Wednesday, November 10, 2010

Citi Sold Home Out From Under Texas Couple Seeking "Hope Now" Loan Modification Help: Lawsuit

In Jefferson County, Texas, The Southeast Texas Record reports:
  • Two Beaumont residents have filed suit against their mortgage company, alleging it suddenly and without warning foreclosed on their property. Herbert Hoover Lee and Michelle Lee claim they only became aware of the foreclosure on their home after defendant CitiMortgage sold it on Oct. 5.

  • Before the foreclosure, the Lees had not received a notice of acceleration or a notice of foreclosure sale, in violation of the Texas Property Code, according to the complaint filed Oct. 20 in Jefferson County District Court.

***

  • Although they did not receive notices before the foreclosure on their home, the Lees realized that they were behind on their payments, the complaint says. They had believed, however, that they were in the process of sorting things out through CitiMortgage's online program called "Hope Now," a program designed to help homeowners in the Lees' position.

  • In their lawsuit, the Lees allege breach of contract and violation of deceptive trade practices against CitiMortgage. [...] In their complaint, the Lees seek an order preventing the defendants from divesting them of their title and other relief the court deems just. John Pat Parsons and Barrett Lindsay of the Lindsay Law Firm in Beaumont will be representing them.

Source: Beaumont residents claim their home was foreclosed without warning.

See Bank sued for wrongful foreclosure (A Port Arthur woman has filed suit against the bank that she claims wrongly foreclosed on her property) for another Jefferson County, Texas lawsuit alleging similar facts against foreclosing lender HSBC Bank.