A Lubbock County Justice of the Peace has sued her mortgage lender, accusing the company of foreclosing on her home with little or no regard for her legal rights. The lawsuit was filed April 5th by Aurora Chaides-Hernandez against Bank Of America Home Loans. The lawsuit says the company used to do business as Countrywide Home Loans Servicing LP.
Her lawyer is her husband, City Council member Victor Hernandez.
The case was filed in the 72nd District Court, with Judge Ruben Reyes presiding. Reyes is the same judge who administered Mr. Hernandez his oath of office when he was elected to City Council.
So far Reyes has not signed any documents in the case. Instead Judge Les Hatch signed a temporary restraining order under Texas Civil Procedure Rule 330, which allows one judge to temporarily act or sit in for another.
Earlier this month, official records indicated that the mortgage company was foreclosing on 2601 Valley View Drive, the same address listed by Chaides-Hernandez when she ran for re-election for her current term. The home has a taxable value of $326,482 according to the Lubbock Central Appraisal District.
The lawsuit asks the court to stop Bank of America "from taking arbitrary and capricious action to sell the Plaintiff's property ... until ... [she] has been afforded a full hearing in compliance with the due process requirements of the Constitutions of the United States of America and the State of Texas..."
Bank of America has not yet filed its side of the story in court records. Hernandez has not returned a call for comment.
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