CHARLESTON — A financing company is suing companies for alleged breach of duty.
Select Financial Services, Inc. filed a complaint in Kanawha Circuit Court against Dudley Associates Limited Partnership and Mills Properties, LLC alleging that the defendants breached its duty to release the Dudley trust that should appear in the Trust Deed Book in the office of the Clerk of Kanawha County Commission.
According to the complaint, on June 11, 2008, the plaintiff's loan proceeds were paid in complete satisfaction of the lien of the Dudley Trust in a sum of $350,000.
However, the plaintiff has been advised of the existence of an unreleased Dudley Trust recorded in Trust Deed Book 3230 at page 1 and a controversy has arisen as to the priority of the plaintiff's Trust in light of the unreleased Dudley Trust.
The plaintiff holds Dudley Associates Limited Partnership and Mills Properties, LLC responsible because the defendants allegedly failed to release to the Dudley Trust as should be recorded in the Trust Deed Book and failed to declare the loan to be in default or attempted any foreclosure proceedings.
The plaintiff requests a trial by jury and seeks an order expunging as a lien and quieting as a cloud upon the title to the property and recover such other and further relief as the Court may deem proper. They are represented by Stephen L. Thompson of Barth & Thompson in Charleston.
Kanawha Circuit Court Case number 18-C-1065