Can I sue my mortgage servicing company?

Upon settling our mortgage we elected for biweekly payments. After a few months we terminated the biweekly payment plan and made monthly scheduled payments. Several months later (December 2015) a week before Christmas our lender withdrew a biweekly payment from our checking account causing an overdraft. When I brought it to their attention they admitted it was done in error. They advised it would be refunded to include the overdraft fee incurred. They assured me it would be deposited before the Christmas holiday. I expressed to them the importance of these funds as they were needed for Christmas. Needless to say they fell through on their commitment to refund the money. As a result there was no Christmas in our home for our child. The week following Christmas after several more phone calls the money appeared.

The amount of physical stress, anxiety, and not to mention monetary loss was immeasurable. Their actions affected not only me but our entire family. Of course there has never been an apology. I have considered criminal charges for theft since it was clearly documented that we stopped biweekly payments months earlier. Although the funds have been returned the pain still lingers.

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