CHARLESTON – A Notice of Removal has been filed in a lawsuit against U.S. Bank National Association after the defendant claims the case meets the $75,000 threshold to remove it to federal court.
John and Esther Stitt claim U.S. Bank National Association violated their mortgage contract, according to the complaint, which was filed March 14 in Kanawha Circuit Court.
The Notice of Removal was filed April 4 in the U.S. District Court for the Southern District of West Virginia at Charleston.
U.S. Bank National Association repeatedly misrepresented amounts due on John and Esther Stitt’s account and assessed a variety of illegal fees to the account, according to the suit.
The Stitts claim the defendant also refused to credit payments on the account by either returning payments or placing the payments in suspense and, rather than provide the Stitts with any assistance, the defendant ultimately chose to pursue foreclosure, in violation of their mortgage contract.
The Court has diversity jurisdiction over the case and U.S. District Courts have "original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000...and is between...citizens of different states," the Notice of Removal states.
The Stitts are seeking actual damages and civil penalties. They are being represented by Daniel T. Lattanzi, Jennifer Wagner and Bren J. Pomponio of Mountain State Justice Inc.
U.S. Bank National Association is being represented by Jared M. Tully of Frost Brown Todd LLC.
U.S. District Court for the Southern District of West Virginia at Charleston case number: 2:13-cv-07173