West Virginia Record

Tuesday, July 16, 2019

Consumer alleges Bayview Loan Servicing characterized the amount he owes on mortgage

State Court

By Carrie Bradon | Jul 12, 2019


CHARLESTON – A Kanawha County man alleges that his mortgage servicer falsely claims he owes additional money.

John M. Adkins Jr. filed a complaint in Kanawha Circuit Court against Bayview Loan Servicing LLC citing the West Virginia Residential Mortgage Lender, Broker and Servicer Act and other counts.

The suit states that the plaintiff had a mortgage with the CitiFinancial beginning in 2003 and the mortgage note was eventually assigned to Bayview. The plaintiff alleges he always made his payments on time, but Bayview claims that the plaintiff owes additional funds. The suit states Bayview sent the plaintiff harassing letters and refused to accept the plaintiff's payments.

The plaintiff also alleges the defendant took steps to remove him from his home.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Troy N. Giatras and Phillip A. Childs of The Giatras Law Firm PLLC in Charleston.

The case has been assigned to Judge Charles King.

Kanawha Circuit Court case number 19-C-496

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