FAYETTESVILLE – A Fayette County man alleges his loan servicer and creditor made false representations and "threatened" to collect additional fees and costs in violation of state law.
Gene Smith filed a complaint in Fayette Circuit Court against Ocwen Loan Servicing LLC alleging unfair debt collection.
The suit states Smith obtained a residential home mortgage loan from The Provident Bank for $61,600 on Nov. 19, 2002, which was assigned, sold and transferred several times before ending with Ocwen as the loan servicer.
He alleges in his complaint that Ocwen "threatened to assess and/or assessed a host of unlawful default fees to the loan" that included attorney's fees, legal fees, inspection fees and foreclosure fees despite no foreclosure sale being held or scheduled. He also alleges Ocwen "failed to properly account" for an escrow fund causing a negative balance of more than $14,000 on his account as well as "repeatedly solicited" them for a loan modification even though he told them he had been previously denied for a modification.
Smith seeks monetary relief and all other just and proper relief. He is represented by James Bordas Jr. and Jason Causey of Bordas & Bordas PLLC in Wheeling.
The case has been assigned to Circuit Judge Thomas Ewing.
Fayette Circuit Court case number 19-C-130
