Posted On: January 20, 2011 by Carmen Dellutri

LaSalle (Bank of America) Forecloses On $432 Debt ?

Dorothy Rhue Allen lived in her home and paid each and every mortgage payment on a 30 year mortgage for 29 years and 11 months. She missed her last payment of $432 because she was in the hospital. Rather than allow her to just make up the payment, the bank (servicer) foreclosed. When Ms. Allen purchased the home in 1976, she borrowed $40,000.00. Assuming that her payment was $432 for the last 29 years and 11 months, Ms. Allen had paid $155,088.00 over that time. According to her attorney, Ms. Allen was in the hospital and missed the last payment.

Well Ms. Allen hired a lawyer to contest the foreclosure charges. The plaintiff is asking for $5,797.00 in foreclosure fees and charges. That is outrageous. Fortunately, the foreclosure stopped after Ms. Allen sued for unfair debt collection practices. Likewise, she was able to sell the house and move into an assisted living facility.

New Jersey is turning into a foreclosure haven, yet one Judge has called into question the practices of the mortgage companies and/or mortgage servicers.

I hope she gets everything that she is entitled to under the Federal Fair Debt Collection Practices Act.

This post was submitted by Carmen Dellutri, Esq., founder of The Dellutri Law Group, P.A. Currently, the firm has offices in Port Charlotte, Fort Myers, Naples and Sarasota. Mr. Dellutri also sits on the Board of American Board of Certification. Mr. Dellutri is also one of the founders of the Bankruptcy Law Network, Debt Law Network, Credit Law Network, and Mortgage Law Network. Mr. Dellutri also writes for the firm's bankruptcy blog, mortgage modification blog, www.faircreditreportingactblog.com and www.fairdebtcollectionpracticesactblog.com.