Winfield couple alleges lending, mortgage companies violated law

By Philip Gonzales | Dec 21, 2016

WINFIELD — A Winfield couple is suing lending and mortgage companies, allegingunfair and unconscionable means of collection practices and wrongful foreclosure.

Giles Burgess and Reba Burgess filed a lawsuit Dec. 7 in Putnam Circuit Court against CitiMorgage Inc. and Nationstar Mortgage LLC, alleging they violated the West Virginia Code.

According to the complaint, on Aug. 25,  the Burgess property at 3 Planters Road was sold at a foreclosure sale, and CitiMortgage purchased it for only $39,000, way below its fair market value. The suit says Giles and Reba Burgess face eviction from their home causing them to suffer stress, annoyance and inconvenience. 

The plaintiffs allege the defendants denied the Burgesses' request for loss mitigation, proceeded with the foreclosure even though the plaintiffs did not receive Social Security benefits and continued to collect even though the plaintiffs' property had been sold at foreclosure.

The Brugesses seek trial by jury, compensation for all damages, litigation costs and all other just and equitable relief. They are represented by attorneys Sarah K. Brown, Bren J. Pomponio and Daniel F. Hedges of Mountain State Justice Inc. in Charleston.

Putnam Circuit Court Case number 16-c-293

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