Mortgage holder accuses Wells Fargo of abusive conduct

By Philip Gonzales | May 22, 2018

CHARLESTON — A Kanawha County man is suing Wells Fargo Bank, alleging oppressive debt collection practices.

David A. Rubio filed a complaint in Kanawha Circuit Court against Wells Fargo Bank NA, WV Trustee Services LLC and Reisenfeld & Associates LPA PLLC, alleging violation of the West Virginia Credit & Protection Act.

According to the complaint, after Rubio became in arrears on his home mortgage, the defendants began to engage in illegal collection activities through telephone. As a result of the defendants' conduct, Rubio says, he has been annoyed, inconvenienced, harassed and bothered. 

The plaintiff alleges the defendants caused his phone to ring repeatedly at unusual times, failed to afford him the right to cure his default and to reinstate his mortgage and proceeded directly to foreclosure without notifying him.

Rubio seeks trial by jury, all damages, costs of litigation and all other just and proper relief. He is represented by attorney Scott H. Kaminski of Kaminski Law PLLC in Charleston.

Kanawha Circuit Court case number 18-C-425

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