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Tuesday, April 23, 2024

Woman sues Ocwen Loan Servicing for breach of settlement agreement

Law money 08

PRINCETON – A woman is suing is suing Ocwen Loan Services for breaching its settlement agreement with her.

Dorothy Thompson brought a civil action against Ocwen in 2014 and the civil action was tentatively settled by an agreement during mediation on May 10, 2015, according to a complaint filed May 24 in Mercer Circuit Court.

Thompson claims on Sept. 16, the defendant stated that the agreement had been confirmed and that the defendant would prepare the settlement documents internally and the parties reached a full and final agreement on Nov. 19.

The settlement agreement contained a confidential payment, as well as the defendant’s agreement to release the deed of trust on Thompson’s property and the defendant tendered payment of the settlement proceeds in January, according to the suit.

Thompson claims to date, the defendant has failed and refused to release the deed of trust, as agreed in the settlement.

After the settlement agreement was reached, the defendant continued to send notice to Thompson that claimed it maintained a lien on her property, according to the suit. Due to the defendant’s failure to release the deed of trust, Thompson has been unable to obtain financing for two separate home that she coveted.

Thompson claims the defendant’s failure has caused her undue aggravation, humiliation and distress.

Ocwen has breached its settlement agreement by continuing to claim she is indebted to the defendant, according to the suit.

Thompson is seeking actual, statutory, compensatory and punitive damages. She is being represented by Ralph C. Young, Christopher B. Frost, Steven R. Broadwater Jr. and Jed R. Nolan of Hamilton, Burgess, Young & Pollard PLLC.

Last month, lawyers from that firm helped a Wood County man obtain a $2.5 million judgment against Ocwen after a federal jury ruled the company didn’t investigate his repeated disputes of his credit report. After a six-day trial before Judge Irene Berger, the jury ruled in favor of David M. Daugherty, saying Ocwen willfully violated the Fair Credit and Reporting Act.

Mercer Circuit Court case number: 16-C-165

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