SunTrust Mortgage, PennyMac sued for violating bankruptcy discharge injunction

A Collin County resident is suing two companies for wrongfully pursuing a debt after bankruptcy.

Joshua Arthur Morones filed a lawsuit Jan. 7 in the Sherman Division of the U. S. District Court for Eastern District of Texas against SunTrust Mortgage Inc. and PennyMac Loan Services LLC.

The plaintiff cites the Fair Credit Reporting Act, unfair debt collection, unreasonable collection, invasion of privacy and violation of the bankruptcy discharge injunction. 

According to the complaint, the plaintiff filed for bankruptcy and was granted a discharge on Jan. 22, 2013, and SunTrust received a copy of the discharge order. The complaint says SunTrust had a lien against Morones property in Yucca Valley, Calif., but the plaintiff listed the property as surrendered on his statement of intention. SunTrust then sold or assigned the plaintiff's account to PennyMac, who had actual notice of the plaintiff’s bankruptcy filing, according to the complaint.

The plaintiff contends that following his discharge PennyMac committed numerous wrongful acts, including impermissibly accessing the plaintiff's credit report for collection purposes, sending statements and collection letters, calling the plaintiff regarding the surrendered property and causing PennyMac agents to visit the plaintiff’s residence in Texas, the suit states.

Morones is seek statutory damages, actual damages, punitive damages, costs, interest and fees.

The plaintiff is being represented in the case by attorneys James J. Manchee and Marilyn S. Altamira of Manchee & Manchee PC.

U.S. District Court for Eastern District of Texas Case No. 4:14-cv-00009-RC-ALM.

 

This is a report on a civil lawsuit filed in the United States District Court for Eastern District of Texas. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.

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