WHEELING – Two homeowners and a co-signer allege that they were damaged by the actions of loan servicers.
Kristy Hercules, Carla Stewart and Jeffrey Stewart filed a complaint Sept. 21 in Ohio Circuit Court against Select Portfolio Servicing Inc., Bayview Loan Servicing LLC and U.S. Bank National Association citing fraud as a contract defense, unenforceable obligation, breach of contract and other counts.
According to the complaint, the Stewarts purchased a home and Hercules was a co-signer on the loan. The suit states the Stewarts made payments for seven years and then learned the mortgage was originated in Hercules' and another party's names and that the deed gave them no ownership in the home. The suit states the loan was transferred to Select Portfolio Servicing Inc. and Bayview Loan Servicing LLC, which did not accept the Stewarts' payments and eventually attempted to foreclose on the home.
The plaintiffs holds Select Portfolio Servicing Inc., Bayview Loan Servicing LLC and U.S. Bank National Association responsible because the plaintiffs allege that they would not have entered into the transaction had they known the Stewarts were not given the ownership of the property.
The plaintiffs request a trial by jury and seek actual damages, maximum civil penalties, attorney's fees, costs and such other just and equitable relief. They are represented by Jennifer S. Wagner of Mountain State Justice Inc. in Clarksburg.
Ohio Circuit Court case number 17-C-268