Annie Hunt Apr. 14, 2016, 4:54pm


PHILADELPHIA — A couple's suit against their mortgage provider alleges fraud, breach of contract, and violation of various consumer-protection provisions.

Joseph W. Prince and Betty Jo Prince filed a lawsuit on April 4 in the U.S. District Court for the Eastern District of Pennsylvania against BAC Home Loans Servicing LP, Bank of America NA, Citimae Inc., and Mortgage Electronic Registration Systems, citing violations of the Truth-in-Lending Act, violations of the Fair Debt Collection Practices Act, violation of the Unfair Trade Practice and Consumer Protection Law, breach of contract, unjust enrichment, wire fraud, violation of the Real Estate Settlement Procedures Act, theft, conversion, fraud, duress, and undue influence.

According to the complaint, the Princes executed and delivered a note and mortgage to Arbor against the property located at 778 Mill Road, Yardley, Pennsylvania, on Dec. 12, 1991. The plaintiffs claims that throughout the life of the loan, the defendants have demanded erroneous amounts due in seemingly random months. The defendants have allegedly refused to provide any reason for the fluctuation.

The Princes reportedly suffered financial hardship in 2010 and sought a loan modification, to which the defendant failed to respond.

On March 29, 2010, BAC Home Loans allegedly instituted a foreclosure proceeding against the plaintiffs. The subject was discontinued on Sept. 1, 2015, and was settled when the plaintiffs claim they agreed to a horrible loan modification to protect their home from foreclosure.

The Princes seek punitive and/or treble damages, damages as permitted by statutes, and counsel fees. They are represented by Joshua Thomas of Joshua L. Thomas & Associates, in Pocopson.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-01544-LDD

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U.S. District Court of Eastern District of Pennsylvania
601 Market Street
Philadelphia, PA 19106

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