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Class Claims Homecomings Financial|Forecloses on Homes Without Notice

SAN BENITO, Calif. (CN) - Homecomings Financial and ETS Services foreclosed on houses without notice, a class action claims in Superior Court. The class includes people who have bought houses through co-defendant New Century Mortgage Corp. since Jan. 1, 2005.

The lead plaintiff claims that after falling behind in her payments, she and Homecomings "reached an agreement that would allow for the payment of specific sums in return for a cancellation of the trustee sale. Plaintiff made the payments, and the trustee sale was canceled." But then, "Without notice, and in blatant violation of California law, defendant Homecomings, working with defendant ETS, held an auction for the sale of (her) home sometime in November 2008. Prior to this action, these defendants failed to record or post a Notice of Trustee Sale as required by Civil Code section 2924 and 2924f, and yet apparently transferred the property to [defendant] U.S. Bank at this purported sale, or shortly thereafter."

The bank then evicted her, she says. She claims that "Homecoming and ETS systematically and routinely caused properties situated in California to be wrongfully and unlawfully to be foreclosed upon."

Lead plaintiff Francisca Guevara demands destitution, cancellation of the trustee's sale, an injunction and damages. She is represented by James Cracolice in San Benito Superior Court.

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