MELBOURNE – A Titusville consumer alleges his mortgage servicer added additional fees and failed to disclose the basis for them.
Robert R. Jankovich filed a complaint on March 3 in the
18th Judicial Circuit Court of Florida - Brevard County
against Ditech Financial LLC, formerly known as Green Tree Servicing LLC, citing the
Real Estate Settlement Procedures Act.
According to the
complaint, the defendant filed a foreclosure action against the
plaintiff in October 2012. The suit states the foreclosure action was
dismissed in 2015 and that plaintiff has been paying the mortgage
through a modification plan. The suit states the defendant added fees to the monthly payment amount after the modification plan had been approved, which the plaintiff claims was not permissible. The plaintiff holds Ditech Financial
LLC, formerly known as Green Tree Servicing LLC, responsible because the defendant
allegedly failed to timely acknowledge plaintiff's qualified written
request, failed to investigate and correct the account errors, and
failed to disclose the basis for the additional fees.
plaintiff requests a trial by jury and seeks judgment against defendant,
declaratory relief, statutory, actual and punitive damages, costs of
litigation and attorneys' fees, interest, and further relief as justice
may allow. He is represented by Catherine J. Jones of LegalNinja LLC in
Titusville, George M. Gingo of Brevard Consumer Law Center in Titusville
and Lillian Clover in Titusville.
18th Judicial Circuit Court of Florida - Brevard County Case number 6:17-cv-00378