SAN FRANCISCO — A widow is suing JPMorgan Chase Bank for breach of contract over their alleged refusal to communicate with her on her mortgage after her husband died resulting in her mortgage debt going up.

Mary Frank filed a lawsuit on Dec. 17, 2015 in the Northern District of California District Court against JPMorgan Chase Bank for violation of the Real Estate Settlement Procedures Act, negligence and breach of implied covenant of good faith and fair dealing.

According to the lawsuit, Mary Frank was married to Joe Frank for 46 years until he died on Sept. 3, 2011. Joe Frank allegedly did not have a will and there was never a probate case related to his estate. The plaintiff claims the couple owned a home “as husband and wife with right of survivorship" and that after her husband's death she became the sole title owner of the home.

After her husband died, the plaintiff claims she attempted to contact Chase about the status of her application for assistance and about the loan, but Chase representatives refused to communicate with her because she was not the “borrower” despite her efforts to prove she was. Mary Frank claims she never received an answer on her application or on her follow up through an attorney. The plaintiff claims JPMorgan Chase Bank raised her mortgage $110,000 higher than the original principal balance to due Chase’s non-compliance.

Frank is seeking declaration for Chase’s wrongdoing, economic damages, general damages, and statutory damages, along with court and attorney fees.

Kari Rudd and Juliana Fredman of San Francisco-based Bay Area Legal Aid represent Frank.

Northern District of California District Court Case 315-cv-05811

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