Couple accuse Bank of America of predatory lending practices

CHARLESTON - A couple are suing Bank of America after they claim it participated in predatory lending practices and caused them damages.

Specialized Loan Services LLC was also named as a defendant in the suit.

On April 23, 2007, Roger L. Justice and Patty G. Justice obtained financing through Countrywide Home Loans to purchase real property located in Lincoln County with payments beginning June 1, 2007, according to a complaint filed April 16 in Kanawha Circuit Court.

The Justices claim the loan was assigned, sold or transferred to Bank of America in 2009 and in 2010, Bank of America began charging them for a Privacy Assist Premier Service without their authorization.

On June 2, 2010; July 14, 2010; and Aug. 2, 2010, Notices of Right to Cure Default were issued to the Justices by Bank of America and on Aug. 1, 2010, they began receiving collection calls from Bank of America regarding an alleged delinquency with their mortgage loan and they advised the defendant they were being represented by counsel, according to the suit.

The Justices claim in 2011 they were advised by Bank of America to "get ready for foreclosure" and on Nov. 23, 2011, Bank of America transferred the servicing rights of their home to Specialized Loan Services.

On June 20, 2012, a Notice of Default and Notice of Intent to Foreclose was issued by Specialized Loan Services to the Justices, according to the suit.

The Justices claim the defendants breached their contract by failing to accept and/or properly post payments they submitted to their account and for "forceplacing flood insurance on Plaintiffs' residence when Plaintiffs had adequate flood insurance coverage on their property in effect."

The defendants' actions were a breach of covenant of good faith and fair dealing and violated the West Virginia Consumer Credit and Protection Act, according to the suit.

The Justices are seeking actual damages and civil penalties. They are being represented by Anthony J. Majestro of Powell & Majestro PLLC.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-727