Kentucky

Motion seeks payment in wrong repo case

PRESTONSBURG ? A confidential settlement was reached between Christopher Hamby, a Wheelwright resident who claims his home was wrongfully repossessed, and Bank of America on Sept. 22, but, according to Prestonsburg attorney Ned Pillersdorf, the money from the settlement has yet to be received. Pillersdorf filed a motion to convert the settlement with Bank of American into a judgment this week in Floyd Circuit Court.



According to the motion, Pillersdorf sent a signed release and other settlement documents, along with a request for the money, to the attorney for Bank of America on Oct. 5. On Oct. 12, the court signed an agreed order of dismissal.



Since that time, Bank of America has not forwarded the settlement money despite repeated requests, and, ?The Plaintiff states that he is confident that the Bank of America is not philosophically opposed to the concept of the imposition of late interest and penalties. The Plaintiff states that he is quite confident that, on a daily basis, Bank of America is contacted and asked for extra time to pay monies owed, and to be excused from late interest penalties. The Plaintiff states that he is confident that Bank of America on a continuous basis denies such requests, and insists that they be paid their interest and penalties. Bank of America should receive the same treatment from this court.?



The motion asks the court to assess interest and penalties, including attorney fees, for the ?unreasonable delay in failing to submit the settlement monies.?



According to court documents, Christopher Hamby arrived home on Oct. 5, 2009, to find the locks on his doors changed and physical damage to his property from winterization chemicals placed in the plumbing and various lines cut at the residence.



The original lawsuit also named A1 Preservation and Richard Spurgeon, who owns the business, as agents acting for Bank of America who wrongfully participated in the actions that Hamby alleges took place.



Hamby said that he does not have a relationship with Bank of America, including any type of mortgage agreement, and that the defendants had no legal right to come on his property. Hamby also said that he has had conversations with various agents for the defendants in the case and they acknowledged they wrongfully entered and damaged his property due to the mistaken belief that his property was in default and subject to repossession. The defendants allegedly offered to pay for a locksmith to repair the damage to the doors but have denied any other form of compensation.



The motion will be heard in Floyd Circuit Court at 9 a.m. on Nov. 5.