Wrongful Foreclosure

Husband and Wife Homeowners v. Mortgage Servicing Company

After falling behind on their mortgage due to a downturn in the economy, the homeowners entered into a repayment plan to catch up on their mortgage payments. While they were in full compliance with the repayment plan, the servicing rights on their mortgage were transferred to a new servicer. The new servicer denied the existence of their prior payments and refused to honor the repayment plan. The homeowners were ultimately sued for foreclosure at the direction of the servicer and faced the prospect of losing their home of more than thirty years. The homeowners filed counterclaims and third-party claims against the note holder and servicer on various legal theories including fraud, violations of the Oklahoma Consumer Protection Act, violations of the Oklahoma Secure and Fair Enforcement of Mortgage Licensing Act, violations of the Fair Debt Collection Practices Act, and wrongful foreclosure. The trial required extensive video testimony from the servicer’s out of state employees as well as lengthy cross-examination of the servicer’s corporate representative. After the second day of trial with the corporate representative expected to testify for several more hours the next morning, a confidential settlement was reached.

Kris did a phenomenal job, was extremely easy to work with and I would highly recommended his services. Read Review at Lawyers.com

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