Brigette Honaker  |  May 29, 2018

Category: Consumer News

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A class action lawsuit against JPMorgan Chase, which was recently removed to federal court, alleges that the bank wrongfully forecloses hundreds of homes.

Plaintiffs Dhimiter Llordi and Natalia Hoshovsky filed the class action lawsuit against JPMorgan Chase & Co. claiming that the bank forecloses homes after missed mortgage payments without attempting to contact the homeowners.

The Massachusetts residents say JPMorgan foreclosed on their home without conducting a face-to-face interview or making any reasonable efforts to arrange such an interview.

U.S. Housing and Urban Development regulations require lenders to engage in interviews, or make efforts to do so, after three mortgage payments are unpaid and before they are allowed to foreclose on a property.

The regulations reportedly state “prior to acceleration a mortgagee must have a face to face interview with the mortgagor, or make a reasonable effort to arrange such a meeting, before three full monthly installments due on the mortgage are unpaid.” The regulations do not apply if the mortgaged property is more than 200 miles from the mortgage lender or one of its offices.

The plaintiffs claim that JPMorgan failed to follow the regulations with hundreds of consumers who make up the proposed Class. “Plaintiffs believe that the Class encompasses hundreds of individuals whose identities can be readily ascertained from [JPMorgan’s] books and records,” the JPMorgan Chase foreclosure class action lawsuit states.

Llordi and Hoshovsky also claim that Chase committed breach of contract, breach of covenant of good faith and fair dealing, and breach of duty of good faith and reasonable diligence.

“The Defendants are obligated by contract and common law to act in good faith and to deal fairly with the Plaintiffs so as to guarantee that the parties remain faithful to the intended and agreed expectations of the parties in their performance,” the JPMorgan home foreclosure class action lawsuit claims.

Alleged damages sustained by JPMorgan’s actions include loss of home equity, moving expenses, loss of property interest, negative credit ramifications, loss of opportunities to rectify their situation, emotional distress, increased fees, accrued interest, and increased principal balances.

The JPMorgan Chase class action was originally filed in the Norfolk County Superior Court. JPMorgan recently removed the lawsuit to federal court, claiming that the estimated money in controversy on the alleged foreclosed homes exceeds the minimum for removal of $5 million.

In their notice of removal, JPMorgan disputing the allegations made in the class action lawsuit. The bank argues that the plaintiffs wrongfully interpreted their mortgage contracts and are not entitled to relief.

“Chase disputes the allegations in the Complaint, including Plaintiffs’ interpretation of the contracts at issue, and disputes that Plaintiffs are entitled to any relief,” the notice of removal states.

The plaintiffs seek to represent a Class of JPMorgan mortgage consumers who were not granted a face-to-face interview before three monthly payments were unpaid, and later foreclosed on. The JPMorgan Chase foreclosure class action lawsuit seeks actual damages, punitive damages, restitution, court costs, and attorneys’ fees.

Llordi and Hoshovsky are represented by Todd S. Dion of the Law Office of Todd S. Dion.

The JPMorgan Chase Bank Foreclosure Class Action Lawsuit is Llordi, et al. v. JPMorgan Chase Bank NA, Case No. 1:18-­cv-­11064, in the U.S. District Court for the District of Massachusetts.

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55 thoughts onJPMorgan Class Action Says Bank Forecloses Homes Without Notice

  1. ROSEMARY says:

    ADD ME PLEASE MY HOME WAS SOLD W OUT NOTICE

    1. Lori Salvatore says:

      interested

  2. Nina says:

    Interested in this class action

  3. April urrea says:

    Ocwen had our loan but we found out chase was the owner and they wrongly foreclosed on our home and the have the wrong foreclosed date on our credit report we went thru he’ll with them they said they didn’t received documents which I know they did they just wanted our home we were in the middle of doing a modification with them too no one would answer the phone we would get harrashed all the time but yet they wouldn’t give us an answer is was always an excuse with them I want to be in my Drs in this suit

  4. Rosanne Turcsanyi says:

    Face to face?! I had a harrowing experience with Chase Bank. They produced NO documentation when I requested it. They refused to explain why, after ten months of diligent modification payments, I was suddenly denied the program and given ten days to pay them $15k (which I could not do) and then foreclosed on.
    Curious though, my house sold for less than Chase paid for it at auction and people were living in it within 45 days after we handed over the keys. Around here homes remained empty for months on end so it was quite a shock to see my house occupied so quickly.
    I was never offered a face to face meeting.

  5. James Garrett says:

    JP Morgan, foreclosed on our home during modification, without any notice. We had no where to go!!!

  6. C Lindsay says:

    I had the same thing happen to me only they went super sneaky route by purchasing my home loan from Carrington in the middle of a requested modification in Nov 2017.

    I rcd a letter from a Chase Atty in Feb, which I thought would be to continue the modification, not so, it was foreclosure papers, then the property was foreclosed on in March 2018 the 9th and JP Morgan Chase hired a company CMS (Contracted Mortgage Services) to illegally break into my home on March 18th 2018 when I was not home change my locks. When I notified Carrington, JP Morgan Chase and CMS they said I did not receive notice the property was still in my name because this just happened.. Legally I have to be given notice to leave not just bust in the house. In the process CMS cut a fence, messed up doors and door locks, and a door frame so badly I had to nail the door shut in order to keep it shut, three days later CMS taped the key box code on my door so I could get back into the home. I got a demand letter to leave the end of April 2018 to have the property vacated May 8th 2018, I called, faxed a request to find out where to leave the keys, no one would call me back so I sent a fax advising everyone they could have the place May 8th 2018 and the keys were in the key box they had CMS use when they illegally broke into the home in March. I shut the electric off, cancelled home owners and started bankruptcy proceedings. JP Morgan Chase has now filed a Unlawful Detainer accusing me of keeping the property. I faxed a letter with the faxs, copies of electric shut off dates and home owners cancelation on the 8th of May 2018, however I am sure this will be a fun court date on June 18th 2018 to address the mess on this unlawful detainer. I have all my paperwork in order on this and I am willing to join any class action with others as this is unlawful

  7. Raymona Bowen says:

    Please keep me posted and add my name.

    1. c lindsay says:

      I am with you, please add me and keep me posted

      1. Lexie Shephard says:

        Please ad me as well

  8. J Lynn says:

    Chase JP Morgen did not hold my mortgage however they did me just as wrong and treated me just as poorly as the story here. They held my auto loan, I call to make my payment 2 weeks early, and was told they couldn’t take my payment and put me on hold. I was transferred to another representative who then told me in order to stop the repossession processes, I had to make a payment of just over $200 more then my normal payment. I was beyond shocked and abruptly asked him to repeat what he said. When he did, I have no doubt my anger and shock was very obvious when I told him that was their error some where because I had proff I was a month a head in payments. He didn’t care he said I had two hour to pay before my car was gone and ended the call. That was the craziest thing I’d heard in my life. I knew they messed up so I go in my car and drove to my credit union and had my loan officer look at my checking account from the very first payment and make sure it was right. I was, she called Chase and they gave her the same information however they stated that because I was late by 2 days by just over 6 months after purchasing the car they could do so. I told her I called them and they said that was fine, but because I didn’t get it in writing the contract was null n void. So, less than a year to pay on the car and the next morning the repossession company took it. JP Morgan billed me for the remainder of what was apparently not gotten from auction, well that will never add up to what my hardship was in that situation. Being a single mother of two paying my bills doing the right thing.

  9. JOhn Heinz says:

    Chase sold my mortgage as a mortgage backed security…forged the officers signatures in the paperwork. Wnen requested they furnish me the original note, they not only did not do it, but then filed foreclourse on me. Then they came back- after selling off my property as a securtiy-and forced me to begin repayment of the original note. I had to file bankruptcy to save my house. Im currently in Chapter 13 because of Chase and their phony baloney.

    1. c lindsay says:

      Same story here only I am beginning chapter 7 bankruptcy and after they illegally broke into my home I was done. I moved, however their acts are unlawful and I hope we all can file together

  10. Elaine Joseph says:

    Sign me up

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