WINDFIELD — A Poca couple is suing Metz Law Offices alleging it, along with several other defendants, did not have their best interest in mind when they purchased a home.
George A. Metz Jr., Deborah Crouch White, Berkshire Hathaway Great Expectations Realty, Steve. A Massie, Loghan S. Massie, Joshua A. Hull and Gateway Mortgage Group also were named as defendants in the suit.
Joshua W. Cadle and Lindsey H. Cadle were required by Gateway, as part of a loan transaction, to allow Metz to act as fiduciary escrow agent for the purpose of dispensing the plaintiffs' funds on the representations to the plaintiffs by Gateway and its authorized fiduciary escrow agent that the money would not be paid over to third parties unless the plaintiffs first received good and marketable title to the property they were buying, according to a complaint filed in Putnam Circuit Court.
However, the plaintiffs claim Metz was negligent and permitted the money to be given to various third parties without the plaintiffs first obtaining a good and marketable title, free from encumbrances to the home they had purchased.
In 2011, the Massies constructed a single-family home in Poca under a building permit and a non-conversion agreement and sold the residence in 2013 to Hull, according to the suit.
The Cadles claim Hull then sold the property to them in 2018, however, he did not inform them that the property was under a non-conversion agreement.
In 2021, a portion of the home flooded and when the Cadles made an application for flood insurance benefits they were informed that the coverage was not available because the home was not constructed in compliance with the non-conversion agreement from when the Massies built the home, according to the suit.
The Cadles claim they were informed by the Putnam County Office of Planning and Infrastructure that to be in compliance with the non-conversion agreement, they would have to strip out all improvements on the lower floor of the home and return it to bare walls and floor.
The Cadles claim Metz provided legal services for the purchase of the home and provided escrow and fund disbursement services. They claim Metz and his firm acted negligently, carelessly, deliberately and unethically in their relationship and duties to the plaintiffs.
The Massies and Hull breached their express general warranty, according to the suit.
The Cadles are seeking compensatory damages with pre- and post-judgment interest. They are represented by Harvey D. Peyton of Peyton Law Firm in Nitro.
A motion to dismiss the complaint was filed by Gateway Mortgage, but it recently was denied by Circuit Judge Phillip Stowers. Also, two of the defendants filed cross claims against Metz. Metz moved to dismiss them, but those motions also were denied.
Putnam Circuit Court case number: 22-C-2