MOUNDSVILLE — Two people formerly married to each other are suing Citimortgage Inc., a loan servicer, citing alleged illegal fees, misrepresentations and suppressions.
Richard L. Burgy Jr. and Heather Davis f/k/a Heather Burgy filed a complaint Aug. 15 in Marshall Circuit Court against Citimortgage Inc., alleging the loan servicer violated the West Virginia Code.
According to the complaint, the plaintiffs allege that on May 4, 2005, they first learned at the loan closing that they were being provided an adjustable interest rate and that their monthly payment would be $675 rather than $400 to $500 as they had been promised. In early 2016, they also learned that the value of their home at the time of the loan was lower than the amount of loan, they allege.
The plaintiffs hold Citimortgage responsible because the defendant allegedly assured them of a fixed interest rate, reassured them that the loan would be refinanced before the rate adjusted up, denied them the promise of refinancing and did not transfer the loan to plaintiff Davis' name as promised.
The plaintiffs request a trial by jury and seek compensation for all damages, attorney's fees plus costs of the litigation, and other relief. They are represented by Jennifer S. Wagner of Mountain State Justice inc. in Clarksburg.
Marshall Circuit Court Case number 16-c-152