Rivesville couple sues for mortgage firms for breach of contract, negligence

CHARLESTON -- A Rivesville couple is suing Wells Fargo and Federal Home Loan Mortgage Corporation after they claim the defendants have proceeded to foreclose their home, despite their ability to make payments.

Alan and Sandra Rosenberger purchased their home in 1994 and their home mortgage loan eventually was transferred to the defendant, according to a complaint filed April 20 in Kanawha Circuit Court.

The Rosenbergers claim in early 2009 Wells Fargo offered a loan modification and they accepted the modification. They claim they still struggled to make payments and Wells Fargo would call their home four and five times each day to demand payment.

On Jan. 5, Mr. Rosenberger contacted Wells Fargo about another loan modification and was accepted. The defendant advised they would postpone foreclosure on the Rosenberger's home, according to the suit.

The Rosenbergers claim Wells Fargo continued with the foreclosure anyway. They claim Wells Fargo owed a duty to them to exercise reasonable care and provide accurate information about the status of the loan account and breached its duty.

The Rosenbergers are seeking actual damages and civil penalties. They are being represented by Kevin Baker and Sarah K. Brown.

The case has been assigned to Circuit Judge Louis Bloom.

Kanawha Circuit Court case number: 10-C-744

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