PHILADELPHIA – A Pennsylvania man and a California woman have filed suit against their mortgage loan servicer over allegations that it forces borrowers to modify their loans on terms favorable to it.
John Kolenko and Jackie Barham filed a complaint on behalf of all others similarly situated on July 10 in the U.S. District Court for the Western District of Pennsylvania against Servis One Inc., doing business as BSI Financial Services Inc., alleging violation of the Real Estate Settlement and Procedures Act and other counts.
According to the complaint, the plaintiffs' mortgages eventually were serviced by the defendant and they allege the defendant has violated the RESPA with its policies.
The plaintiffs holds Servis One Inc. responsible because the defendant allegedly incentivizes its employees to force borrowers out of their homes or force borrowers to agree to loan modification terms that are beneficial to the defendant.
The plaintiffs request a trial by jury and seek pay damages, restitution and disgorgement, enjoin the defendant, court costs, interest and any further relief the court grants. They are represented by Edwin J. Kilpela, Benjamain J. Sweet and Kevin Abramowicz of Carlson Lynch Sweet Kilpela and Carpenter LLP in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case number 1:17-cv-00183-AJS