Man claims bank foreclosing on home despite modification plan

By Kelly Holleran | Sep 2, 2013

A Jefferson County man claims his bank foreclosed on his home despite its promises to work out a modification on his loan so that he could afford his payments.

Randal L. Roland filed a lawsuit Aug. 22 in Jefferson County District Court against Flagstar Bank.

In his complaint, Roland alleges he took out a home equity loan on his home on Gross Street in Beaumont on Nov. 7, 2006. He diligently made his payments from December 2006 until January 2013 when he entered into a forbearance plan with Flagstar Bank, according to the complaint.

Under the plan, Roland was supposed to make three payments of $355.73 in June, July and August, which were in place of his regular mortgage payments, the suit states. Thinking he was complying with the terms of the modification, Roland made payments of $360 each month, the complaint says.

Still, Flagstar Bank initiated foreclosure proceedings against him on July 11, Roland claims.

“Much to his shock and chagrin, plaintiff found out that defendant never actually intended to comply with the forbearance agreement, misrepresented facts to him that led him to rely on the statements made, only to receive notice from defendant that his house was going to be foreclosed on,” the suit states.

In his complaint, Roland alleges breach of contract and misrepresentation against Flagstar Bank.

He seeks a court order that would require the bank to continue with the modification process, plus attorneys’ fees and other relief the court deems just.

John Pat Parsons of Lindsay, Lindsay and Parsons in Beaumont will be representing him.

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

Case No. E194-663

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