United States District Court, D. Connecticut
R. Underhill United States District Judge
Raymos-Ayala (formerly ValleCastro) and Nelson Valle, acting
pro se, have filed various claims related to debt
collection efforts beginning in 2013. In ValleCastro v.
Tobin, Melien &Marohn, 3:13-cv-1441 (SRU), which
concerns the defendants' efforts to collect on a loan
secured by Raymos-Ayala's home that was obtained in 2006,
the sole remaining claims are Raymos-Ayala's claims under
the Fair Debt Collection Practices Act, 15 U.S.C. § 1692
et seq. ("FDCPA"), against defendants
Green Tree Servicing, LLC (doing business as "Ditech
Financial LLC") and National Bear Hill Trust, and
Valle's claims against Green Tree under the Telephone
Consumer Protection Act, 47 U.S.C. § 227
("TCPA"). In Valle v. Green Tree Servicing,
LLC, 3:16-cv-277 (SRU), which concerns Green Tree's
efforts to collect on a loan secured by the same property
that was obtained in 2005, the sole surviving claims are
FDCPA claims brought by Valle against Green Tree.
defendants in both cases now move for enforcement of a
settlement agreement they assert was reached between the
parties, (doc. 118 in the ' 1441 case; doc. 39 in the
'277 case). For the following reasons, the
defendants' motion to enforce the settlement agreement is
granted in part and denied in part.
following facts appear to be uncontested by the parties and
supported by exhibits submitted with the briefing on these
motions. On January 13, 2017, Nelson Valle attended a
deposition at the offices of Shawn Smith, attorney for both
remaining defendants in both cases, Green Tree and National
Bear Hill Trust. Instead of holding the deposition, however,
the parties entered into settlement negotiations. At the
conclusion of the session, Smith and Valle created a
transcript stating, in relevant part:
MR. SMITH: A formal settlement agreement will be executed.
The following are the major terms in the agreement that all
parties have agreed to:
Ditech shall pay $7, 000 to the Plaintiffs within 30 days
after receiving the executed version in the settlement
agreement, an IRS form W9, and a receipt of executed copies
of the stipulations of dismissal, with prejudice in both
Two, once the occupants of the property located at 66
Montowese Street in Hartford, Connecticut have vacated the
property, Ditech shall pay an additional $5, 000 to the
Three, the deficiency as to the first note and first mortgage
in the amount -shall be waived.
For consideration of those Ditech's payments and the
waiver of the deficiency, the Plaintiffs will agree to
execute and deliver to Defendant's counsel stipulations
of dismissal of both actions with prejudice, which
Defendants['] counsel shall hold in escrow and file with
the court after making the $7, 000 payment to the Plaintiffs.
Second, the Plaintiffs agree to waive any rights or defenses
concerning the foreclosure of the subject property.
Three, they agree that all three occupants of the property,
Ms. Raymos-Awala[sic], Mr. Valle, and Ms. Wendy Valle shall
vacate the property by April 14, 2017.
The Plaintiffs also acknowledge and agree that Ms.
Raymos-Awala defaulted on the terms and conditions of her
The Plaintiffs also agree to release Ditech, National Bear
Hill Trust, BNY Mellon as trustee, and GE, and any servicers
of the first or second loans, including Bank of America or
any of the foregoing affiliates, from any past or present
claims relating to or arising from the first or the second
loans or the underlying loan documents, the servicing of the
first or the second loans, and the subject property.
And all parties understand that this agreement does not
constitute an admission of liability.
Mr. Valle, did I accurately and correctly state the major
terms of the parties' ...