Sunday, November 24, 2013

Oregon Couple Implicates Nationstar Mortgage in Foreclosure Fraud Scheme

By Michael Fuller, Portland Trial Attorney

According to a 25 page complaint filed in federal court on Friday, Nationstar Mortgage illegally threatens to foreclose on an Oregon couple's home, in violation of federal law and a 2012 court order.

The case caption reads Bernet v Nationstar Mortgage LLC, filed on Friday, November 22, 2013.
Read the full complaint here.

Lafayette, Oregon homeowners Carlos and Jody Bernet allege Nationstar harasses them to pay a mortgage debt they haven't owed since 2012.

Court records indicate a federal bankruptcy judge granted the Bernet Family's motion to avoid a second mortgage lien held by Nationstar back in October 2012. The automatic stay in the Bernet Family's bankruptcy case strictly prohibits collection of their second mortgage debt.

In their complaint, the Bernet Family alleges Nationstar unfairly tries to collect on the avoided mortgage, in violation of the 2012 court order.

An exhibit attached to the complaint indicates the Bernet Family attorney tried to resolve the matter in October 2013 by sending a letter to Nationstar's registered agent in Oregon. According to the complaint, Nationstar refuses to respond.

Nationstar has yet to file an answer in the matter. The bankruptcy judge set a pre-trial conference for January 7, 2014.

[United States Bankruptcy Court for the District of Oregon, Adversary Proceeding No. 13-03287-rld]