications. In sum, the Court has concluded that statements sent pursuant to federal law can be turned into, with additional language, debt collection communications thereby potentially being in violation of the FDCPA and FCCPA if sent after being put on notice of counsel.For more information about FDCPA, please visit our website here.Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems. We have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud. Contact us for a free consultation to see how we may be able to help you.About the AuthorLatest PostsMatis AbarbanelMatis Abarbanel is the founding partner and senior attorney at Loan Lawyers in South Florida. He focuses his practice on consumer rights, helping homeowners navigate issues such as foreclosure and financial hardship. Matis also brings a wealth of experience from his previous work in personal injury law. As a devout Chasidic Jew, he is committed to making a positive impact in his community and dedicates his efforts to charitable initiatives through his non-profit organization, The Center, which aids at-risk Jewish youth. Matis actively serves clients across South Florida and is passionate about empowering individuals to secure their rights and achieve a better future.When Foreclosure Errors by Lenders Lead to Legal Remedies for Homeowners in Fort LauderdaleWhat Homeowners Can Do When Loan Documents Contain Forged or Altered SignaturesUnderstanding Florida\u2019s Debt Forgiveness Programs and IRS Rules"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Mortgage Statements Are Attempts to Collect a Debt?!?!?","item":"https:\/\/www.fight13.com\/mortgage-statements-are-attempts-to-collect-a-debt#breadcrumbitem"}]}]