MARTINSBURG – A couple is suing Midfirst Bank after they claim it wrongfully foreclosed on their home.
In 2005, Myra Fitzwater Armer Fitzwater Jr. were solicited to refinance their mortgage loan and they were told that they would receive a mortgage that would be insured by the U.S. Department of Housing and Urban Development’s Federal Housing Authority, according to a complaint filed Oct. 5 in Jefferson Circuit Court and removed to federal court on Nov. 13.
In January 2016, Myra Fitzwater lost her job and the loss of income significantly reduced the household’s income.
The plaintiffs claim they were able to continue making their payments for a few months using their retirement savings and then asked for assistance and were told to miss three payments before they could receive unemployment forbearance.
In March, the plaintiffs saw that they would owe more than $17,000 and knew they would not be able to afford that payment even if Myra Fitzwater was back to work, so they called and expressed concern to the defendant, according to the suit.
The plaintiffs claim in April, they were informed they were not eligible for a loan modification because they had not submitted all of the required documents. They were informed they would have to pay $18,628.82 in order to bring the mortgage loan current.
In October, the defendant scheduled a foreclosure sale on the Fitzwaters’ home, according to the suit.
The plaintiffs claim the defendants breached their contract and caused them damages.
The plaintiffs are seeking compensatory damages. They are being represented by Colten L. Fleu and Michael C. Nissim-Sabat of Mountain State Justice.
The defendant is represented by Randall L. Saunders and Ashley N. Barebo of Nelson Mullins Riley & Scarborough.
U.S. District Court for the Northern District of West Virginia case number: 3:17-cv-00139