Raleigh homeowner sues mortgage companies over eviction
Posted November 3, 2010 9:44 p.m. EDT
Updated November 4, 2010 6:26 a.m. EDT
Raleigh, N.C. — 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.
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.