ELKINS – A woman is suing Ocwen Loan Servicing after she claims it violated the West Virginia Consumer Credit and Protection Act.
Deutsche Bank National Trust Company was also named as a defendant in the suit.
In September 2006, Audrey M. Collins was looking to purchase a new home for herself and her family and refinanced her home in Buckhannon for approximately $85,000, for the purpose of securing additional funds to pay for the new house, according to a complaint filed in Upshur Circuit Court and later removed to federal court.
Collins claims thereafter, she purchased a new home in Buckhannon for approximately $114,000.
On April 1, 2012, Ocwen began servicing both the loans and misrepresented the amounts due at least 32 times, according to the suit.
Collins claims Ocwen repeatedly collected or attempted to collect default charges or collection expenses at least 45 times.
In an attempt to ascertain precisely what was owed and how payments had been applied to her loans, Collins sent a certified letter on Aug. 16, concerning her loans and requested that Ocwen provide the servicing file for her loans, including her complete account history, escrow account history, valuations of her homes, records about calls, documents about loss mitigation and the identity of the holder of the loans, according to the suit.
Collins claims Ocwen accepted and signed for the certified letter, but ignored her requests and failed to validate the debt by providing loan information and failed to provide account and default charge statements.
The plaintiff is now facing foreclosure on her homes and, and, as a result of the illegal servings, she has suffered finance charges, fees, economic losses, annoyance, inconvenience, fear of loss of her homes and other damages, according to the suit.
Collins claims the defendants violated the West Virginia Wage Payment and Collection Act, caused her damages and breached their contract with her.
Collins is seeking compensatory and punitive damages. She is being represented by Michael C. Nissim-Sabat and Lydia C. Milnes of Mountain State Justice; and Jason E. Causey of Bordas & Bordas.
The defendants are represented by Jason E. Manning and Massie P. Cooper of Troutman Sanders LLP.
U.S. District Court for the Northern District of West Virginia case number: 2:16-cv-00113