CHARLESTON – A woman is suing Wells Fargo Bank after she claims it refused her house payments and is attempting to foreclose on her home.
In 1993, Paula L. Craft and her then-husband obtained a loan for the purchase of their home and the mortgage loan was insured by the Federal Housing Administration under the Single Family Housing Program, according to a complaint filed June 12 in Jackson Circuit Court and removed to federal court on July 7.
Craft claims at some point thereafter, Wells Fargo became the servicer of the loan and in later 2015, she suffered a heart attack and was unable to work.
The plaintiff struggled to keep up with her mortgage payment while she was out of work and she attempted to make a regularly monthly payment, but Wells Fargo refused the payment and demanded that she pay two months’ payments, according to the suit.
Craft claims she continued to pay payments and Wells Fargo refused to apply the funds to her account.
Wells Fargo is holding more than $2,500 of the plaintiffs’ funds without applying the funds to her payment despite that her regular monthly payment is $316.53, according to the suit.
Craft claims Wells Fargo also returned her payment to her, rather than credit it to her account.
In the spring of 2017, Craft attempted to pay Wells Fargo approximately $1,200 that she had received as an income tax refund, however, the defendant refused the payment, according to the suit.
Craft claims when she attempted to submit an application for loss mitigation, the defendant instructed her to include her ex-husband, despite that she received the property in the couple’s divorce and he does not contribute to the household financially.
Wells Fargo further failed to consider the plaintiff for other available loss mitigation, including a repayment plan or partial claim, according to the suit.
Craft claims Wells Fargo is now pursuing foreclosure on her home, despite that it holds her funds in suspense and has refused additional payments from her and failed to appropriately consider her for all required loss mitigation alternatives to foreclosure.
Craft is seeking compensatory and punitive damages. She is being represented by Sarah K. Brown, Bren J. Pomponio and Daniel F. Hedges of Mountain State Justice.
U.S. District Court for the Southern District of West Virginia case number: 2:17-cv-03554