BofA Screw-Up In Handling Automatic Withdrawls To Be Applied Toward Mortgage Payments Leads To Loss Of Home, Says Foreclosed Owner In Lawsuit

In Jefferson County, Texas, The Southeast Texas Record reports:

• A Groves woman has filed suit against a bank that she says failed to automatically withdraw mortgage payments from her account, causing her to face foreclosure and eviction. Charlenee Renee Hardee claims she first learned of the foreclosure on her house when she received an eviction notice posted on her door.

• According to the complaint filed June 17 in Jefferson County District Court, Hardee had set up automatic withdrawals with defendant Bank of America in December that were supposed to go toward paying off her mortgage. However, she alleges Bank of America had not been withdrawing payments as scheduled, which Hardee claims she was unaware of until she received the eviction notice, the suit states.(1)

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• On April 10, Bank of America executed an appointment of a substitute trustee, who then held a trustee's sale on May 4 and conveyed the property to defendant Estatepro, Hardee claims. However, before the sale, Estatepro failed to supply Hardee with the required 30-day notice of default or with the notice of foreclosure sale, although it asserts that the required notices were sent, according to the complaint.

For the story, see Groves woman claims bank mistake led to foreclosure.

(1) In her complaint, Hardee is asking the court to declare the foreclosure, sale of her property and deed invalid, and is also asking the court to enter an order declaring her to be the rightful owner of the property, the story states.