West Virginia Record

Monday, February 24, 2020

Woman sues Selene Finance for illegal debt collection

By Kyla Asbury | Aug 11, 2017

General court 10

CHARLESTON – A woman is suing Selene Financing after she claims it illegally foreclosed on her home.

On April 25, 2007, Detria Waller purchased a home in Dunbar, according to a complaint filed May 30 in Kanawha Circuit Court and removed to federal court on July 17.

Waller claims the address for the property had previously been updated by 911 services.

On April 25, 2007, Waller obtained a Federal Housing Administration mortgage loan which was later transferred to Bank of America.

Waller claims she requested assistance with her mortgage payments from Bank of America and, in the summer of 2014, she was approved for a loan modification subject to a three-month trial plan with payments of $693.38 and, in August 2014, the loan was transferred to Selene.

The plaintiff contacted Selene to inquire about her permanent modification and was told by Selene that it would take several months to locate the paperwork, according to the suit.

Waller claims the agent instructed her to make loan payments in the interim of approximately $764.

Selene sent monthly billing statements to the plaintiff, which misrepresented the amount of her monthly payments and she made the higher payment as instructed by Selene, however, the monthly billing statements did not show that her payment was received by Selene or credited to her account, according to the suit.

Waller claims Selene encouraged her to apply for another loan modification, but denied her requests for assistance.

On April 18, Selene foreclosed on the plaintiff’s home and purchased the property from the foreclosure sale, according to the suit.

Waller is seeking compensatory and punitive damages. She is being represented by Bren J. Pomponio of Mountain State Justice.

Selene is represented by Robert L. Bandy of Kay Casto & Chaney.

U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-03625

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Organizations in this Story

Kay Casto & Chaney PLLCMountain State Justice Inc