Our firm recently filed a class action lawsuit against Real Time Resolutions for robo-calls they placed to our client relating to a second mortgage that it claims is past due. It isn't. Our client made every payment on time and has the cashed checks to prove it, but Real Time insists that she missed one payment. As a result, they call her several times a week to demand more money from her.
Our client never listed her cell phone number on her original loan application and never gave her consent to call, so any calls Real Time made using an automatic telephone dialing system were a violation of federal law. The penalty for each TCPA violation is $500 per call and can be tripled to $1,500 per call if they were made "willfully or knowingly."
Have you been getting calls from Real Time? If you'd like to share your story with us, please be in touch. We'd love to see how we can help and hear more about your experiences.
Our client originally took out a first and second mortgage to buy her home and the loans were initially serviced by Countrywide. When Bank of America bought Countrywide, that bank too over servicing. Bank of America then sold the servicing rights to Real Time, who bombarded her with calls to her home and cell phone.
Real Time Resolutions specializes in default mortgage servicing, typically of second mortgages and home equity lines of credit originated by Countrywide and Bank of America. Real Time employs about 275 people at its headquarters in Dallas, Texas, and has been in business since 2000. Eric Green, the company's CEO, founded the company after leading another company that was the largest high loan-to-value second lien originator and servicer in the United States.
Real Time is no stranger to TCPA litigation. In 2012, the Ankcorn Law Firm filed a class action with the same allegations arising from Real Time's collection calls to another of our clients. That lawsuit was individually settled, but our investigation turned up almost 200 calls from Real Time to that client. Her mortgage was also a Countrywide loan that was later taken over by Bank of America, then Real Time.
We sued Real Time again in early 2013 on behalf of another borrower, also a class action and also for the same kind of conduct: using a robo-dialer to make collection calls without first having the consent of the called party. That case also settled individually and was called Rodriguez v. Real Time Resolutions, Inc., Case No. 13-cv-728 JM (Southern District of California).
In August 2013, Real Time was sued for a third time in a TCPA class action. That case was filed in federal court in Seattle and is called Hurrle v. Real Time Resolutions, Inc., Case No. 3:13-cv-5765 BHS. On February 20, 2014, the judge in that case issued a stay of proceedings halting the litigation until the FCC could rule on a related technical petition that Real Time claims will have a big impact on that case (it won't).
If you think you, too, might have a claim against Real Time, please be in touch.