Woman claims bank rejected mortgage payments

Kelly Holleran Jan. 16, 2012, 7:48am

A Jefferson County woman claims she stands to lose her home, even though she has been attempting to make mortgage payments on it that have been rejected by the bank.

Trudie Crutchfield filed a lawsuit Dec. 22 in Jefferson County District Court against Bank of America Corp., formerly known as Countrywide Home Loans.

In her complaint, Crutchfield claims she and Bank of America entered into a modification agreement on March 31, 2008, which amended the mortgage on her home on Church Road in Beaumont.

Crutchfield claims she timely made all of the required monthly payments under her new, modified loan. However, Bank of America refused to accept her payments and wrongly applied late fees to her loan, according to the complaint.

The bank also sent Crutchfield letters, saying it could not accept her payments because her mortgage had already been paid in full, the complaint says. But in February, the bank began warning of foreclosure against Crutchfield, according to the complaint.

"Although plaintiff has made every payment she is required to make under the agreements, defendants are now threatening foreclosure due to plaintiff's alleged delinquent payment history," the suit states.

Crutchfield's lawyers have attempted to bring forth the issues associated with the mortgage, but Bank of America continues to insist she defaulted on payments, the suit states.

In her complaint, Crutchfield alleges breach of contract against the bank.

She seeks actual and consequential damages, a declaratory judgment regarding her loan, attorneys' fees, costs, pre- and post-judgment interest and other relief the court deems just.

Wyatt D. Snider and Russell W. Heald of Snider Law Firm in Beaumont will be representing her.

Judge Bob Wortham, 58th District Court, has been assigned to the case.

Case No. A191-559

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