A Portland couple who received a loan modification and an apology from Nationstar Mortgage last year to settle their wrongful-foreclosure claims now say the company is trying to foreclose again even though they made all their monthly payments.
Michael and Judy McEldery of Northeast Portland found themselves facing foreclosure last year when they say Nationstar Mortgage — as a pretext to initiate the process — delayed applying one of their payments until after its due date.
The couple sought to block the foreclosure, and Michael McEldery, 67, followed up with claims the company had engaged in elder abuse, unlawful trade practices and breached its contract with him. The company agreed to apologize and modify the loan and bring it current to settle the case, said Michael Fuller, the McElderys’ attorney.
But this summer, the McElderys say, their payments to Nationstar were applied late again. Contacted by Fuller, Nationstar said their account was $45,000 in arrears.
The new complaint, filed in U.S. District Court in Portland on Thursday, accuses Nationstar of breaching the settlement agreement and illegally profiting from payments the McElderys have made in the meantime, when they believed a modification was in place.
“Now my clients are at risk of losing their home once again,” Fuller said. “It’s almost exactly the same conduct, except this time we’ve got a signed modification agreement.”
A Nationstar spokesman said the company doesn’t comment on litigation.