MARTINSBURG – A consumer alleges a national mortgage servicing corporation failed to work with her to assume the loan on her home after her divorce.
Elizabeth Engle filed a complaint in Berkeley Circuit Court against Carrington Mortgage Services LLC alleging breach of contract and other counts.
The suit states that the plaintiff and her now ex-husband purchased a Martinsburg home in 2014 that was later awarded to her in their 2017 divorce. The plaintiff alleges the mortgage is in her ex-husband's name and the defendant failed and refused to work with her despite her being named as successor-in-interest and her request to assume the loan.
The plaintiff alleges the defendant has breached the contract and violated regulations by refusing to talk to her until her ex-husband authorized the account, failing to promptly work with her as soon as it was notified and refusing to permit her to assume the loan.
The plaintiff is seeking actual and statutory damages, attorney fees and court costs. The plaintiff is represented by Lydia C. Milnes of Mountain State Justice in Morgantown.
The defendant removed the case to the U.S. District Court for the Northern District of West Virginia on June 12.
U.S. District Court for the Northern District of West Virginia case number 3:19-CV-00101