NEW CUMBERLAND — A Hancock County man says the lender who acquired his mortgage is ignoring a settlement reached with the prior firm by charging unlawful fees.
Robert L. Everhart filed a lawsuit Feb. 8 in Hancock Circuit Court against Caliber Home Loans Inc., alleging breach of contract, unlawful fees/charges and misrepresentations in debt collection and misapplication of debt payments.
According to the complaint, Everhart reached a court settlement several months ago with Beneficial West Virginia Inc. resolving a dispute over improper lending and debt collection conduct. However, the suit claims the new lender, Caliber Home Loans, has assessed $33 a month in ancillary fees on top of the amount agreed to in the earlier lawsuit with Beneficial. Everhart’s suit says the earlier agreement is binding on the new lender via a provision in the settlement specifying that it would be enforced on all successors and assignees.
Everhart seeks a jury trial and damages in an amount to be determined at trial. He is represented by attorney Sara Bird of Mountain State Justice Inc. in Clarksburg.
Judge James P. Mazzone is assigned to the case.
Hancock Circuit Court case number 16-C-14