BECKLEY — A deceased man's son is suing a mortgage lender, citing alleged illegal servicing practices.
Thomas Atkins II, individually and as administrator of the estate of Thomas W. Atkins, filed a complaint on Aug. 22 in Raleigh Circuit Court against Nationwide Advantage Mortgage Company, alleging that the mortgage lender violated the West Virginia Consumer Credit and Protection Act.
According to the complaint, the plaintiff alleges that he paid monthly mortgage installments under the 2007 mortgage loan made to his father, Thomas W. Atkins, who died in August 2014. After some time, he asked the defendant to add him as an authorized person on the account and begin the steps to substitute him as the liable party, he alleges. The plaintiff holds Nationwide Advantage Mortgage Company responsible because the defendant allegedly refused to accept further payments and stopped communicating with him about the mortgage. The mortgage became delinquent and the defendant ordered foreclosure of the home by trustee's sale, the suit claims.
The plaintiff requests a trial by jury and seeks an order enjoining the defendant from the allegedly illegal practice, compensatory damages, attorney's fees, costs and such other relief. He is represented by Gary M. Smith of Mountain State Justice Inc. in Charleston.
Raleigh Circuit Court Case number 16-c-551