WHEELING – A man is suing JPMorgan Chase Bank after he claims it breached its contract with him by failing to apply loan payments and failing to give him a modification on his loan.
On Aug. 15, 2008, Jeremy Gump obtained and closed a first mortgage loan from the defendant in the amount of $74,300, according to a complaint filed June 27 in Marshall Circuit Court and removed to federal court on Aug. 7.
Gump claims in 2016, due to slow work and layoffs, he became behind on his mortgage payments and received notices threatening foreclosure.
In response, Gump contacted Chase and was told a loan modification packet would be sent to him to fill out and return, according to the suit.
Gump claims he received the packet, filled it out and returned it. He then filled it out and returned it several more times because Chase claimed it was not received and/or was incomplete.
The plaintiff was instructed by Chase not to make payments while the loan modification was in process and, accordingly, he did not, according to the suit.
Gump claims he was assured that Chase was working on his loan modification application, however, the process was subject to delay and dragged on.
The plaintiff has never received a decision on his application for loan modification and, due to the delay, on May 1, Gump’s girlfriend attempted to bring the loan current by making a $6,000 payment at their local Chase branch, but the bank refused to accept the payment, according to the suit.
Gump claims he then received a notice to vacate dated June 7 and was informed that his home was sold at a foreclosure sale on April 28.
The defendant’s actions were a breach of contract and bad faith, according to the suit.
Gump claims the defendants actions constitute fraud.
Gump is seeking compensatory damages. He is being represented by James G. Bordas and Jason E. Causey of Bordas & Bordas.
Chase is represented by Kendra L. Huff and Ashley N. Barebo of Nelson Mullins Riley & Scarborough.
U.S. District Court for the Northern District of West Virginia case number: 5:17-cv-00122