ELKINS — Ten lawsuits were filed against Ocwen Loan Servicing alleging it violated West Virginia law by sending numerous letters and notices that threatened to asses them unlawful fees.
Three of the lawsuits were filed in the U.S. District Court for the Northern District of West Virginia at Elkins and included plaintiffs David and Kimberly Johnson; Fredrick Langbein; and Timothy and Candace Wamsley.
Four of the suits were filed in the U.S. District Court for the Northern District of West Virginia at Wheeling and included plaintiffs Clarence West, Alicia Smith, Lonnie A. Morris III and Reva Yost.
Three of the lawsuits were filed in the U.S. District Court for the Southern District of West Virginia at Beckley and included plaintiffs Anne Brown; William and Nora Shirley; and Verle and Lora Pyles.
The cases were all filed in December.
The plaintiffs claim West Virginia law prohibits debt collectors from collecting or attempting to collect a fee or charge for the attempted collection of debt.
"Defendant Ocwen threatened to assess and/or assessed a host of unlawful default fees to the loan, including, but not limited to, 'attorney’s fees', 'legal fees', other foreclosure related fees, and 'inspection fees.'" the complaints state. "It did so thorough misleading representations and at times where no foreclosure sale was held or even scheduled."
The plaintiffs claim they all complied with West Virginia's Right to Cure provision and that Ocwen provided them with cure offers that they did not accept.
The plaintiffs claim Ocwen violated the West Virginia Consumer Credit and Protection Act with its unfair debt collection.
The plaintiffs are seeking compensatory damages with pre- and post-judgment interest. They are represented by James G. Bordas Jr. and Jason E. Causey of Bordas & Bordas.
The plaintiffs attorneys did not return a request for comment.
U.S. District Court for the Southern District of West Virginia Case numbers: 5:18-cv-01527, 5:18-cv-01528, 5:18-cv-01529
U.S. District Court for the Northern District of West Virginia Case numbers: 5:18-cv-00204, 5:18-cv-00206, 5:18-cv-00209, 5:18-cv-00210
U.S. District Court for the Northern District of West Virginia Case numbers: 2:18-cv-00128, 2:18-cv-00130, 2:18-cv-00133