CHARLESTON – A woman alleges a fraudulent loan was made on her late parents' property based on a bogus appraisal.
Kelly Jo Young, individually and in her capacity as administratrix of the estate of Brenda Botkin, filed a complaint seeking declaratory relief in Kanawha Circuit Court against Carrington Mortgage Services LLC and Wilmington Savings Fund Society FSB.
The suit states that Botkin purchased a home in Elkview in 1971 for $400. The suit states Gene and Brenda Botkin were contacted to refinance the property in 2007 by CitiFinancial and were offered a loan for $85,235.58. The plaintiff alleges this amount was based on a bogus appraisal and the true value of the house was $15,000 at the time. The loan originator took a security interest on the home, the suit states.
The suit states Gene and Brenda Botkin passed away in 2010 and 2014, respectively, and Young became the title owner of the property. In August 2017, Carrington was assigned to service the loan.
Carrington tried to foreclose on the loan as of Dec. 7, 2018, the suit states, but the plaintiff reinstated it and learned that the property was only worth $15,000 when the loan originated in 2007.
The plaintiff alleges the loan exceeded the fair market value of the property and was made in violation of West Virginia law.
The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Bren J. Pomponio of Mountain State Justice Inc. in Charleston.
The case has been assigned to Judge Joanna Tabit.
Kanawha Circuit Court case number 19-C-348