Beaumont man sues to stop foreclosure

Kelly Holleran Jul. 25, 2011, 4:29am

A Beaumont man claims he stands to lose his property after his lender foreclosed on his home earlier than promised, despite his claim that he offered the company money to pay for his arrears.

Henry Larocca Jr. filed a complaint July 14 in Jefferson County District Court against Mellon Bank of New York, Saxon Mortgage Services and Carolyn Ciccio.

In 2009, Larocca's mortgage lender, Saxon Mortgage Services, notified him of his failure to make a mortgage payment. In its letter, Saxon informed Larocca he would either need to make a payment or it would foreclose on his property, according to the complaint.

At the same time, Larocca's mortgage was acquired and transferred to defendant Mellon Bank of New York, the suit states.

On June 16, either Saxon or Mellon filed a notice of acceleration and notice of trustee's sale at the county clerk's office in Jefferson County, the complaint says. On June 23, 2009, an appointment of substitute trustees was also filed, Larocca claims. As such, Ciccio was appointed one of the substitute trustees.

Meanwhile, Larocca made arrangements with Saxon to pay off his arrearages, according to the complaint. In turn, Saxon promised to cancel the foreclosure proceedings, the suit states.

However, on July 7, 2009, Ciccio foreclosed on the home and transferred the deed to the Bank of New York Mellon, the complaint says.

"The Deed states: 'Whereas, the declared default was not resolved during the cure period provided,'" the suit states. "Defendant Carolyn Ciccio knew or should have known the statement to be false."

In the mean time, though, Saxon told Larocca that his mortgage note had been reinstated, Larocca claims. He continued to believe Saxon until June when he attempted to contact the county about homestead exemptions, according to the complaint.

"On or about June 2011, Plaintiff notified Defendants Mellon and Saxon that the deed was invalid on the grounds that the property was foreclosed upon by Defendants' fraud or mistake," the suit states. "Defendants refused, and continue to refuse, to convey the property or recognize the invalidity of the deed."

In his complaint, Larocca seeks a declaration that the deed is no longer in effect, an order canceling the deed, actual and exemplary damages, attorney's fees, interest and costs.

Craig J. Schexnaider and Bruce W. Cobb of Beaumont will be representing him.

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

Case No. E190-519

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