BECKLEY – A Beckley man alleges his loan servicer denied his payments and attempted to foreclose on his home.
Lacy Parks filed a complaint Jan. 18 in Raleigh Circuit Court against Roundpoint Mortgage Servicing Corp. and John Doe Holder alleging illegal debt collection, failure to provide statement of account, breach of contract and other counts.
According to the complaint, the plaintiff obtained a Veterans Administration loan in 2015 that was assigned to the defendants for servicing. He alleges that in 2016, he became in arrears on his mortgage loan due to financial difficulties related to his post-traumatic stress disorder. He alleges he requested to pay extra each month to catch up, but the defendants told him to stop making payments and apply for a loan modification. He alleges the defendants denied his application and pursued foreclosure.
The plaintiff holds Roundpoint Mortgage Servicing Corp. and John Doe Holder responsible because the defendants allegedly used unfair and unconscionable means to collect a claim, failed to provide the plaintiff a statement of default charges and refused to accept the plaintiff's payments.
The plaintiff requests a trial by jury and seeks an order to enjoin the defendants from taking possession or scheduling foreclosure of his home, actual damages and attorney's fees. He is represented by Jed R. Nolan of Mountain State Justice Inc. in Beckley and Bren J. Pomponio of Mountain State Justice Inc. in Charleston. The case has been assigned to Circuit Judge John A. Hutchison.
Raleigh Circuit Court case number Q8-C-41
