Woman says Ocwen Loan Servicing wrongfully sent collection letters

By Kyla Asbury | Jun 4, 2013

HUNTINGTON - A woman is suing Ocwen Loan Servicing LLC after she claims it sent her collection letters that referenced a previously voided claim.

In August 2007, Sheila Clark finalized a settlement with Wells Fargo Bank, voiding a loan and deed of trust and on Nov. 14, 2007, the release of the deed of trust was recorded in the County Clerk's office, according to a complaint filed May 28 in Cabell Circuit Court.

Clark claims pursuant to the settlement agreement and release, she had no indebtedness to the defendant, but on July 16, 2009, Litton Loan Servicing sent her a collection letter claiming she owed $980.91 and on Nov. 2, 2011, it sent her another collection letter claiming she owed $320.40.

On Nov. 8, 2011, Ocwen sent Clark a collection letter, claiming she owed a current principal balance of $82,815.98, outstanding fees/expenses in the amount of $44,719.71 and requesting a payment of $18,604.50, according to the suit.

Clark claims on Nov. 28, 2011, she received another collection letter from Ocwen requesting a payment of $19,348.68.

Between Dec. 17, 2011, and Jan. 28, the defendant sent Clark 15 collection letters, each of which referenced the previously voided claim from the 2007 settlement, according to the suit.

Clark claims she received more than 15 telephone calls from Ocwen between January 2012 and present seeking to collect and each time she directed Ocwen's agent to speak with her counsel, but the defendant ignored her request.

Ocwen engaged in illegal debt collection and violated West Virginia Code, according to the suit.

Clark is seeking actual damages and civil penalties. She is being represented by Daniel F. Hedges of Mountain State Justice.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 13-C-363

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