Unfortunately, our firm has had to file yet another lawsuit against NewRez, LLC d/b/a Shellpoint Mortgage for violations of mandatory deferment protections for deployed military personnel under California law.
A copy of the Complaint can be viewed by clicking HERE.
In this case, it is alleged that NewRez, LLC d/b/a Shellpoint Mortgage initially agreed with the client that deferment protections were being implemented, but when the client relied on their representations and made only escrow payments each month as mandated by the CMVC, the companies proceeded to falsely accuse the client of being in default and past due for several thousands of dollars during the months of deferment, threatened foreclosure based on the months of deferment, and submitted egregiously false credit reporting that the client was in default of several thousands of dollars for several months.
This appears to be a truly despicable bait and switch type of conduct designed to deceive the client into going into default.
As we have blogged before, based on the fact that multiple lawsuits have been filed against NewRez, LLC d/b/a Shellpoint Mortgage alleging similar shameful and bad conduct, it seems clear that they are flagrantly and deliberately refusing to comply with mandatory state laws that are intended to protect deployed military members.
California Military and Veterans Code (CMVC) § 800 et seq. is very clear in that it mandates deferment protections for servicemembers and their spouses who are called to active duty.
To qualify for a deferment, Servicemembers are required to provide a written request along with a copy of their Orders to the company that is their creditor.
So long as the foundational requirements are met, if any company fails to comply with the Servicemember’s written request, then that company is subject to damages caused to the Servicemember and his/her family, including actual damages as well as any and all emotional distress that results.
The California Military and Veterans Code also provides for reasonable attorney’s fees and expenses of litigation.
When a case like this comes before us, we are proud to take the necessary steps to further allow the Servicemember and his/her family to focus on their mission while we prosecute their civil case by seeking the actual and emotional damages caused by the company that failed to comply with the mandatory deferment protections.
PLEASE NOTE, however, that not every case is exactly the same, as all potential cases must be evaluated on their own based on their own facts and circumstances. Success in one case does not necessarily guarantee success in another case of similar or like circumstances, so a confidential consultation is needed to discuss all facts and circumstances in order for us to provide a full analysis and legal opinion.