WHEELING – A Wheeling woman has received a temporary restraining order after claiming a bank wrongly foreclosed on her home.
Jennifer Hayes filed her complaint and petition for restraining order and injunctive relief April 11 in Ohio Circuit Court against Union Bank. The following day, Ohio Circuit Judge Michael Olejasz granted the temporary restraining order, saying "any action furthering the foreclosure of Mrs. Hayes' home and forcing her removal or eviction is prohibited."
In her complaint, Hayes says she purchased the home Aug. 27, 2014. On May 21, 2018, Hayes says the West Virginia-based defendant forwarded her a Notice of Right to Cure Default in the amount of $889.03, which she paid. A second notice on July 23 for $766.85 was sent, and she also paid it. She says she never received a third such notice.
The complaint states that on Dec. 13, a Substitution of Trustee was recorded in the Ohio County Clerk’s office, substituting attorney Frederick M. Dean Rohrig as trustee and removing Timothy R. Aikens as trustee. Hayes said she was not sent this notice.
On Feb. 4, Hayes’ home was sold via public auction on the steps of the Ohio County Courthouse. Union Bank bought the home. On Feb. 22, the bank sent Hayes a “Request to Vacate Property,” telling her the house had been sold at public auction and asking her to contact the bank to help it take possession.
Hayes says she told the bank she had not received any notice of the sale and had been working toward trying to borrow against her 401(k) “to get caught up on payments.” According to the complaint, the bank acknowledged Hayes didn’t receive notice of the sale.
On March 15, the bank sent Hayes a letter giving her 10 days to pay her loan in full. The payoff was $22,010.73. According to the complaint, state law says a creditor can’t accelerate maturity of an unpaid balance and may not start action to take possession of property until 10 days has been given to the consumer to cure default. It says state law also requires a consumer be given here or more notices before he isn’t given a chance to cure.
In addition to the already granted temporary restraining order, she also seeks a court order to start discovery to see if the foreclosure process was lawfully followed and the eventual reversal of the Feb. 4 sale of the home.
“No adequate remedy at law is available to the plaintiff because if the defendant is allowed to move forward with the final stages of the foreclosure, Mrs. Hayes will be forced out of her home when the proper procedures for a foreclosure and sale of a home have not been followed,” the complaint states.
Hayes is being represented by Teresa Toriseva and Jake Polverini of Toriseva Law in Wheeling.
Ohio Circuit Court case number 19-C-96
