Mantua couple continue to fight eviction notices

Nov 12 2013 - 6:34pm

BRIGHAM CITY -- A Mantua couple continues to battle to stay in their home despite foreclosure, eviction and losing two lawsuits.

Mable and Marty Seber have filed their latest suit in 1st District Court in Brigham City against three of the nation's largest banks, again accusing them of misleading and fraudulent behavior as to the terms of a $700,000 refinance of their home in 2007. The suit names as defendants Bank of America, JP Morgan Chase, and Bank of New York Mellon, as both their prior suits have.

Efforts to reach the Sebers were unsuccessful, their phone apparently disconnected at the Mantua home they still inhabit despite the years of litigation. The newest suit is filed pro se, meaning advocating on one's own behalf.

An eviction action was filed in the same 1st District Court earlier this month on almost the same day the Seber's filed their suit.

According to an affidavit from the process server, he served the notice of the eviction action on a man he believes was Marty Seber on Nov. 4 at the Mantua home. The man accused the process server of trespassing and refused to accept the "illegal paperwork."

The process server wrote, he left the papers on the ground where the man could see them after coming close to a physical altercation.

The eviction action was filed on behalf of the Bank of New York Mellon by a Salt Lake law firm, Matheson and Howell, also a defendant in the suit. The notice gave the Sebers five days to vacate the property from the Nov. 4 date of service.

"Yes, they are still on the property," Allison Barger said Tuesday of the Sebers.

A lawyer with Matheson and Howell, Barger filed the eviction papers. Of the Sebers suit against the banks and her firm, she said she could only say they had received notice of the suit and that lawsuits can sometimes delay eviction proceedings.

According to a version of the Sebers' suit filed in federal court, the first suit filed in 2009, the Sebers soon defaulted on the refinance loan when the variable interest rates charged on the loan rose.

Foreclosure began in 2009, but wasn't completed until December of last year while the suit was argued. The Sebers' lawyer who pressed that suit, Joseph Poulton, declined comment.

The suit was dismissed by U.S. District Judge Bruce Jenkins, who found the Sebers had not proven allegations of fraud and that statutes of limitation had also passed.

In the new version of the suit, now pending in 1st District Court before Judge Ben Hadfield, the Sebers argue that their loan was sold several times between the defendant banks and therefore became a security, subject to different regulation than a mortgage.

"A loan, once securitized is permanently converted into a stock," reads the suit. In the event of default, it is then written off as a tax credit, and "therefore the debt is discharged." The Sebers have also filed a request for Judge Hadfield to recuse himself from hearing the new lawsuit, since he dismissed an earlier version of it filed in the Brigham City court in February of this year.

The eviction notice includes a request for reimbursement of the estimated $2,000 a month to be made renting the Seber home, seeking restitution to be ordered at the rate of $65.75 a day.

Contact reporter Tim Gurrister at 801-625-4238, tgurrister@standard.net. Follow him on Twitter at @tgurrister.

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