Man sues CitiFinancial for failure to release lien
Kyla Asbury Oct. 31, 2011, 6:15am
HUNTINGTON -- A Cabell County man is suing CitiFinancial, Inc., after he claims the company has refused to release a lien on his property.
On June 30, 1998, Charles I. Carroll Jr. obtained a loan from the defendant in the amount of $38,519.25, according to a complaint filed Sept. 27 in Cabell Circuit Court.
Carroll claims he secured the loan by a Deed of Trust and it was recorded in the Cabell County Clerk's Office.
In 1999, Carroll filed for Chapter 13 bankruptcy and his debt on the property was reduced, paid in full and approved by the court as part of the Chapter 13 plan, according to the suit.
Carroll claims since 2004, the defendant has been notified several times to execute a release but has failed to do so.
Carroll "has entertained a sale of said property with PWR Properties, LLC," according to the suit, but when PWR Properties performed a title search on the property, it was found that due to the failure and/or refusal of the defendant to release the lien, Carroll has been unable to enjoy the benefit of his bargain.
The defendant has caused Carroll to suffer damages, according to the suit.
Carroll is seeking for the court to order CitiFinancial to execute a proper release or appoint a special commissioner to prepare and execute a proper release. He is being represented by Randall D. Wall.
The case has been assigned to Circuit Judge F. Jane Hustead.
Cabell Circuit Court case number: 11-C-719