FAYETTEVILLE — A Fayette County homeowner is suing loan lending company, alleging fraudulent representation.

Barbara Ortiz filed a complaint April 9 in the Fayette Circuit Court against Wilmington Savings Fund Society, FSB, doing business as Christiana Trust as owner trustee of The Residential Credit Oppurtunities Trust III, et al. alleging the defendants failed to disclose information that comply with West Virginia law.

According to the complaint, in 2003, Ortiz sought a loan primarily to enable negotiation of a settlement of the second judgment lien. Unbeknownst to plaintiff, the suit says, the loan offered by the defendants was filled out by the broker with a fraudulently inflated home value and a misrepresentation that it was fixed rate loan. 

Ortiz says the loan origination involved many exploitative and confusing features that failed to pay off a judgment lien that immediately place the home at 56 Hailee Lane, Scarboro, in danger of foreclosure from the judgment creditor. 

The plaintiff alleges the defendants failed to disclose adequately the nature of the terms of the agreement, failed to seek out and obtain credit on the best terms available and charged excessive fees.

Ortiz seeks trial by jury, actual damages, civil penalties of $1,000 for each violation, attorney fees, costs of litigation and all other relief the court deems equitable. She is represented by attorneys Jed R. Nolan and Bren Pomponio of Mountain State Justice, Inc. in Beckley.

Fayette Circuit Court case number 18-C-73

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