West Virginia Record

Thursday, September 19, 2019

Huntington couple files suit to stop foreclosure

By Matt Russell | Jul 21, 2014

WAYNE -- A bank faces a lawsuit as a couple tries to prevent foreclosure on their home.

Jack C. Hardin and Joan M. Hardin filed suit June 19 in Raleigh Circuit Court against Branch Banking and Trust Co.

According to the complaint, the plaintiffs purchased a home in 1998 for $161,000 with a deed of trust assigned to the defendant. In 2013 the plaintiffs were struggling to pay their mortgage and filed for a forbearance and loan modification in May 2013 on the assumption the defendant would provide assistance on the mortgage.

However, the defendant sent a foreclosure notice in September 2013, that was returned unread, according to the suit.

A foreclosure sale was conducted Oct. 3 where the defendant purchased the home for $133,900.98 without the plaintiffs' knowledge, the suit states.

The Hardins are seeking for the Oct. 3 sale to be voided, costs and further relief the court deems appropriate.

They are represented by Charleston attorneys Bren J. Pomponio and Daniel F. Hedges of Mountain State Justice Inc.

Wayne Circuit Court Case No. 14-C-125

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