CIVIL FILINGS: Lincoln County

By Harmon Marks | Jul 16, 2010

June 28
Corletta Rosie Watkins vs. Wells Fargo Bank dba Wells Fargo Home Mortgage
PA- Bren J. Pomponio; J- Jay M. Hoke
* The Branchland plaintiff alleges breach of contract and illegal debt collection in seeking jury awards. Watkins purchased her home in 1998 for $34,000. She complains she was "induced into a predatory loan ... based on an inflated appraisal" in September 2003, when her home, in fact, had depreciated in value. After filing a civil action against Wells Fargo in December 2007, claims stemming from origination and servicing of her loan resulted in a settlement agreement last February providing that Defendant pay her $40,000 "in exchange for (1) dismissal of the civil action; and (2) title to the Plaintiffs property." Watkins contends she had an opportunity last April to buy a new home, utilizing the Federal home buyer's tax credit of $6,500 with the agreed settlement money. She claims repeated requests for the settlement proceeds went unanswered and she was unable to meet the April 30 deadline for a tax credit. Her complaint seeks jury award of actual damage and a civil penalty of $4,400 for each violation pursuant to State lending laws, plus attorney fees and court costs.
Case number 10-C-74

July 6
Hansford Toppins vs. Citifinancial, Inc., & LVNV Funding LLC
PA- Daniel F. Hedges; J- Jay M. Hoke
* Toppins alleges Unlawful Debt Collection Practices, in violation of West Virginia Code 46A-2-127(d), resulting from his loan settlement agreement and release in December 2008. He had entered into a small loan in September 2006. Complaint seeks civil penalties of $4,400 for each violation of State lending laws, reasonable attorney fees and litigation costs, and such other relief a jury deems equitable and just.
Case number 10-C-77

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