Couple claims loan was based on inflated valuation

By Bree Gonzales | Dec 28, 2018

MARLINTON — A husband and wife are suing a loan company and its officer, citing alleged unconscionable inducement and contract, fraud and unauthorized practice of law.

William Beverly McMann filed a complaint in Pocahontas Circuit Court against Member One Federal Credit Union and Atlantic Bay Mortgage Group LLC d/b/a Lenderselect Mortgage Group and Kenneth Hansard, lender/servicer/holder, alleging that they deceptively misrepresented the couple's loan.

According to the complaint, the plaintiffs allege that between Nov.  2, 2016, and August 2018 they reasonably relied on the loan being consistent with prudent lending practices and honest valuation. They were trapped in an excessive loan. They hold the defendants responsible because they allegedly intentionally suppressed that the loan was based on an inflated appraisal and that they failed to follow acceptable lending practices.

The plaintiffs request a trial by jury and seek a declaration that each defendant is jointly and severally liable for the actions mentioned in the suit; punitive damages, actual damages, civil penalties and attorney's fees. They are represented by Jed R. Nolan of Mountain Justice Inc. in Beckley and Daniel F. Hedges of Mountain Justice Inc. in Charleston.

Circuit Court of Pocahontas County Case number 18-C-37

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Mountain State Justice, Inc. Pocahontas Circuit Court

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