Wayne Co. woman sues BB&T for illegal fees

By Kyla Asbury | Aug 7, 2015


WAYNE – A Wayne County woman is suing Branch Banking and Trust Company after she claims it illegally assessed fees on her home loan.

Consuelo Williams and her then husband purchased a home in Kenova in April 1995 and the original principal amount of the loan was $28,350, according to a complaint filed in Wayne Circuit Court.

Williams claims the loan required 240 monthly payments of $219.80 and would impose a late charge if $10 if a payment was not made in full by the 12th of each month and in 2000, the ownership and servicing of the loan was transferred to BB&T.

Thereafter, BB&T continued to service Williams' loan in an illegal manner, which was previously employed by One Valley Bank.

Williams claims in 2011, Williams' health failed and finances became increasingly difficult and she lost her school district job because of her health problems.

Despite BB&T's knowledge of her illness and financial difficulties, and Williams' request for help to avoid foreclosure, BB&T repeatedly caused her phone to ring and/or engaged her in conversations intended to annoy, oppress or abuse her to obtain payment, according to the suit.

Williams claims she fell substantially behind in her payments after she lost her job, however, with the help of family and friends, in January, she believed she was close to completing all of the 240 payments required by her promissory note.

In February, Williams tendered $800 toward her loan at the local BB&T branch at which she customarily dealt and the defendant refused her payment and returned it, misrepresenting to her that her home was already in foreclosure, according to the suit.

Williams claims BB&T wrongly and falsely claimed that she still owes $3,000.

Williams is seeking compensatory damages. She is being represented by Gary M. Smith of Mountain State Justice Inc.

Wayne Circuit Court case number: 15-C-094

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