West Virginia Record

Sunday, October 13, 2019

Plaintiff claims mental disability led him to accept mortgage term of 12 percent interest


By Carrie Bradon | Jul 17, 2019

BECKLEY — A man is suing a mortgage company, alleging that he was taken advantage of due to his disabled mental state.

Larry A. Dawson filed a complaint May 20 in Raleigh Circuit Court against Springleaf Mortgage Services of West Virginia Inc., fka American General Home Equity Inc.; Nationstar Mortgage LLC, dba Mr. Cooper; and U.S. Bank.

The suit states the defendant induced the plaintiff into a home loan with a 12% interest rate. The plaintiff states he is mentally disabled and therefore unable to realize how ridiculous a 12% interest rate was. At the end of the payment term, a surprise payment of more than $28,000 was due and the plaintiff was unable to pay the amount. The defendant allegedly refused the plaintiff's payment and misrepresented the amount due.

The defendant is accused of unconscionable inducement, taking of loan with intent to obtain title, contract defense of illegal loan, fraud, failure to credit payments and illegal debt collection.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Jed Nolan of Mountain State Justice in Charleston.

Raleigh Circuit Court case number 19-C-218

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