A Cook County couple is suing a mortgage lender for allegedly preventing them from refinancing to avoid foreclosure.

Salvador and Nancy Rodriguez, of Brookfield, filed a lawsuit Sept. 30 in Cook County Circuit Court against CitiMortgage Inc., alleging violations of the Illinois Consumer Fraud and Deceptive Business Practices Act.

According to the complaint, in 2012 the plaintiffs applied to CitiMortgage for help with their monthly mortgage payment under the Troubled Asset Relief Program (TARP) and the Home Affordable Modification Program (HAMP), two federal programs in which CitiMortgage participated.

The Rodriguezes' application for help was denied several times, forcing them to declare bankruptcy, the suit says. The lawsuit states CitiMortgage failed to follow the rules of HAMP and withheld information about available assistance, which ultimately led to the plaintiffs eviction from their home.

Salvador and Nancy Rodriguez seek a jury trial, a declaration the defendant’s practices are unlawful, actual and punitive damages to be determined at trial and attorney fees. They are represented by attorneys Sandra M. Emerson, Matthew C. Swenson and Richard F. Kohn of Emerson Law Firm in Oak Park.

Cook County Circuit Court case number 2015-L-009930.

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