Lending services sued for alleged violation of consumer law

By Lhalie Castillo | Jun 23, 2016

PRINCETON — A woman is suing Specialized Loan Servicing LLC and FV-1 Inc., lending services, citing breach of contract and alleged violation of laws governing mortgage lending and consumer credit.

Diana Woodard filed a complaint on May 31 in Mercer Circuit Court against the defendants, alleging that they refused to accept her payments for property and recommended that the house be foreclosed.

According to the complaint, the plaintiff alleges that in 2003, she secured a loan from BB&T through her then-mother-in-law, Dreama St. Clair, for the property known as 289 Tristan Lane, Princeton. Part of the requirement was that plaintiff should give the land's deed of trust as collateral and that St. Clair would be the one to send payments to BB&T, the suit alleges, adding that the plaintiff was labeled a signatory to the deed of trust and a borrower. BB&T was aware that it was the plaintiff who would pay for the loan, the suit claims, adding that the transactions between the plaintiff and BB&T went on for 11 years, until SLS took over. SLS refused to accept the February 2015 payment for the reason that the plaintiff was not St. Clair, the suit says, adding that the plaintiff explained the background of the agreement and noted that St. Clair had developed dementia and was in a nursing home. The defendant still refused to accept payments from plaintiff for 15 months and later on recommended the home to be foreclosed, the suit alleges. The plaintiff holds Specialized Loan Servicing LLC and FV-1 Inc. responsible because the defendants allegedly refused to accept the explanation of the plaintiff and give consideration as to why St. Clair could no longer perform her duties. SLS also refused to receive payments from the plaintiff despite the plaintiff being labeled as a borrower in the agreement between BB&T and the plaintiff, the suit says

The plaintiff requests a trial by jury and seeks actual damages and costs of this litigation including reasonable attorney fees. She is represented by Gary M. Smith of Mountain State Justice Inc. in Charleston.

Mercer Circuit Court Case number 16-c-174-D3

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