The exchange for the debt economy
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What followed, according to the allegations, was a rapid unraveling. Newton says she made her June payment at the original amount, but when she tried to pay in July, the online system would not accept it. She alleges the company told her it could not take partial payments and would only accept the higher amount. By August 2023, she says she received a nonjudicial foreclosure notice from Rubin Lublin LLC stating her home would be sold on September 21, 2023 — without, she contends, ever receiving the acceleration notice required under her deed of trust.
The suit also takes aim at the mechanics of how the loan was transferred. Newton alleges that a June 7, 2023, assignment of the deed of trust, signed by Jeffrey Osgood as Vice President for MERS and recorded with the Hancock County Recorder’s Office, transferred all rights, title, and interest to Rocket Mortgage. She argues the assignment was invalid, contending that MERS is a registry system that never owned the note and, under its own terms, holds no rights to payments, servicing, or mortgaged properties.
Newton further alleges that the defendants never held a properly secured lien on the property under Mississippi law and that the original loan documents bore only the signatures of the previous owners.
The suit raises claims under the Fair Debt Collection Practices Act alongside state-level claims for wrongful foreclosure, breach of contract, slander of title, and fraud. Newton is seeking damages, injunctive relief, and a court declaration voiding the deed of trust assignments and the notice of default.
The case is Newton v. Necaise et al., No. 1:26-cv-00046, and remains in its earliest stages.
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