Couple who refinanced claim new lender failed to pay off old loan

Kelly Holleran Jan. 7, 2010, 6:52am

A couple claims they should not have to pay Bank of America a mortgage that it accelerated on them after they refinanced their home.

Darin M. and Sharleen P. Yureck claim they own property at 2940 Marshall in Granite City. Their mortgage was financed through Taylor, Bean and Whitaker, according to the complaint filed Dec. 29 in Madison County Circuit Court.

In order to decrease their interest rate from 6.5 percent to 4.75 percent, the Yurecks refinanced their home from Taylor, Bean and Whitaker to JLB Lending doing business as defendant Golden Oak Lending, the suit states.

After the refinance, the new lender was supposed to pay off Taylor, Bean and Whitaker so that its lien on the old mortgage could be released, the complaint says. However, the payoff did not occur, and subsequently, Taylor, Bean and Whitaker went into bankruptcy, causing all its loans to be assigned to defendant Bank of America, the Yurecks claim.

"That since the refinance, the Plaintiffs have been timely paying US Bank, the assignee of JLB Lending, d/b/a Golden Oak Lending," the suit states. "That since the refinance, through no fault of their own, Plaintiffs have received a notice of intent to Accelerate from Bank of America, a copy of which is attached hereto, and marked as Exhibit 'A,' dated October 6, 2009, in regard to a note and mortgage which should have been paid off as a result of the refinance."

The Yurecks are seeking a judgment of more than $50,000, plus other relief the court deems just.

Edward J. Blake of Blake and Allen in Belleville will be representing them.

Madison County Circuit Court case number: 09-L-1410.

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