Putnam man sues mortgage company over late fees

WINFIELD – A Putnam County man is suing Nationstar Mortgage after he claims it unlawfully charged him law payment fees that exceeded the maximum amount set forth in his loan agreement.

In December 2003, David J. Triplett obtained a mortgage loan from GMAC Mortgage Corporation and in December 2008, the defendant began servicing the loan, according to a complaint filed Feb. 15 in Putnam Circuit Court.

Triplett claims he was required to make monthly payments of $539.60 and at some point he fell behind on his payments and was charged $26.98 or more in late fees each month.

The late fees exceeded the $5 maximum set forth in Triplett's loan agreement, according to the suit.

Triplett claims Nationstar also has a regular practice of unlawfully assessing multiple late fees for a single late payment. He claims before February 2010, he had fallen behind on his loan payments, but that month he timely made a full loan payment to the defendant.

Rather than apply the payment to the loan installment due in February, the defendant applied the payment to the installment due in January and then charged Triplett a late fee for both months, even though he was not late in making the February payment, according to the suit.

Triplett claims Nationstar has been advised repeatedly that he is being represented by counsel, but has continued to contact him directly and demand payment. He claims the defendant has also told him to fire his attorney.

Triplett is seeking an injunction prohibiting the defendant from engaging in unlawful conduct; an injunction prohibiting the defendant from initiating foreclosure proceedings; and compensatory and punitive damages with pre- and post-judgment interest. He is being represented by John W. Barrett and Jonathan R. Marshall.

The case has been assigned to Circuit Judge O.C. Spaulding.

Putnam Circuit Court case number: 11-C-46