SUMMERSVILLE – A Birch River woman claims that her payments on a mortgage loan were rejected illegally and she was threatened with legal action despite being on-time with her payments.
Sherrell Perkins filed a complaint in Nicholas Circuit Court against New Penn Financial LLC, doing business as Shellpoint Mortgage Servicing; and JPMorgan Chase Bank.
The suit states that the plaintiff was a customer of Chase and she mailed a double payment to it in May 2018 to bring her loan current. The suit states Chase alleged that the payment had bounced even though the plaintiff had more than enough in her account to cover the payment. Chase then allegedly destroyed the check rather than returning it to her and then "threatened" her that she might be responsible for legal fees, the suit states.
The suit states Chase transferred loan servicing duties to Shellpoint in September 2018, which misrepresented the plaintiff's loan term as 655 months when it was only 480 months. She alleges Shellpoint then returned the plaintiff's monthly payment in October 2018 rather than applying it to the loan and failed to inform the plaintiff that she was in default before rejecting the payment.
The plaintiff alleges she attempted to clear up the confusion through mailing a certified letter to Shellpoint and the defendant acknowledged receipt, but then sent out an appraiser to the plaintiff's home and threatened to put a lockbox on the doors.
Chase is accused of illegal debt collection and Shellpoint is accused of illegal refusal of payments.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. She is represented by Jed R. Nolan of Mountain State Justice Inc. in Beckley.
The case has been assigned to Judge Stephen O. Callaghan.
Nicholas Circuit Court case number 19-C-15