HAMP denial Homeowner sues mortgage servicer over

17 Apr

Associated Press

Homeowner sues mortgage servicer over HAMP denial

LOS ANGELES — A California homeowner is suing the mortgage servicing unit of Morgan Stanley, claiming the company had no intention of permanently modifying her home loan payments to an affordable amount despite having her make a slew of trial payments under a federal program designed to help homeowners avoid foreclosure.

The complaint, which was filed Thursday in U.S. District Court for the Northern District of California, accuses Saxon Mortgage Services Inc. of breach of contract and deceptive debt collection, among other claims, and seeks class-action status.

In the lawsuit, Marie Gaudin of Daly City contends Saxon offered her a loan modification trial plan under the Home Affordable Modification Program on June 1, 2009.

The plan called for Gaudin to make three trial payments on her mortgage and provide any documents needed by Saxon to evaluate the proposed loan modification.

Gaudin claims she made all the payments and complied with the documentation requests, but wasn’t offered a permanent HAMP loan modification once the three-month trial plan period ended.

agged out the process for months, while asking her to continue making payments.

One Response to “HAMP denial Homeowner sues mortgage servicer over”

  1. Nora April 17, 2011 at 9:02 am #

    I am glad someone started a law suit in regards to this issue, many people have been and many still are being strong along with promises of permanent modifications by their servicers and then get denied for no apparent reason. I myself went through the same thing with Chase in 2009, I sent all the documentations they asked for, and signed this agreement they engaged me in for a trial mod. that went on for 4 months then they called and said I did not qualify, but needed to continue making payments that were previously made before the trial mod. I was also asked to retry sending in new docs. for another trial which never took place.

    I think this is the bank’s way of making the homeowners hooked along with empty promises just so they can draw payments from them. had I known that the outcome would be a denial regardless, I would have stopped making payments and pursued litigation, and meanwhile would have saved 2 years of useless payments tot he bank.

    people out there who are thinking that the banks are going to help them with a modification or any other kind of help are dreaming. I think this subject truly requires a law suit and everyone who had this problem needs to come out and join the law suit!

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