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Remedies Keyed to Tabb, 8th
Lucas v. U.S. Bank, N.A.
Citation:
953 N.E.2d 457 (2011)Facts
In April 2005, Mary Beth and Perry Lucas entered into a residential mortgage loan transaction with Argent Mortgage Company with an escrow account established for hazard insurance and property taxes. Disagreements arose with the original loan servicer AMC Mortgage Services regarding insurance evidence and tax payments. When Litton Loan Servicing took over as servicer in May 2006, disputes continued over late fees, escrow account management, and payment applications. The Lucases filed for bankruptcy in November 2006, which was discharged in February 2007. Despite attempts to resolve matters, Litton sent a notice of default in October 2007. In January 2009, U.S. Bank filed a foreclosure complaint alleging the Lucases failed to pay according to loan terms. The Lucases responded with affirmative defenses, counterclaims, and third-party claims alleging violations of federal consumer protection statutes and state common law, requesting money damages and a jury trial.
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