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Boday v. Franklin Credit Mgmt. Corp. (In re Boday)

Boday v. Franklin Credit Mgmt. Corp. (In re Boday)

Ruling
Mortgage creditor ordered to adjust records to reflect payments used by debtors to effect a cure.
Procedural posture

Chapter 13 debtors filed a complaint against a creditor, the holder of the debtors'mortgage, requesting that the court make a determination as to the amount due under its loan to the creditor, and requesting that the court award them damages, including attorney fees and punitive damages, for the creditor's failure to properly calculate the principal balance of their loan.

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Consumer opinion summary, case decided on October 02, 2008 , LexisNexis #0109-088