April 19, 2014

Bank wrongly foreclosed on house, suit claims

KINGWOOD — A Newburg residence was destroyed in a home fire and then wrongfully foreclosed.

ChaseBankDaniel D. Danks and April D. Danks filed a lawsuit March 21 in Preston Circuit Court against JP Morgan Chase Bank NA, citing slander of title, negligence and violation of the West Virginia Consumer Credit Protection Act.

The complaint states the plaintiffs were loaned money on Feb. 9, 2009, by the defendant in the form of a Promissory Note, secured by a Deed of Trust on their home. The plaintiffs state their home was destroyed by fire while insured and the insurance company issued the defendant $134,167.99 to pay off the promissory note. Despite the note being paid in full, the defendant initiated foreclosure proceedings against the plaintiffs and published in the newspaper they defaulted, according to the complaint.

The plaintiffs are seeking an undisclosed amount in damages.

They are being represented by Michael L. Solomon of Solomon & Solomon. The case has been assigned to Circuit Judge Lawrance S. Miller.

Preston Circuit Court case number 14-C-46

wvrecord.com

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