CHARLESTON — A Cabell County homeowner is suing a mortgage servicing company, alleging unfair or unconscionable collection practices.
Kimberly Henry filed a complaint March 10 in U.S. District Court for the Southern District of West Virginia against Ocwen Loan Servicing LLC, alleging violation of the Fair Credit Reporting Act.
According to the complaint, in May 2014, Henry's home burned down in a fire. In August 2014, her insurer mailed a check to Ocwen Loan for $59,398.77. As a result of the defendant's conduct, the suit says, Henry has been annoyed, harassed, angered and was caused indignation and distress due to the fear of losing her home.
The plaintiff alleges Ocwen Loan Servicing has failed and refused to apply the insurance proceeds to her loan, has negatively reported her loan as delinquent to credit reporting agencies and has threatened to evict her from her home.
Henry seeks trial by jury, compensatory, punitive and statutory damages, cost of litigation and all other proper relief. She is represented by attorneys Ralph C. Young, Christopher B. Frost, Steven R. Broadwater, Jr. and Jed R. Nolan of Hamilton, Burgess, Young & Pollard PLLC in Fayetteville.
U.S. District Court for the Southern District of West Virginia Case number 3:17-cv-01789
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