Man sues mortgage company over denied modification request

By Kelly Holleran | May 14, 2012

A Jefferson County man has filed suit against the company that he claims refused to modify his mortgage after he faced financial hardships.

Gregory James Viator claims he faxed a letter on May 3, 2010, to defendant Cimarron Mortgage Co. in a request to adjust his mortgage payments after he faced financial hardships.

Viator ran into financial trouble after he sustained a debilitating injury to his hand, which had to be surgically rebuilt, according to the complaint filed April 26 in Jefferson County District Court.

Because of his injury, Viator, who was self-employed, was forced to take several months off work, the suit states. In turn, he was unable to make his mortgage payments to CMC for several months, the complaint says.

Viator explained his situation to CMC and the company told him to fill out a financial hardship worksheet. After Viator filled out the worksheet, however, CMC told Viator he had not provided proper documentation and that it would not modify his loan, he claims.

Subsequently, CMC pursued a foreclosure against Viator, according to the complaint.

Viator's property on White Perch Lane in Beaumont was sold on Aug. 3, 2010, to CMC, the suit states. Viator was given until Oct. 8, 2010, to vacate the premises, the complaint says.

Viator claims he moved all of his property onto an adjacent lot that was not subject to the foreclosure proceedings. However, when defendant Dana Bellanger was hired by defendant Federal National Mortgage Association to clean the property, he removed Viator's personal property from the adjacent lot, according to the complaint. Although Viator has demanded return of his property, he has not yet received it back, the suit states.

"Plaintiff, without his possessions, namely his work tools and equipment, is totally destitute and cannot perform his usual and normal trade to support himself," the complaint says.

In his complaint, Viator is seeking compensation for all tools and equipment that was destroyed and for lost wages.

He is also seeking damages for his mental anguish, plus court costs, pre- and post-judgment interest and any other relief the court deems just.

Thomas J. Sibley of Beaumont will be representing him.

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

Case No. D192-366

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