SACRAMENTO – A woman claims she paid her mortgage in full but that a bank continues to attempt to collect it.
Kelli Hayward filed a complaint on Dec. 29 in the U.S. District Court for the Eastern District of California against Bank of America NA alleging negligence, invasion of privacy and other counts.
According to the complaint, the plaintiff alleges that her former Anderson home was destroyed by the Clover Wildfire in September 2013. She alleges her insurer paid her $464,401.30 for the damage, and that she endorsed the check and paid off the remaining balance of the roughly $230,000 still owed on the mortgage to the defendant. The plaintiff holds Bank of America NA responsible because the defendant allegedly failed to credit the rest of the money to the plaintiff's loan, kept the entire check, and claims the plaintiff owes more than $332,000 on the loan.
The plaintiff requests a trial by jury and seeks injunction against the defendant; damages; return of all excess insurance proceeds plus interest; general, special, and punitive damages; all legal fees and any other relief as the court deems just. She is represented by Mark Ankcorn of Ankcorn Law Firm PC in San Diego.
U.S. District Court for the Eastern District of California Case number 1:16-at-01059