WHEELING – A Wheeling couple alleges that a title agency failed to record their deed in a timely manner.
Andrew Cooney and Dina Cooney filed a complaint Aug. 15 in Ohio Circuit Court against Capital Funding LLC, doing business as Capital Funding Title Agency, alleging negligence, breach of contract and fraud.
According to the complaint, the plaintiffs financed their home through Priority Mortgage Corp. in 2012 and the defendant charged them $1,619.60 for title services and insurance. They allege the defendant did not record the deed and deed of trust until eight months after the closing.
The plaintiffs allege that when they sought to refinance their home in October 2016, they discovered a federal tax lien on their property from the Internal Revenue Service filed against the former owner of their home. They allege because of the defendant's delay in recording the deed, they had to hire counsel to resolve the issue at a cost of more than $9,000.
The plaintiffs and seek judgment against the defendant in an amount to fully compensate them for their out-of-pocket expenses, damages, punitive damages and court costs. They are represented by Gerald E. Lofstead III of Spilman Thomas & Battle PLLC in Wheeling. The case has been assigned to Circuit Judge David J. Sims.
Ohio Circuit Court case number 17-C-236