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ST. LOUIS RECORD

Thursday, March 28, 2024

St. Charles homeowner alleges Wells Fargo claimed debt even though property wasn't in default

Late 04

ST. LOUIS — A St. Charles homeowner is suing a debt collector, citing alleged violation of the Real Estate Settlement Procedures Act (RESPA) and the Missouri Merchandising Practices Act (MMPA).

Beverly Tringale filed a complaint on Feb. 15 in the U.S. District Court for the Eastern District of Missouri against Wells Fargo NA, d/b/a Wells Fargo Home Mortgage, alleging that the debt collector failed to use reasonable care in validating debt notices.

According to the complaint, the plaintiff alleges that on June 28, she suffered economic and emotional damages, loss of real and personal property, the loss of equity in her property, a damaged credit rating, stress, embarrassment and humiliation, upon receiving a collection letter from defendant refusing to accept payments and pushing the plaintiff's home into foreclosure. This was despite knowledge that the property was not in default and the plaintiff has completed a bankruptcy plan. The plaintiff holds Wells Fargo Home Mortgage responsible because the defendant allegedly failed to investigate the concerns raised by the plaintiff, failed to provide a written notice that plaintiff’s account was being corrected and refused to abide by the order entered by the bankruptcy court.

The plaintiff requests a trial by jury and seeks judgment against the defendant for actual, compensatory, statutory, and punitive damages, injunctive relief and/or a restraining order, attorney’s fees, and further relief as the court deems just. She is represented by Robert T. Healey of Healey Law LLC in St. Louis.

U.S. District Court for the Eastern District of Missouri Case number 17-cv-00747

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