CANAL WINCHESTER, Ohio --
A Canal Winchester family is taking on Bank of America in a legal fight to save their home. The outcome of their case could potentially impact hundreds of other Ohio families.
Joe and Jennifer Woodruff own a home in Canal Winchester. The couple says despite never having missed a payment, last spring Bank of America instituted foreclosure proceedings.
"Oh definitely shock ... How are you going to foreclose on us when we've been making payments for a year under your permanent modification," Jennifer Woodruff asked
In a lawsuit filed Friday in the Franklin County Court of Common Pleas, Woodruff has counter-claimed against BOA, saying the company "unlawfully diverted" her mortgage money.
The couple says after an unexpected job loss four years ago, it called the bank and asked for help. They received a temporary loan modification, which eventually became permanent. However, last spring the couple received foreclosure papers.
The Woodruffs say they desperately tried to work with BOA, spending hours on the phone trying to figure out the problem, but mostly getting the run around.
The Woodruffs are represented by Mark Jump and John Sherrod of Jump Legal in Columbus, who say the couple always made their payments on time, in some cases early.
Sherrod and Jump say potentially hundreds to thousands of other Ohio families may also be going through something similar.
In response to where the money could have been diverted, Sherrod said, "Other than complete and utter incompetence on the part of Bank of America, I don't know yet," adding that he hopes to find answers in the litigation and discovery proecss.
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