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| A federal judge has awarded a New Hampshire woman $200 per telephone call for hundreds of calls allegedly made by Ameriquest Mortgage Co. after she asked the company to stop harassing her. But the judge dismissed claims by the woman — who represented herself in federal court — that Ameriquest should have stopped her from a bumbling attempt to develop her own property and from borrowing more than she knew she could afford.
The woman, Rosemary A. Gilroy of Amherst, first obtained a $790,000 loan from Ameriquest in July 2004, according to a copy of the complaint filed during 2007 in U.S. District Court for the District of New Hampshire. Also named as a defendant is Ameriquest affiliate AMC Mortgage Services Inc. By March 2005, her borrowings had escalated to $937,000, the lawsuit says. Closing costs paid to Ameriquest amounted to $45,000. The property consisted of five residential condominium units which Gilroy had converted from office condominiums. Ameriquest used three as security against the notes. The plaintiff alleged predatory lending practices and violation of the Consumer Protection Law of State of New Hampshire Statutes Annotated. She claimed Ameriquest committed fraud, discrimination and intentional infliction of emotional harm. Gilroy also claimed Ameriquest forced her to borrower more than she wanted, should have prevented her from acting as a developer and included the unit that was her primary residence as security against her wishes. She blamed Orange, Calif.-based subprime lender for three strokes she said she suffered. Gilroy, who represented herself in federal court, said that by 2007, she was $80,000 delinquent in interest payments. For six alleged counts outlined in her lawsuit, Gilroy sought $937,000 in damages and double that for treble damages from the defendants. In addition, she requested that her delinquent payments be forgiven. In a November 2007 answer to the complaint, Ameriquest denied — or claimed it had insufficient knowledge to address — most of the allegations. But it was just one count, Harassment, that had any traction. She claims that each evening and every Saturday over multiple months, Ameriquest made a call on each of three outstanding loans — even after she asked the company to stop calling. The calls allegedly continued after she declared bankruptcy. Yesterday, the judge awarded Gilroy $40,000 — $200 for each of 200 illegal calls allegedly made by the defendants. Rosemary A. Gilroy, Plaintiff V. Ameriquest Mortgage Company Defendant AMC Mortgage Services, Inc. Defendant.Case 1:07-cv-00074-JD, March 15, 2007 (U.S. District Court for the District of New Hampshire) |
