Woman sues Fifth Third Bank for negligence, breach of contract

By Kyla Asbury | Nov 4, 2009

CHARLESTON -- A woman is suing Fifth Third Bank for problems with her mortgage/construction loan.

Anissa White had a mortgage/construction loan with Fifth Third Bank and claims the bank repeatedly has failed to properly post payments and credit to her account, according to a complaint filed Oct. 19 in Kanawha Circuit Court.

White claims Fifth Third Bank returned payments, failed to recognize her purchase of insurance, sent foreclosure and/or delinquent notices and forwarded false and derogatory information to a credit reporting agency.

Fifth Third Bank had an affirmative duty to ensure White's account was properly maintained and credited for payments made, according to the suit.

White claims she has been unable to obtain another mortgage and has suffered financial loss, annoyance and inconvenience as well as emotional distress.

White is suing for damages in an amount less than $75,000 for four counts, including negligent/reckless conduct, breach of contract, willful and intentional conduct and defamation. Paul M. Stroebel of Stroebel & Johnson, PLLC is representing her.

The case has been assigned to Circuit Judge James C. Stucky.

Kanawha Circuit Court case number: 09-C-1956

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