WEST VIRGINIA RECORD

JACKSON - A Ripley couple are suing over claims that their mortgage modification was wrongfully denied.

Marcus L. Miller and Amy M. Miller filed a lawsuit Sept. 9 in the Circuit Court of Jackson County against Bank of America N.A., citing breach of contract, misrepresentations in debt collection, unconscionable debt collection and illegal return of payments.

The Millers say they applied for a loan modification and Bank of America denied the modificiation on Oct. 5. Prior to being denied, the Millers contacted Bank of America on multiple occasions, but Bank of America would not return their calls, according to the complaint.

The Millers allege that Bank of America told them that they would not accept monthly payments and would only accept payment in full. The defendant failed to engage in loss mitigation instead of foreclosure, made misrepresentations, breached terms within the deed of trust and engaged in unconscionable debt collection, according to the complaint.

Marcus and Amy Miller are seeking damages not to exceed $74,999.99. They are being represented by Mountain State Justice.

Circuit Court of Jackson County Case No. 13-C-103.