CHARLESTON — A Kanawha County woman is suing a loan servicer, alleging misrepresentation in debt collection.
Frances Murphy filed a complaint in Kanawha Circuit Court against Carrington Mortgage Services LLC, alleging the defendant was abusive, deceptive and unfair in debt collection practices.
According to the complaint, Murphy has suffered stress, worry, anxiety and fear of loss of her home as a result of the carelessness of Carrington Mortgage. The suit says Carrington sent a debt notification that misrepresented the terms of the loan and the identity of Murphy's secured property at 307 rural Road 79 in Dawes..
The plaintiff alleges Carrington Mortgage threatened to foreclose and pursue foreclosure of an incorrect property, continued to communicate with Murphy despite being informed that she is represented by an attorney, continued to misidentify her actual property and failed to make an offer to compensate Murphy for its error.
Murphy seeks trial by jury, damages, civil penalty, actual damages, attorney fees, costs of litigation and all other just relief. She is represented by attorneys Sarah K. Brown, Bren J. Pomponio, and Daniel F. Hedges of Mountain State Justice Inc. in Charleston.
Kanawha Circuit Court case number 18-C-1003