Charleston couple accuses mortgage company of contract breach

By Noddy A. Fernandez | Oct 23, 2018

CHARLESTON — A Charleston couple is suing a mortgage loan company, alleging breach of contract and negligence.

Mark Suderman and Ruth Suderman filed a complaint in Kanawha Circuit Court against Carrington Mortgage Services LLC, alleging the defendant improperly caused a forced flood insurance policy to be placed on the plaintiffs' loan.

According to the complaint, in June 2014, the Sudermans promptly supplied Carrington with proof that their property at 1027 Campbells Hollow Road, Charleston, was properly insured against flooring. 

However, the Sudermans allege Carrington ignored such proof and continued to charge them for the forced flood insurance policy. Furthermore, the suit says, despite timely paying their monthly loan, the plaintiffs say they were not provided with notice related to any changes in their monthly mortgage, causing their payments to be rejected and eventually receiving a notice of intent to foreclose.

The suit says the defendant's actions led to emotional stress for the Sudermans 

The plaintiffs allege Carrington Mortgage Services failed its duty to honor the terms of the agreement and abstain from charging for flood insurance already provided by the Sudermans or otherwise changing the terms of the loan without the knowledge, permission, consent or notice to the plaintiffs.

The Sudermans seek trial by jury, judgment sufficient to compensate for their damages, plus pre- and post-judgment interest, costs, attorney fees and all other just and proper relief. They are represented by attorney Scott H. Kaminski of Kaminski Law PLLC in Charleston.

Kanawha Circuit Court case number 18-C-1138

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Kaminski Law PLLC Kanawha Circuit Court

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