Mortgage company sued over Cypress property

A woman is suing after, she says, a mortgage company attempted to lure her into modifying her mortgage while at the same time foreclosing on her property.  

Beverly Harris filed a lawsuit on Jan. 6 in the Harris County District Court against Nationstar Mortgage, alleging fraud, breach of contract, trespass to try title, wrongful foreclosure and violations of the Deceptive Trade Practices Act.

Harris says that on Jan. 20, 2006, she purchased real property at 26303 Watercypress Court in Cypress by securing a loan through GMAC Mortgage Corp. On May 25, 2010, GMAC transferred the deed of trust to the defendant.

Harris says that she modified her loan prior to the transfer, paying GMAC with two checks it deposited. According to the brief, the defendant attempted to bait Harris into signing another loan modification while proceeding with a foreclosure on her property.   

Harris is seeking actual, consequential and exemplary damages, as well as attorney’s fees and court costs. She is being represented in the case by Houston attorney James Fowell.

Harris County District Court Case No. 2010-00773.

This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.