Terra Alta man alleges settlement agreement regarding foreclosure of property was breached

By Philip Gonzales | Nov 1, 2017

KINGWOOD – A Terra Alta man alleges a loan broker and servicer breached a settlement agreement regarding his property.

KINGWOOD – A Terra Alta man alleges a loan broker and servicer breached a settlement agreement regarding his property.

Stephen F. Dubois filed a complaint Oct. 19 in Preston Circuit Court against James B. Nutter & Co. Carter & Roque Real Estate and Donald L. Carter Jr. alleging that they violated the West Virginia Consumer Credit Protection Act and other counts.

According to the complaint, the plaintiff currently resides in his late mother's home. The suit states that while his mother was alive, a reverse mortgage was executed in 2009 to raise funds for her care. The plaintiff's mother died the same year, and the suit states that Nutter stated her death constituted an event of default and "sought to initiate foreclosure" that the plaintiff contested.

According to the suit, the parties later entered into a settlement in 2016 and that Nutter was get three appraisals on the property as part of the settlement. The plaintiff alleges Nutter breached the agreement by failing to procure and provide appraisals of the property within the time frame.

The plaintiff requests a trial by jury and seeks an order enjoining the defendants from foreclosing the property, attorney's fees, costs and expenses and such other legal and equitable relief. He is represented by Avrum Levicoff of The Levicoff Law Firm PC in Pittsburgh, Pennsylvania. The case has been assigned to Circuit Judge Lawrance S. Miller Jr.

Preston Circuit Court Case number 17-C-115

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Preston Circuit Court The Levicoff Law Firm PC

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