West Virginia Record

Monday, December 9, 2019

Man claims MidFirst breached loan agreement after foreclosing while he was waiting for disability back pay

State Court

By Marian Johns | Aug 13, 2019

Law money 03

HUNTINGTON – A Milton man alleges his mortgage lender foreclosed on his home without first providing alternatives.

According to the Cabell Circuit Court filing, plaintiff Jason Davis filed the complaint against the defendant MidFirst Bank alleging breach of contract.

Davis, who worked as a mechanic, alleges he took out a loan through GMAC Mortgage in December of 2006 and when he became disabled in 2013, applied for Social Security disability benefits. Since he was unemployed due to his disability, loan holder MidFirst set up Davis with a plan that included four small payments followed by a large lump sum payment of more than $7,500, according to the suit. 

Davis alleges he informed the bank that he might not be able to make the lump sum payment if he failed to receive his back pay disability check from Social Security. The suit states despite MidFirst telling Davis it would "work with him" until he received his disability check and despite the loan requirements, the bank proceeded with foreclosure when he failed to make the lump sum payment. 

Davis seeks actual and punitive damages as well as attorney's fees and litigation costs. He is represented by Sarah K. Brown, Bren J. Pomponio and Daniel F. Hedges of Mountain State Justice in Charleston.

The case has been assigned to Circuit Judge Christopher Chiles.

Cabell Circuit Court case number 19-c-326

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