Fresno property owner claims he was not advised of options to avoid foreclosure

By Noddy A. Fernandez | Jul 11, 2018

FRESNO – The owner of a Fresno property alleges that he was never contacted by his loan servicer or lender to discuss options to avoid foreclosure.

Khantry Chanthalangsy filed a complaint on June 4 in the Fresno County Superior Court against Ocwen Loan Servicing LLC, Mortgage Electronic Registration Systems Inc., U.S. Bank N.A. and Does 1 through 25 over alleged violation of California Homeowner Bill of Rights.

According to the complaint, on May 4, without notice, the deed of trust to his property was transferred and assigned all beneficial interests to U.S. Bank. The plaintiff alleges prior the transfer, the defendants never contacted him in person or by telephone of his default payment for his home loan to discuss options of avoiding foreclosure of his property 30 days before the notice of transfer. 

The plaintiff allege the defendants failed to comply with the express requirement of California Homeowners Bill of rights which mandates that a mortgage servicer must contact the homeowner, in person or by telephone, 30 days before recording a notice of default.

The plaintiff requests a trial by jury and seeks judgment for all damages, exclusive possession of the property, restitution, attorney's fees and costs of action.

Fresno County Superior Court case number 18CECG01950

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