HUNTINGTON — A woman says the United States Department of Agriculture, Rural Housing Service wrongfully placed her home in foreclosure.
Vivian Lewis regularly paid her mortgage payment to RHS, paid her property taxes to the Wayne County sheriff and paid her homeowner's insurance premium to State Farm, however, in December 2018, RHS assessed her account $2,558.34, allegedly for force-placed insurance and property taxes, according to a complaint filed in U.S. District Court for the Southern District of West Virginia.
Lewis claims RHS instituted a repayment play and an escrow account, which increased her monthly payment beginning in March 2019 and not only was this decision made in error, but the defendant failed to provide notice of the escrow account analysis to alert the plaintiff to the increased payment.
"As a result, while Plaintiff has continually paid her regular monthly payment, Defendant RHS has accelerated the loan, placed Plaintiff in foreclosure, and is refusing to accept any payment less than the loan balance," the complaint states. "By incorrectly instituting an escrow account and failing to provide proper notice to Plaintiff, Defendant RHS has deprived Plaintiff of her due process rights and otherwise violated the parties’ contract and the applicable law. Plaintiff brings this action to save her home and for other appropriate relief."
Lewis is seeking declaratory and injunctive relief. She is represented by Sarah K. Brown and Bren J. Pomponio of Mountain State Justice in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 3:21-cv-00311