BECKLEY – A Prosperity couple is accusing their mortgage loan servicer and holder of predatory lending practices.
Paul and Lisa Smith filed a complaint on July 6 in the Raleigh Circuit Court against Real Time Solutions Inc. and US Bank NA as trustee for CVI Loan Trust I alleging unconscionable inducement and illegal loan.
According to the complaint, the plaintiffs purchased a home and closed on a loan in 1999. The plaintiffs holds Real Time Solutions Inc. and US Bank NA as trustee for CVI Loan Trust I responsible because the defendant allegedly induced plaintiffs to enter into a loan with excessive interest at 18 percent and that the parties have improperly credited payments from the plaintiffs over the life of the loan.
The plaintiffs request a trial by jury and seek an order declaring that the loan is unenforceable, actual damages, penalties, attorney's fees, costs and all further relief as the court may deem just and appropriate. They are represented by Daniel T. Lattanzi of Pepper & Nason in Charleston. The case has been assigned to Circuit Judge Robert A. Burnside Jr.
Raleigh Circuit Court case number 17-C-382