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Friday, March 29, 2024

Putnam Co widower accuses loan servicer, trustee of contract breach

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WINFIELD — A Putnam County widower is suing loan servicer and trustee, alleging unconscionable conduct and breach of contract.

Freddie L. Wood of Hurricane filed a lawsuit Sept. 12 in Putnam Circuit Court against Caliber Home Loans Inc., US Bank Trust NA, as a trustee LSF9 Master Participation Trust, alleging they interfered with his right to reinstate by creating unnecessary increased arrearage.

According to the complaint, in 2012, Wood, who can't read, defaulted in his house payment following the death of his wife. In December 2015, the suit says, Wood requested Caliber for assistance with his mortgage payment. The lawsuit states he has the ability to make monthly payments but was unable to produce a large payment for his arrearage. 

His home was set for a foreclosure sale Sept. 20. 

Wood alleges the defendants rejected his payments and refused to consider him for payment assistance.

Wood seeks trial by jury, declaration that both defendants are jointly and severally liable, prohibiting the foreclosure sale of his property, compensation for all damages and all other relief. He is represented by attorney Bren J. Pomponio of Mountain State Justice Inc. in Charleston.

Putnam Circuit Court Case number 16-c-221

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