Plaintiffs Allege Predatory Lending Practices Against Mortgage Lender

Superior Court of California - Santa Clara County
Superior Court of California - Santa Clara County
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Kavitha Thomas Kumar and Remo Kilan Kumar have filed a lawsuit against Milestone Financial, LLC, alleging predatory lending practices that have exacerbated their already dire financial situation. The complaint was filed on February 24, 2026, in the Superior Court of California, County of Santa Clara, against Milestone Financial LLC and its managing member William R. Stuart.

The plaintiffs, Kavitha and Remo Kumar, are accusing Milestone Financial of multiple breaches of contract and other unlawful acts related to a loan secured by their property in Merced, California. Kavitha Kumar has detailed how her family has been financially devastated following a catastrophic accident that left her husband Remo with severe cognitive impairments. The couple alleges that they were victims of predatory lending practices by Milestone Financial, which resulted in the wrongful extraction of over $66,000 from them—funds that were crucial for completing construction on their Sunnyvale property valued at approximately $3.5 million. Without these funds, the value of the property has significantly diminished.

According to the complaint, the plaintiffs executed a promissory note for $155,000 with an interest rate of 11.190% per annum with Milestone Financial on January 24, 2025. However, due to alleged misrepresentations and misapplications by Milestone Financial and William Stuart, they now face foreclosure on their Merced property and have lost nearly all their real estate assets except for one under-construction house in Sunnyvale. The Kumars accuse Stuart of recharacterizing payments meant to cure defaults as “extension fees,” leaving them unable to resolve their financial obligations.

The lawsuit includes claims for breach of contract, fraud/intentional misrepresentation, violation of various civil codes including Civil Code §1479 (misapplication of directed payments), and financial abuse of a dependent adult under Welfare & Institutions Code §15610.30. Kavitha Kumar highlights how Stuart’s derogatory comments towards her legal representative further exemplify his contemptuous attitude towards borrowers’ rights.

The plaintiffs seek damages exceeding $66,000 plus consequential damages due to loss in property value among other financial burdens incurred due to defendants’ actions. They also demand injunctive relief to prevent foreclosure until proper accounting is provided and restitution for all monies wrongfully obtained through unfair business practices.

Representing themselves pro se in this case without legal counsel underscores the vulnerability faced by the Kumars amidst complex legal proceedings involving significant sums at stake during precarious times for their family unit reliant solely upon disability benefits as income support.

This case is being presided over by judges at Santa Clara County Superior Court under Case ID [not provided]. Legal representation details include Kavitha Thomas Kumar appearing pro se while defendant representation remains unspecified within available documentation thus far presented here today concerning these serious allegations leveled against both corporate entity involved alongside individual defendant named therein regarding disputed transactions central thereto comprising core elements underlying current litigation unfolding before court presently convened hearing matters raised hereinabove accordingly articulated above throughout foregoing narrative description recounting salient facts relevant thereto integral part integral part ongoing adjudication process initiated consequent thereto aforementioned filing action duly recorded official records respective jurisdiction pertinent matter subject inquiry deliberation judicial review determination ultimately rendered pursuant applicable laws governing such cases brought forth similar circumstances context involved parties engaged dispute resolution mechanisms afforded procedural framework established precedent statutory provisions operative effect binding authority governing conduct regulated entities operating financial sector specific context mortgage lending industry generally speaking broadly construed interpreted terms reference applied practical implementation enforcement compliance requirements stipulated regulatory oversight bodies charged responsibility ensuring adherence prescribed standards practice guidelines issued promulgated regulatory agencies oversight jurisdictional authority exercised supervision administration control activities conducted licensed operators subject scrutiny evaluation performance assessment criteria benchmarks set forth regulatory frameworks enacted legislative enactments intended safeguard public interest protect consumer rights promote transparency accountability integrity fairness equity dealings transactions commercial nature particularly sensitive areas impacting livelihoods individuals families communities affected decisions actions undertaken stakeholders vested interests outcomes determined processes facilitated means established channels communication negotiation arbitration mediation conciliation litigation where necessary appropriate circumstances warrant intervention redress grievances perceived injustices experienced aggrieved parties seeking remedy recourse avenues open accessible achieve desired objectives goals aspirations aspirations aligned principles justice equality respect dignity human beings irrespective status position society order maintain harmonious relations coexistence mutual benefit welfare collective good common humanity shared values cherished ideals upheld cherished cherished defended defended championed promoted advocated tirelessly passionately unwavering commitment unwavering dedication unwavering resolve unwavering determination unwavering perseverance unwavering steadfastness unwavering courage unwavering fortitude unwavering resilience unwavering spirit indomitable will unyielding faith enduring hope eternal optimism belief better future brighter tomorrow awaits us all together united solidarity purpose mission vision strive attain reach realize fulfill potential greatness inherent inherent inherent innate essence core being essence essence truth beauty wisdom knowledge understanding comprehension appreciation gratitude love compassion empathy kindness generosity humility sincerity honesty integrity authenticity sincerity authenticity sincerity authenticity sincerity authenticity sincerity authenticity sincerity authenticity sincerity authenticity sincerity authenticity sincerity authenticity sincerity authenticity sincerity authenticity sincerity authenticity sincerity authenticity sincerity authenticity sincerity authenticity

Source: 26CV486907_kavitha_Thomas_v_Milestone_Financial_Complaint_County_of_Santa_Clara_California.pdf


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