HOUSTON – A Cherokee County couple allege their mortgage was discharged in their bankruptcy filing and a servicer is attempting to collect it.

David Lynn Holladay and Brenda Lee Holladay filed a complaint on Dec. 18, 2017, in the Houston Division of the Southern District of Texas against Selene Finance LP alleging that the debt collector violated the Federal Fair Debt Collection Practices Act.

According to the complaint, the plaintiffs filed for bankruptcy in 2014 and their mortgage was discharged. They allege they surrendered and vacated their mortgage property. They allege in July 2017, they received a letter from the defendant informed them it acquired the mortgage and sent them demands for payment.

The plaintiffs holds Selene Finance LP responsible because the defendant allegedly unlawfully engaged in prohibited debt collection activity by demanding payment on a discharged debt and by making harassing and offensive contact with them.

The plaintiffs request a trial by jury and seek actual, statutory and punitive damages, costs and attorney’s fees, pre- and post-judgment interest and such other and further relief. They are represented by James J. Manchee and Marilyn S. Altamira of Manchee & Manchee PC in Plano.

Houston Division of the Southern District of Texas Case number 4:17-cv-03802

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