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