SAN FRANCISCO – Owners of a mortgage are suing a loan service over allegations of breach of contract.
Gail Bennett-Wofford, Dana Wofford and Mark Bennett filed a complaint on Feb. 23 in the U.S. District Court for the Northern District of California, San Francisco Division against Bayview Loan Servicing LLC, citing breach of contract.
According to the complaint, the plaintiffs allege that on Aug. 12, 2005, they acquired a Lakeport property and entered a written contract with a monthly payment of $3,297.53. The deed of trust also included that the plaintiffs maintained fire insurance on the property, the suit states. The suit states that the defendant was assigned the trust in 2007. The plaintiffs hold Bayview Loan Servicing LLC responsible because it allegedly did not have contractual right to increase the mortgage payment or require them to carry hazard and flood insurance.
The plaintiffs seek the following: compensation for all damages, injunction against the defendant restraining them from taking steps to foreclose during the pendency of the action, legal fees, and any further relief the court deems just and proper. They are represented by Michael M. Ching of Ching & Yamamoto LLP in Oakland
U.S. District Court Northern District of California San Francisco Division Case number 1:16-cv-00891-NJV