CIVIL FILINGS: Jefferson County

By Jillian Kesner | May 28, 2010

May 7
Michael S. Locke v. Countrywide Home Loans Inc.
PA - Sara Bird; J - Sanders
* The plaintiff alleges wrongful foreclosure on his home after he began struggling with payments and was beset with foreclosure rescue scams. The defendant informed the plaintiff it would provide him with a loan modification, but failed to provide a realistic and sustainable modification for the plaintiff. After a series of requests for changes were reviewed and denied, the defendant informed the plaintiff that a new loan modification would be executed and delivered to him, but it never appeared. The plaintiff was unsuccessful in obtaining information when he called to inquire about the promised loan modification and payment procedure. Unbeknownst to the plaintiff, a foreclosure sale was conducted on Nov. 10, 2009, at which the property was purchased by efendant servicer for $153,000. The plaintiff is alleging unconscionable inducement, fraud, breach of contract and negligent misrepresentation. The plaintiff is requesting appropriate equitable relief and other such relief as deemed just.
Case number 10-C-148

May 12
Mark's Tank Cleaning, Inc. v. Randy Huffman, cabinet secretary of the West Virginia Department of Environmental Protection
PA - Sherman L. Lambert Sr.; J - Sanders
* The plaintiff brings action against the West Virginia Department of Environmental Protection for $23,040 for unpaid invoices for pumping, hauling and disposing of "leachate" from the Jefferson County Landfill. The bid for the project expired on Aug. 31, 2009. The plaintiff performed work after Aug. 31, 2009 until January 2010, without a written contract. The defendant suggested that payment to independent contractors is not required without written contract, even if substantial work is performed. The plaintiff claims that the defendant failed to adequately train and supervise their employees of the adverse financial consequences to contractors by offering and promoting implied contracts. The plaintiff is requesting exemplary and punitive damages in the amount of $10 million to make an example of the defendant to deter future misconduct. In addition to attorney fees and expense of litigation.
Case number: 10-C-51

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