TX Couple Sue To Recover Home Sold Out From Under Them In F'closure; Say Lender's Broken Loan Mod Promises Violate State Deceptive Trade Practices Act

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

• In hopes [to] keep the bank from taking their home, Groves residents Keith and Julia Keen have filed suit against Sun Trust Mortgage. [...] In April, the Keens could no longer afford to pay their mortgage and contacted U.S. Mortgage Solutions to apply for relief under the Obama Home Affordability Program.

• In their suit, the Keens claim Sun Trust told them they would review a new loan agreement structured by U.S. Mortgage Solutions, but on Sept. 28 Sun Trust opted to foreclose on the property "in spite of repeated representations that the paperwork was being reviewed."

• On Nov. 4 Sun Trust filed a forcible entry and detainer action to evict the plaintiffs from their home, court papers say. The Keens maintain that they would have brought their loan current if Sun Trust would have told them from the onset that it had no intention of modifying the loan agreement.

• The Keens are accusing Sun Trust of deceptive trade practices(1) and are willing to pay $10,000 to bring the loan current if the court halts the foreclosure, court papers say. They are represented by Beaumont attorney Thomas Roebuck Jr. of Roebuck Thomas Roebuck & Adams.

Source: Groves couple claims it was deceived by loan modification agreement, sues mortgage company.

(1) For those of you wondering how a couple who have already had their home sold out from under them in a foreclosure sale can afford to pay an attorney for legal services in a case like this, note that in Texas, a successful lawsuit alleging acts or omissions that constitute violations of the Texas Deceptive Trade Practices Act will allow a judge to tack on the homeowner's attorneys fees to any damages and/or other relief awarded to the homeowner, to be paid by the losing defendant.