LOS ANGELES – A consumer alleges he attempted to apply for loan modification but was subjected to "years of unconscionable treatment" by a loan servicer.
Blaine Turner filed a complaint on Jan. 22 in the U.S. District Court for the Central District of California against Bayview Loan Servicing LLC and Manufacturers and Traders Trust Co., doing business as M&T Bank alleging violation of the Equal Credit Opportunity Act and other counts.
According to the complaint, the plaintiff applied for loan modifications with Bayview in October 2015 and January 2016. The suit states the defendants authorized foreclosure on his home in February 2016.
The plaintiff holds Bayview Loan Servicing LLC and Manufacturers and Traders Trust Co. responsible because the defendants allegedly failed to evaluate and make a determination on his applications with 30 days and failed to acknowledge the application was complete.
The plaintiff requests a trial by jury and seeks actual damages, statutory damages of no less than $10,000, punitive damages, court costs and any further relief the court grants. He is represented by Eric Andrew Mercer of Law Office of Eric Andrew Mercer in Sacramento.
U.S. District Court for the Central District of California case number 2:18-cv-00542-DDP-PLA