Class action: Specialized Loan Servicing illegally contacted homeowners in foreclosure instead of their lawyers
NOV 6, 2023 | REPUBLISHED BY LIT: NOV 9, 2023
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, CHANCERY DIVISION
A class action lawsuit accuses debt servicer Specialized Loan Servicing LLC of illegally contacting people in foreclosure about their unpaid mortgages, even though SLS allegedly knew those people were represented by attorneys.
In 2005, the plaintiffs, Chai Roongseang and Jintana Roongseang secured a loan with a mortgage lien on their property in north suburban Wilmette, according to a complaint filed Oct. 17 in Cook Circuit Court.
After defaulting on the loan, Deutsche Bank, the mortgage lien holder, filed a foreclosure action in Cook County Circuit Court.
The plaintiffs hired the Law Office of Jeffrey Strange & Associates in February 2013 to represent them.
Despite legal representation, the foreclosure case has been pending since then.
During the case, the loan servicing was transferred from Bank of America to SLS in November 2012, according to the suit.
In August, SLS sent two letters directly to the plaintiffs. The first letter demanded a payment of $628,166 by Sept. 1.
The second letter labeled the plaintiffs’ mortgage account as “delinquent” and encouraged them to explore loss mitigation options, stating that SLS was a debt collector.
An independent field inspector taped a letter to the plaintiffs’ door, allegedly advising them to contact their mortgage servicer without explicitly mentioning it was from a debt collector on Oct. 2.
The foreclosure case remains unresolved, with the plaintiffs facing financial pressure and the potential loss of their property, according to the suit.
The plaintiffs are seeking actual damages.
They are represented by attorney Arthur C. Czaja, of Niles.
A VINTAGE 12-YEAR-OLD WRONGFUL FORECLOSURE CASE AND A SETTLEMENT IN DISPUTE
Richard “Rich” Rode is working as a Life Support Manager. We cannot think of a better role when taking on Deutsche Bank @DeutscheBank and PHH Ocwen. https://t.co/E7EDlSe1Mw— lawsinusa (@lawsinusa) November 9, 2023
Deutsche Bank Nat’l Tr. Co. v. Roongseang, 439 Ill. Dec. 189 (Ill. App. Ct. 2019)
DEC 2, 2019 | REPUBLISHED BY LIT: NOV 9, 2023
NOV 9, 2023
Above is the date LIT Last updated this article.
On appeal, the Roongseangs argue that the circuit court erred by entering summary judgment and an order approving the report of sale in favor of plaintiff because plaintiff failed to provide proof of actual delivery of the acceleration notice.
Essentially, the Roongseangs argue that the mortgage does not presume delivery of an acceleration notice sent via certified mail.
Therefore, they contend that plaintiff was required to provide proof of actual delivery, not proof of mailing, in order to establish compliance with the notice condition precedent. For the following reasons, we agree.
We therefore reverse the circuit court’s entry of summary judgment and order approving judicial sale in favor of plaintiff and remand for further proceedings.
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