KINGWOOD – Two Martinsburg property owners allege their mortgage servicers used illegal and abusive loan servicing practices.
R. April Higginbottom and A. Phillip Higginbottom filed a complaint Sept. 25 in Preston Circuit Court against Selene Finance LP and Wells Fargo Bank NA citing misrepresentations, threats and unfair conduct, illegal debt collection and other counts.
According to the complaint, the plaintiffs purchased their home in 2004 and refinanced the mortgage the following year through Wells Fargo. The suit states Wells Fargo offered them a loan modification in 2009, and the loan was sold to Selene in January.
The plaintiffs holds Selene Finance LP and Wells Fargo Bank NA responsible because the defendants allegedly failed to modify their loan, directed them not to make payments while waiting for the consideration of their loan modification and moved to foreclose their property without providing a notice of right to cure their deficiency.
The plaintiffs request a trial by jury and seek actual and punitive damages, attorney's fees costs and such other just and equitable relief. They are represented by Lydia C. Milnes and Jennifer Wagner of Mountain State Justice Inc. in Clarksburg.
Preston Circuit Court case number 17-C-118