Raleigh County resident files suit against JP Morgan Chase

By Lhalie Castillo | Jun 17, 2016

BECKLEY — A Raleigh County resident is suing JP Morgan Chase Bank NA and loan servicing company Seterus Inc., citing alleged misrepresentation in debt collection, negligence and tortious interference.

Elcie Adams McCracken filed a complaint on May 23 in Raleigh Circuit Court against the defendants, alleging that they failed to assist her in modifying her loan, rejected her payments and caused the interest of the loan to build up.

According to the complaint, the plaintiff alleges that on Oct. 26, 2006, she secured a loan with Chase, which she had to pay monthly at $856.15. Plaintiff's income changed and she made several requests for Chase to modify her loan, she says. On June 15, 2015, she received a letter from Chase where she found out that her monthly payment was modified and increased to $892.46, she says, adding that Chase also refused to accept payments from the plaintiff and brought the issue to Seterus, which scheduled the foreclosure of the plaintiff's home. The plaintiff holds the defendants responsible because they allegedly refused to help the plaintiff in adjusting the loan despite requests and documents proving the change in her reduced monthly income. This resulted in the build-up of interest and the recommendation of the foreclosure of the plaintiff's house.

The plaintiff seeks maximum civil penalties for each violation pursuant to sections of the West Virginia Code, actual damages, reasonable attorney's fees and the cost of the litigation, appropriate equitable relief, actual damages, punitive damages and such other relief the court deems equitable and just,. She is represented by Bren Pomponio of Mountain State Justice in Charleston.

Raleigh Circuit Court Case number 16-C-330-B

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