CHARLESTON – A veteran residing in Charleston alleges that a mortgage servicer failed to modify a loan and placed his home into foreclosure.
John T. Baldy II filed a complaint in Kanawha Circuit Court against Nationstar Mortgage LLC, doing business as Mr. Cooper, alleging breach of contract and other counts.
The suit states that the plaintiff obtained a Veterans Administration loan for the purchase of a home on March 29, 2006. The plaintiff was married when he secured the loan but in 2007, the suit states the couple divorced. The plaintiff alleges the servicing and loan were assigned to the defendant in 2015.
The plaintiff alleges he experienced a hardship in 2017 that made it difficult to pay the loan and in September 2017, the defendant offered a loan modification that he accepted. He alleges the defendant breached the agreement and refused to modify the loan and that the defendant insisted the plaintiff's ex-wife's signature was needed on the modification documents. The plaintiff alleges there is no requirement in the law or contract for his ex-wife's signature because she has no interest in the property.
The suit states plaintiff's home was put into the foreclosure system because he could not obtain his ex-wife's signature even though he made his payments.
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 Tera Salango.
Kanawha Circuit Court case number 19-C-467