CHARLESTON — A Boone County woman is suing a loan holder, alleging deceptive representation.
Josara Bishop filed a complaint May 3 in U.S. District Court for the Southern District of West Virginia Charleston Division against Ditech Financial LLC, alleging the loan holder misrepresented the character, amount and legal statue of her debt.
According to the complaint, on Nov. 28, 2017, the parties entered into a binding agreement to settle the plaintiff’s mortgage loan. As a result of the defendant's misrepresentations, the suit says, Bishop suffered stress, anxiety, frustration, inconvenience, uncertainty and emotional distress.
The plaintiff alleges Ditech Financial LLC falsely represented that Bishop's mortgage loan would be reduced to no more than $32,000, failed to credit her payments to her debt upon receipt and continues to represent that her account is in default.
Bishop seeks trial by jury, actual, compensatory and statutory damages, costs of litigation and attorney fees. She is represented by Gary M. Smith of Mountain State Justice Inc. in Charleston.
U.S. District Court for the Southern District of West Virginia Charleston Division case number 2:18-cv-00892