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Raleigh homeowner sues mortgage companies over eviction

Posted November 3, 2010
Updated November 4, 2010

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— A Raleigh homeowner is suing two loan companies, claiming they intentionally misled the court in order to kick him out of his home.

Christopher Joy said the problem started when his mortgage company merged with another. Shortly after, he got a letter saying his payment was to increase by $1,000 per month. Joy said he tried to resolve the mistake but could not get answers.

The two trustee companies eventually took over his mortgage and started foreclosure proceedings.

Joy said he was looking forward to his day in court.

“Someone would finally get a chance to hear my story,” he said.

However, the case was continued, and Joy said he never heard another word about the issue until the sheriff's office sent a letter saying he had to pack up everything and move out.

“I discovered that my house was actually sold in January, and I was actually still living in the home,” Joy said.

Court Gavel Scales of Justice Man files federal suit against mortgage companies

Joy said he missed the hearing to fight for his home because the trustee companies never notified him of the court date, which is required by law.

He pulled his file from the Wake County clerk's office and found errors, including a court order that was never signed.

“At that point, I knew deep down in my heart that something was wrong,” Joy said.

Clerk of Superior Court Lorrin Freeman said that it became clear the companies did not notify Joy and misreported information to the clerk's office, so the court issued an immediate order to give Joy back his home.

Joy and his attorneys have filed a federal lawsuit, saying they have proof that employees of Nationwide Trustee Services and Litton Loan Servicing knew about the mistakes early and intentionally pushed forward with foreclosure anyway.

“Before I was wrongfully evicted out of my home, someone knew that they did something wrong,” Joy said.

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  • beanies21 Nov 12, 2010

    I was in foreclosure about 18mnths. with Litton Loan Services out of Texas. If you would like to know more about how I beat them please call(919)603-0607 after 6 pm My Name is Alice Crowder, their is a couple of groups who helped me . I would like to give you this information so you can call these people and tell them your story so they will have more complaints against litton. I have also thought about filing a lawsuit or having them checked out.Please give me a call.

  • ghimmy51 Nov 4, 2010

    You have not experienced "The End of Days" until you have stood with a sheriff deputy who is on the phone with a lawyer you have never and will never meet, while the deputy describes your home, vehicles and other belongings and gets instructions from the lawyer what to take away. I have. We were told not to complain "because we could take your house today too". But you Republicans, by all means, make SURE you don't make that lawyer pay taxes. BTW: we got it all back in 3 days because they lied about dates and the seizure wasn't legal. Before they could get it right I went into bankruptcy, which I never would have done if they hadn't pulled that stunt. I pay my bills, just the new owner of my debt wouldn't accept payments smaller than $5000/month.

  • gmuny33 Nov 4, 2010

    Right is right, wrong is wrong, regardless of the vehicle. They filed the papers incorrectly and did not notify, that has nothing to do with his car. Would it be any better if he was in a beat up 82 Toyota Corolla.

  • mullinsalan Nov 4, 2010

    OK...the situation is bad, sure...But does anybody else have a problem with someone who "got behind" on their mortgage and has a ROLLS ROYCE sitting in the driveway???

  • Butterflies Nov 4, 2010

    Wow, what a terrible situation. I hope he gets everything he is trying for. The embarrassement this must of caused him before everything got straight. And not to mention being kicked out of his home. Poor guy!

  • u stand corrected Nov 4, 2010

    Also DO NOT pay anyone to try to modify your mortgage. People pay thousands to run into a wall. If you can't get it done, they can't either. Let the buyer beware!!!

  • u stand corrected Nov 4, 2010

    Thanks for clearing that up for me Hellcat............hard to believe and very underhanded!!!
    TrueBlueRep
    I know. The saddest part is that some of these people have lived in these homes for years and it is heart breaking. Some have no equity. It needs to be stopped.

  • gmuny33 Nov 4, 2010

    It just amazes me how so many picked this man's background apart without even reading the story clearly. Is it just me, or does it not sayt that court papers show the wrong doings of the mortgage companies? These banks, some banks have literally stopped some foreclosures for reasons that are probably similar to this, but people on this site blog pick him apart, and split hairs for a man trying to fight for his, that he may have a family in as well. Put a young woman of certain race, with a child in the picture, and I guarantee you the comments will be vastly different. NO, that's not what it boils down to, but how bout we as victims of the terrible decisions of big business, big banking, and just corruption, fight for one another, not tear at one another. Whatever his rights or wrongs in your vetting of his background show, the story states, there were incorrections and wrongdoings in his due process to fight for his home, and a roof for himself and his family.

  • IAMAmerican Nov 4, 2010

    Thanks for clearing that up for me Hellcat............hard to believe and very underhanded!!!

  • grab-a-gift.com Nov 4, 2010

    good for him these predatory loan companies get away with so much its good to finally see them get put in their place.the clerk of court said they intentionally misreported information because they had it sold already they just wanted him out.they dont care about people. they seen a chance to keep all the money he had already paid on the mortgage kick him out on the street and have a cash buyer waiting to purchase the house and all before he could do anything.i hope he sues their buts and gets 20 million just to send a message to these unscrupulous bottom feeders. its these type of practices that has our country in the shape its in now.cash not people have become all were about as a nation, and its sad.we used to be a country where we cared about each other where neighbor knew neighbor

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