Harahan couple fights Chase Home Finance claiming improper foreclosure

GRETNA – A Harahan couple is suing an international lender for allegedly improperly foreclosing on their home.

Jay Jesse and Phyllis Karmazin filed suit against Chase Home Finance LLC in the 24th Judicial District Court on March. 18.

The Karmazins claim Chase Home Finance improperly foreclosed on their home on March 20, 2012, and refused their request to reset and postpone the home's sale. The plaintiff alleges that the defendant said they have the right to foreclose on the home because they have original house note, endorsements of the note, a certified copy of the mortgage and an affidavit for a Chase representative. However, the Karmazins asserts there is not sufficient evidence for Chase to foreclose on the home because the original lender and named on the house note is “Mortgage Express” and not Chase. The plaintiffs put forward proof that Chase is not the original holder of the note because following Hurricane Katrina in 2006 they modified their mortgage with Mortgage Express, which is allegedly not noted in Chase’s records. In addition, the Karmazins allege they were not served with any paperwork by Chase and were thus noted as absent during the initial foreclosure proceedings.

The defendant is accused of improperly foreclosing on their home.

An unspecified amount in damages is sought for the defendant to show cause for an expedited foreclosure hearing, a preliminary injunction in a Sheriff sale of the home, stoppage of the seizure and sale of the home, a permanent injunction, expert costs, penalties and attorney’s fees.

The Karmazins are representing themselves in the case.

The case has been assigned to Division D Judge Walter J. Rothscchild.

Case no. 724-946.