CHARLESTON – Everhome Mortgage Company is being sued by a West Virginia couple who claim it violated state code.
In May 1993, Donna K. Cramer and Robert M. Cramer entered into a loan agreement with the defendant’s processor who placed the Cramers into a mortgage of $53,100, according to a complaint filed Feb. 21 in Kanawha Circuit Court.
The Cramers claim the loan was secured by a deed of trust that declared that “the provisions in the Security Instrument for the Borrower to pay attorneys fees shall be void.”
The defendant has serviced the loan during the last eight to 10 years and over the course of the loan, the defendant has added many fees to the account not authorized by agreement and law, according to the suit.
The Cramers claim when they went to make final payment in August, Everhome provided them with a precise amount and they paid that amount and on three occasions in September and October, they communicated with the defendant by telephone and were informed they were fully paid.
Despite being fully paid, the deed of trust has never been released and on at least six occasions, Everhome has demanded payment from the Cramers, according to the suit.
The Cramers claim in May and January, they requested a copy of their account history and Everhome failed and refused to provide it for them.
Everhome has attempted to collect and has made demands for amounts not due on at least seven occasions in violation of West Virginia code, according to the suit.
The Cramers claim Everhome has breached its duty of good faith and fair dealing with them by routinely attempting to collect a debt they do not owe.
The defendant’s breach of duty was intentional, willful and/or wanton and caused the Cramers damages, according to the suit.
The Cramers claim the defendant attempted to collect and made demands for amounts not due on at least seven occasions in violation of West Virginia code.
The Cramers are seeking actual damages and civil penalties. They are being represented by Daniel F. Hedges of Mountain State Justice.
The case has been assigned to Circuit Judge Louis H. Bloom.
Kanawha Circuit Court case number: 13-C-368