SOUTHEAST TEXAS RECORD

A Beaumont resident is suing to determine the current mortgage of her note and deed of trust, the current servicer of the note and the current amount due on her mortgage.

Angella A. Soileau filed a lawsuit Nov. 5 in the District Court of Jefferson County against Nationstar Mortgage LLC. 

Soileau states in August 2002, she refinanced her home by obtaining a new mortgage with Hinds. According to the suit, Hinds allegedly executed a transfer of lien to First Horizon. It was later discovered the Hinds transfer to First Horizon was likely ineffective, according to the complaint.

The complaint states it is unknown if First Horizon ever obtained ownership of the note and lien.

The plaintiff claims in 2008 she began having problems with First Horizon, including accounting disputes. First Horizon began foreclosure proceedings despite Soileau making payments and having a legitimate accounting dispute, according to the court filing.

Soileau states in February 2009 she sued First Horizon and MET Life due to the accounting and foreclosure issues, but that case was ultimately dismissed.

During the suit, neither First Horizon nor MET Life informed Soileau that Nationstar was the new servicer, according to the complaint. On Oct. 3, Nationstar notified Soileau her home was going to be foreclosed upon. In addition, the plaintiff alleges there have been numerous accounting discrepancies by Nationstar.

The plaintiff is asking the court to determine who the rightful mortgagee of the note and deed of trust, the current servicer of the note and the current amount due.

Soileau is also seeking a temporary restraining order and temporary injunction to prevent her home from being sold at a foreclosure sale, actual damages, statutory damages under the Fair Debt Collection Practices Act, costs under the Fair Debt Collection Practices Act, costs, fees and interest.

Soileau is being represented by Benjamin K. Sanchez of Sanchez Law Firm.

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

Case No. D194-954

 

This is a report on a civil lawsuit filed in the District Court of Jefferson County. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.