West Virginia Record

Sunday, December 15, 2019

Property owner accuses financial lenders of breach of contract

By Noddy A. Fernandez | Apr 13, 2017

Contract 07

LOGAN — An Accoville property owner is suing financial lenders, alleging breach of contract in illegal practices to collect debt.

Myrtice Washington filed a complaint March 23 in the Logan Circuit Court against Ditech Financial LLC, and U.S. Bank, NA, alleging they breached their contract by failing to properly apply the plaintiff's payment in accordance with the terms of the consumer credit transaction.

According to the complaint, on Aug. 31, 1995, Washington agreed to purchase a home in Accoville and contracted with Ditech Financial to finance the property. 

The suit says the disclosure agreement notes the borrower will pay monthly payments for 20 years until all payments are paid, amounting to $79,039.20. However, Washington says, her unpaid principal balance remains high and she still owes more that $5,000 despite having paid more than $90,000. 

The plaintiff alleges the defendants failed to properly explain the documents drafted to Washington, not giving the plaintiff reasonable opportunity to understand the transaction, created unreasonable terms to enable borrowers to pay down principal balance and face high interest charges and engaged in a pattern of predatory lending practices to make illegal consumer credit transactions.

Washington seeks trial by jury, actual and punitive damages, attorney fees, cost of litigation, pre-judgment interest and all other just relief. She is represented by attorney Loree Stark of Mountain State Justice Inc. in Charleston.

Logan Circuit Court case number 17-C-100-B

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Logan Circuit Court