CHARLESTON – A Glasgow homeowner alleges a mortgage loan holder improperly applied his payments.
John H. Buckley filed a complaint in Kanawha Circuit Court against Beneficial West Virginia Inc. alleging negligence, misrepresentation in debt collection and other counts.
According to the complaint, the plaintiff assumed the mortgage loan on a Glasgow property he inherited from his mother. He alleges that the defendant erroneously applied the payments he sent for the mortgage to the released second mortgage, which has placed him in arrears with the risk of foreclosure.
The plaintiff holds Beneficial West Virginia Inc. responsible because the defendant allegedly breached its duty by applying payments to a satisfied loan.
The plaintiff requests a trial by jury and seeks declaration that the defendant breached the contract, actual and punitive damages, court costs and any further relief the court grants. He is represented by Sarah K. Brown, Bren J. Pomponio and Daniel F. Hedges of Mountain State Justice Inc. in Charleston. The case has been assigned to Circuit Judge Louis H. Bloom.
Kanawha Circuit Court case number 17-C-1683
