HAMLIN - A Ranger man says his need of a loan modification resulted in abusive home mortgage servicing by Chase Home Finance.
Charleston lawyers Jacklyn A. Gonzales and Daniel F. Hedges brought Paul R. McComas' case to Lincoln Circuit Court for jury trial.
The disabled widower lives on fixed income while raising his 16-year-old grandson. McComas entered into a loan of $85,664 in May 2004 with Chase Manhattan Mortgage Corp., who transferred servicing to Defendant. McComas relates he was severely injured in a car wreck in 2005 and his wife died the following year.
Complaint says he called Chase Home Finance in late 2009 to explain he was struggling to make payments and requested a loan modification.
He was informed he qualified for reduced payment, according to complaint, and was instructed to make higher monthly payments the next six months while Chase worked out a permanent loan modification.
McComas cites such confusion as Chase returning his payment check and instructing him to apply for a loan modification.
From March 2010 through last June, McComas says he was continuously contacted about status of his loan modification and assured "everything was fine ..." The complaint mentions a letter of last April "saying that his loan modification was denied because his deceased wife had not signed the paperwork."
McComas contends contradictory correspondence continued through last June. He says Chase set last May 10 as a date for sale at closing of his home, then advised sale would be postponed. Another notice set June 27 for foreclosure sale. Complaint asserts "Defendant intends to sell the property at foreclosure sale on September 15, 2011."
"Defendant has not provided Plaintiff any notice," suit maintains, "of the right to reinstate or the amount necessary to cure his default at any point since April 5, 2011."
His attorneys seek jury judgments declaring unauthorized charges by Chase be enjoined as illegal practices, civil penalties of $4,400 for each violation of State Code, plus provide attorney fees and such other relief deemed reasonable and just.
The case, filed Aug. 11, is set for trial next August before Circuit Judge Jay M. Hoke.
Lincoln Circuit Court case number: 11-C-65