Couple sues CitiMortgage for breach of contract

CHARLESTON--A Kanawha County couple is suing CitiMortgage Inc. for breach of contract and violations of the West Virginia Consumer Credit and Protection Act.

In 2006, Harold A. Phillips and Maggie M. Phillips purchased property on Ridgeview Drive in South Charleston, but continued to hold title to the property they previously had lived on, according to a complaint filed April 14 in Kanawha Circuit Court.

When Mr. Phillips became ill, the couple was unable to timely perform their obligations with respect to the two loans they held with CitiMortgage, according to the suit.

The couple claims the defendant continually encouraged them to apply for loan modifications, but when they would apply they would get denied.

In May 2009, Mr. and Mrs. Phillips secured a buyer for the property, but in June 2009, the defendant notified them that the house had been sold at a foreclosure proceeding and canceled the contract with the prospective buyer, according to the suit.

The couple is seeking compensatory damages. They are being represented by Dana F. Eddy.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 10-C-707