PRINCETON – A Mercer County couple alleges their former loan servicer attempted to charge an unlawful fee.
Jonathan R. Davis and Kristy L. Davis, on behalf of themselves and all others similarly situated, filed a complaint in Mercer Circuit Court against Flagstar Bancorp Inc. alleging violation of the West Virginia Consumer Credit and Protection Act.
The suit states that the plaintiffs entered into a loan agreement with the defendant on July 24, 2008, and the defendant held and serviced their loan until selling it to Planet Home Lending on Jan. 15, 2015. The plaintiffs allege the defendant sent written communication to them on April 6, 2017, claiming that they had incurred certain fees while the defendant held the loan totaling more than $800.
The plaintiff claims that this attempt to collect the fees is illegal.
The plaintiffs are seeking all reasonable sums due, attorney fees and court costs. The plaintiffs are represented by Steven R. Broadwater and Ruperto Y. Dumapit of Hamilton Burgess Young & Pollard of Fayetteville.
The case has been assigned to Judge Derek C. Swope.
Mercer Circuit Court case number 19-C-130
