The Sixth Circuit ruled last week in Majestic Building Maintenance v. Huntington Bancshares Inc. (July 20,2018 App. No. 16-4342) that a bank cannot disclaim its duty of ordinary care and good faith in processing checks under UCC Article 4...
Doucet Files Class Action Lawsuit Against Chase Mortgage for Alleged Violations After Chapter 13 Bankruptcy
Doucet & Associates filed a class action lawsuit against Chase Home Finance, LLC and JP Morgan Chase Bank, N.A. (Chase Mortgage) alleging a systematic practice of violating borrower court ordered and approved Chapter 13 Bankruptcy plans. Our after-bankruptcy lawyers allege that the practice does not allow mortgage debtors to have the fresh start they deserve following the successful completion of the Chapter 13 Bankruptcy process. The option remaining for our after-bankruptcy lawyers is to sue, and our bankruptcy lawyers have filed this lawsuit specifically alleging that Chase Mortgage:
- Improperly applies and accounts for after-bankruptcy mortgage payments made as part of confirmed Chapter 13 Bankruptcy Plans.
- Continues attempting to collect (and collecting) additional fees following successful completion of their Chapter 13 Bankruptcy Plans.
- Blatantly ignoring court orders discharging our client under Section 1328(a) of the United States Bankruptcy Code.
- Ignoring our clients multiple requests to update their account.
- Disregarding notices from our client’s previous bankruptcy lawyer explaining that Plaintiff’s Chapter 13 Bankruptcy had been completed and discharged.
The suit alleges that after bankruptcy Chase Mortgage continued to treat our client as if the Chapter 13 Bankruptcy had never been completed. The recourse here is for the lawyers with Doucet & Associates Co., L.P.A. to file a class action lawsuit and sue Chase Mortgage after its bankruptcy errors.
The complaint alleges that our client and those similarly situated, having followed the proper rules and made payments under their court approved Chapter 13 Bankruptcy plan, are now left to pay hundreds to thousands of extra dollars in unknown and un-accounted fees after bankruptcy. Chase Mortgage is also alleged to have mishandled the bankruptcy credit reporting process leaving our client’s account as “in bankruptcy” and not properly accounting for the current status of the loan.
Our client followed the proper Chapter 13 Bankruptcy procedures, including making regular monthly payments to Chase Mortgage, until the plan was approved. She also submitted the proper monthly payments to the Trustee for submission to various creditors including Chase Mortgage during bankruptcy, and after bankruptcy, she made proper monthly payments again to Chase Mortgage.
Doucet & Associates believes that this is indicative of a broad pattern of incorrectly handling debtors’ mortgage loans for previously discharged debts, and has filed this class action lawsuit against Chase Home Finance, LLC and JP Morgan Chase Bank, N.A. on behalf of our client and those similarly situated. We estimate this case could be representative of at least thousands of individuals and encourage anyone who has gone through a similar experience with Chase Home Finance, LLC and JP Morgan Chase Bank, N.A. or any other mortgage loan servicer to call us immediately at (614) 944-5219 if they have been discharged from Chapter 13 bankruptcy.
Doucet Files Class Action Lawsuit Against Nationstar Mortgage
Doucet & Associates filed a class action lawsuit against Nationstar Mortgage alleging a systematic practice of collecting and attempting to collect fees that were discharged following bankruptcy. Our client was forced to take money out of his wife’s 401k to prevent Nationstar from inexplicably foreclosing on his home. He alleges Nationstar made no effort to adequately explain or rectify the charges on his account, and damaged his credit by considering his account delinquent even after receiving a court discharge.
Terry Forson filed for Chapter 13 bankruptcy in 2008 and spent the next five years adhering to the repayment plan approved by the court. At the end of this period, the court issued an order deeming his mortgage current and requiring Nationstar to adjust his loan balances to reflect the amounts paid and discharged. In preparation for resuming responsibility for his mortgage, Mr. Forson sent a letter to Nationstar requesting information regarding his post-bankruptcy loan.
Forson claims Nationstar ignored his request for several months and never told him what his monthly payments would be. He contacted the trustee who managed his finances during bankruptcy and made several monthly payments for the amount he advised. According to the lawsuit, Nationstar accepted all of these payments.
After three months and two more written requests, Forson finally received some of the information he requested. However, the information he received made no mention of his total loan balance or any recent account activity. When Forson called to inquire about this, Nationstar responded by telling him to fax written his request. He obliged, but claims Nationstar never responded.
Forson eventually found a way to access his mortgage through Nationstar’s website. He was shocked to find the site allegedly stated he owed roughly $7,000 in delinquent payments and “Lender Paid Expenses.” Forson maintains Nationstar never adequately explained these charges to him, but spent the next eight months insisting his account was delinquent. Nationstar also allegedly refused to deem his mortgage current because it claimed he was delinquent on two payments. However, he made regular monthly payments every month both during and after bankruptcy, all of which were accepted.
Forson continued to make regular monthly payments until August 2014, when Nationstar rejected Forson’s payment. Forson called Nationstar about this, and it stated the amount was insufficient to cover the $8,100 he owed. Forson removed that money from his wife’s 401k in order to prevent what he felt was an imminent foreclosure. Despite their alleged claims that the $8,100 was required to bring his account current, Forson claims that Nationstar never updated his mortgage status. Forson made regular payments to Nationstar until the following March, when the company barred him access to the website.
Doucet & Associates believes that this is indicative of a broad pattern of incorrectly charging debtors for previously discharged debts, and has filed this class action lawsuit against Nationstar on behalf of Mr. Forson and those similarly situated. We estimate this case could be representative of at least thousands of individuals and encourage anyone who has gone through a similar experience with Nationstar or any other mortgage loan servicer to call us immediately at (614) 944-5219 if they live in Ohio or have been discharged from Chapter 13 bankruptcy.
Let Me Call You Back… Why Auto Dialers Are Bad for Business
Have you ever received a phone call from a number you did not recognize, only to find it was a robocall about a service you did not want or need? Did that phone call end with the nagging question of how were they able to get your phone number? Our client, Rick W., went through an experience like that. When he answered his cell phone, he was autodialed about a problem that no homeowner ever wants to get a call about: his mortgage.
In setting up his mortgage, our client was careful to only to write his home phone number in the section marked “borrower information” and gave his cell phone number to the bank solely as a work number. Rick did not volunteer this number to be called by his mortgage company. As such, his rights were violated under the TCPA (Telephone Consumer Protection Act) when his mortgage company, Carrington Mortgage Services autodialed his cellphone. Doucet & Associates filed a class action on his behalf, which recently settled for over $1 million.
The TCPA was passed in 1991 to protect consumers from tactics that were becoming increasingly pervasive among telemarketers, such as using auto dialers to advertise to cell phone users. In many cases, calling a cell phone would result in a charge to the owner of that device, meaning that unsolicited calls were not only an annoyance, but an actual expense to anyone receiving them. Automated messages, or robocalls, are also prohibited by the TCPA, because Congress found that they are a greater nuisance and invasion of privacy than their human counterparts.
Our client never intended to have his cell phone number used for unsolicited calls. He maintained that Carrington repeatedly used an auto-dialer to communicate with him about his mortgage, in some cases calling his cell several times a week to leave threatening automated messages. His lawsuit alleged that Carrington even called him twenty-six times in the span of 3 months, which equates to roughly one call every three or four days.
Vanessa R. believed herself to be in a similar situation with Carrington, but when she took over her current mortgage from her ex-husband in 2008, she did not even have a cell phone. She eventually got one in 2010, and alleged that Carrington began sending her threatening messages regarding her mortgage roughly a year after that point. She did not know how Carrington obtained her number, but she claimed that when she asked Carrington about the matter, they responded by saying “we have ways of locating that information.” She co-sued in the class action lawsuit.
Much like Rick, Vanessa claimed to have received multiple automated calls a week from Carrington on a cell phone that was never volunteered. The parallels in these cases led attorneys to believe that this was likely a pattern of behavior from Carrington, resulting in the class action lawsuit. If any of this sounds similar to an experience you have gone through, regardless of whether or not Carrington was involved, call us at (614)-944-5219.
Doucet & Associates Files Class Action Lawsuit Against Nationstar Mortgage
FOR IMMEDIATE RELEASE July 13, 2015
Contact: Troy Doucet, (614) 944-5219
(Columbus) – The law firm Doucet & Associates recently filed a class action lawsuit against Nationstar Mortgage, LLC. Their client, Terry Forson alleges that the mortgage company has been engaging in a deliberate and systematic practice of coercing debtors into paying additional fees on their mortgages after bankruptcy. The lawsuit also claims that Nationstar has unfairly damaged the consumer’s credit score by failing to comply with court orders that deem the mortgages “current.”
Mr. Forson filed for chapter 13 bankruptcy in 2008 and repaid his debts over a five year period. After completing the payment plan, the court ordered that his mortgage be updated to “current,” and all arrearages that existed prior to the filing be discharged. Mr. Forson also alleges that he made repeated requests to Nationstar to provide update statements, but that the company failed to do so for months after his bankruptcy ended.
He also maintains that despite a consistent pattern of timely payments that were accepted by Nationstar, he was still being charged for unauthorized fees. Additionally, Nationstar refused to update his mortgage status, which could be a clear violation of the court order. Ultimately, despite timely payments, Nationstar threatened Mr. Forson with foreclosure and required him to pay $8,109.41 in order to prevent his house from being foreclosed on.
Mr. Forson took money out of his wife’s 401k to pay the demand. This was in spite of the fact that he had made regular monthly payments that he alleges were both satisfactory to the terms of the mortgage and accepted by Nationstar. At this point, over a year after exiting bankruptcy, Nationstar still had made no meaningful attempt to clarify the nature of the charges.
Doucet & Associates believes that Nationstar’s practices affects thousands of individuals similarly situated. They have filed a class action lawsuit to recover the erroneously charged fees to Mr. Forson and others. If you would like to join the lawsuit, and you live in Ohio or have been discharged from Chapter 13 bankruptcy, please contact Doucet & Associates today at (614) 944-5219.