By Michael Fuller, Portland Trial Attorney
A Gold Beach, Oregon family alleges their mortgage company illegally locked them out of their house, then seized and set their belongings on fire in their front yard.
|According to documents filed in federal court last week in case number 13-06149-fra, Delbert and Myrna Barber claim mortgage company Precision Capital, and others, willfully violated a court order by illegally seizing their property.|
The Barbers' lawsuit alleges that they arrived at their house on October 22, 2013 to find the remains of their personal belongings smoldering in a fire in their front yard.
"We were locked out of our house," Barber says.
"[Delbert] eventually put the fire out himself with several gallons of water and a shovel. We had to call the fire department because the burn pile was spreading through pine needle duff," says Barber.
|The couple's lawsuit seeks an injunction and unspecified damages from the Honorable Chief Judge Frank R. Alley of the United States Bankruptcy Court for the District of Oregon in Eugene.|
The mortgage company has yet to file an answer to the Barber Family's complaint.
[United States Bankruptcy Court Adversary Proceeding Number 13-06149]