The court overrules the demurrer as to the first and second cause of action. The court finds that a bank or loan servicer is not excluded as a matter of law under the statutory definition of the Rosenthal Fair Debt Collection Practices Act, and while ordinarily the RFDCPA does not encompass the mortgage foreclosure process, the complaint alleges extraneous fees and costs and an attempt to collect monies beyond those agreed to by the parties within the statute of limitations. The court also finds that the allegations (at paragraphs 18-23) as to the second cause of action, violation of the Unfair Competition Law, are sufficient to describe an alleged unfair business practice. Any answer must be filed within 10 days notice of this order.
Hearing Date
March 23, 2018
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The court overrules the demurrer as to the first and second cause of action. The court finds that a bank or loan servicer is not excluded as a matter of law under the statutory definition of the Rosenthal Fair Debt Collection Practices Act, and while ordinarily the RFDCPA does not encompass the mortgage foreclosure process, the complaint alleges extraneous fees and costs and an attempt to collect monies beyond those agreed to by the parties within the statute of limitations. The court also finds that the allegations (at paragraphs 18-23) as to the second cause of action, violation of the Unfair Competition Law, are sufficient to describe an alleged unfair business practice. Any answer must be filed within 10 days notice of this order.