WEBSTER SPRINGS – Two consumers allege that their mortgage was serviced in bad faith.
Pamela Clutter and Joseph A. Clutter filed a complaint Sept. 15 in Webster Circuit Court against Carrington Mortgage Services LLC and Bank of America NA alleging breach of contract, misrepresentation and other counts.
According to the complaint, the plaintiffs reside in Cowen and purchased the home with a mortgage insured by the U.S. Department of Housing and Urban Development. The suit states in 2016, they contacted Bank of America and submitted a loan modification application in September 2016. The suit states that Carrington began servicing the plaintiff's loan in September 2016 but did not communicate with the plaintiffs until December 2016.
The plaintiffs holds Carrington Mortgage Services LLC and Bank of America NA responsible because the defendants allegedly repeatedly requested the same documentation that the plaintiffs had previously submitted, prolonged loss mitigation review and failed to look at loss mitigation alternatives prior to foreclosure.
The plaintiffs request a trial by jury and seek actual damages, plus penalties, litigation costs and expenses and all other relief as the court may deem just and equitable. They are represented by Michael C. Nissim-Sabat and Lydia C. Milnes of Mountain State Justice Inc. in Clarksburg.
Webster Circuit Court case number 17-C-26