Borrowers sue Wells Fargo for alleged predatory lending

By Philip Gonzales | Mar 5, 2019

BECKLEY — A couple is suing Wells Fargo Bank NA and Wells Fargo Home Mortgage, citing alleged illegal debt collection.

Daniel Via and Melissa Via filed a complaint against their mortgage lender and loan servicer in Raleigh Circuit Court, alleging that the defendants violated the West Virginia Code. According to the lawsuit, the plaintiffs allege that on June 14, 2010, the defendants financed $121,677 and took a security interest on the plaintiffs' property that is worth no more than $99,000. As a result of defendants' conduct, the plaintiffs have been injured by entering into a home loan without knowledge of the impact of the increased cost and inability to refinance and for fear of losing their home. 

The plaintiffs hold Wells Fargo Bank NA and Wells Fargo Home Mortgage responsible because the defendants allegedly willfully made a mortgage loan that exceeded the fair market value of the property, failed to apply plaintiffs' payments and misrepresented the amount owed. The Vias request a trial by jury and seek actual damages, with penalties, attorney's fees, costs and such other just and equitable relief. They are represented by Jed R. Nolan of Mountain State Justice Inc. in Beckley and Daniel F. Hedges of Mountain State Justice Inc. in Charleston.

Raleigh Circuit Court Case number 19-c-25

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Organizations in this Story

Mountain State Justice Inc Mountain State Justice, Inc. Raleigh Circuit Court

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