Critical Case Comment: Bourff v Rubin Lublin

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of TN

Bourff v Rubin Lublin, LLC, 2012 WL 971800 (Eleventh Cir, March 15, 2012) (Per Curiam)

A law firm, filing a debt verification letter to a consumer to collect on a mortgage obligation, violates the Fair Debt Collection Practices Act when it wrongly identifies the default servicer as the “creditor” in the communication.

Case Summary

Mr. Bourff borrowed $195,000 from America’s Wholesale Lender which debt was secured by real property. When he failed to make payment on . . .

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