MARTINSBURG — Two Jefferson County property owners are suing a loan servicing company, alleging unlawful debt collection, unlawful failure to credit payments, breach of contract and tort of outrage.
Ian J. Titus and Kristina D. Titus filed a complaint in Jefferson Circuit Court, with the case later moved to U.S. District Court for the Northern District of West Virginia Martinsburg Division, against Select Portfolio Servicing Inc. It alleges the defendant continued to bill the plaintiffs and charge expenses to their account after foreclosing their property on Earle Road in Charles Town.
According to the complaint, between June 23, 2017, and Jan. 24, 2018, Ian and Kristina Titus have not received any correspondence transferring the property back to them after defendant sent a letter to the Office of the Attorney General stating that "as a courtesy, SPS is in the process of rescinding the foreclosure sale that took place on May 22, 2017.
The suit says the Tituses have been continuously billed for late fees, expenses, insurance, and taxes. The plaintiffs allege Select Portfolio Servicing never took action to record the foreclosure sale so that the Tituses could legally rescind it as suggested in the letter to the Office of the Attorney General.
The suit says the defendants also failed to account for proceeds of the sale, continued to assert an amount due on the account greater than the amount actually owed by the plaintiffs.
Ian J. Titus and Kristina D. Titus seek trial by jury, actual damages, statutory damages of $1,000 per violation, attorney fees and costs. They are represented by attorney Stephen G. Skinner of Skinner Law Firm in Charles Town.
U.S. District Court Northern District of West Virginia Martinsburg Division, case number 3:18-CV-105
