Seeming inconsistency is not falsity.

triangle imageA mortgage servicer can violate the Texas Finance Code by asserting legal rights it does not actually have.  See McCaig v. Wells Fargo Bank, 788 F.3d 463 (5th Cir. 2015).  But seemingly inconsistent communications by a servicer do not violate the Code:

“[Plaintiff] does not contend that any one letter is a misrepresentation in
and of itself but rather that the amounts differ, so the letters are misleading
as a whole. But the letters explicitly state that they are describing two different
types of obligations: notices of the entire outstanding obligation and notices
of the amount due to bring the loan current. Each category is internally consistent
and consistent with the other. [Plaintiff’s] amount to bring the loan current
continued to grow over time because she was not making adequate payments
and still occupied the property. The total outstanding obligation grew for the
same reason. The letters were not misrepresentations but, instead, were
accurate descriptions of two different types of obligations and were specifically
identified as such.”

Rucker v. Bank of America, 15-10373 (Nov. 20, 2015).

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