ST. LOUIS — A property owner is suing mortgage lenders, citing alleged negligence in maintaining loans records resulting to confusion and emotional distress.
Donna R. Huddleston filed a complaint on April 14 in the U.S. District Court for the Eastern District of Missouri against Nationstar Mortgage LLC and Bank of America, NA alleging that the defendant violated the Real Estate Settlement Procedures Act (RESPA).
According to the complaint, the plaintiff alleges that on Oct. 1, 2012, she entered into a FHA Home Affordable Modification trial period plan with Bank of America to provide a modification agreement to permanently reduce her mortgage loan. After making her monthly payments for the modification agreement, the plaintiff claims she continues to receive letters by defendant Nationstar about her past due balance owed. The letters states that she owed way more than the agreed monthly payment in the modification agreement, and if payment is not made, her house will foreclosed.
As a result, Huddleston suffered depression, damage to her credit and humiliation.
The plaintiff alleges the defendant failed to correct its accounting errors on the plaintiff's loan, failed to conduct a full and complete investigation of its accounting errors and failed to properly apply plaintiff's monthly mortgage payments by charging the wrong amount to principal and interest.
The plaintiff requests a trial by jury and seeks judgment in an amount in excess of $25,000, plus punitive damages, court costs and such other relief as may be necessary and proper. She is represented by Daniel E. Claggett of Legal Services of Eastern Missouri Inc. in St. Louis.
U.S. District Court for the Eastern District of Missouri Case number 4:17-cv-01334