CHARLESTON — A Charleston couple is suing a lender, loan company and mortgage holder, alleging fraud and abusive loan servicing.
Daniel Proctor and Cathy Proctor filed a lawsuit Dec. 30 in Kanawha Circuit Court against Wilmington Finance Inc., Ocwen Loan Servicing LLC and John Doe holder, alleging they induced them to enter into an unwise loan secured by their home.
According to the complaint, as a result of the defendants' acts, the Proctors have suffered inconvenience, emotional distress and fear of losing their home. The plaintiffs allege the defendants provided an inflated appraisal of the Proctor home of $119,000 when the actual price was $58,000, failed to identify the holder of the home mortgage and failed to provide an accounting history.
The Proctors seek trial by jury, declaration their loan is unenforceable, actual, incidental and consequential damages, attorney fees and court costs and all other equitable relief. They are represented by attorney Daniel T. Lattanzi of Pepper & Nason in Charleston.
Kanawha Circuit Court Case number 16-c-1937