September 10, 2013

Man says credit union refuses to modify mortgage payments

An elderly Jefferson County man claims his credit union has failed to help him modify his monthly mortgage payments and has instead started foreclosure proceedings on his home.

Edward R. Chmieleski filed a lawsuit Aug. 29 in Jefferson County District Court against Mobile Oil Federal Credit Union.

In his complaint, Chmieleski alleges he wanted to borrow money from Mobile Oil Federal Credit Union. In 2008, he decided to borrow the money in the form of a home equity loan and immediately cashed out $90,000 from the loan, according to the complaint. The move caused his monthly mortgage payments to zoom from $1,000 per month to $1,800 per months, the suit states.

“He was disabled, over 70 and had income of only $2,200 a month,” the complaint says. “Over the next four years he used every asset he had to pay those large monthly payments. He went to MOFCU for assistance but with plaintiff only a few months behind, instead of helping him, they quickly began foreclosure proceedings.”

Before the home equity loan, Chmieleski had owed less than $100,000 on his home on Winzer in Beaumont, which he claims is worth more than $225,000.

“Now, MOFCU stands to gain a windfall from foreclosing on plaintiffs’ home,” the suit states.

Chmieleski alleges negligent misrepresentation, fraud, unjust enrichment and breach of fiduciary duty and duty of good faith and fair dealing against MOFCU.

Chmieleski seeks an order quieting the title to his property, plus unspecified damages, costs and other relief the court deems just.

Lynda S. Ladymon of the Law Offices of Lynda S. Ladymon in San Antonio will be representing him.

Judge Gary Sanderson, 60th District Court, has been assigned to the case.

Case No. B194-681