FAYETTEVILLE – Two Meadow Bridge
homeowners are suing over their mortgagee's allegedly fraudulent
handling of their mortgage account.
Mary R. McClung and Gail R. McClung
filed the suit April 25 in Fayette County Circuit Court against Bank
The McClungs purchased their home in
1999 using a loan from United Bank of Virginia, the suit states, and on Oct. 8, 2009, they
refinanced the property with Bank of America. According to the complaint, in 2010 they filed for
Chapter 7 bankruptcy, stating in the papers that they intended to
retain the property and reaffirm the loan with Bank of America.
At some point in 2012, the suit states, Bank of America reversed five payments made by the McClungs
to make it appear that they were in arrears.
Even though the McClungs requested an
explanation for the modifications to their account, Bank of America
has not responded, according to the complaint. They allege that they have suffered
actual damages as a result.
The counts against Bank of America are
illegal refusal to credit payments, unconscionable means to collect,
illegal debt collection, slander on title, fraudulent
misrepresentation and breach of contract.
The McClungs seek maximum civil
penalties, actual and punitive damages, attorney fees and court
costs, appropriate equitable relief, and a court order that Bank of
America cease all collection activities against the McClungs and
ensure no negative reporting to credit agencies about the situation.
They also seek a trial by jury.
They are represented by Bren J.
Pomponio of Mountain State Justice Inc. in Charleston.
Fayette County Circuit Court Case