SACRAMENTO – A woman alleges a bank has called her more than 1,000 times to collect a mortgage she claims she paid in full.
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 violation of the Telephone Consumer Protection Act and other counts.
According to the complaint, the plaintiff alleges that her Anderson home was destroyed by the Clover Wildfire in September 2013. She states she was issued a check by her insurer for the damage and used it to pay off the mortgage on the home with the defendant. The plaintiff holds Bank of America NA responsible because the defendant allegedly keeps calling the plaintiff alleging that she owes more than $332,000 on the loan using an automatic telephone dialing system, and continues to call despite her requests to stop.
The plaintiff requests a trial by jury and seeks injunction against the defendant, damages, 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 2:16-cv-03047-MCE-CMK