Mortgage Company Sets Fire to Family's Belongings, Lawsuit Alleges

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]