Unfortunately, our firm has had to file multiple recent lawsuits against Lakeview Loan Servicing, LLC; LoanCare, LLC; Lendmark Financial Services, LLC; and Carrington Mortgage Services, LLC for blatant violations of deployed military servicemembers’ rights pursuant to California Military & Veteran’s Code § 800.
Each lawsuit alleges that, after our clients submitted written requests to invoke their statutory rights to deferment of principal and interest pursuant to C.M.V.C. § 800, each company failed to provide written responses within the required 30 day deadline. Therefore, Section 813 of the C.M.V.C. mandates that our clients are entitled to the deferment relief requested and each company therefore waived any ability to object or deny the requested relief.
Each lawsuit alleges that, despite mandatory application of deferment pursuant to C.M.V.C. 813, each company began accusing our clients of going into default, including some companies going so far as to threaten foreclosure even though it is blatantly obvious that our clients are protected from foreclosure not only pursuant to the C.M.V.C. but also pursuant to federal SCRA laws.
Some of these recently filed Complaints can be found in the Lakeview and LoanCare complaint, the Lendmark Financial complaint, and the Carrington Mortgage complaint.
To put it mildly, it seems to us that there are many mortgage companies in this Country that simply have no respect for our deployed military servicemembers and have no intention of honoring deployed military servicemembers’ mandatory statutory protections for deferment.
If these issues sound familiar to something you are experiencing, please do not hesitate to contact our firm for a free and confidential evaluation of whether your rights have been violated as well.