Tyler couple sues banks to stop foreclosure of their home

Michelle Massey, East Texas Bureau Apr. 13, 2010, 10:33am

TYLER-In effort to stop the foreclosure of their home scheduled for April 6, Todd Shane and Amanda Richardson has filed a lawsuit against CitiMortgage Inc., Brice, Vander, Linden & Wernick P.C., Southside Bank, Mortgage Electronic Registration Systems and John Does 1- 100.

The plaintiffs allege that the defendants are violating the Federal Fair Debt Collections Act.

The couple state that the defendants are either not the lender or have not proved they are the lender of their mortgage and are therefore not entitled to foreclosure. The plaintiffs also state the Deed of Trust is void due to a lack of correct notary seals on the document and an incomplete chain of assignment.

The plaintiffs contend the non-judicial foreclosure sale of their home is improper as the defendants are not holders of the original note to the subject property.

The lawsuit was filed on April 5 in the Tyler federal court of the Eastern District of Texas.

The plaintiffs are asking the court to permanently enjoin the defendants from attempted foreclosure on their home, for an award of compensatory damages, treble damages, punitive damages, court costs and legal fees.

The plaintiffs are acting as their own attorney.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No 6:10cv00119

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