Nationstar Mortgage Wrongfully Sued Deceased Portland Woman, Fraud Lawsuit Alleges

By Michael Fuller, Portland Trial Attorney

On Friday, Portland homeowner Michael McEldery filed a complaint in federal court accusing his mortgage company of fraud and wrongful foreclosure.

Consumer protection advocates hope Oregon's new foreclosure mediation law will curb mortgage fraud abuses. For more information on the new mediation requirements, read this article by the Oregonian's Elliot Njus.

McEldery alleges Nationstar intentionally collected mortgage payments under false pretenses and later filed a wrongful foreclosure lawsuit against his family, including his deceased mother-in-law, Louise Moore.

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Nationstar's foreclosure lawsuit garnered immediate criticism from the media and members of Portland's Irvington District community.

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In July, an Oregon Bankruptcy Judge issued an order to show cause why Nationstar shouldn't be held in contempt for its collection of payments from McEldery.

Click to Read - 7-25-13 UPDATE - Nationstar Mortgage Ordered to Appear on Contempt Charges
Click to Read - 8-27-13 UPDATE: Portland Residents Fill Courtroom at Nationstar Contempt Hearing

At the contempt hearing, Nationstar announced that it would honor its original promise to modify McEldery’s mortgage.

Click to Read - 8-17-13 UPDATE - Community Alert About Nationstar Mortgage Fraud

On August 28, 2013, Nationstar finally dismissed the state court foreclosure lawsuit it previously filed against the McEldery Family.

McEldery's federal court complaint seeks an injunction against Nationstar and requests that it pay unspecified compensation, punitive damages, and expenses.

The Texas-based mortgage company has yet to file a response.