CHARLESTON – A lender defending a mortgage lawsuit is petitioning to move the case from state to federal court.
The Federal Home Loan Mortgage Corp. (Freddie Mac) filed the motion May 4 in U.S. District Court for the Southern District of West Virginia, Charleston Division
In the original complaint, Danny R. Collins and Mary Beth Collins filed for a restraining order June 12, 2015 in Jackson Circuit Court against Freddie Mac, Branch Banking & Trust Co. and Seneca Trustees Inc. to stop a foreclosure after they allegedly paid $2,000 in good faith for a loan modification.
Through attorneys, Freddie Mac argues the case falls under federal jurisdiction because the parties are in different states and the amount in question exceeds $75,000.
The Collinses seek a jury trial, a ban on foreclosure of their property, and reversal of unauthorized charges against their account. They are represented by attorney Tanya Hunt Handley of the Handley Law Office PLLC in Point Pleasant.
Freddie Mac is represented by attorney Danielle Waltz of Jackson Kelly PLLC in Charleston.
U.S. District Court for the Southern District of West Virginia Charleston Division Case number 2:16-cv-04151
