Sunday, August 09, 2009

Mortgage Servicer Forecloses On Home Despite On-Time Payments On Loan Mod Agreement, Says Texas Woman In Suit

In Galveston, Texas, The Southeast Texas Record reports:
  • A Kemah woman alleges a mortgage processing and servicing company foreclosed her residence even though she was on time with her payments, recent court documents say. Christina Melinder accuses Ocwen Loan Servicing of breaching a loan modification agreement she entered with the Florida-based business back in February. Melinder explains in her lawsuit that Ocwen neglected to properly apply and account for her loan payments [...] and assessed improper charges and default-related fees which were not authorized by the loan's terms prior to formalizing the deal in question.


  • [The suit] insists that Melinder strictly complied with the terms of acceptance set forth in the Ocwen's offer, but the defendant - through the Brown & Shapiro law firm in Pasadena - improperly and illegally initiated legal proceedings for foreclosure because of alleged non-payment. [...] Ocwen is ultimately faulted for violating state law while Brown & Shapiro was named a co-defendant.

For the story, see Kemah woman says mortgage company foreclosed despite payments. QuestionableServicingTacticsSigma