CHARLESTON – A Kanawha County woman claims a mortgage company and bank illegally foreclosed on her home.
Kimberly D. Kelley, formerly Kimberly Pritt, filed her lawsuit in Kanawha Circuit Court against PHH Mortgage Corporation and U.S. Bank National Association.
According to the complaint, Kelley has owned her home at 1205 Ashwood Road in Charleston for over 20 years. She entered into a mortgage loan with H&R Block Mortgage Corporation in April 2004 which was secured by her property. The original principal amount of the loan was $52,800.
The servicing rights and ownership of the loan were transferred several times over nearly two decades until they were ultimately assigned to PHH Mortgage Corporation and U.S. Bank National Association respectively.
In late summer 2023, Kelley engaged with PHH about loss mitigation options to bring her loan current. Despite being offered a Streamline Modification in September 2023 which she accepted, PHH allegedly proceeded with foreclosure.
Despite accepting a loan modification offer from PHH Mortgage Corporation, Kelley says the company proceeded with a foreclosure sale on November 14, 2023.
Kelley is seeking to vacate the foreclosure sale and recover statutory penalties and actual damages arising out of the defendants' alleged violations.
She is being represented by Bren J. Pomponio of Mountain State Justice Inc. The case has been assigned to Circuit Judge Tera Salango.
Kanawha Circuit Court case number 24-C-103