WEST VIRGINIA RECORD

HUNTINGTON -- A Huntington woman is suing Bank of America after she claims the bank failed to apply her payments to her account.

On July 5, 2011, Carolyn Goodwin signed a settlement agreement and loan modification with the defendant to resolve legal claims relating to the origination of her home mortgage, according to a complaint filed April 19 in Cabell Circuit Court.

Goodwin claims she made timely payments under the agreement and made payments a few days early to ensure timely receipt by the defendant.

In September 2011, Goodwin received a letter stating that she owed additional fees on her account, but because she had made timely payments on her loan, no additional fees should have been assessed against the account, according to the suit.

Goodwin claims on Dec. 5, 2011, she received a letter stating that she had not paid her December payment, but she had paid it by check on Nov. 27, 2011.

Similarly, by letter dated March 1, Bank of America stated that Goodwin was one payment delinquent, despite that she had made every monthly payment on her account to date, according to the suit.

Goodwin claims the defendant breached its contract with her by failing to apply her payments consistent with the contract provisions and representing to her and credit reporting agencies that she is delinquent when in fact she is making payments required by her contract.

The defendant's breach of contract has caused Goodwin damages, according to the suit.

Goodwin is seeking damages and civil penalties of $4,600 for each violation pursuant to West Virginia code. She is being represented by Jennifer S. Wagner and Daniel F. Hedges.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 12-C-252