There are several ways to stop a sheriff’s sale in Ohio. This post discusses several ways to stop a sheriff’s sale with plenty of good information to help you understand your options.
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.
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.
Doucet Sues Caliber for Harassing Homeowners for Amounts Not Due
Doucet & Associate has filed a lawsuit against Caliber Home Loans, Inc. and the Bank of New York Mellon Trust on counts for RESPA, breach of contract, negligence, intentional infliction of emotional distress, defamation and invasion of privacy.
The homeowners that Doucet represents took out a mortgage with Caliber Home Loans in 2005. In 2009, they were forced to file Chapter 13 bankruptcy and entered into a payment plan to repay Caliber and the Bank every penny owed.
The homeowners paid back what they owed and the bankruptcy Trustee filed a motion with Caliber Home Loans that the homeowner’s loan be deemed current. Caliber Home Loans did not object. During this time, Doucet’s client alleges that a bank representative assured the homeowners the loan would be made current once the bankruptcy was discharged a month later. The bank issued a statement in bankruptcy court claiming the homeowners were not behind on their loan.
The Bankruptcy Court deemed the homeowners’ mortgage current. Yet, the lawsuit alleges Caliber Home Loans refused to acknowledge the court’s decision. Instead, the lawsuit alleges that the bank continually refused to update its records and harassed the homeowners with letters and phone calls multiple times a day.
The lawsuit alleges that the inaccurate reporting to the credit agencies have made it impossible for the homeowners to refinance their home or seek new employment. Most upsetting, however, is the severe emotional damage the bank’s harassments have caused the homeowners, which resulted in a tragic miscarriage of the homeowner’s baby.
The homeowners are seeking actual, punitive, and statutory damages, declaratory and/or injunctive relief, attorney fees and costs and any other relief the court deems appropriate.
Doucet & Associates is dedicated to fighting for the rights of consumers, protecting their interests and offering legal assistance to those who would otherwise be unable to afford it. If you need help with a company that is trying to take advantage of you or a loved one, call the firm today at (614) 944-5219.
What is the difference between bankruptcy and a loan modification?
Bankruptcy is a section of federal law that enables people who owe money from having to pay it back. Bankruptcy is actually mentioned in the Constitution, and is recognized as a way for people to obtain fresh starts, usually after some catastrophic life event caused them to acquire significant amounts of debt. Studies have consistently shown the leading cause of bankruptcy is due to significant medical bills, job loss, business failure, or family turmoil.
Bankruptcy is the process of having your debts organized and either discharged (legally forgiven), or having them repaid in an organized way over time, or a mixture of both.
In the foreclosure context, Chapter 13 bankruptcy is the tool that enables homeowners to force their mortgage company to accept repayment and causes their loan to become current over time. You basically begin making your normal mortgage payment immediately, plus an extra amount to pay back the accumulated arrears. You will make these payments pursuant to a formal plan overseen by the bankruptcy court, over a period of several years. Once you complete all your payments, the plan is done and your loan is current. You then continue with just your normal mortgage payments.
On the flip side, a loan modification is where you and your mortgage company agree privately to terms that enable you to begin repaying the loan. The process is not part of any formal bankruptcy filing, nor is it overseen by a judge. Instead, a loan modification usually comes from your mortgage company realizing you are facing financial hardship and thus deciding to offer you (or is forced to offer you by the government) a lower interest rate or longer repayment period, which lowers your payment. Alternatively, a loan modification could mean you pay a higher payment for a period of time to repay any arrearages. It could be any combination of a series of terms and is only limited to everyone’s imagination and the existing consumer laws.
In any event, a loan modification is the result of an agreement reached directly between you and your mortgage company, rather than a bankruptcy filing, which is overseen by the bankruptcy court system.
Foreclosure Defense After Bankruptcy
When someone files bankruptcy, all the causes of action and counterclaims that they have as of the date of filing are included in the bankruptcy estate (usually as unliquidated damages), irrespective of whether those claims are specifically mentioned in the schedules.
That means that a homeowner generally cannot bring those causes of action later against the lender, if they end up facing foreclosure. For example, a borrower who obtains a loan in 2002 and receives a bankruptcy discharge in 2008 can’t then bring a claim against the bank in 2011 for what happened during 2002. Because states like Ohio allow you to bring old claims against a bank suing you on the note in recoupment, you could be giving up your ability to fight off the bank later. Thus, if you are thinking about bankruptcy, it is important that your bankruptcy and foreclosure lawyer understand your situation to ensure potential claims are not missed.