KINGWOOD – A Preston County woman is suing her mortgage
lender to stop an impending foreclosure, claiming abusive debt servicing.
Cynthia Burgess and Carl Sypolt filed a lawsuit May 12 in
Preston Circuit Court against Wells Fargo Bank N.A., doing business as Wells
Fargo Home Mortgage, alleging breach of contract and fraud.
According to the complaint, Burgess took out an FHA-insured
mortgage on her current home in 2013, with Sypolt, her elderly stepfather, as
co-signer. Without the plaintiffs’ knowledge,
Sypolt was made a co-owner and co-borrower of the home, the suit says.
When Burgess had to leave her job, the suit says, she
requested a loan modification from the defendant so she could keep the house.
However, the plaintiff claims she ran into red tape because her stepfather was
on the deed, and after several back-and-forth phone calls and alleged promises
to offer a reduced payment plan, the modification was ultimately denied.
The plaintiffs seek a jury trial, equitable relief, civil
penalties, actual damages, exemption of Sypolt from the debt and litigation
costs. They are represented by attorney Jennifer S. Wagner of Mountain State
Justice Inc. in Clarksburg.
Preston Circuit Court Case number 16-C-101