Judge dismisses foreclosure action against Prescott coupleJudge Joseph Boles dismissed a foreclosure action brought by JP Morgan Chase Bank against Steven J. and Sharolynne Atkins, N4893 1100th St., Prescott.
Judge Joseph Boles dismissed a foreclosure action brought by JP Morgan Chase Bank against Steven J. and Sharolynne Atkins, N4893 1100th St., Prescott.
According to background in the decision, the Atkinses fell behind on their mortgage in 2009. They negotiated with the finance company to modify the terms of the mortgage and were approved for modification in December 2009. They signed the agreement in January 2010.
According to the judge’s decision, the couple made all the payments required by the modification agreement since June 2009. But in August 2010, the bank began rejecting the $719 monthly payments, returned the check and began foreclosure proceedings. JP Morgan claimed the modification agreement was not valid because Sharolynne Atkins’ signature was not dated.
Boles found the loan modification agreement was a valid contract, the signatures had been notarized and Atkins’s failure to print a date by her signature did not invalidate the agreement.