Greenbrier County couple accuses lender of misrepresentation

By Philip Gonzales | Jun 25, 2018

BECKLEY — Greenbriar County property owners are suing a mortgage service provider, alleging misrepresentation and concealment.

Ronald Hull and Brenda Hull filed a complaint May 9 in U.S. District Court for the Southern District of West Virginia Beckley Division against Nationstar Mortgage LLC, doing business as Mr Cooper, alleging violation of the West Virginia Residential Mortgage Lender, Broker and Servicer Act.

According to the complaint, despite the fact that the Hulls' payments are current and the amortization period has concluded, the defendant alleges they owe a final balloon payment in excess of $6,000. 

As a result, the suit says, the Hulls they have suffered actual harm for expenses incurred, attorney fees and costs, loss of income, mental anguish, emotional distress, annoyance and inconvenience. 

The plaintiffs allege Mr. Cooper failed to apply and misapplied the Hulls' payments and wrongfully contacted them numerous times to collect a debt that is not owed.

The Hulls seek trial by jury, an order declaring they do not owe anything to the defendant, compensatory and punitive damages, all legal fees, pre- and post-judgment interest and all other just and proper relief. They are represented by attorney Mark Burnette of Ocala.

U.S. District Court for the Southern District of West Virginia Beckley Division case number 5:18-cv-00931

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Mark Burnette & Associates U.S. District Court for the Southern District of West Virginia Beckley Division

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