Madison - St. Clair Record

Tuesday, September 17, 2019

Couple alleges improperly processed mortgage payments resulted in foreclosure

By The Madison County Record | Oct 5, 2016

EDWARDSVILLE — A Granite City couple is suing a mortgage provider claiming it improperly processed payments resulting in their home being foreclosed on.

Jennifer and William Fite filed suit against Carrington Mortgage Services LLC in Madison County Circuit Court.

The Fites claim they undertook Chapter 13 bankruptcy on April 21, 2009, and the bankruptcy court allowed them to design a plan that would allow them to keep their home, which they had first purchased through a mortgage loan in 2006. During the bankruptcy proceedings, the Fites contend they were up to date on all payments to Carrington Mortgage Services LLC, the processor for their mortgage. However, in December 2014 the plaintiffs allege they contacted the defendant to make a mortgage payment and were told they were five payments behind, even though they maintain documents on file with the bankruptcy court said they were up to date on mortgage payments.

Following the notice of being behind on their mortgage payments, the Fites contend they were denied the ability to make further payments until the account was brought up to date and as a result their home was foreclosed upon.

The defendants are accused of slander of title, violating the Fair Debt Collection Practices Act and violating the Illinois Consumer Fraud Act.

The plaintiffs are seeking damages of more than $50,000. The Fites are represented by St. Louis-based attorney Robert T. Healey of Healey Law LLC.

Madison County Circuit Court case number 16-L-968

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Madison County Circuit Court