A woman claims Bank of America wrongly foreclosed on her property despite its agreement to work out a modification with her.
Shayla Zuzukin claims that after she fell behind on her mortgage payments to Bank of America, it agreed to enter into a modification with her to allow her to catch up on her note.
On April 23, Zuzukin had arranged to meet with representatives from Bank of America to discuss the modification, but no one from the company arrived at her home, according to the complaint filed June 29 in Jefferson County District Court.
"However, and much to her shock and chagrin, plaintiff found out that defendants never actually intended to modify her note, misrepresented facts to her that led her to rely on their statements, only to receive notice from defendants that her house was going to be foreclosed on July 3, 2012," the suit states.
Since Zuzukin bought her home in March 2008, she has invested $30,000 and will lose all that money if the bank does foreclose on her property, the complaint says.
Had she known of the bank's intentions, Zuzukin claims she would have made other plans instead of relying on a modification to help her out.
She alleges breach of contract and misrepresentation against Bank of America.
In her complaint, Zuzukin is seeking a temporary restraining order that prohibits the bank from foreclosing on her property and other relief the court deems just.
She will be represented by John Pat Parsons of Lindsay, Lindsay and Parsons in Beaumont.
The case has been assigned to Judge Milton Shuffield, 136th District Court.
Case No. D192-628