Homeowners accuse loan company of unconscionable debt collection

By Robert Hadley | Apr 13, 2016

RIPLEY – A Jackson County couple is suing the servicer of their mortgage loan, claiming the firm has orchestrated a foreclosure on their property.

Robbie Boggess and Elizabeth A. Boggess filed a lawsuit March 28 in Jackson Circuit Court against Ocwen Loan Servicing LLC, alleging loan servicer abuse and breach of contract.

According to the complaint, Ocwen has repeatedly force-placed hazard insurance on the Boggess’s account, despite the plaintiffs' maintenance of their own property insurance. The suit says Ocwen refuses to apply the plaintiffs’ mortgage payments until the insurance costs in an escrow account are paid off. As a result, the Boggesses claim they are now thousands of dollars in arrears, despite allegedly making all payments required by their 2011 loan modification.

The Boggesses seek a jury trial, actual damages, civil penalties and litigation costs. They are represented by attorneys Sarah K. Brown, Bren J. Pomponio and Daniel F. Hedges of Mountain State Justice in Charleston.

Judge David W. Nibert is assigned to the case.

Jackson Circuit Court Case number 16-C-16

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