ST. LOUIS — A Jefferson County couple is suing a mortgage company, citing alleged breach of fiduciary duty and unjust enrichment.
Kimberly and Donald Bolin filed a complaint June 29 in the U.S. District Court for the Eastern District of Missouri against HSBC Mortgage Services, Martin Leigh and MERS, alleging that they violated the Fair Credit Reporting Act and Federal Debt Collection Practices Act.
According to the complaint, the plaintiffs allege that they suffered damages due to false information on their credit report that resulted in losing possession, custody and control of their property. The plaintiffs also claim their Notice of Rescission was ignored, which left them with overcharged interest, late fees and a bad credit standing. As a result, the plaintiffs suffered humiliation, depression and fear.
The plaintiffs hold the defendants responsible because they allegedly failed to properly, and in a timely manner, credit the mortgage payments and payments made toward the loan modification, failed to provide plaintiffs with a complete payment history and fabricated, forged and intentionally altered documents to provide false information regarding plaintiffs credit standing.
The plaintiffs seek relief in compensatory, special, general and punitive damages, costs of suit and such other and further relief as the court deems proper. They are represented by Donald Bolin in Jefferson County.
U.S. District Court for the Eastern District of Missouri case number 4:17-cv-01903-RLW