A Hamshire man alleges his mortgage lender is trying to evict him after agreeing to allow him to bring the account current and maintain the loan.
Travis Stark filed a lawsuit against Bank of America Aug. 22 in Jefferson County District Court.
According to the complaint, Stark purchased property in the 13000 block of West Road with a loan financed through Bank of America. Stark says he fell behind on his payments. On May 30, Stark says the lender told him that if he could pay the $13,000 owed by June 12, it would reinstate the promissory note. Stark alleges he sent the full payment overnight to Bank of America on June 10. He says the lender accepted and processed the check.
Despite making the full payment, Stark says he received an eviction notice Aug. 13.
Stark contends his property already went to foreclosure May 6, three weeks before Bank of America agreed to reinstate the mortgage. He says he also learned Carrington Mortgage Services had taken over as servicer of the loan Aug. 1.
The defendant is accused of breach of contract, misrepresentation and deceptive trade practices for allegedly foreclosing on Stark's house months before accepting $13,000 to reinstate the original loan and then attempting to evict him.
Stark seeks a restraining order and an injunction to stop Bank of America from selling his home. He also seeks an unspecified amount of money in damages and court fees.
Attorneys John Pat Parsons, Barrett Lindsay and Michael J. Lindsay, of Beaumont, represent Stark. They request a jury trial.
Jefferson County District Court case number: D196-042
This is a report on a civil lawsuit filed at Jefferson County District Court. The details in this report come from an original complaint filed by a plaintiff. Please note that a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt and it represents only one side of the story.