Woman seeks TRO to stop foreclosure

By Kelly Holleran | Mar 1, 2010

A woman has filed suit against a loan servicing agency and a mortgage company after she claims they have threatened to foreclose on her home.

Lisa D. Perkins claims she owns a home at 7112 Kelliwood Drive in Port Arthur. Defendant Mortgage Electronic Registration Systems currently owns the mortgage on the home and defendant Litton Loan Servicing is the mortgage servicer for Mortgage Electronic, according to the complaint filed Feb. 17 in Jefferson County District Court.

On Aug. 1, 2009, Perkins entered into a loan workout with Litton. Under the plan, Litton promised to modify Perkins' mortgage as long as she complied with all terms of the plan, the suit states.

Perkins has complied with all the plan's terms, yet Litton still notified her of its intent to foreclose on her home on March 2, the complaint says.

"Plaintiff relied on these misrepresentations by Defendants to her detriment," the suit states.

By foreclosing on her home, Perkins claims Litton and Mortgage Electronic violated the Texas Deceptive Trade Practices Act and breached their contract with her.

"Plaintiff will suffer imminent harm because she will lose possession of her homestead and will suffer such other damages as set forth in this petition," the suit states.

Due to the threat of losing her home, Perkins says she suffered mental anguish.

Now, Perkins is seeking an ex-parte temporary and permanent injunction from the court demanding that Litton and Mortgage Electronic refrain from foreclosing on her home, the suit states.

In addition, she seeks actual, consequential and statutory damages, attorney's fees, costs, pre- and post-judgment interest and other relief to which she may be entitled.

Rhett B. Phares of Beaumont will be representing her.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Jefferson County District Court case number: D185-949.

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