Retired coal miner alleges mortgage loan business violated agreement

By Philip Gonzales | Sep 23, 2016

RIPLEY — A retired coal miner is suing a mortgage loan servicer, alleging failure to credit payments.

Alan Gerwig of Cottagesville filed a lawsuit Sept. 12 in Jackson Circuit Court against Ditech Financial LLC, alleging violation of the settlement agreement.

According to the complaint, in 2014, Gerwig entered into a settlement agreement with the defendant's predecessor that his mortgage loan would be modified for payments of $630.07. The suit says he has been damaged due to Ditech Financial's refusal to credit his payments against the amount due. 

The plaintiff alleges Ditech Financial misrepresented that his account was in default and reported negative credit information regarding his account to credit reporting agencies.

Gerwig seeks trial by jury, compensation for all damages, attorney fees and court costs, plus all other relief. He is represented by attorney Bren J. Pomponio of Mountain State Justice Inc. in Charleston.

Jackson Circuit Court Case number 16-c-80

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