Homeowners claim violation of law in home loan servicing

By Philip Gonzales | Sep 2, 2016

BECKLEY — Two homeowners are suing Nationstar Mortgage LLC and Springleaf MLT 2013-2, through its trustee Wilmington Trust National Association, a loan servicing firm and fiduciary, citing alleged breach of contract and illegal debt collection.

Craig Dorsey and Priscilla Dorsey filed a complaint on Aug. 18 in Raleigh Circuit Court against the defendants, alleging that they violated the West Virginia Consumer Credit and Protection Act.

According to the complaint, the plaintiffs allege that on April 16, defendant Nationstar claimed that after five years of payments, they still owed more than $46,245.01 on a $43,750 loan. They were damaged by having to continue payments or face foreclosure and loss of home, the plaintiffs allege. The plaintiffs hold the defendants responsible for alleged routine diversions of portions of their payments to a suspense unapplied account, for allegedly not crediting unapplied amounts against their debt when received, for allegedly misrepresenting the balance on the deed of trust to their home and for allegedly requesting additional funds in excess of the contracted amount.

The plaintiffs request a trial by jury and seek appropriate equitable relief, actual and punitive damages, attorney's fees, costs and such other relief as the court deems equitable. They are represented by Carl W. Roop of Roop & Smith Law Office PLLC in Beckley.

Raleigh Circuit Court Case number 16-c-541

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