BECKLEY – A Beckley man has filed a suit against two financial institutions alleging his home loan is illegal and is trying to prevent a foreclosure.
Harvey L. Smith filed a complaint on July 18 in Raleigh Circuit Court against Nationstar Mortgage LLC and Springleaf MLT 2013-2 through its trustee Wilmington Trust National Association alleging that they violated the West Virginia Mortgage Lender, Broker and Servicer Act and the West Virginia Consumer Credit and Protection Act.
According to the complaint, the plaintiff obtained a mortgage loan for $60,000 in 2008 from American General Financial Services, which was eventually transferred to Springleaf Financial Services and Nationstar in September 2014.
The plaintiff holds the defendants responsible because the defendants allegedly routinely diverted portions of his payments to a suspense or unapplied account, which is in violation of the WVCCPA.
The plaintiff requests a trial by jury and seeks compensation for actual damages, costs of this litigation, attorney fees and such other relief to which he may be entitled. He is represented by Gary M. Smith of Mountain State Justice Inc. in Charleston. The case has been assigned to Circuit Judge Robert A. Burnside Jr.
Raleigh Circuit Court Case number 16-L-470