West Virginia Record

Saturday, March 28, 2020

Owner alleges bank misrepresented that Chapmanville property was not in flood zone

State Court

By Carrie Bradon | Jul 11, 2019


LOGAN – A Chapmanville property owner alleges that a bank misrepresented that the property was not in a flood zone when he purchased it.

Michael L. Williams filed a complaint in Logan Circuit Court against Bank of America N.A., Wilmington Trust N.A., doing business as M&T Bank, and John Doe trustee alleging fraud, unconscionable inducement, breach of contract and other counts.

The suit states that the plaintiff entered into a purchase agreement on Nov. 4, 2009, for a property on North Fork Road in Chapmanville. The appraiser valued the property at $68,000 and stated that the property was in a Federal Emergency Management Agency Special Floor Zone Area, the suit states.

Bank of America allegedly told the plaintiff that the property was not in a flood zone and did not require flood insurance. 

The plaintiff attempted to sell his house in 2018 at the price of $75,000 but the purchaser discovered that the property was in a flood zone and did not agree to make the purchase. The plaintiff alleges this was the first time that he learned about the property being in a flood zone. 

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.

Logan County Circuit Court case number 19-C-66

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Logan Circuit Court