Friday, January 30, 2015

Firm Sues Mortgage Contracting Services, LLC and JP Morgan Chase for Trespass, Breaking & Entering, and Theft.

Imagine that you left for a trip to visit your child who attends college across the state.  Imagine that when you returned home, your were locked out of your own home, and found that your lender had broke into your home, changed your locks, and disconnected your water and applicances. This is what was reported to our firm by a  Palm Bay, Florida resident who returned  from a trip to F.S.U., to find her home had been "winterized" by Mortgage Contracting Services. The homeowner also reported that valuables such as a flat screen television, jewelry, S.D. Cards with the family's digital pictures, and musical instruments had been taken.  The homeowner reported the incident to the Palm Bay police department who is investigating the theft.

The homeowner was only a few weeks behind on her mortgage with JP Morgan Chase.  No foreclosure action had even been filed when a field service contractor entered the home on Chase's behalf.   In almost all mortgages, including the mortgage of this homeowner, is a clause that allows the lender or loan servicer to enter the property if the property is abandoned (or appears abandoned) for purposes of preserving and protecting the property.  The homeowner asserts that no reasonable person would think her property was abandoned since her lawn was regularly mowed, her mail was picked up, and her possessions were still in the home.

The homeowner consulted with a prominent board-certified civil trial lawyer in Melbourne, Florida who was familiar with our firm's track record of successfully suing lenders, loan services, and field service companies for wrongfully breaking into consumers' homes.  That lawyer referred the homeowner to Shuster & Saben's Space Coast office.  Firm attorney, Richard Shuster, filed suit against the loan servicer, JP Morgan Chase and the vendor it hired, Mortgage Contracting Services, LLC, in Brevard County, Circuit Court.  The suit was filed less than two weeks after the homeowner first consulted with the firm.  To review a redacted copy of the complaint click here.