Couple claims lender rejected payments, plans foreclosure

Kelly Holleran Feb. 26, 2010, 8:35am

A Beaumont couple claims their bank has repeatedly threatened to foreclose on their home and has refused the couple's attempts to make payments.

Charles W. and Phyllis E. Turnage filed a lawsuit Feb. 19 in Jefferson County District Court against Chase Home Finance.

The Turnages claim that since 2007 Chase Home Finance has repeatedly accused them of failing to make payments. In fact, Chase has filed a foreclosure suit against the couple, but later dismissed it, according to the complaint.

Chase has refused to accept the Turnages' payments in an attempt to set them up for foreclosure, the suit states.

"Plaintiffs have attempted to resolve and satisfy Defendant but Defendant has a gaggle of agents dedicated to frustrating, harassing, and tormenting the Plaintiffs attempts to resolve and satisfy Defendant and their obligations under the Home Equity Agreement," the complaint says. "The Bank has taken the Plaintiffs monies then refused to apply to the refinancing of the home so as to artificially cause forfeiture and set the stage for foreclosure of Plaintiff's home."

In their three-count suit, the Turnages allege breach of contract, breach of fiduciary duty and intentional interference with business relationship and contract against Chase.

The Turnages seek actual and exemplary damages, plus costs, attorney's fees, interest and other relief the court deems just.

Daniel D. Clayton of Beaumont will be representing them.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E186-083.

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