Ohio Couple Clips Loan Servicer For Actual, Punitive Damages In Suit Alleging Unnecessary Real Estate Tax Escrow 'Squeeze' Pushed Them Into F'closure

In Warren, Ohio, the Tribune Chronicle reports:

• In the midst of a soaring caseload that amounts to about 1,500 foreclosure cases a year in Trumbull County alone, it was the little guy who scored a recent victory over a mortgage holder, who even got hit with punitive damages on a counter claim.

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• Trumbull County Magistrate Jason Earnhart found in favor of Eric and Tami Freeman of Fowler Street, Cortland, against Equity One Inc., awarding the local couple $2,000 in compensatory damages, $500 for nominal damages, $2,500 for attorney fees and $10,000 in punitive damages.

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• According to his decision based on facts that came out in a trial last month, the Freemans borrowed $57,600 from Equity One in May of 1999. The Freemans paid monthly installments faithfully until July 2007, when their payment was returned.
• Equity One demanded $724 instead of $596, which was the normal payment. Since 2003, the couple had been paying their real estate tax on a tax installment plan with the Trumbull County treasurer because they had fallen behind, but they also informed Equity One that the payment plan was set up. By July of 2007, the Freemans were nearly done with the repayment installment plan, but Equity One continued to insist on the higher payments.
• Payments sent by the Freemans were returned. ''Instead of working with the Freemans, Equity One initiated the suit in February of 2008,'' Earnhart wrote. The Freemans filed a counter claim.

For more, see Owner wins mortgage case.