DEBT RELIEF LAW CENTER
Attorney N. James Turner Can Help
Stop The Harassment!
Dyck-ONeal, Inc., incorporated in 1988, is a leading nationwide purchaser, collector and servicer of real estate deficiencies, first and second mortgage notes, judgments and promissory notes. Dyck O’Neal, Inc., 1301 South Bowen Road, Arlington, TX 76013
On August 19, 2015, a Circuit Judge in Orlando, Florida, dismissed an action for a deficiency judgment, with prejudice, filed by Dyck O’Neal. The defendant resided in California and purchased property in Florida for personal use. Falling on hard times, the defendant was unable to make the mortgage payments and a foreclosure judgement was entered against him and the property was sold at auction. Thereafter, 6 years later, Dyck O’Neal filed the action for a deficiency judgment seeking $203,000. In its order, the Court reasoned that the while the defendant, at one time, had minimum contacts with the State of Florida sufficient to subject him to Florida Courts, he no longer owned the property after the original foreclosure action. Dyck O’Neal v. Larry Rojas, Case No. 2014-CA-1369.
Beginning around the middle of 2014, Dyck-O'Neal, Inc. filed hundreds of actions for deficiency judgments in Florida, based upon prior final judgments of mortgage foreclosure. Many of these deficiency actions were filed in an improper venue. The Fair Debt Collection Practices Act requires that a consumer only be sued in the county where they reside at they time of the current action, or, in the county where the signed the paperwork upon which the current lawsuit is based. Many of the mortgages connected to these deficiency actions were with borrowers who currently live in other states. These deficiency actions should be dismissed for improper venue. Moreover, if the original foreclosure judgment provided that the court retained jurisdiction to enforce that judgment, the court hearing the deficiency action may lack jurisdiction over the subject matter.
In June of 2015, Dyck-O'Neal and Law Offices of Daniel C. Consuegra, P.C. were sued in United States District Court for this alleged violation claiming that the state court lacked jurisdiction over the subject matter. Jessica A. Hernandez, et al v. Dyck-O'Neal, Inc., and Daniel C. Consuegra, Case No. 2:15-cv-00337-SPC-DNF.
Since June of 2014, the following cases have been filed against Dyck-O'Neal and and Law Offices of Daniel C. Consuegra, for venue violations in violations of the Fair Debt Collection Practices Act:
Richard Brown, et al v. Dyck-O'Neal, Inc., Case No. 8:2015-cv-997;
Molly Wright, et al v. Dyck-O'Neal, Inc., Case No. 2:2015-cv-249;
Yennifer Lopez v. Dyck-O'Neal, Inc. v. Case No. 8:2015-cv-571;
Danell A. Huthsing v. Dyck-O'Neal, Inc., Case No. 8:2014-cv-2694;
Christopher Slye v. Dyck-O'Neal, Inc., Case No. 8:2015-cv-1450;
Colleen Glenney v. Dyck-O'Neal, Inc., Case No. 8:2015-cv-1449;
Micheal Aluia, et al. Dyck-O'Neal, Inc., Case No. 2:2015-cv-81;
R. Stephen Lee, et al. v. Dyck-O'Neal, Inc., Case No. 8:2015-cv-1451;
Larry Rojas v. Dyck-O'Neal, Inc., Case No. 6:2014-cv-1374;
Norelys Salcedo v. Dyck-O'Neal, Inc., Case No. 3:2015-cv-721;
Richard Simpson, Jr. v. Dyck-O'Neal, Inc., Case No. 8:2014-cv-1946;
Robert Baggett, III v. Dyck-O'Neal, Inc., Case No. 3:2014-cv-1014;
John A. Zonin v. Dyck-O'Neal, Inc., Case No. 8:2015-cv-1215;
Cameron Byam Dyck-O'Neal, Inc., Case No. 8:2015-cv-1232;
Ritu B. Hollis v. Dyck-O'Neal, Inc., Case No. 8:2015-cv-1217;
Stephen P. Matzkow v. Dyck-O'Neal, Inc., Case No. 8:2015-cv-1133;
Sheila Milne v. Dyck-O'Neal, Inc., Case No. 8:2015-cv-1132
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STARTED SINCE 1990
Orlando Consumer Rights Lawyer - providing aggressive and affordable professional services to consumers who have been victims of debt collection harassment by debt collectors and auto fraud, to residents in Orlando, Kissimmee, and throughout the Central Florida Area.