A Series of Unfortunate Events Does Not Create a TDCPA Claim

After a string of missed, overpaid, refunded, and improperly credited property tax payments and a cancelled foreclosure, homeowners Peter and Natalya Shin sued Chase Home Finance under the Texas Debt Collections Practices Act. Chase moved for a no-evidence summary judgment, which the trial court granted. The Court of Appeals affirmed, holding that the plaintiffs had failed to come forward with evidence showing a violation of the Act. Among other things, the Court held that the homeowners had not shown Chase had attempted to collect unauthorized fees, because the mortgage papers provided that Chase could indeed collect the subject fees if the borrowers did not pay their property taxes on time. Since there was no question that the plaintiffs had been late in paying their property taxes, Chase’s attempt to set up and collect the funds for an escrow account was authorized under the parties’ agreement.

Shin v. Chase Home Finance LLC, No. 05-12-01634-CV