CHARLESTON — A man says Gateway Mortgage provided him the wrong information about his payoff amount, causing him significant harm and financial loss.
Gateway First Bank is doing business as Gateway Mortgage.
Stephen Blackwell had a mortgage with Gateway for his Charleston home and in 2021, he decided to sell his home, according to a complaint filed in Kanawha Circuit Court.
Giatras
Blackwell claims he carefully planned and sold his home based on the representations of Gateway and on April 21, 2021, he reached out to Gateway for the payoff amount and was informed it was $384,724.28.
The plaintiff was told that the $5,000 in payments he made during the forbearance period would be deducted from the total payoff, making his payoff $379,724.28, according to the suit.
Blackwell claims he relied on that total when he sold his home for $408,000, believing it would cover the remaining debt.
"After closing on the home in reliance on the expected payoff amount provided by Gateway, Plaintiff learned the actual payoff amount was $404,897.15, which is a discrepancy of $25,172.87," the complaint states.
Blackwell claims he notified Gateway that its employee's misrepresentation caused him to suffer a substantial loss on the sale of his home and Gateway offered him $5,000 to resolve the issue, which he declined.
The defendant's actions violated the West Virginia Consumer Credit and Protection Act and the West Virginia Residential Mortgage Lender, Broker & Servicer Act, according to the suit.
Blackwell claims the defendant also breached its contract with him.
Blackwell is seeking compensatory and punitive damages. He is represented by Troy N. Giatras and Matthew Stonestreet of The Giatras Law Firm in Charleston.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 22-C-307