GLSP's Housing Cases Prevent Homelessness

Ms. Bertha Dukes bought a house with a 20-year mortgage.  She faithfully made the payments for 15 years.  She ran into some financial difficulties, which led her to file a bankruptcy.  The last five years of payments were made through the Chapter 13 bankruptcy trustee, but the mortgage was paid in full.  When the bankruptcy was completed and the mortgage paid off, Ms. Dukes' bankruptcy attorney wrote to the mortgage company for the warranty deed.  Despite repeated efforts by the bankruptcy attorney to obtain the warranty deed and satisfaction of the debt, they were never forthcoming.  The mortgage company initiated public advertising to foreclose on Ms. Dukes' property four separate times.  Finally, Ms. Dukes found help at GLSP.  A GLSP lawyer filed a petition for an injunction against the mortgage company in Superior Court, raising claims under the Fair Debt Collection Practices Act.  The mortgage company promptly settled, agreeing to cancel the security deed and turn over the warranty deed.  Ms. Dukes now has clear title to her home.  (Client stories are used with permission.  Photographs and names do not necessarily represent actual clients.)

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