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.
The 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