Harris County Case 2023-70372
Status: Active
Sam was very consistent about paying his mortgage. Then, in June and July 2023, his payments aren’t drafted from his account as they usually are. On July 27, 2023, finally realizing that the payments were not being properly drafted, Sam reached out to Zeus to determine why the error. He was informed that there was an internal issue with his payment and that due to the error, his Property had been posted for the August 2, 2023 foreclosure sale.
Sam was shocked that his Property had been posted because he had not received any notice from Zeus informing him that there had been an issue with his automatic draft. Additionally, he did not receive a notice of default, notice of acceleration, and notice of foreclosure sale. Despite the frustration, during his call with Zeus, he obtained a reinstatement amount and was told that if he could submit his payment before the scheduled sale, Zeus would stop the sale and allow Sam to resume normal payments. Accordingly, on that same day, July 27, 2023, Sam went to his bank and obtained a certified check in the amount of $6,121.37 and sent it to Zeus so that it would arrive prior to the 2nd of August.
Sam believed everything was ok; however, several days after the schedule sale, approximately August 5, 2023, Sam received an email from Zeus informing him that his Property was sold on August 2, 2023 because the check he sent bounced for insufficient funds. This immediately caused concern because, as stated, the check Sam was sent was certified funds. Thus, the check could not bounce.
Sam began reaching out to Zeus to find out what was going on and what he needed to do to get his house back. Unfortunately, Zeus has been non-responsive. It’s been nearly over 2 months and Zeus has not sent any communications to Sam; not even a notice of eviction.
Accordingly, Plaintiff alleges that Zeus wrongfully sold Plaintiff’s Property at a foreclosure sale to itself on August 2, 2023 in violation of the Texas Property Code, Deed of Trust and the TDCA.
Source: Plaintiff’s Original Petition, Application for Injunctive Relief, and Request for Disclosures filed 10/10/2023 (emphasis added)