FAYETTEVILLE – A Mount Hope consumer alleges a mortgage loan servicer is attempting to collect unlawful fees and costs and unlawfully foreclosed on his home.
Barry Williams filed a complaint in Fayette Circuit Court against Caliber Home Loans Inc., Lone Star Funding LLC and US Bank NA alleging illegal debt collection, negligence and tortious interference with contract.
According to the complaint, the plaintiff alleges that in September 2008, he borrowed $34,491.27 from Beneficial WV. In September 2016, the suit states Beneficial assigned his loan to defendants Caliber and Lone Star.
The suit states that the plaintiff never received any correspondence from Caliber and that Caliber sought to foreclose on his home without making contact with him. He alleges he sent payments to Caliber.
The plaintiff alleges that Caliber told him that in order to reinstate his loan, he would have to pay attorney fees.
The plaintiff holds Caliber Home Loans Inc. Lone Star Funding LLC and US Bank NA responsible because the defendants allegedly failed to credit payments, unlawfully charged excessive late fees for payments that were timely received and wrongfully listed his home for a foreclosure sale.
The plaintiff requests a trial by jury and seeks actual damages plus penalties, attorneys' fees, costs and any further relief that are appropriate. He is represented by Jed Nolan and Bren J. Pompino of Mountain State Justice Inc. in Beckley.
The case has been assigned to Circuit Judge John Hatcher Jr.
Fayette Circuit Court case number 18-C-90
