517 F. App'x 767
11th Cir.2013Background
- Hixsons appeal a corrected judgment in favor of CitiMortgage, MBS Mortgage, and MERS on TILA, FDCPA, and Florida CCPA claims.
- They allege district court erred by proceeding with trial while they were unable to represent themselves and by judgment for the mortgage companies.
- Hixsons refinanced a loan; MBS Mortgage held the mortgage as nominee for MBS Mortgage; Citimortgage began servicing after closing.
- They paid only principal and interest, not escrow, leading to a foreclosure.
- They sought rescission under TILA and claimed FDCPA and Florida CCPA violations based on misstatements and harassment.
- District court conducted bench trial; judgments were entered against Hixsons on TILA and Florida CCPA claims, and FDCPA claim was resolved in Citimortgage’s favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| TILA compliance and disclosures | Hixsons contend TILA violations for missing disclosures | Citimortgage complied with TILA disclosures | TILA disclosures delivered; no violation found |
| FDCPA applicability | Citimortgage as debt collector violated FDCPA | Citimortgage sought to collect debt it was owed, not a debt collector | FDCPA not applicable to CitiMortgage |
| Florida CCPA viability | Defendant violated Florida CCPA by debt threats | No valid debt claim; debt not legitimate | Florida CCPA claim failed; debt not proven due |
| Trial conduct by pro se Hixsons | District court should have continued trial due to lack of counsel | Court not required to act as counsel; parties proceeded pro se | No reversible error; trial permitted |
| Procedural sufficiency of objections | Hixsons’ procedural objections lack authority | Objections insufficient to require reversal | No error requiring reversal; judgment affirmed |
Key Cases Cited
- Moon v. Newsome, 863 F.2d 835 (11th Cir. 1989) (pro se status and self-representation responsibilities)
- GJR Invs., Inc. v. Cnty. of Escambia, 132 F.3d 1359 (11th Cir. 1998) (court not required to provide de facto counsel)
- Sierra Club, Inc. v. Leavitt, 488 F.3d 904 (11th Cir. 2007) (no miscarriage of justice shown by testimony issues)