Sussex NJ Family Wins Fight Against Regions Mortgage Foreclosure and Illegal Eviction
SUMMARY: An illegal eviction scheduled by Regions Mortgage was averted last Friday February 24, 2012 at the Judicial Center in Newton after Adam Deutsch Esq., of the law firm Denbeaux & Denbeaux presented the motion to keep the McMullen family in their home.
In the Certification filed with the Superior Court of New Jersey Chancery Division : Sussex County Docket No F-9002-07, Mr. McMullen explained how on the day of his wife’s biopsy surgery for cancer, he inadvertently missed a January 2007 mortgage payment, and when he attempted make a double payment, Regions told him he needed to seek a modification and provide a hardship letter.
The McMullen’s hardship letter describes how they are helping their daughter raise their two grandchildren with special needs ranging from ADHD to neurological disorders, and how he and his wife have both had to face the challenges of recent bouts with cancer.
This new challenge arose when Regions Mortgage began an attempt to vacate the family from their home. However. it was discovered that Regions Mortgage does not own the McMullen’s home, and in fact the home was purchased five years ago and is now owned by the Federal National Mortgage Association otherwise known as “Fannie Mae.”
Although the attorneys for Regions Mortgage reacted to these facts and brought them to the attention of their client, Regions decided against a motion to adjourn and went forward with an attempt of an illegal eviction. They directed their counsel to oppose the restraining order that would lawfully allow Mr. McMullen, his wife, their daughter and two grandchildren to stay in their home while Fannie Mae was brought into the discussion.
Ironically a sister division of Regions Mortgage, Regions Bank, after experiencing their own financial hardship in 2008, received a $3.5 billion loan as part of the Troubled Asset Relief Program. As of November 2011 Regions Bank still has not yet fully repaid the loan.
A further irony are the five core values that are posted on the Regions Mortgage parent company website. The parent company of both Regions Bank and Regions Mortgage, is Regions Financial Corporation, a publicly held company and member of the S&P 100 index managed by CEO Mr. O. B. Grayson Hall Jr..
According tot he company website , these are the five core values which are designed to help create shareholder value: Do What Is Right, Put People First, Reach Higher, Focus On Your Customer, Enjoy Life.
The core values that are espoused to are very different from how they actually treated the McMullen family as a client.
“Do What is Right”
On or about Saturday February 11th 2012, the McMullen’s received a notice of eviction dated January 12, 2012. The Certification to Writ of Possession executed by Fei F.Lam, Esq. further states that Plaintiff Regions Mortgage was “the successful bidder at a Sheriff sale held on the 21st day of July , 2008.”
The statement is 100% false. County records reflect that more than a year earlier on October 30, 2007 that the property in question was purchased by Federal National Mortgage Association, “Fannie Mae.”
“Put People First”
In February 2007, the McMullens tried to make a double payment but the payment was refused by bank employee Stephanie Rose who explained that they had to now get a loan modification and provide a hardship letter. In March 2007, they tried to make three mortgage payments at the same time, again the bank refused, this time by bank employee Carol Taylor.
By May with no answer, the family had a refinance offer in hand, but Regions refused to release the payoff amount. The deal fell through.
When the family found a buyer that would allow them to remain in the home as tenants, again Regions Mortgage blocked the deal.
“Focus On Your Customer”
Regions ultimately obtained a foreclosure judgment and the home went to sheriff sale, and was purchased by Fannie Mae.
In the final chapter of this nightmare, on Saturday February 11, 2012 the family received a notice of eviction dated January 10, 2012 stating that the family must vacate the property on or before February 29, 2012. As noted earlier, Regions Mortgage were not entitled to a writ of eviction because Fannie Mae is the title owner.
As of this date, the eviction date has been stayed and the family is still in their home. Fannie Mae is apparently working with the McMullens rather than working against them as Regions had been doing . Congressman Rodney Frelinghuysen, representing the 11th District of New Jersey, is in contact with the McMullen family and is doing what his office can to help get them with their efforts to get a Fannie Mae refinance package to enable the family to stay in their home.
Joshua W. Denbeaux, Marcia W. Denbeaux, Mark P. Denbeaux – Of Counsel, Adam Deutsch, David Kurtz of Denbeaux & Denbeaux, Attorneys at Law, located at 366 Kinderkamack Road, Westwood New Jersey, have been investigating unconscionable closing practices by lenders throughout New Jersey and practices civil litigation, with a concentration in mortgage foreclosure, business, insurance coverage and employment litigation. They can be reached at (201) 664-8855 and by email at pr(at)denbeauxlaw(dot)com or visit http://www.denbeauxlaw.com
Formed in 1989, Denbeaux & Denbeaux is a law firm dedicated to providing top level legal representation to its clients. The partners, Marcia and Joshua Denbeaux, represent individuals and businesses in New Jersey State and Federal Courts.
The attorneys and staff at Denbeaux & Denbeaux are dedicated to providing the highest level of representation possible to their clients. Located in Westwood, New Jersey, Denbeaux & Denbeaux has extensive experience in the state and federal trial and appellate courts. The firm practices in a variety of fields including:
Mortgage Foreclosure Defense, Consumer Fraud, Commercial Litigation, Employment Litigation, Matrimonial Law.