A Jefferson County homeowner has his breach of contract suit against Compass Bank removed to federal court.
Alleging violations of state property code, trade practice and business law, Thomas J. Burbank of Beaumont filed a lawsuit Jan. 29 in Jefferson County District Court against: Compass Bank, doing business as BBVA Compass; Carolyn Ciccio; Tommy Jackson; Margie Allen; Kyle Barclay; Julie Periz; Selim Taherzadeh; Mo Taherzadeh; Michael Linke; and Lori Bishop.
Court records show that on Feb. 10 Compass and the individual defendants filed a notice of removal, stating the case would now be litigated in the U.S. District Court for Eastern Texas.
According to the original complaint, Burbank owns property in Beaumont, and Compass Bank is holder of the principal amount of $606,480.73. The first eight individual defendants are substitute trustees employed to conduct foreclosure and Lori Bishop is a bank officer, the suit states. Citing supporting paperwork, the complaint states the original note was renewed as of June 20, 2008, with a lower interest rate effective June 1, 2013.
Burbank paid his mortgage regularly thereafter, the suit states, but he was informed his monthly amount had increased by more than one-third, despite the lower interest rate. The plaintiff alleges he tried to contact bank officials unsuccessfully and received confusing communication indicating imminent foreclosure. He charges negligence and misrepresentation.
Burbank seeks: a restraining order in order to keep his property while the matter is resolved; compensation for damages; attorney fees; expenses; and costs.
Attorney Mel W. Shelander of Beaumont represents him.
Jefferson County District Court case number: D-196650