Full opinion text
MEMORANDUM OF DECISION GRANTING DEFENDANTS’ [DKT. #233] MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF’S [DKT. #244] CROSS MOTION FOR SUMMARY JUDGMENT VANESSA L. BRYANT, District Judge. The Plaintiff, Fabiola Is Ra El Bey, proceeding pro se, brought this suit alleging violations of the Federal Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and the Connecticut Unfair Trade Practices Act (“CUTPA”), Conn. Gen.Stat. §§ 42-110b(a) and — 110g(a), against Defendant Hunt Leibert Jacobson, PC, a Connecticut-based law firm and three individual Defendants who are partners of Hunt Leibert Jacobson, PC (collectively referred to herein as “Hunt Leibert”) in connection with a pending foreclosure action in Connecticut Superior Court. Pending before the Court is Hunt Leibert’s motion for summary judgment and Plaintiffs cross motion for summary judgment. For the reasons set forth below, Defendants’ motion for summary judgment is granted and Plaintiffs cross-motion is denied. Procedural Background This case has an extensive procedural background, a summary of which will enhance the understanding of this decision. This is the first of two substantially similar civil actions that the pro se Plaintiff has filed in this Court against Defendant law firm Hunt Leibert in connection with two pending state foreclosure actions. See Derisme v. Hunt Leibert Jacobson, PC, No. 3:10-cv-23(VLB) (D.Conn. Filed Jan. 7, 2010). On February 19, 2010, the Plaintiff filed the instant lawsuit alleging violations of the FDCPA and the Racketeer Influenced and Corrupt Organizations (“RICO”) Act, 18 U.S.C. § 1961 et seq. On March 26, 2010, Hunt Leibert filed its first motion to dismiss. The then-assigned District Judge, the Honorable Mark R. Kravitz, noting that Plaintiffs complaint “was not a model of clarity” held a status conference regarding the first motion to dismiss on May 27, 2010. After the conference, Judge Kravitz issued an Order denying the first motion to dismiss. Based on Plaintiffs representations during the conference, the court concluded that Plaintiffs only claims were an FDCPA claim and a RICO claim. See [Dkt. # 25]. During the conference, Judge Kravitz directed Plaintiff to file a RICO Case Statement as required by the United States District Court for the District of Connecticut’s Standing Order in Civil RICO Cases no later than June 28, 2010. Plaintiff complied with the Court’s Order by filing her RICO Case Statement on June 28, 2010. See [Dkt. # 33]. The Court also informed Hunt Leibert that it could file a motion to dismiss the RICO claim no later than July 15, 2010. On June 8, 2010, Hunt Leibert filed its second motion to dismiss and a motion for a protective order to stay discovery on the ground that the court lacked subject matter jurisdiction over the action. See [Dkts. ## 30, 31]. Hunt Leibert then filed an amended second motion to dismiss to correct several typographical errors on July 1, 2010. [Dkt. #35]. Although Judge Kravitz specifically informed Hunt Leibert during the May 27, 2010 conference that it could file a motion to dismiss the RICO claim for failure to state a claim, Hunt Leibert’s Amended Second Motion to Dismiss was styled as a motion to dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1). Hunt Leibert argued in support of the motion that this Court lacks federal question jurisdiction because the First Amended Complaint fails to state any federal-law claim for relief. See [Dkt. # 30]. Plaintiff had numerous opportunities to respond to both arguments and had filed several voluminous memoranda addressing both arguments. See [Dkt. # 47]. Judge Kravitz therefore construed the amended second motion to dismiss as a consolidated motion asserting both lack of subject matter jurisdiction pursuant to Rule 12(b)(1) and failure to state a claim pursuant to Rule 12(b)(6). On July 6, 2010, Plaintiff filed a motion to amend the complaint and attached a proposed second amended complaint, [Dkt. # 37], in which Plaintiff asserted that the court had subject matter jurisdiction under the federal question jurisdiction statute, see 28 U.S.C. § 1331, and under the diversity jurisdiction statute. See id. § 1332. She also asserted that the District Court has subject matter jurisdiction under 28 U.S.C. § 1337, which provides federal district courts with jurisdiction over civil actions “arising under any Act of Congress regulating commerce or protecting trade and commerce against restraints and monopolies.” The second amended complaint still asserted an FDCPA claim and a RICO claim, and added a CUTPA claim. The second amended complaint also asserted that the District Court had supplemental jurisdiction over related state-law claims, see 18 U.S.C. § 1367. On July 14, 2010, Hunt Leibert filed a third motion to dismiss, despite the fact that the Court had not yet ruled on the second motion to dismiss and Plaintiffs motion to amend. On July 15, 2010, the Court denied the third motion to dismiss without waiting for a response from Plaintiff. Judge Kravitz instructed Hunt Leibert that it should file a motion to supplement its briefing on the second motion to dismiss if it wished to make any new legal arguments. See [Dkt. #41], The Court also instructed Hunt Leibert to direct any future briefing toward Plaintiffs second amended complaint rather than toward the first amended complaint. See id. On July 27, 2010, Hunt Leibert filed a motion to supplement the amended second motion to dismiss [Dkt. #43] along with a supplemental memorandum in support of the amended second motion to dismiss. [Dkt. #44], On August 26, 2010, Judge Kravitz denied the second motion to dismiss as moot, denied the motion for protective order concluding that it had subject matter jurisdiction over the case, granted in part and denied in part Hunt Leiberfs amended second motion to dismiss, granted in part and denied in part Plaintiffs motion to amend the complaint, and granted Hunt Leiberfs motion to supplement the amended second motion to dismiss. See [Dkt. # 51], see also Derisme v. Hunt Leibert Jacobson, PC, 2010 WL 3417857 (D.Conn. Aug. 26, 2010). Judge Kravitz held that Plaintiffs RICO claims against both Hunt Leibert and the individual Defendants failed as a matter of law and did not permit Plaintiff to further amend her RICO allegations because any such amendment would be futile. Id. at *8. The Court further allowed Plaintiffs second amended complaint to the extent that it asserted claims under the FDCPA and CUTPA. Lastly, Judge Kravitz held that it had federal question jurisdiction in this case and that Plaintiffs other assertions regarding subject matter jurisdiction had no merit. Id. at *7. Although still not a model of clarity, Judge Kravitz construed Plaintiffs second amended complaint, ruling that the Plaintiff alleged that Hunt Leibert violated § 1692g(a), (b) and (e) of the FDCPA and also violated CUTPA. [Dkt. # 37]. On October 4, 2010, Hunt Leibert filed a motion for judgment on the pleadings and argued that Plaintiff could prove no set of acts in support of her remaining claims in her second amended complaint. See [Dkt. # 64]. On November 10, 2010, Judge Kravitz granted in part and denied in part Hunt Leibert’s motion for judgment on the pleadings. See Derisme, 2010 WL 4683916 (D.Conn. Nov. 10, 2010). Judge Kravitz held that the second amended complaint did not include sufficient factual allegations to reasonably infer that Hunt Leibert violated § 1692g(b) and (e) and therefore dismissed Plaintiffs FDCPA claim to the extent it was based on violations of § 1692g(b) and (e). Id. at *6-7. The Court held that the second amended complaint, construed liberally, included sufficient factual material to allow a court to draw a reasonable inference that Hunt Leibert failed to comply with the FDCPA’s notice requirements during its initial telephone communication with Plaintiff under § 1692g(a). Id. at *6. Judge Kravitz ruled that Plaintiff “may only continue to pursue her FDCPA claim to the extent that she alleges that Hunt Leibert violated § 1692g(a) in its initial telephone communication with her in 2008. She may only continue to pursue her CUTPA claim to the extent that she asserts that by violating § 1692g(a) in 2008, Hunt Leibert also violated § 42-110b(a).” Id. at *9. Judge Kravitz also noted in its decision that the FDCPA claims are governed by a one-year statute of limitations but since Hunt Leibert did not raise a statute of limitations argument and that it was “at least conceivable that the statute of limitations might be equitably tolled” he did not need to address the statute of limitations issue at that time. Id. at *6 n. 8. On April 13, 2011, the Plaintiff once again moved to amend her complaint seeking to add several new causes of action including intentional and negligent infliction of emotional distress, fraudulent concealment and misrepresentation. See [Dkt. # 140]. On April 14, 2011 the case was transferred to this Court. On June 27, 2011, the Court denied Plaintiffs motion to amend the complaint finding that since the “Plaintiff has already amended the complaint twice, the Court has already ruled on a motion to dismiss and a motion for judgment on the pleadings, another amendment which adds entirely new causes of action at this late stage in the litigation would create prejudice to the opposing party as discovery is significantly complete and such new causes of action will require significant resources to conduct additional discovery and create additional delay in the resolution of the dispute.” See [Dkt. # 178]. The Court also held that such amendment would be futile. [Id.]. On July 21, 2011, the Court held a status conference to discuss outstanding discovery issues with the parties. During the colloquy at the conference, the Court gained a better understanding of the Plaintiffs theory of her case, reversed its decision and ruled that the Plaintiff could amend her complaint for the limited purpose of asserting two additional FDCPA claims in the interest of judicial efficiency and in deference to the Plaintiffs pro se status. Specifically, the Court ruled that the Plaintiff could amend her complaint to assert (1) “that in 2009 Plaintiff sent a written request for validation of debt after initial communication to foreclose on debt and that Defendant did not forbear on the foreclosure proceeding prior to sending validation to Plaintiff as evidenced by proof of short calendar claim” and (2) “that Defendant sought in 2010 to collect debt without disclosure of intent to do so by letter asserting that the FDCPA did not apply.” See [Dkt. # 197]. On July 29, 2011, the Plaintiff filed her third amended complaint in contravention of the Court’s order. See [Dkt. #201]. On August 4, 2011, Hunt Leibert filed a motion to strike the amended complaint in its entirety arguing that Plaintiff had added totally new allegations beyond the two additional claims permitted by the Court. See [Dkt. # 206]. On August 24, 2011, the Court granted in part and denied in part Hunt Leibert’s motion to strike. See [Dkt. #216], The Court struck the additional allegations Plaintiff made regarding a loan modification Plaintiff entered with the holder of the loan through its servicer EMC as irrelevant, immaterial and impertinent to the remaining claims against Hunt Leibert. The Court also noted that although Plaintiff was not required to do so she had alleged facts in her third amended complaint in an attempt to overcome Hunt Leibert’s affirmative defense based on the statute of limitations and noted that Plaintiff may present such facts supporting her equitable tolling claim on summary judgment. [Id.]. The Plaintiffs claims on summary judgment have been distilled to three federal claims and one ancillary state claim. The first is whether Hunt Leibert violated 15 U.S.C. § 1692g(a) in its initial 2008 telephone communication by failing to send Plaintiff a written notice informing her of her right to dispute the debt within five days thereof (the “2008 FDCPA claim”). The second is whether Hunt Leibert violated 15 U.S.C. § 1692g(b) in 2009 by continuing to prosecute the foreclosure proceeding after she disputed the debt and before it sent her a verification of the debt (the “2009 FDCPA claim”). The final FEDERAL claim is whether Hunt Leibert violated 15 U.S.C. § 1692e(ll) by sending the Plaintiff a letter in 2010, contesting her assertion that its pending foreclosure proceeding violated the FDCPA, without disclosing in its letter that it intended to collect a debt (the “2010 FDCPA claim”). In addition, Plaintiffs CUTPA claim has been limited to her assertion that by violating the FDCPA Hunt Leibert violated CUTPA. Facts The Plaintiff disputes every fact asserted on the basis of unsubstantiated and conclusory assertions of law and fact. Plaintiffs assertions are not supported by the record and the Plaintiff has failed to file any documents in opposition to the Defendants’ motion for summary judgment and its supporting documents. Moreover, the record evidence offered by the Defendants soundly refutes the Plaintiffs conclusory assertion that genuine issues of material fact exist. The record of evidence demonstrates the following facts. In 2004, Plaintiff purchased a condominium located at 1423 Quinnipiac Avenue Unit # 809 in the City of New Haven, Connecticut. [Dkt. #234, Def. Local Rule 56(a)l Statement at ¶¶2-3]. On July 14, 2006, Plaintiff refinanced the property, executing a note (the “Note”) in the amount of $120,000 made payable to First Bank and executed a mortgage of the property in the bank’s favor on the same date. [Id. at ¶¶ 1-3]. There was a second mortgage on the property for approximately $30,000. [Id. at ¶ 4], On January 14, 2008, EMC Mortgage Corporation (“EMC”), as servicer for LaSalle Bank Association as Trustee for Certificate holders of Bear Sterns Asset backed Securities, LLC, Asset-Backed Certificates, Series 2006-HE9 (hereinafter “LaSalle”), sent a letter to Plaintiff informing her that they had forwarded her account to an “attorney/trustee to immediately initiate foreclosure proceedings” and that “should you wish to reinstate or pay off your loan, or if you have questions regarding the foreclosure process, please contact the attorney/trustee [Hunt Leibert] handling the foreclosure process.” [Dkt. # 244, Ex. A. EMC letter]. On January 22, 2008, Hunt Leibert on behalf of LaSalle served on Plaintiff a Connecticut Superior court complaint seeking foreclosure dated January 17, 2008 due to Plaintiffs default on the Note (the “2008 Foreclosure”). [Dkt. # 234, Def. Local Rule 56(a)l Statement at ¶ 7]; see also [Dkt. #234, Ex. E, Superior Court Summons and Complaint dated January 17, 2008]. On January 18, 2008, Hunt Leibert caused a Lis Pendens to be recorded on the land records of New Haven giving notice of the pending foreclosure. [Dkt. # 234, Def. Local Rule 56(a)l Statement at ¶ 8]. On January 28, 2008, Plaintiff initiated a telephone call to Hunt Leibert to find out how to stop the foreclosure. [Id. at ¶¶ 9-10]. On the same day, Plaintiff requested a payoff for the balance owed on the Note via Hunt Leibert’s website. [Id. at ¶ 11]. On February 12, 2008, Plaintiff received a facsimile from Hunt Leibert with the amount needed tp pay off the mortgage loan. [Id. at ¶ 13]; see also [Dkt. # 234, Ex. I, Fax Transmittal and Confirmation Page]. In 2008, Plaintiff communicated directly with EMC and entered into a Loan Modification Agreement, effective June 27, 2008 with EMC. [Dkt. #234, Def. Local Rule 56(a)l Statement at ¶ 15]; see also [Dkt. #234, Ex. J, Loan Modification Agreement]. Plaintiff believes that the Loan Modification should have been for an arrearage in the amount of approximately $13,667.67 but that EMC drafted the modification in a manner as to cause the loan modification to be “issued for approximately $120,000 over the arrearage, in the amount of $132,246.26.” [Dkt. #276 at ¶ 11]. Defendant has explained that the Loan Modification did not create a separate and additional debt. [M]. On December 11, 2008, Hunt Leibert filed a withdrawal of the 2008 Foreclosure as a result of the execution of the Loan Modification Agreement. [Dkt. #234 at ¶ 19]. Following the withdrawal of the 2008 foreclosure proceeding, Hunt Leibert recorded a Release of Lis Pendens on the land records of New Haven. [Id. at ¶ 20]. Plaintiff came to believe that EMC and LaSalle had engaged in fraud under the Truth in Lending Act (“TILA”) and composed a number of documents purporting to cancel the mortgage agreement on that basis. [Dkt. # 276 at ¶ 12 and Dkt. # 244, Ex. E]. Plaintiff asserts that the “original loan transaction that was never extinguished upon execution of the alleged loan medication was cancelled under TILA” on May 8, 2009, and that “Notice was placed on the New Haven Land Records before the second foreclosure action in July 2009.” [Id.]. On July 23, 2009, Hunt Leibert, on behalf of Bank of America, National Association, as successor by merger to LaSalle, filed in Connecticut Superior Court a complaint seeking foreclosure dated July 22, 2009, due to Plaintiffs default on the Note (the “2009 Foreclosure”). [Dkt. #234 at ¶ 21]; see also [Dkt. # 234, Ex. M, Superi- or Court Summons and Complaint dated July 22, 2009]. Hunt Leibert also caused a Lis Pendens to be recorded on the land records. [Dkt. # 234 at ¶ 21]. On July 24, 2009, Plaintiff filed a motion to dismiss the 2009 Foreclosure. [Dkt. #234, Ex. P, Superior Court Motion to Dismiss]. In that motion, Plaintiff purported to unilaterally void the note and mortgage ab initio. She wrote that she “sent Notices of Rights to Cancel, Revocation of Power of Attorney and Removal of Trustee, Beneficiaries and assigns to EMC Mortgage and First Bank Mortgage. Signatures were also rescinded from all documents. Subsequent to that they were sent notices of default for not responding according to the rules set forth in TILA guidelines. EMC Mortgage forwarded me a document entitled Notice of Rights to Cancel. This document is forged. No rights to cancel were ever signed given or told. An affidavit was sent stating the fraud ... This Lis Pendens is cancelled, rejected, voided ab initio, nunc pro tunc. I do not have any contract with you. I do not want to get back into a contract with you. I do not want to enter into any contracts with you. Your offer is refused for failure to state a claim, upon which relief can be granted. You have no Standing to bring this claim ... I am invoking my right to cancel CONTRACTS under commercial law within three days.” [Id.] (emphasis in the original). In response to Plaintiffs assertions, Hunt Leibert sent the Plaintiff a letter dated on August 5, 2009 entitled “Debt Validation Letter” which stated the outstanding loan balance was $139,529.28. [Dkt. # 234 at ¶ 24]; see also [Dkt. # 234, Ex. Q]. Included with the letter was a computer generated print-out which gave a detailed breakdown of the balance owed. [Id.]. On August 12, 2009, Hunt Leibert filed an objection to the motion to dismiss. [Dkt. # 234 at ¶ 25]; see also [Dkt. # 234, Ex. R]. In its objection, Hunt Leibert noted that Plaintiff “has pleaded the instant motion to dismiss alleging lack of standing based upon concepts of truth in lending act and a substantive claim of rescission of the underlying loan instruments.” [Dkt. # 234, Ex. R]. Hunt Leibert, on behalf of its client, stated in its objection that Plaintiff Is Ra El Bey “executed a Note and Mortgage Deed, that it is the holder of the loan instruments, that the instruments are in default, and that it has elected to exercise the remedy of foreclosure in accordance with the underlying mortgage deed.” [Id.]. Lastly, Hunt Leibert stated that it had pleaded all the elements for a foreclosure action within the complaint. On August 24, 2009, Plaintiff filed an “affidavit of facts”/“rebuttal to Debt Collector’s objection to dismiss and amendment to motion to dismiss” dated August 24, 2009. [Dkt. #234 Ex. S]. Plaintiff argued that she had revoked power of attorney on May 12, 2009 and that these “notices were posted in the public record but that the Debt Collectors chose to ignore them and bring this illegal action.” Plaintiff also argued that she was “well within the right to also cancel the alleged loan under TILA and sought relief for the injury” and therefore she “rejects the Debt Collector’s assertion unequivocally that a Promissory Note was executed. THERE IS NOT PROMISSORY NOTE. THERE WAS NEVER A PROMISSORY NOTE (sic).” [Id.] (emphasis in the original). On August 27, 2009, Plaintiff sent an “Initial Debt Collection Dispute Letter” via certified mail to Hunt Leibert. See [Dkt. # 234, Ex. T]. In this letter, Plaintiff stated that “I DO NOT HAVE A CONTRACT with YOU and I DO NOT WISH TO CONTRACT with you. If you believe you have a valid contract I am putting you on notice that it is NULL, VOID, RESCINDED, ANNULLED, CAN-CELLED, AB INITIO and NUNC PRO TUNC. Your attempt to contract with FABIOLA DERISME via Summons was rejected on July 24, 2009.” [Id] (emphasis in the original). Plaintiff also indicated that Hunt Leibert was “engaging in deceptive and unfair Collection Processes” and “collecting on a cancelled debt.” Plaintiff further requested the “following proof with the Attorney General and the Secretary of State as my witnesses: (1) Produce the original wet ink signature promissory note for inspection front and back; (2) Produce the name and address of the current Holder; (3) Produce the name and address of the Original Lender; (4) Produce Customer Account Activity Statement or other accounting statement or report that details all transaction on this account from July 14, 2006 to the date of Cancellation May 12, 2009; (5) Produce the Original wet ink signature Loan Modification Document for inspection front and back; (6) Produce proof of valid Assignment and evidence of a UCC 3 financing statement; and (7) Produce proof that you are license to collect debt in Connecticut.” [Id.]. Lastly, Plaintiff indicated that “[u]ntil and unless you provide the above proof and all the necessary validation evidence as required under the FDCPA, I demand that you Cease and Desist all unlawful Collection activities immediately and that you withdraw your unlawful complaint.” [Id.]. On September 25, 2009, Hunt Leibert filed a reclaim of its objection to the motion to dismiss. [Dkt. #234, Ex. U]. On October 1, 2009 Hunt Leibert sent a letter to Plaintiff stating that it had marked “ready for argument” the objection to the motion to dismiss for the Connecticut Superior Court’s short calendar for October 5, 2009. [Dkt. # 234, Ex. V]. The Superior Court held oral argument on the motion to dismiss and objection to the motion on October 5, 2009. [Dkt. # 234 at ¶ 30]. On December 15, 2009, Hunt sent the Plaintiff a second and more detailed validation letter entitled “Debt Validation Response Letter” which included information regarding the calculation of the debt owed, a full payment history, updated payoff figures, and copies of the Note and Mortgage. [Dkt. # 234, Ex. Y], On February 5, 2010, Plaintiff mailed three identical “Complaint Letters” to Richard Leibert, Richard Jacobson, and Kimball Hunt, three partners of Hunt Leibert, informing them “about the deceptive collection practices your firm has been engaging in.” [Dkt. # 234, Ex. AA]. Plaintiff further indicated in the letters that “[y]our firm has not complied with the FDCPA requirements and although I have sent letters about the non-compliance, the illegal practices still continue.” [Id.]. Plaintiff further stated that Hunt Leibert had “placed a lis pendens on my home although the alleged debt has been cancelled or was at least being disputed. These notices were placed on the public records therefore the attorneys were aware of them. However, these notices were acknowledged but ignored.” [M]. Plaintiff stated that Hunt Leibert “also failed to send an initial debt collection letter within the required five day period under the FDCPA. This would mean that any other action they take would be threatening action that can’t be taken. I have sent letters pointing these things out, however, your firm refuses to cease and desist its collection efforts.” [Id.]. Lastly, Plaintiff indicated that she was giving each partner “three days to respond to my letter in writing so that you can inform me of how you will be rectifying this situation. Failure to respond will mean that you condone these practices and this is just the culture of your company and the way it is supposed to run.” [Id.]. On February 12, 2010, Attorney Peter Ventre of Hunt Leibert sent Plaintiff a “Reply Letter” responding to her three “Complaint Letters.” [Dkt. #234, Ex. BB], In the letter, Attorney Ventre stated that Plaintiffs “unilateral recording of documents on the land records does not impact the ability of our firm to proceed on your breach of the terms of the note and mortgage.” [Id.]. Attorney Ventre also indicated that “outside of pleadings, an initial debt letter was sent to you on August 5, 2009 concerning the above property. On August 27, 2009, you disputed the validity of the debt. Thereafter, on December 15, 2009, this office responded to your debt dispute by providing you with a letter validated the debt along with a copy of the note, mortgage, payment history and an updated pay-off amount.” [Id.]. Attorney Ventre also indicated that the subject property was not Plaintiffs primary residence, but appears to be an investment property with rental income and “[tjherefore, this loan may not be subject to the FDCPA” and cited to a Fifth Circuit and Ninth circuit case. [Id.]. Legal Standard Summary judgment should be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R. Civ. P. 56(a). The moving party bears the burden of proving that no factual issues exist. Vivenzio v. City of Syracuse, 611 F.3d 98, 106 (2d Cir.2010). “In determining whether that burden has been met, the court is required to resolve all ambiguities and credit all factual inferences that could be drawn in favor of the party against whom summary judgment is sought.” Id., (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Matsushita Electric Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). “If there is any evidence in the record that could reasonably support a jury’s verdict for the nonmoving party, summary judgment must be denied.” Am. Home Assurance Co. v. Hapag Lloyd Container Linie, GmbH, 446 F.3d 313, 315-16 (2d Cir.2006) (internal quotation marks and citation omitted). “A party opposing summary judgment cannot defeat the motion by relying on the allegations in his pleading, or on conclusory statements, or on mere assertions that affidavits supporting the motion are not credible. At the summary judgment stage of the proceeding, Plaintiffs are required to present admissible evidence in support of their allegations; allegations alone, without evidence to back them up, are not sufficient.” Welch-Rubin v. Sandals Corp., No. 3:03cv481, 2004 WL 2472280, at *1 (D.Conn. Oct. 20, 2004) (internal quotation marks and citations omitted).. Analysis As a preliminary matter, Plaintiffs cross-motion for summary judgment entirely focuses on Plaintiffs argument that Hunt Leibert is not entitled to the affirmative defenses it asserted in its answer. See [Dkt. #244], An affirmative defense is defined as “ ‘[a] defendant’s assertion raising new facts and arguments that, if true, will defeat the plaintiffs or prosecution’s claim, even if all allegations in the complaint are true.’ ” Saks v. Franklin Covey Co., 316 F.3d 337, 350 (2d Cir.2003) (quoting Black’s law Dictionary 430 (7th ed.1999)). Therefore even if the Court were to consider and hold that Hunt Leibert is not entitled to any of the affirmative defenses it pled in its answer, Plaintiff would still not be entitled to a grant of summary judgment in her favor. The Court’s analysis on summary judgment is primarily focused on the evidence submitted by the parties relating to the allegations a plaintiff makes in a complaint. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (“Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.”). Here, the Court could only grant summary judgment in favor of Plaintiff if first Plaintiff demonstrated there was no genuine dispute as to any material fact relating to her allegations that Hunt Leibert violated the FDCPA and second that the undisputed facts demonstrated that Plaintiff is entitled to judgment as a matter of law. In other words, do the undisputed facts as a matter of law demonstrate that Hunt Leibert violated the FDCPA. Since an affirmative defense is by definition unrelated to a plaintiffs allegations, a finding by the Court that Hunt Leibert is not entitled to an affirmative defense would not also demonstrate that Hunt Leibert violated the FDCPA as a matter of law. Accordingly, Plaintiffs argument that she is entitled to summary judgment because Hunt Leibert’s affirmative defenses cannot defeat her claim is unavailing. The Court notes that Hunt Leibert asserted several affirmative defenses for failure to state a claim. However, “failure to state a claim” is better considered a general defense aimed at the sufficiency of the allegations in the complaint and is appropriately asserted on motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). See Satchell v. Dilworth, 745 F.2d 781, 784 (2d Cir.1984) (holding that a general denial of allegations is insufficient to plead an affirmative defense). Here, Hunt Leibert has already moved to dismiss Plaintiffs complaint several times for failure to state a claim. On summary judgment, the Court’s analysis is focused on the sufficiency of the evidence and not the sufficiency of the pleadings. See e.g., Fox v. Poole, No. 06CV148, 2008 WL 3540619, at *5 (W.D.N.Y. Aug. 12, 2008) (“On a motion for summary judgment, however, the issue is not the sufficiency of the pleadings rather whether evidence has been introduced by the opponent to establish a material issue of fact for the claims alleged in the pleadings to defeat a summary judgment motion.”); Dicara v. Connecticut Educ. Dept., No. 3:08cv627(PCD), 2008 WL 5083622, at *4 (D.Conn. Nov. 26, 2008) (“ ‘Summary judgment is designed to pierce the pleadings’ and evaluate the sufficiency of the evidence to support the claims therein.”) (quoting Lightfoot v. Union Carbide Corp., 110 F.3d 898, 907 (2d Cir.1997)). Accordingly, the Court will not entertain any arguments as to the sufficiency of Plaintiffs allegations in her third amended complaint on summary judgment from either party. Hunt Leibert has primarily argued that it is entitled to summary judgment on the basis that (i) Plaintiffs claims are barred by the statute of limitations, (ii) that the FDCPA does not apply to its 2008 communication because the communication was initiated by the Plaintiff, and (Hi) that the FDCPA does not apply to its 2010 communication because such communication was not an attempt to collect a debt. Plaintiff argues that Hunt Leibert’s arguments on summary judgment are “prejudicial as some of the ‘grounds’ that they have stated are raised for the first time on Summary judgment and Plaintiffs were not on notice about some of these ‘grounds,’ as such any grounds raised for the first time on Summary Judgment is waived and/or forfeited.” [Dkt. # 253 at p. 1-2], Plaintiff appears to be under the misimpression that a defendant’s answer must contain its legal arguments and that failure to include such arguments constitutes a waiver. However under Rule 8(b)(1), in responding to a pleading, a party must “(a) state in short and plain terms its defenses to each claim asserted against it; and (B) admit or deny the allegations asserted against it by an opposing party.” Fed. R.Civ.P. 8(b)(1). Therefore, a defendant is only required to answer with a general denial and then may raise specific legal arguments on summary judgment. Accordingly, Hunt Leibert is not precluded from raising such arguments on its motion for summary judgment. i. Plaintiffs claim that Hunt Leibert violated the FDCPA in 2008 is barred by the statute of limitations Hunt Leibert argues that Plaintiffs claim that it violated Section 1692g(a) in its initial communication in 2008 is barred by the FDCPA’s one-year statute of limitations. See 15 U.S.C. § 1692k(d). Plaintiff asserts that Hunt Leibert violated the FDCPA after her initial phone call on January 18, 2008 which resulted in a facsimile being sent from Hunt Leibert to her containing pay off amounts on February 12, 2008. Plaintiff then filed suit almost two years later on February 19, 2010. Plaintiff argues that she is entitled to equitable tolling of the statute of limitations, preserving her right to prosecute her 2008 FDCPA claim. “The doctrine of equitable tolling applies only in ‘rare and exceptional circumstances’ to allow a complainant to file a claim outside the applicable limitations period.” Boyd v. J.E. Robert Co., No. 05-cv-2455(KAM)(RER), 2011 WL 477547, at *7 (E.D.N.Y. Feb. 2, 2011) (quoting Bertin v. United States, 478 F.3d 489, 494 n. 3 (2d Cir.2007)). “Generally, the doctrine applies only where, ‘because of some action on the defendant’s part, the complainant was unaware that the cause of action existed.’ ” Id. (quoting Long v. Frank, 22 F.3d 54, 58 (2d Cir.1994)). “In the context of a claim of fraudulent concealment, plaintiffs must show: (1) concealment of the alleged wrongdoing; and (2) plaintiffs failure to discover the facts giving rise to their claims despite their exercise of due diligence.” Id. (citations omitted). Concealment may be demonstrated “by showing either that the defendant took affirmative steps to prevent the plaintiffs’ discovery of his claim or injury or that the wrong itself was of such a nature as to be self-concealing.” State of N.Y. v. Hendrickson Bros., Inc., 840 F.2d 1065, 1083 (2d Cir.1988). “Even ‘absent fraudulent concealment,’ however, equitable tolling may apply in the presence of specific ‘special circumstances’ where ‘a reasonable plaintiff in the circumstances would have been [un]aware of the existence of a cause of action.’ ” Boyd, 2011 WL 477547 at *7 (quoting Veltri v. Building Serv. 32B-J Pension Fund, 393 F.3d 318, 323 (2d Cir.2004)). ‘Yet, while a plaintiff need not show fraudulent concealment in the presence of certain ‘special circumstances,’ such a plaintiff must still demonstrate due diligence in order to invoke the equitable tolling doctrine.” Id. Courts have held that “[e]quitable tolling applies to FDCPA claims in appropriate circumstances.” Coble v. Cohen & Slamowitz, LLP, 824 F.Supp.2d 568, 571 (S.D.N.Y.2011). The Plaintiff has not established the prerequisites to the invocation of equitable tolling of the statute of limitations necessary to preserve her right to assert the 2008 FDCPA claim. Plaintiff argues that she is entitled to equitable tolling because “defendants are in a very unique position as debt collectors who can start conducting a debt collection action without ever contacting a consumer outside of legal pleadings ... Here defendants enjoy the benefit of starting legal procedure without ever having to send one dunning letter or to make a single phone call regarding a debt. Therefore, they can [act] in stealth and conceal the action against them.” [Dkt. # 253, PI. Mem. at p. 4-5]. A foreclosure proceeding is not a secret, concealed or stealth undertaking. On the contrary, the Connecticut Rules of Practice in Civil Matters require service of the writ, summons and complaint, containing a statement of the relief sought and the basis therefore, on the defendant. Connecticut Rules of Court in Civil Matters §§ 8-1 and 10-1. Section 10.1 requires that each pleading, including a complaint “contain a plain and concise statement of the material facts on which the pleader relies.” In fact, the Plaintiff concedes that she had both notice of both the existence of and the basis of the foreclosure lawsuit filed by the Defendant. The Plaintiffs vociferous objection evinces her knowledge and understanding of the writ, summons and complaint. When Plaintiff was served the complaint, she was informed that the holder of her mortgage was seeking foreclosure on the subject property as a result of her default on the Note. Plaintiff offers no support for her contention that, Hunt Leibert was obligated to contact her before filing its complaint and summons in Superior Court under the FDCPA and the Court has found none. The fact that it did not do so was not an affirmative or even inadvertent act of concealment which hampered the Plaintiffs discovery of a FDCPA claim. Plaintiff also argues that EMC in its January 14, 2009 letter to Plaintiff engaged in an act of concealment when they sent her a letter telling her that they were turning over her account not to a debt collector but to an attorney/trustee to immediately initiate foreclosure proceedings. [Id. at 5]. Plaintiff argues that when EMC used the words “foreclosure proceedings” instead of “debt collection” that made it “impossible for a least sophisticated consumer to realize that the “foreclosure proceedings” is your debt collection action.” [Id.]. However since EMC is not a defendant in the instant action, its actions cannot be attributed to Hunt Leibert. Therefore EMC’s letter cannot be considered “some action on the defendant’s part” that would justify the application of the doctrine of equitable tolling. Boyd, 2011 WL 477547, at *7. Even if EMC’s conduct could be attributed to Hunt Leibert, neither EMC nor Hunt Leibert engaged in the concealment of the alleged wrongdoing as the foreclosure suit was not seeking to collect a debt but rather to foreclose on the mortgage. Consequently, there was no act of concealment when EMC stated that it had turned over Plaintiffs account to its attorney Hunt Leibert to initiate foreclosure proceedings. The plain and concise statement of the material facts supporting the mortgagee’s right to foreclosure of the property and the prayer for a judgment of foreclosure put the Plaintiff squarely on notice that the foreclosure was being prosecuted to enforce the mortgagee’s right to both legal and equitable title to the property in substitution for the Plaintiffs repayment of her delinquent debt. Plaintiff also argues that Hunt Leibert was “in the unique position ... by being able to sue in the name of the banks took advantage of that position and participated in active concealment. Every single act that the defendants did regarding the 2008 foreclosure action, they communicated that the action was done in the name of the bank. Such active concealment brings about extraordinary circumstance.” [Dkt. # 253, PI. Mem. at p. 9]. Hunt Leibert as the law firm representing the holder of Plaintiffs mortgage could not bring the foreclosure action directly in its name and therefore there was no act of concealment perpetrated. The fact that an attorney brings a foreclosure action on behalf of its client does not constitute a rare and extraordinary circumstance warranting equitable tolling. Moreover, the foreclosure pleadings were expressly signed by Hunt Leibert as attorney for the bank in whose name the action was filed therefore the Plaintiff could not have been confused as to the law firm’s role. All of Plaintiffs arguments appear to boil down to the fact that Plaintiff was unaware that Hunt Leibert, as a law firm filing a foreclosure action on behalf of its client, might be considered a debt collector under the FDCPA. However, it is well established that “[e]quitable tolling is not warranted merely because the plaintiff was unaware of his cause of action.” Henry v. Wyeth Pharmaceuticals, Inc., No. 05Civ.8106(CM), 2007 WL 2230096, at *28 (S.D.N.Y. July 30, 2007); Mark v. Park Ave. Synagogue, No. 10Civ.7578(RJH), 2011 WL 3611322, at *3 (S.D.N.Y. Aug. 11, 2011) (equitable tolling not applicable where only reason for delay was that Plaintiff never know of his rights until he met someone who told him of such rights since “ignorance of the law does not constitute a rate and extraordinary circumstance that would merit equitable tolling”) (internal quotation marks and citation omitted); Fairley v. Collins, No. 09Civ.6894(PGG), 2011 WL 1002422, at *6 (S.D.N.Y. Mar. 15, 2011) (Plaintiffs “alleged ignorance about his ability to file a lawsuit against Defendants is likewise not sufficient to invoke equitable tolling.”). The fact that the Plaintiff was unaware that she had a potential cause of action against Hunt Leibert is not the type of extraordinary circumstances that would warrant the application of equitable tolling. There is simply no evidence that Hunt Leibert took any affirmative steps to prevent the Plaintiffs’ discovery of her potential FDCPA claim against it when it filed the foreclosure action in Connecticut Superior Court on behalf of its client. Plaintiff also attempts to demonstrate that she exercised due diligence to learn of the cause of action in 2008 by consulting three different attorneys regarding the foreclosure proceeding. Plaintiff asserts that none of the attorneys “said anything about a possible cause of action against the defendants, therefore Plaintiff remained in ignorance of the cause of action through no fault of her own.” See [Dkt. #253, PL Mem. at p. 8]. Here, Plaintiff admits that she consulted these attorneys about the foreclosure proceeding itself which is distinct from whether Plaintiff sought advice about whether she had an entirely distinct and separate claim against the law firm prosecuting the foreclosure action. Since Plaintiff has not provided any evidence that she made inquiries about Hunt Leibert’s conduct in filing the foreclosure action as opposed to inquiries regarding how to defend against the foreclosure action itself, Plaintiff has not demonstrated that she exercised reasonable diligence to discover the potential cause of action against Hunt Leibert under the FDCPA. Consequently, Plaintiff has not demonstrated that she exercised due diligence to discover" her claims against Hunt Leibert. In sum, Plaintiff has failed to demonstrate that equitable tolling should apply to her 2008 FDCPA claim against Hunt Leibert and therefore such claim is barred by the statute of limitations. ii Plaintiff’s claims that Hunt Leibert violated the FDCPA in 2009 and 2010 are not barred by the statute of limitations Hunt Leibert argues that Plaintiffs 2009 and 2010 FDCPA claims are barred by the one-year statute of limitations since Plaintiff filed her third amended complaint on July 29, 2011. Hunt Leibert argues that Plaintiffs 2009 and 2010 claims are based on new facts and different transactions wholly unrelated to her prior allegations in the operative second amended complaint and therefore do not relate back to her prior allegations. Under Federal Rule Civil Procedure 15(c) an amendment relates back to the date of the original pleading when “the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out — or attempted to be set out — in the original pleading.” Fed. R.Civ.P. 15(c)(1)(B). “The purpose of ‘Rule 15 “is to provide maximum opportunity for each claim to be decided on the merits rather than on procedural technicalities.” ’ ” Slayton v. American Exp. Co., 460 F.3d 215, 228 (2d Cir.2006) (quoting Siegel v. Converters Transp., Inc., 714 F.2d 213, 216 (2d Cir.1983)). “Under Rule 15, the central inquiry is whether adequate notice of the matters raised in the amended pleading has been given to the opposing party within the statute of limitations by the general fact situation alleged in the original pleading. Where the amended complaint does not allege a new claim but renders prior allegations more definite and precise, relation back occurs” Id. (internal quotation marks and citation omitted). Although not a model of clarity, Plaintiffs original complaint filed on February 19, 2010 contains allegations, which liberally construed, allege that Hunt Leibert’s conduct in 2009 and 2010 violated the FDCPA. In the original complaint, Plaintiff alleges that “instead of validating debt, the Defendants, caused litigation action to be placed on the short calendar in the state court of Connecticut” and “without sending any validation of debt, the Defendants mailed a reclaim letter for a court hearing” and lastly, “marched into court on October 5.” See [Dkt. # 1, Compl. at ¶¶ 34-36]. “In addition, Plaintiffs original complaint alleges that she sent a letter to Hunt Leibert on February 5, 2010 complaining about their “unscrupulous behavior” and that a response was sent date February 12, 2010 not subjected to the FDCPA.” [Id. at ¶¶ 40-45]. Consequently, Hunt Leibert had adequate notice of the matters raised in the third amended complaint based on Plaintiffs original complaint. In deference to Plaintiffs pro se status, the Court finds that Plaintiffs claims relate back to her original complaint and therefore such claims fall within the FDCPA’s one-year statute of limitations. Such an outcome further advances Rule 15’s preference for claims to be decided on the merits and comports with the Court’s obligation to construe liberally the submissions of a pro se litigant. Accordingly, Plaintiffs claims that Hunt Leibert violated the FDCPA in 2009 and 2010 are not barred by the statute of limitations. Hi Sections 1692g and 1692e of the FDCPA are not applicable to Hunt Leibert since Hunt Leibert was enforcing a security interest and not collecting a debt Plaintiff has asserted that Hunt Leibert violated Section 1692g(a) in its initial communication in 2008, violated Section 1692g(b) by not forbearing on the foreclosure proceedings in 2009 and violated Section 1692e(ll) by attempting to collect a debt without disclosure of intent to do so. The entire basis of Plaintiffs FDCPA claims is premised on the assumption that Hunt Leibert was collecting a debt when it filed the foreclosure action in Superior Court and thereby Hunt Leibert was subject to Sections 1692g and 1692e of the FDCPA. Under Connecticut mortgage foreclosure law, a foreclosure action is not a legal action to enforce a debt but rather an equitable action to enforce a security interest rather than a debt collection. As will be explained further below, an enforcer of a security interest falls outside of the scope of the FDCPA except for the provisions of Section 1692f(6) and therefore an enforcer of a security interest would not be subject to the provisions in Sections 1692g and 1692e of the FDCPA. a. Hunt Leibert was enforcing a security interest by foreclosing the Plaintiff’s right to redeem the mortgaged property and not collecting a debt “Connecticut follows the title theory of mortgages which provides that on the execution of a mortgage on real property, the mortgagee holds legal title and the mortgagor holds equitable title to the property____ In a title theory state such as Connecticut, a mortgage is a vested fee simple interest subject to complete defeasance by the timely payment of the mortgage debt.” Mortgage Electronic Registration Sys., Inc. v. White, 278 Conn. 219, 231, 896 A.2d 797 (2006). The Connecticut Supreme Court has explained that the title theory of mortgages is a series of legal fictions [that serves] as a convenient means of defining the various estates to which conveyances may give rise.... Despite our title theory of mortgages, [i]n substance and effect ... and except for a very limited purpose, the mortgage is regarded as mere security ... and the mortgagor is for most purposes regarded as the sole owner of the land.... The mortgagee has title and ownership enough to make his security available, but for substantially all other purposes he is not regarded as owner, but the mortgagor is so regarded, always subject of course to the mortgage. Town of Groton v. Mardie Lane Homes, LLC, 286 Conn. 280, 290, 943 A.2d 449 (2008) (internal quotation marks and citations omitted). “The equity of redemption gives the mortgagor the right to redeem the legal title previously conveyed by performing whatever conditions are specified in the mortgage ... Generally, foreclosure means to cut off the equity of redemption.” Ocwen Federal Bank, FSB v. Charles, 95 Conn.App. 315, 322-23, 898 A.2d 197 (2006) (internal quotation marks and citations omitted). Under Connecticut law, an action to collect a debt would be an action at law rather than in equity. It is well established that “ordinarily [a] money judgment is obtained by an action at law.... [A]n action is to be deemed legal in nature, rather than equitable, where the only relief sought is the collection of money damages.” Gagne v. Vaccaro, 80 Conn.App. 436, 442, 835 A.2d 491 (2003), cert. denied, 268 Conn. 920, 846 A.2d 881 (2004). On the other hand it has long been recognized that a “foreclosure action, however, is an equitable proceeding.” City of New Haven v. God’s Corner Church, Inc., 108 Conn.App. 134, 139, 948 A.2d 1035 (2008). “Generally, foreclosure means to cut off the equity of redemption, the equitable owner’s right to redeem the property.....” White, 278 Conn. at 229-30, 896 A.2d 797 (internal quotation marks and citation omitted). A judgment of strict foreclosure, when it becomes absolute and all rights of redemption are cut off, constitutes an appropriation of the mortgaged property to satisfy the mortgage debt. National City Mortg. Co. v. Stoecker, 92 Conn.App. 787, 793, 888 A.2d 95 (2006). The Connecticut Supreme Court has noted that that “[a]t common law, a mortgagee was required to elect between a foreclosure action or an action on the underlying debt----Thus, even if the value of the property that the mortgagee gained was less than the debt owed to her, the entry of judgment precluded any further common-law proceedings on the note.... Consequently, in 1833, the legislature created the remedy of the deficiency judgment in order to make the plaintiff whole when the value of the security did not cover the amount of the debt owed to the plaintiff.” Linden Condominium, Assn., Inc. v. McKenna, 247 Conn. 575, 587, 726 A.2d 502 (1999) (internal quotation marks and citations omitted). Connecticut courts have concluded however that the fact “that a separate proceeding may result in a personal judgment against the debtor for the amount of the debt unsatisfied by the foreclosed property does not convert that portion of the equitable foreclosure proceedings into an action at law. With these legal principles in mind, we conclude that a judgment of foreclosure does not call in whole or in part for the payment of a sum of money but, rather, it calls for the vesting and divesting of title to real property.” City of New Haven, 108 Conn.App. at 140, 948 A.2d 1035. (citations omitted). Therefore under Connecticut law a mortgage is considered a “mere security” in which a mortgagee holds “title and ownership enough to make his security available.” Town of Groton, 286 Conn. at 290, 943 A.2d 449. Further, a foreclosure proceeding seeks to cut off the equity of redemption and a judgment of foreclosure results in the vesting and divesting of title to property in discharge of a duty to, as opposed to, the payment of a sum of money. City of New Haven, 108 Conn.App. at 140, 948 A.2d 1035. (citations omitted). Consequently, when Hunt Leibert filed the foreclosure action in Superior Court, Hunt Leibert was not seeking a money judgment on behalf of its client but was instead seeking to enforce the security interest of its client. The Court notes that Hunt Leibert’s foreclosure complaint also contained a claim for a deficiency judgment. Under the Connecticut foreclosure statutory regime, “[t]he foreclosure of a mortgage is a bar to any further action upon the mortgage debt, note or obligation against the person or persons who are liable for the payment thereof who are made parties to the foreclosure.... ” Conn. Gen.Stat. § 49-1. However, Conn. Gen.Stat. § 49-14 furnishes an exception to § 49-1 by providing that, “[a]t any time within thirty days after the time limited for redemption has expired, any party to a mortgage foreclosure may file a motion seeking a deficiency judgment.” Conn. Gen.Stat. § 49-14. Therefore under § 49-14, the mortgagee has to seek a deficiency judgment upon written motion made within thirty days after the time limited for redemption has 'expired. Since a deficiency judgment seeks money damages it is tantamount to an action seeking to collect a debt. See Eichman v. J. & J. Bldg. Co., Inc., 216 Conn. 443, 453, 582 A.2d 182 (1990) (“Indeed, deficiency judgment hearings more closely resemble suits for collection than condemnation hearings.”). The failure to timely move for a deficiency judgment is a bar to any subsequent action to collect the debt previously secured by the mortgage. Although deficiency proceedings are a part of the main foreclosure suit they are separately brought by written motion and if not timely made will be lost. See e.g., Maresca v. DeMatteo, 6 Conn.App. 691, 696, 506 A.2d 1096 (1986) (“[T]he deficiency judgment procedure, although procedurally a part of the foreclosure action, serves the separate function of providing for recovery on the balance of the note which was not satisfied by the strict foreclosure”), overruled on other grounds by Ferrigno v. Cromwell Dev. Assocs., 44 Conn.App. 439, 689 A.2d 1150 (1997); F.D.I.C. v. Hillcrest Assocs., 233 Conn. 153, 172-73, 659 A.2d 138 (1995) (concluding that although the thirty-day time limitation under § 49-14 was not subject matter jurisdictional that “does not mean, however, that it can be ignored with impunity ... if the mortgagee files an untimely motion for a deficiency judgment, it would be improper for the court to render such a judgment unless the mortgagor had, either expressly or by its conduct, consented thereto.... Thus, the time limitation in § 49-14(a) is more properly considered to be mandatory, which means that it must be complied with absent waiver or consent by the parties, rather than subject matter jurisdictional, which would preclude any extension of time even by express waiver or consent.”); F.D.I.C. v. Retirement Management Group, Inc., 31 Conn.App. 80, 84, 623 A.2d 517 (1993) (“strict compliance with the procedural requirements of § 49-14 is required in order to permit the trial court to render a deficiency judgment in a mortgage foreclosure action.”); Simsbury Bank & Trust Co. v. Ray Carlson Lumber Co., 154 Conn. 216, 220, 224 A.2d 544 (1966) (holding that the “requirements of s49-14 providing for deficiency judgments are explicit and unambiguous. Since there was no compliance with its requirements as to appraisal and report, the plaintiff was not entitled to, and the court properly denied its motion for, a deficiency judgment.”). Moreover, in the event that the value of the subject property was more than the debt owed, there would be no deficiency and thus the mortgagee would not be entitled to a deficiency judgment regardless of whether the mortgagee made a claim in the foreclosure complaint for a deficiency judgment. Although the deficiency proceeding is considered a part of a foreclosure suit, it is not initiated until after the mortgagee files a motion in accordance with the requirements of § 49-14 including the implicit requirement “that the plaintiff provide the court with sufficient evidence to demonstrate that she is entitled to a deficiency judgment.” Brownstein v. Spilke, 117 Conn.App. 761, 766, 982 A.2d 198 (2009). By including a claim for deficiency judgment in the foreclosure complaint, a mortgagee merely preserves its ability to initiate deficiency proceedings in the foreclosure action at a later time should the mortgagee choose to do so. The inherent implication of the statutory regime under § 49-14 and § 49-1 is that until a timely filed motion for deficiency judgment pursuant to § 49-14 is made a foreclosure action is solely an action in equity to enforce a security interest. Once a timely motion for deficiency judgment has been made pursuant to § 49-14 that will have the effect of converting the proceeding into an action at law for money damages ancillary to the initial action in equity for foreclosure to effectuate the full and complete resolution of the issues between the mortgagor and the mortgagee in the most efficient manner. Here, although the foreclosure complaint contained a claim for a deficiency judgment, to date no timely motion seeking a deficiency judgment has been made as required under § 49-14 in the foreclosure action. See Bank of America v. Derisme, Docket No. NNH-CV-09-6004583-S. Since Hunt Leibert has not initiated deficiency proceedings under Connecticut’s statutory regime the foreclosure action is solely an action in equity seeking the remedy of foreclosure and was never converted into an action at law seeking money damages. Therefore Hunt Leibert has sought only to enforce its client’s security interest in the foreclosure action and has not yet sought a money judgment. At most, Hunt Leibert has preserved its client’s ability to seek a deficiency judgment at a later time by including the claim in the complaint. However, since Hunt Leibert has not initiated deficiency proceedings pursuant to § 49-14 on its client’s behalf, it has not attempted to collect a debt in connection with the foreclosure action but instead has only sought to enforce its client’s security interest. b. An enforcer of a security interest falls outside the scope of the FDCPA except for the provisions of Section 1692f(6) There is a split of authority as to whether enforcers of security interest are “debt collectors” for purposes of Section 1692f(6) only or whether enforcers of security interest should be considered “debt collectors” under the general definition of Section 1692a(6) and thereby subject to the entire FDCPA. See Chomilo v. Shapiro, Nordmeyer & Zielke, LLP, Civ.No. 06-3103(RHK/AJB), 2007 WL 2695795, at *3 (D.Minn. Sept. 12, 2007) (acknowledging split of authority and citing cases). The Second Circuit has not yet addressed this question and so this is a matter of first impression before this Court. Under Section 1692a, “debt collector” is defined as “any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.” § 1692a(6). In addition, Section 1692a(6) “places limits’ on the term ‘debt collector’ by providing that ‘[t]he term does not include’ six specific classes of debt collectors. Law firms who initiate foreclosures of mortgages on real property are not included among the six excluded classes.” Chomilo, 2007 WL 2695795, at *3 (quoting § 1692a(6)) (emphasis in the original). Lastly, Section 1692a(6) states that “for the purpose of section 1692f(6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests.” § 1692a(6) (emphasis added). Since Section 1692a(6)' expressly includes enforcers of security interests only in reference to Section 1692f(6), courts have held that an enforcer of security interest is therefore not a debt collector for purposes of the other sections of the FDCPA. The Eleventh Circuit recently addressed this issue and