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Vallecastro v. Tobin, Melien & Marohn

United States District Court, D. Connecticut

July 10, 2017

BRUNILDA VALLECASTRO, Plaintiff,
v.
TOBIN, MELIEN & MAROHN, Defendants. NELSON VALLE, Plaintiff,
v.
GREEN TREE SERVICING, LLC, Defendant.

          ORDER

          Stefan R. Underhill United States District Judge

         Brunilda 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.

         The 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.

         I. Background

         The 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 cases.
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 Plaintiffs.
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 second loan.
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' ...

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