United States District Court, D. New Hampshire
Tompson, pro se
Kenneth B. Walton, Esq.
M. Brander, Esq.
J. McAULIFFE UNITED STATES DISTRICT JUDGE
plaintiff, Judith Tompson, brings this action against David
Fisher, d/b/a Fisher Financial Services
(“Fisher”), seeking compensation for an array of
alleged violations of state and federal law. At all relevant
times, Fisher was acting as the duly authorized agent of the
Lancelot Court Condominiums Association.
prior order (document no. 11), the court dismissed several of
Tompson's claims. What remain are her claims that, by
recording three liens against Tompson's condominium unit
for unpaid assessments, Fisher violated: (1) the federal Fair
Debt Collection Practices Act; (2) the New Hampshire Unfair,
Deceptive or Unreasonable Collection Practices Act; (3) the
New Hampshire Consumer Protection Act; and (4) the
Massachusetts Consumer Protection Act. Tompson also alleges
that, by recording those liens against her unit, Fisher was
negligent and breached various common law duties he owed to
now moves for summary judgment as to all of Tompson's
remaining claims. That motion is granted.
factual backdrop to this case has been recounted many times,
by numerous courts - both state and federal - including the
magistrate judge in her Report and Recommendation (document
no. 5). It need not be repeated. It is sufficient to note
that Tompson lives in the Lancelot Court Condominiums, in
Salem, New Hampshire. Fisher Financial Services is a
Massachusetts corporation that provides property management,
billing, and payment processing services under a contract
with the Lancelot Court Condominiums Association.
in or around 2008, Tompson fell into arrears on her
condominium assessments and fees. Over the course of about
three years, Lancelot Court brought three separate collection
actions against Tompson to recover those unpaid sums. Each
time it prevailed. In one of those cases, Tompson brought
claims against Fisher as a third-party defendant, in which
she alleged many of the same (or related) claims to those
advanced in this action. See “Counterclaim” in
Lancelot Court Condominium v. Tompson. No.
218-2014-cv-220 (N.H. Sup. Ct.) (document no. 40-8). In that
case, the jury returned a verdict in favor of Lancelot Court
and awarded it $17, 000. Subsequently, the trial court
awarded the condominium association an additional $22, 742.51
in costs and attorneys' fees. See Order dated March 4,
2014 (document no. 40-9) (noting that the “barrage of
motions filed by Tompson in what should have been a fairly
straightforward dispute over unpaid condominium
assessments” justified an award of fees that
“would appear to be high given the size of the verdict
and nature of the dispute”).
that same time period, attorneys for the condominium
association prepared three “memoranda of lien”
against Tompson's unit. See generally
N.H. Rev. Stat. Ann. 356-B:46 (providing that the “unit
owners' association shall have a lien on every
condominium unit for unpaid assessments” and stating
that such liens may be perfected by recording a
“memorandum of lien” in the appropriate registry
of deeds). Fisher, as the agent for the Lancelot Court
Condominiums Association, signed and recorded those liens in
the registry of deeds. See Memoranda of Lien
(documents no. 40-6, 40-10, and 40-11).
additional state and federal court litigation ensued
involving a writ of execution, a sheriff's sale of
Tompson's unit, the eventual foreclosure of the mortgage
deed to Tompson's unit, and at least two efforts to evict
her from that unit. But, those proceedings are not material
to this action.
action, Tompson claims that Fisher violated various state and
federal consumer protection statutes when, as the authorized
agent of the condominium association, he signed and recorded
the various liens prepared by the association's legal
counsel. Tompson also ...