SAN DIEGO – A San Diego County homeowner has filed a suit to stop the sale of her home over allegations a bank has repeatedly denied her applications to modify her mortgage.
Sau King Chan filed a complaint on Sept. 23 in the U.S. District Court for the Southern District of California against the
J.P. Morgan Chase NA and Does 1-10 citing the California Homeowner's Bill of Rights, the Rosenthal Fair Debt Collection Practices Act, negligence and other counts.
According to the complaint, the plaintiff alleges she has sought a modification of her mortgage four times since 2013 and all requests have been denied by the defendant. She alleges the defendant has not provided a real reason for the denials. The suit states her home is up for trustee sale in October.
The plaintiff holds J.P. Morgan Chase NA and Does 1-10 responsible because the defendants allegedly initiated foreclosure proceedings despite having received several completed loan modification applications and failed to provide an accurate and consistent information regarding plaintiff's loan modification applications.
The plaintiff requests a trial by jury and seeks judgment against defendants, temporary restraining order to conduct sale of subject property, declaratory relief, restitution, accounting of the alleged indebtedness, damages, interest, attorney’s fees, costs and further relief that the court considers proper. She is represented by Allyson Snow and Joe Villaseñor of Legal Aid Society of San Diego Inc. in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02403