BECKLEY — A Beckley property owner is suing a mortgage loan business, alleging improper foreclosure and unjust enrichment.
A. Christine Rasnake filed a lawsuit Dec. 12 in Raleigh Circuit Court against Bayview Loan Servicing LLC, alleging the defendant fraudulently foreclosed the plaintiff's property.
According to the complaint, as a result of Bayview Loan's fraudulent activity, Rasnake has been financially injured for losing her property without being notified. The plaintiff alleges the defendant said that Rasnake had defaulted upon the promissory note secured by the deed of trust. The suit says Bayview Loan then accelerated and declared that all sums be immediately due and payable and unlawfully foreclosed, sold and purchased the plaintiff's property at a public auction.
Rasnake seeks trial by jury, declaration the foreclosure was null and void, that she is the true and lawful owner of the property, award for court costs and expenses and all other just and proper relief. She is represented by attorneys Christopher J. Winton and Mike Kelley of Ray, Winton & Kelley PLLC in Charleston.
Raleigh Circuit Court Case number 16-c-779