By Molly English-Bowers | May 24, 2016

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 of America.

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 number 16-C-108

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