CHARLESTON – An Ohio mortgage bank targeted in a West Virginia customer’s lawsuit wants to move the case from state court to federal court.
The petition was filed April 28 in U.S. District Court for the Southern District of West Virginia at Charleston.
In the original complaint, Vicki Elliot, by her power of attorney, Donald Elliot, filed a lawsuit March 18 in Kanawha Circuit Court against National City Mortgage Inc. and MBank Inc., alleging predatory lending, unconscionable inducement, breach of contract, illegal debt collection and estoppel.
Elliot’s suit claims PNC (then National City) used an inflated appraisal to garner a higher interest rate mortgage for her and her husband, and when his health failed and reduced their income, refused to refinance the loan and attempted to foreclose.
PNC, successor to National City via merger, claims the matter falls under federal jurisdiction because the plaintiff and defendant are in different states and the amount in controversy exceeds $75,000.
Elliot is represented by Sarah K. Brown and Brent J. Pomponio of Mountain State Justice in Charleston. PNC is represented by Charleston attorney Jennifer J. Hicks.
U.S. District Court for the Southern District of West Virginia at Charleston Case number 2:16-cv-04039