BECKLEY – A Beckley woman has filed suit to stop the foreclosure of her home.

Barbara Tigert filed a complaint in Raleigh Circuit Court against Ditech Financial LLC, and New Penn Financial LLC, doing business as Shellpoint Mortgage Servicing, alleging misrepresentation, failure to credit payments, breach of contract and other counts.

According to the complaint, the plaintiff applied for loan modification for her mortgage with Ditech Financial in March 2017. She alleges Ditech failed to provide confirmation of her submissions, failed to timely review the application, held her payments without crediting her account and failed to notify her when the application was complete.

The suit states the loan was transferred to Shellpoint and that Shellpoint has returned plaintiff's payments and scheduled a foreclosure on the property.

The plaintiff holds Ditech Financial LLC and New Penn Financial LLC, doing business as Shellpoint Mortgage Servicing, responsible because the defendants allegedly used fraudulent, deceptive or misleading representations to collect claims and Ditech failed to credit the plaintiff's payments.

The plaintiff requests a trial by jury and seeks actual and punitive damages, court costs and any further relief the court grants. She is represented by Sarah K. Brown, Jed R. Nolan and Bren J. Pomponio of Mountain State Justice Inc. in Charleston. The case has been assigned to Circuit Judge Andrew Dimlich.

Raleigh Circuit Court case number 17-C-924-D

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