CHARLESTON – A Vienna man is suing CitiMortgage, Inc., after he claims it breached its contract with him and participated in illegal debt collection.
On Feb. 10, 2010, Tracy A. Youmans entered into a settlement with CitiMortgage, wherein the defendant would deed a home and its property to him in consideration for him agreeing to dismiss a lawsuit that was pending, according to a complaint filed Feb. 22 in Kanawha Circuit Court.
Youmans claims on between Sept. 8 and Feb. 13, the defendant called him on at least seven occasions in an attempt to collect.
By demanding payment on indebtedness CitiMortgage knew that Youmans did not owe, it misrepresented the extent or amount owed, in violation of West Virginia code, according to the suit.
Youmans claims the defendant breached its contract with him.
The defendant, in the course of attempting to collect on alleged claims from Youmans, routinely billed him for illegal charges that are not authorized by agreement or law, in violation of West Virginia code, according to the suit.
Youmans is seeking actual damages and civil penalties. He is being represented by Daniel F. Hedges of Mountain State Justice and Hoyt Glazer and Jed Nolan of Legal Aid of West Virginia.
The case has been assigned to Circuit Judge Charles E. King.
Kanawha Circuit Court case number: 13-C-375