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Bank Of America Mortgage Modification Class Action Lawsuit

Homeowners File Class Action Lawsuit Against Bank Of America For Allegedly Failing To Modify Troubled Mortgages

A class action lawsuit was filed against Bank of America in U.S. District Court, Western District of Washington (Seattle), No. 10-00488, on behalf of homeowners alleging that Bank of America reneged on a promise to modify troubled mortgages as a condition to accepting twenty five billion dollars of federal bailout money, according to a class action news report at news.yahoo.com/s/nm/20100323/us_nm/us_bankofamerica_mortgage_lawsuit.

The Bank of America class action lawsuit reportedly alleges that Bank of America agreed to take part in the U.S. Treasury Department’s $75 billion Home Affordable Modification Program (HAMP) since it accepted bailout funds from the Troubled Asset Relief Program (TARP), but allegedly had an incentive not to modify loans because doing so might cause it to repurchase more loans, collect lower servicing fees, or assess lower default charges because fewer payments would be deemed late.

If You Have Thoughts On The Bank Of America Mortgage Modification Class Action Lawsuit, Share Your Class Action Comments Below.

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  • caroline September 22, 2010, 6:37 pm

    Same story as everyone else- been trying for a modification for 17 months, they’ve lost my paperwork at least three times, denied for the federally funded short sale program because I wasn’t occupying the property for 90 days before the request, blah, blah, blah. The worst part is that they have been reporting me as 120 to 150 days late on my credit reports, despite the fact that I’ve made every payment on time for the “trial period”. I’ve sent letters to them along with copies of the statute showing how they were reporting incorrectly and have received numerous letters from them acknowledging their mistake, but they have yet to correct it. My house is in Alabama, and I am going to file a lawsuit there. If anyone else is interested, please email me at siderius5@gmail.com

  • Don S. September 23, 2010, 12:59 am

    Well Folks …

    I’ve emailed my letters. I went down my list (posted previously) and included “60m@cbsnews.com” address that Andy provided.

    Some came back bad. My CBS “info” address was bad, so was “NETAUDR” for ABC’s World News Tonight. The 20/20 address didn’t work either. I stopped at PBS Wall Street Week, realizing both that and the Nightly Business Report are both dry, statistical and favor stockholders, and would likely never cover this.

    So they’re out there! Cross your fingers! Get yours out too! Remember, it’s all about the numbers!

  • Don S. September 23, 2010, 1:11 am

    By the way … I decided that tomorrow night I’ll be sending to a few of the Fox News addresses from this list …


    … and I’ll modify my letter to point out the Fox29 piece they did on me and the other Philly fellow.

    Interesting that the “Big Three” networks shy away from publicizing email addresses when Fox lists virtually every show and the list is easy to find.

    Just so you know … The subject line of my emails is “Bank of America Mortgage Modification Terror.”

    Also, here’s tonight’s list —

    United Press International

    Associated Press

    Chris Matthews

    NBC Nightly News

    NBC Dateline

    NBC Today Show

    PBS Newshour

    60 Minutes

    • Mary September 23, 2010, 6:25 am

      Don S….
      Have you considered sending a letter to Rubert Murdoch of News Corporation and the owner of FOX news?
      There are a few reasons that he may pay attention: One, Obama has given FOX News the back of his hand and been viciously critical, two this is a plan set up by Obama and his majority and three the HAMP program is a dismal failure. BoA is a player, but politicians and banks are doing what the administration is allowing them to do. The root causes need to be revealed.
      I think he would be very interested in the story, especially so near mid-term elections. If he likes the story then he could run it on all of the news shows and he/his corp are international as well as national.
      I am busy packing and preparing to move, but when that is over, I will join you all in writing more letters. The newspaper in my town refused to publish my letter to the editor regarding the HAMP program/modifications because BoA gives lots of money here.
      Even when BoA offers a modification, it is so rediculous until it is unacceptable.

      • Don S. September 23, 2010, 12:22 pm

        Mary …

        It’s an interesting idea. Unfortunately, there’s about a thousand people between him and us. These people are well protected from contact by us “common folks” … you know, those scurrying ants they see from their penthouse offices. You’d have to know somebody who knew somebody to get way up there.

        Remember, when you get to those heights you’re tapped into the “elite agenda.” You know, personally, who’s doing what and why, regardless of whether you’re arguing with them about it.

        I’ll throw in another “Word of the Day,” which is really a phrase common in business, particularly corporate business …

        “Profit Centers”

        What that means is an area of a business or market that turns a profit, usually a perverse profit. That’s what business is after, places they can turn a buck with little effort.

        Everybody wants that, right?

        Problem is, it’s gone WAY too far and is becoming devoid of morality and ethics … or ethics that have been “skewed” to accommodate the concept of profit-at-any-cost.

        I know this is sounding complicated, but this IS the way these folks think.

        Rupert is after viewers, which translates to advertising dollars. The more people who watch, the more money they get. If he can get them to watch by arguing with others (they likely play golf together), then he increases his bottom-line profit.

        It’s like Coke and Pepsi. Both are simply carbonated sugar and caramel water, both are about the same, but they get us arguing about which one is better and they both sell more … when there’s a thousand other ways to quench your thirst … AND while the CEOs of both corporations are teeing off on the 7th green.

        I’m not making this up … it’s real. It’s how they think and operate.

        The point is WE are a Profit Center. We are “distressed mortgages” and fall into a category that they KNOW they can make money … by foreclosing with the slightest excuse … simply by making us a little crazy, exhausting us and making us give up.

        It’s how I KNOW lawyers are a key player here. One of the most fundamental “tactics” lawyers use is delaying … making up excuses why the process can’t go forward, burying the opposition in paperwork, and frustrating them to the point of either bankruptcy with time spent, endlessly doing “legally required” paperwork or simple exhaustion.

        Why argue a case when there’s a way to simply make the case go away?

        Why argue or “negotiate” with homeowners when you can simply make THEM go away? … and cash in on their property.

        I said before, these are very, Very VERY smart people

        Some may call me overly pessimistic or even paranoid …

        … but the simple fact of the matter is that a HUGE corporation has decided that we have something they want … so they’re coming after it … with every asset they have … including “tactics.”

        You can bet every single one of them has read “The Art of War” by Sun Tzu.

        Sorry if I’m getting all “brainy” about this … but one Sun Tzu quote is “All warfare is based on deception.” That should give you an idea of just THE STARTING POINT on how they think.

        For those of you who think I’ve gone off on some wild tangent and rant, keep this in mind …

        If defending your homes from confiscation isn’t literally a war … I don’t know what is.

        • Mary September 23, 2010, 2:34 pm

          Don S…..

          You did not become too technical for me. Thank you for sharing. I have owned two businesses personally, managed a hospital and I am aware of the corporate mind set, boardroom games and strategies, corruption and greed. As of late I see it daily in my interactions with BoA and the numerous lawyers I have visited regarding BoA. Basically, it is a cat-and-mouse game.

          Here is something I found regarding FOX if you think it is useful.

          FOX Business Network (FBN)
          Company Information
          FOX Business Network
          1211 Avenue of the Americas, 12th floor
          New York, NY 10036
          Phone: 212-601-7000
          Web: http://www.foxbusiness.com
          Primary Press Contact Secondary Contact
          Brian Lewis, Executive Vice President
          Corporate Communications
          Phone: 212-301-3331
          Fax: 212-819-0816
          E-Mail: brian.lewis@foxnews.com
          Irena Briganti, Senior Vice President
          Media Relations
          Phone: 212-301-3608
          Fax: 212-819-0816
          E-Mail: irena.briganti@foxnews.com

          Description of Business
          FOX Business Network (FBN) is a 24-hour cable financial news channel delivering real-time information across all platforms impacting both Main Street and Wall Street. Headquartered in New York City—the business capital of the world—FBN is available in more than 50 million homes in major markets across the United States with bureaus in Chicago, Los Angeles, Washington, DC and London. Anchors include Neil Cavuto, Liz Claman, David Asman and Stuart Varney, as well as primetime personalities like John Stossel.
          In Operation Since: October 15, 2007

          Last updated: August 9, 2010

          • Don S. September 23, 2010, 10:53 pm

            Mary …

            Great find on the info. I’ve sent my letter to both.

            I hear you on being exposed to “these people.” One of my friends that had contacts “way up there” until recently spent many years in the board rooms of Fortune 50 (50, not 500) companies. Problem was he developed a conscience and they basically booted him. He lost a three and a half million dollar house largely because of it.

            “Ruthless” doesn’t even begin to describe that world.

            Our best asset will be insiders or former insiders that will bring real testimony. Our numbers and pile of paper evidence to establish a pattern is fine, but having a front line witness … or two … or ten … would be the icing on the cake.

            Three hundred million Americans need to see and understand this for what it is … in the bright light of day …

            … although I realize most of the ones getting paychecks from them won’t be all that anxious to listen … or talk.

  • Cammy September 23, 2010, 1:45 am

    So today I get a letter in the mail from BOA
    explaing that the only why to save my home is
    to paid the full amount according to them I need
    38,000 dlls I don’t agree I old that much where did all
    my payments went to I believe there a bunch of rip offs
    So tried and disgusted by lie after lie from every body from Boa
    including the CEO of the modification dept Patricia
    I talk to her on Friday she sound like she really care and was going to
    help me she said that she was going to send my file out to
    the right dept and that someone would get incontact with me
    no later then Wednesday well today is Wednesday and nobody call
    she lie just to get me out of her way this people would say anything just to make you feel confident be really careful about who you trust at BOA there just a bunch pigs in there they don’t care about you or your sad situation they just care about getting there money BEWERE!!!!!

    • Bridgett September 26, 2010, 9:29 pm

      I am going through the exact same thing that you are going through. I have read your comment and everything that you have said is happening the same exact way with me the only difference with your situation and mine is that our names are different.
      This morning as I was on my way to Church, someone was walking up the stairs to my Condo asking a bunch of question and he had a camera in his hand, he said that he work with American Mortgage when I asked him why he was asking questions and taking pictures of my home and he said he didn’t know, he was told to find my home and he was just doing what he was asked to do.

      He had a clip board with my name and address on it the form also had on it call Loan Servicing Center (Bank of America). I am have read that there was/is a class action law suit being filed against Bank of America and I would like to know who I can contact to be included in the law suit. Any information that you can provide to me will be greatly appreciated.

      Thank you,

      • cammy September 27, 2010, 9:08 pm

        So sorry to hear that Bridgett just remember to keep on fighting and dont give up your , your best advocate .. Try to get your file up to the CEO and if they denied you talk to the CEO from the modification DEpt if you need her information the number is posted in this blog you just have to search on previous comments…. Here’s the information for the class action lawyer
        Good Luck….

        Hagens Berman
        1918 Eighth Ave.
        Suite 3300
        Seattle, WA 98101
        Tel. (206) 623-7292
        Fax. (206) 623-0594
        Contact: Steve Berman

        • michael May 28, 2012, 7:54 pm

          I went all the way too the CEO’s office of BOA through the CT AG’s office.One month later they sent a letter say it’s all my fault for not having the right paper work & not making payments on time for the trail period. BOA takes the money out of one of their own account of the 1st of each month.I call the CEO’s office and asked if they were looking at the same account,they said ” yes I am “. How can one be late when they take the money out ? Going too court to fight BOA for default on a investment home.

  • Bill McAuliffe September 23, 2010, 1:56 am

    I actually got a response from NBC News! I hope to speak with

    Her soon. God Speed….

    • lo September 23, 2010, 11:36 am

      Good luck Bill, your fellow Texans are rooting for you, any luck on finding a class action lawyer here?

      • Bob McCurdy September 23, 2010, 1:53 pm

        Hi Lo–
        I’m still monitoring the site and beginning to do some
        leg work in trying to locate a willing attorney to work
        with us Texans on that class-action lawsuit. Stay in
        touch! Bob Mc > rlmc1@yahoo.com

  • Joan September 23, 2010, 12:53 pm

    I have the same story as everyone here. No need to rehash. I’m working on letters to everyone you have mentioned. Hope we can all get this mess settled! And go back to our ‘normal’ lives, where the biggest concern for the day is what the dog chewed up while we were at work!

  • Bill McAuliffe September 23, 2010, 2:22 pm

    OK Folks! I CAN’T believe I’m writing this; but I have an “in” at a MAJOR News Corp. I chose to remain silent e.g. my foreclosure in Az. It goes Oct. 1st in Phoenix. Problem is, because I didn’t do a Modification, or trial mod. Therefore; What I need to present to this news person is some kind of physical evidence, e.g. original attempt for modifcation or trial mod., and a chain of documentation to show BofA’s and other Financial Institutions abuse of agreed Mods., and resulting Foreclosures when the party has complied with all of ‘the rules”. I don’t think it needs to be reams of paper; but concise documents that show clearly that the banks are just trying to soak you guys as much as possible, before going on to make MORE money on your misery. You can reach me at lahabrabill@roadrunner.com. I’m mainly batting for you folks who have been clearly screwed by these “Institutions”. Don S.; I would particularly like to hear from you. If you give me an e-mail; I’ll give you my Ph.# and maybe we can work together on this? Anyway, ALL reponses welcomed. Hope my Inbox doesn’t crash. Ha! God Bless you all. Bill mcAuliffe

  • Margo September 23, 2010, 6:56 pm

    If anyone in Texas needs an attorney that has already started a Classaction suit against Boa here is his name and number:

    Andrew Kirkendall


    DIRECT: 713-425-5213

    MAIN: 713-425-7100

    FACSIMILE: 713-425-7101

    Mr. Kirkendell seems to be an agressive attorney that will get the job done. Let me know if this helps you, or if there is anything else I can do.

    Margo La Bayne

    • Bob Mc September 29, 2010, 2:14 pm

      Margo–thanks for this info. Are you from Texas? How did you
      come to hear about this guy? I’m trying to contact him or his secretary to see what is up with his lawsuit and if we could be of
      assistance to each other. Thanks again. rlmc1@yahoo.com

  • Margo La Bayne September 23, 2010, 7:02 pm

    I would like to know if anyone tried calling Bonnie Block at the presidents office of Boa? I am very interested to know if she is helping anyone or just giving them the run around.

    Thanks so much,

    Margo La Bayne

  • Margo La Bayne September 23, 2010, 7:06 pm

    I thought I posted an attorney’s name and phone number located in TEXAS that has already started a classaction lawsuit but I can’t find it so here it is again:

    Andrew Kirkendall


    DIRECT: 713-425-5213

    MAIN: 713-425-7100

    FACSIMILE: 713-425-7101

    I have spoken with Mr. Kirkendall and appears to be an agressive attorney that will get the job done. If there is anything else I can do for anyone out there don’t hesitate . It’s nice to see everyone helping eachother because we are all in this together.

    Margo La Bayne

    • LO September 24, 2010, 3:39 pm

      Thank you Margo, I just left a message for him!

  • Tammy September 23, 2010, 9:49 pm

    Margo – we are trying to get in touch with her. I will update you again tomorrow. But yes…

    If anyone here is in Maryland…please contact me…. tammy5696@gmail.com I’m fighting and I would love to hear from others in MD who are…because I’m looking for a class action attorney….

  • cammy September 23, 2010, 11:27 pm

    Hi Margoj

    I call Bonnie Block about 3 time and left messages nothing yet..

    But I did get in contact with the the CEO of the Modification Dept Patricia Barbosa on Friday she said she would have somebody in her team call me on Wednesday after not hearing nothing from her or her team I call and left a NASTY message for her. So within an Hr I had 2 different persons calling me to try to help me am not to sure if they could help me. But lets see what happends if anybody is interested in Patricia Phone Number let me know ….

    • Rebecca Owens September 25, 2010, 12:20 pm

      Please Cammy, I’ll take it!!

    • Tara Hutchison October 19, 2010, 4:19 am

      I would love to get Patricia Barbosa’s number, it would truly be appreciated! I am having the same issues with BOA.

      Tara Hutchison

  • cmoore September 24, 2010, 3:49 am

    I just started my second modifications loan. the first one I sent all my information was speaking with them weekly then they said sixty days after 90 days I call bofa and they tell me that I was kicked out of consideration and to start the process again. I started it again and they tell my papers our in underwriting but it has been ninety days. i haven’t heard one peep out of them yet they send me a statement every month. I was wondering if i should try the class action suit, because this is ridiculous. This bank is sitting on our money and paying themselves back with interest, problem is- what have they lost if they not giving the money back to the people that allowed them to be bailed out.

  • Mary September 24, 2010, 7:18 am

    Don S and anyone wishing to write to FoX News…….
    click on the (R) hand corner under ” executives and contacts” and there you will find a list of names, addresses, positions and email addresses.

  • Mary September 24, 2010, 7:43 am

    I know while we are trying to save our homes from going to foreclosure and us to bankruptcy, we often forget that so many people are in the same position. I was reading my news emails this morning and whether you are a Democrat, Independent, or Rebuplican I believe this article will touch your hearts. Please read the article and watch the video. If we do not change the path that America is on we ALL are going to be in trouble…more so than we are currently. The government has too much power and has allowed the bank bailouts and the banks to try to destroy OUR American dream!
    November is Coming

    Normally at RedState we post a brief description of any videos we post. But this one . you just have to watch it.

    November. It’s coming.

    Please click here for the rest of the post.

  • Jeff September 24, 2010, 7:55 am


    I tried calling that Bonnie Block too. With no answer. Left messages.

    I want the number to Patricia if possible.


  • Marie September 24, 2010, 8:56 am

    I have very simlar story does anyone know where we can join the class action suit?
    a website or the lawyer they are using. I am from Miam Florida.

    • Don S. September 25, 2010, 1:36 am

      Marie …

      At the top of the page is a line in light blue “Previous Comments.”

      I hate to add to your work and stress, but it’s a good idea to scan back and look for posts about Florida. You can use your browser’s Search feature to search “FL” or Florida. There are several posts from folks there.

      There’s also a list I’ve repeated a few times to help you get started on this process, along with some description of what’s involved.

      Remember, too, that Google is your friend. Searching something like “Bank of America lawsuit Florida” might help. Use various words in descending importance. Quotes around your search will bring up the exact phrase. Using a minus (dash) with no space in front of a word will drop items out of your links you don’t want … like “-overdrafts.”

  • JulieK September 24, 2010, 8:59 am

    After I had to take a lower paying job in 2008, I went to Bank of America and told them very honestly what was going on, and that I needed help, or to give them my property. They said first they could do nothing, because my payments weren’t late. I used my savings and borrowed money to keep current, and kept looking for a better job, but no one was hiring for what I am qualified to do. So, I went to BofA again to try to work with them. Although I’d been a customer for 19 years, and I did exactly what BofA said, they are foreclosing on me. The modification promises are a scam. I spent months submitting paperwork, resubmitting it, etc., only to have delay after delay. Then, as part of their “modification process” they RAISED my payment, so that it was higher per month than my income. I told them at one point that my payment would be late because I didn’t have the money, and they agreed to stop the autodebit from my checking account, then DID IT ANYWAY. My account went negative and they were trying to charge me hundreds of dollars in fees for that. (One honest person at the bank stuck up for me, since she personally had called to stop the autodebit, and heard the person say they would. She made them put the fees back.) They also harrassed me; at one point they were calling me EVERY HALF HOUR. I ended up getting an attorney and filing Chapter 7 to protect myself. They are taking my property and are going to sell it at a profit once the values go back up. I am left with nothing, and ruined credit because I trusted them. Bank of America is soulless and greedy. They are crooked lying thieves of our tax dollars. I hope every state sues them for swindling homeowners, and that they go under. I hope every one of their fat cat executives ends up having to go bankrupt and sleep in someone’s guest room, trying to scrape together gas money to get to work. Bank of America is the lowest of low scum. They are evil and deserve all the lawsuits and legal fees the American people can throw at them.

    • Don S. September 25, 2010, 1:43 am

      Julie …

      I’m so sorry you’re going through this. We all are.

      Actually, that’s the point of a class action lawsuit … people who have been wronged in a common manner.

      I hope you stay in touch, as painful as even talking about this might be. If … no WHEN … it gets to the courts, we’ll need every person this has happened to, to make a difference.

      The American public needs to know they could be next.

  • Jeff September 24, 2010, 9:20 am
    • Lo September 24, 2010, 3:32 pm

      thanks, I just cut and pasted these and sent my story also, hope we get some responses soon to all of our stories!

  • Shannon September 24, 2010, 10:41 am

    Anyone from Philly want to fight bank of America with us. They are just giving us the runaround and I See there was a lawsuit filed in State of Washington and I just notified the lawyers handling that case to see if they have anyone in Philly that can help us. This is just so emotional and frustrating.
    We have a FHA loan and my husband worked in New Jersey and his store closed, however,m we reside in Pennsylvania,. My husband has been unemployed since June 2008 and I have paid my mortgage until oct 2009. WHen I realized I needed help or modification I notified Bank Of America. Since Novemeber they are telling me they still cannot come up with a modicficaiton for me. My husband was in an hardship because of unemployment and he was waiting socail security so it showed we would be having income come in, which we do now.

    Why are they saying we are not eligible. I have a good mortgage record. I called the hope hotline and was on the phone with Darlene for 3 hours last week and she even told them they were in violation. I received a letter from them august stating I did not qualify becuase of documents missing. I have also had a FHA counselor who has a file thick on us showing the contact we have been making. My mortgage pymt is 819 month we now get in 960 from disability and I make usually about 700 as an independent contractor and I have 3 kids. I called today your hotline and spoke to a Brett who said that the govt necessarily doesnt have to help me. I am FHA my husband worked in NJ Pls this has put strain on us we are not sure if they will show up one day. I did make a pymt this sept (which I sent aug) and they have it in partial because I didnt want to get beyond 12 months which they said I didnt make a pymt since Sept 2009 which I have and I have cancelled ck showing I pd 852 that was sept mort and late fee. So oct is my 12 mos but I just sent a pymt. I thought this program was to help us the people unemployed and even though we live in PA my husband worked in NJ. All I am asking for is a modification and ot taked this long. Pls help . I am forwarding this to other agencies because I feel we are not getting the relief we need I was on the phone with Darlene and Bank of America for 3 hours on sept 15 because they sent us from one dept to another.

    In addition, when we called in Feb they had all my financials wrong . Every time I recd a package then I receive a letter stating they recieved all the documents and will assit me. This is since Feb. I am a taxpayer who is trying to keep my house and get back up . Why wont they help.

    Shannon and Zahed Aryadarei

  • shanako September 24, 2010, 12:07 pm

    I’ve been following this blog for about a month. I have taken all your suggestions. I’ve contacted local news station, the attorney general, a class action attorney, a HUD counselor, the CEO office and senators. Today i got a call from the 000-0000 number people talked about earlier this week. It was a loan modification negotiator. Does anyone have experience with them? She works for bank of America and wants me to submit everything I’ve already submitted 3 times. She said she is the one who is going to help me. I’ve learned from this blog that I cannot trust anyone who works for BOA.

    Also whoever posted the CEO number last week? I called and pushed buttons until I got someone on the phone. I told her my story, she listened and told me “I want to help you” she asked if she could call me back and did. Im not sure if this is why BOA gave me this negotiator or if it’s because I’ve been working with a HUD counselor who escalated my modification packet.

    Also, im in Oregon- so, if you’re in Oregon and have info to help me, please share!

    Im fighting for my house! I will not stop until I win. I put one hour everyday aside to fight. I WILL WIN!!!!!
    I’ve worked too hard to let it go. I will NOT allow BOA to take advantage of me and throw me and my eight year old daughter out of our house.

    • Shannon September 24, 2010, 12:54 pm

      Dear Shanko,

      Do you know how many times I was told “they were the ones to help me”. Just Sept 15 I was on with a hope hotline cousleor with Bank of America for 3 hours. Her name was Darlene. She can conferm that this guy Chris Boyd was “going to be the one to help me’ He said fax me everything and I will forward it to the head negotiator. When he said he was the one to begin with. I faxed everything, called him the next day and he said he received eveything and I will receive paperwork shortly ALl I received was another fedex package requesting the same thing. I am in Philadelphia but how can they get away with this.

      • Christine M September 24, 2010, 8:11 pm

        Shanako, shannn
        I am for the second time going thru the exact process. I was called and a caring person told me they were going to have my new negotiator contact me shortly. Did not make contact with him till I CALLED. of course. I am from NJ and havent found anyone to help. The negotiator seems so genuine. I will help you, he says. I submitted my info and have not heard a word. I dont tust them. I think this is how they stall us.

        • Don S. September 25, 2010, 1:50 am

          Shanako, Shannon and Christine …

          Please remember to keep a Log/Journal/Diary of everything you do. If you haven’t, set aside some time and write out a timeline of your experiences since the beginning and tack it on to your newly started record.

          Your lawyers, politicians, news people and anyone else willing to help will need it.

          • Shannon September 25, 2010, 8:01 am

            Hi Don,

            Thanks I am going to my counselors office(who by the wawy got fired for not doing her job) she has a thick file on me with everything , I am going to get it and put everything in order according to timeline. Please keep in touch since you live near me because once if ever we do get the modification I want them to change my credit report. Plus, they told me I have not had a late fee since January 2010. How is that if I am delinquent.

  • Margo La Bayne September 24, 2010, 12:15 pm

    I hope I did this right. Please watch this video in regards to ” Who should http://realestate.msn.com/video/default.aspx?vid=83ea6c61-d837-40d3-a1cb-28f535c0cac8be accountable for the Mortgages in this Country?”

    I am sorry I am not as well trained on the Computor as the rest of you. I should be packing and getting ready to move I only have until the 10th of next month and I haven’t even found a place yet. My kids are so stressed out and I just want to go to sleep and wake up from this nightmare. Any suggestions please feel free to post, I am reading a couple of times a day. I also wrote to our elected officals, the president and others to tell them how upset I am that they did nothing to help me, a voter and my children. I even went as far to ask them if we could go and live with them, I am sure they have at least 3 bedrooms not being used. Lets see if they respond.

    Margo La Bayne

  • Shannon September 24, 2010, 12:57 pm

    Onw more thing. The last letter I received from them in August 31 said I didnt qualify and I could either makd a short sale or put thier name on my deed. I did I not qualify we ahd a legitiamte hardship. We need to do something.

  • daisy September 24, 2010, 1:12 pm

    if you are having fraud related problems write to:

    SIGTARP Hotline
    Special Inspector General – TARP
    U.S. Department of Treasury
    1.877.SIG.2009 (1.877.744.2009)

    they will investigate

  • Cammy September 24, 2010, 1:35 pm

    Hi everyone am just updating my experience with BOA just got a call from Patricia Barbosa the Ceo of the modification Dept. She told me there working on my File and that she sympathize with me on whats going on with my file she also said that she’s getting more than 300 hundred calls a day thanks to this website I told her maybe she should start listening and do something about it..

  • Bob Mc September 24, 2010, 1:39 pm

    Maybe I should know this but I don’t: How much would it likely
    cost to join a class-action lawsuit against, say, BoA?

  • Barbara Beckham September 24, 2010, 2:00 pm

    I tried working with BOA ,I made my Trial period payment but my home was foreclosed on and put up for sale I still haven,t heard from BOA they have taken my payment and said they went toward some fee that no one could tell me where the payment went,if anyone is in Michigan that want to start a class action suit in Michigan please e-mail me at babeckster@sbcglobal.net

    • Andy September 24, 2010, 7:54 pm

      Barbara contact your house rep and Levin and Stabenow. Carl Levin office got back with me and are looking into for me. Send a complaint to Mike Cox they forwarded it to a federal agency in Houston. We have strength in numbers. Have to make sure they are going to foreclose on me before I join a lawsuit. Give our politicians time to get it str8………….

  • daisy September 24, 2010, 2:50 pm

    for all of you that were forclosed on:

    1* did you know you were in foreclosure?
    (i was told you would know by court order)
    2* did they accept payments you made during the foreclosure?
    (i was told NO)
    3* how long did the foreclosure process take?
    (i was told any where from 1 to 3 years)

    • Mary September 24, 2010, 3:37 pm


      It depends on the state in which you reside. Google your state foreclosure laws. In Georgia, we are a non-judicial state. They post the foreclosure in the local news for 4 weeks and the property is sold on the courthouse steps in 30-45 days.

      If you live in a judicial state they must obtain a court hearing and it takes a bit longer.

  • Joy September 24, 2010, 3:17 pm

    You know with them further ruining our credit, they are also ruining the ablility to get a decent job if the employer chooses to use your credit rating. My question is, what the hell does my credit rating have to do with me being a good nurse or not? I was an excellent nurse before I got sick and my credit got ruined and I still have that same knowledge I had before and would still be an excellent nurse—but BOA is ruining any chance I may have had to better my financial situation and improve my credit. I suppose the fools think we enjoy poor credit ratings? OK, enough of my venting.

    Last week I told you all the CEO/President’s office had been in touch with me and they were “almost positive” my modification had been approved, they were waiting for something in writing to send to me. Well, they called back this week, still no official written agreement but they are still working on it. She also said that they had assigned a negotiator to my case—-God only knows what happened to the one I had or how long I have been without one. But my new negotiator wanted me to know that the papers I signed(back in March) was a binding contract committing me to the modification clear back in April. I then asked if they thought they were bound by the same contract and why were they still telling me I was in a trial and why were they still dinging my credit? And if I had been in a modification, not a trial since that time, that I expected them to fix my credit—yeah, slim chance on that. My reason for writing is to advise you to check to see if you do indeed have a negotiator who is working on your modification and to see if you are bound by any contract. I am to the point where I am seriously thinking of dumping this house with an investor and telling BOA no dice with their poor attempts at a modification.

    • Mary September 24, 2010, 6:51 pm


      Check out the HAMP supplemental directive 09-01 and if you are under Fannie Mae, check out their web site. They have strict guidelines as to how they are to report you to the credit bureau. Each infraction is a federal offense and may gain you money in the future.

      They have never assigned me a negotiator in the 7+ months I have been in the modification hell hole.

      I did receive a modification offer last week and it was just plain scary. I negated it and will walk away and leave them to the house.

  • Ted September 24, 2010, 3:18 pm

    It seems we would have more recourse against a Pawn Broker than we have against BOA. They have raised the meaning of Shylock to a new level.
    I know this President didn’t get us into this mess. Quite frankly, the last one didn’t, his party cronies did. Nevertheless, I am frustrated that Mr. Obama is so detached from the misery that middle class America is experiencing at the hands of the financial industry. Has he forgotten his middle class roots? His grandmother certainly lived on less than $250,000 a year. Politics aside, that’s one this Bill Clinton didn’t forget. Poor W and his daddy never understood middle class.

    • Mary September 24, 2010, 5:01 pm


      I am not taking up for W, but we must remember that the Dems have had control of Congress since 2006. They have had 4+ years to prevent, fix and did I say prevent this mess.

      They ALL are to blame and they are hired by us! That said it is time for correction of this country’s mess and now. I do not believe O is headed down the correct path at the moment.

      As I told my Congressman, the Treasury dept and the banks are trying to own American’s body, mind and soul. I resist!

  • Mary September 24, 2010, 3:23 pm

    Listen to this…

    I just received yet another call from 000-000-0000 and no message was left. I spoke to the Home Retention Services yesterday and told them by my returning their modification unsigned and with my copies of documentation that was sent and required via RESPA, that was never answered, was grounds for not obtaining the modification and a Federal lawsuit. Until they answer the RESPA (which is Federal law) I will not sign anything. They have misappropriated my payments and my escrow and until both of those are located and corrected, a modification cannot accurately transpire. Their modification was a joke anyway! I would have been very foolish to have signed it.
    Most of the BoA employees appear to be sham artists or badly misinformed.
    Be aware that Home Retention Services is really a collection service and another arm of BoA.
    The contractual, corporate and bankruptcy lawyer I last saw said their modification is “crap”. That was enough for me to negate it. I am moving and they can have my house, but I will not be railroaded. I will come back with a federal law suit, on that they can count!
    I am sick of BoA and their numerous arms that continue to reach into every aspect of my life.
    Be sure you document, keep copies and send documents overnight/return receipt. That way they can never say that the documents were not received. This also prepares you for a lawsuit later if the need arises. I tell them if they want to “talk” to me, send it in writing and I will answer. That way there is always proof of the conversation…or lack of conversation in most cases.
    One thing I learned while working in the medical profession and being required to testify in both federal and civil courts, if it is not written, it is not done.

  • Cathleen Comee September 24, 2010, 4:10 pm

    Add my name to the list. How do I join the lawsuit? I have spent the last 18 months negotiating with BOA and have documented numerous inaccuracies and contradictory correspondence.

    • shannon September 24, 2010, 9:50 pm

      Are you in the Philadelphia area? I just sent a complaint through the US Treasury I spoke to the loan modification department today for 2 hours regarding a package sent out and then tonight I get a call form the Hope team Of Bank of America asking if I recieved thier package. I said dont you have the notes from today. They are simply in violation of our rights. Please lets get together I am going to put all my paperwork in order. This has got to stop now . The Nightline was mainly on the collection of bank cards what about the mortgages?

      • Don S. September 25, 2010, 12:09 am

        Shannon … I’m near Philly. Let’s keep in touch.


        Tomorrow I’m going back over other posts. There’s a few others emerging in Pennsylvania. Seems a class is forming. Might be time to hunt a lawyer.

  • Tammy September 24, 2010, 5:06 pm

    I just got a call from my rep in the CEO’s office. She was very pleasant…but I’m still leery. How can we not be? We’ve been through so much. She told me that I shouldn’t have to worry about this while I also worry about my husband’s health (he has a brain tumor for anyone who doesn’t know). And she’s right…I shouldn’t have to! This should have been wrapped up a long time ago! I bit my tongue….

    She told me that they had closed my case because they couldn’t reach me by phone on Aug. 24 and they tried to leave a message but they didn’t have the “access code” to do so. I have no idea what they were talking about and she said she was confused as well. They apparently opened my case back up 9/13 because of my complaint. I have to wonder which complaint got their attention. I’ve filed MANY. She said she could tell how frustrated I was in that letter.

    I told her we got a “short sale” letter today. She said her notes didn’t reflect that. And it says right in that letter that we are not able to get a loan modification at this time. She said “home retention” is an inhouse collections department and they will continue to hammer us through the mail and on the phone. Funny thing is…she’s only the second person who has called us through this whole ordeal. We don’t get collection calls. Is everyone else getting collection calls? Her call came in saying “unknown.”

    Another thing I learned from speaking to a non-profit credit counselor yesterday, they are NOT reporting us delinquent in our mortgage. I’m stunned. It was my understanding that they’ve been doing this the whole time. I encourage everyone to go to a NON PROFIT credit counseling place. Go through the process and see if they can help you with your other debt. BUT they can make an inquiry (a “soft” inquiry – that doesn’t effect your score) and ask them if BOA is reporting you delinquent. It’s quick, easy and FREE. My time on the phone with them was worth it. We will have to end up filing bankruptcy because of bills…but….the time on the phone was well worth it. Just make sure it’s a non profit.

    I hope my info helps someone else. I hope we’re raising enough stink that they’re starting to get the point that some of us are NOT going to roll over and give up our homes. We need to fight…and in numbers! I’m praying for all of you….we’re in this boat together.

    • Don S. September 25, 2010, 12:15 am

      Great advice Tammy. I’ve used (and will again) Money Management International direct 888-881-7558, or through the Hope Hotline 877-300-5454.

      They had “phone problems” with me, too. The processing company shipping documents for BofA to Fannie Mae doesn’t have access to main BofA records. I had no opportunity to correct or approve what they had before it was sent because they were calling the wrong number.

  • Lo September 24, 2010, 5:40 pm

    heads up, ABC news tonight George Steph. is doing a story on unfair collection practices by none other than BOA and confronting their CEO…hurry to the tv or google it

    • lo September 24, 2010, 6:42 pm

      They did a great job even confronting the CEO Brian Moynihan (or as I will now refer to him Brian Money-in-hand) on the street about the collection violations, they are going more in depth on Nightline tonight, lets see if this reporter will confront him about the HAMP scam!

      • Shannon September 24, 2010, 9:52 pm

        I for one am going to contact nightline now regarding the HAMP scam and think everyone else should do and especially if you have paperwork and counselor notes documenting everything.

        • LO September 24, 2010, 11:04 pm

          Brian Ross with Nightline actually did the report and is the one that confronted BOA CEO Brian Moynihan (Money in hand)
          on the street. It was on unfair collection tactics but he seemed to keep hammering BOA.

          • Don S. September 25, 2010, 12:17 am

            I was at work all evening … darnit. It’s not up on the ABC site yet, either. In fact, nothing’s even coming up on the ABC News site at the moment.

  • Tammy September 24, 2010, 9:18 pm

    I googled about George S. ….I don’t see anything new for awhile now….can you post a link….

    No offense to anyone…but I really hope this doesn’t become a political forum of who created all this nonsense. I think I would unsubscribe at that point. I don’t care who created it…I care only that we’re in the middle of it…and we need to share information to get ourselves out of this quick sand….politicians ALL lie…I didn’t even bother to vote in the primaries…I spent my time trying to save my house!

    • LO September 24, 2010, 11:06 pm

      I agree, please folks lets quit making these statements about Obama’s plan, it doesn’t matter, they are ALL in bed with the Finance Companies and Wall Street, lets just try to get the courts to uphold banking and fraud laws!
      Brian Ross with Nightline actually did the report and is the one that confronted BOA CEO Brian Moynihan (Money in hand)
      on the street. It was on unfair collection tactics but he seemed to keep hammering BOA.

      • Don S. September 25, 2010, 12:27 am

        Face it Lo … far too many of them are in bed together … and it’s one huge bed of ten square miles on the northern border of Virginia.

        So I’d throw my hat into being non-political also … and I HAVE to point out that my Congressman’s office and my State Assemblywoman’s office have been VERY helpful … and they are from opposing parties.

        Regardless of how we feel, these folks are in office precisely to do these kinds of things for us, regardless of party. It’s a Constitutional obligation to protect our rights.

        If we argue about this party being good and that party being bad, we defeat the purpose of Representative Government … and the bad guys win while we argue.

        It’s like the Coke and Pepsi argument. They pocket the cash when we could be drinking that free stuff that literally falls from the sky … and add our own flavoring … but they even have us buying that free stuff.

        We have to stop playing into their hands.

  • Gina September 24, 2010, 10:33 pm

    Sent my letter to 60 minute and HUD,Congressman,AGeneral,Georgia Banking and Finance,Occ and others. Called 3 attorneys.Told there was a new screw ball law put into effect Jan. 2010 stating that a lawyer cannot negotiate on the behalf of a homeowner unless an actual foreclosure by an attorney has been filed. Only a Mortgage Broker is allowed to negotiate on your behalf. Called one!

    It appears that the only hope we have is lawyers.Bofa will not communicate at all and when you call them,well everyone tells you something different. Misleading and not trust worthy.

    Making our voices heard is vital- but protecting our homes is most important. Finding the right representation quickly is the best hope we have…waiting for corporate fairness will most likely send you packing.

    I am in Ga. and I am interviewing attorneys to represent me in a final negotiation. In addition- if others are interested in forming a group to find a class action attorney contact me and I will ask around. If you already have a class action attorney please share that info.

    I am frightened by this darkness and I absolutely hate feeling out of control- but what I know is that we should always have a back up plan. Do not assume Bofa or any bank will work with you. Do your work-think about it-document-complain and prepare to prove your case.

    Alot of work I know.I own my own business,have a daughter at home and have little time-but I make time! Do not hesitate! Do not assume!
    Report to every possible outlet and get representation.

    Organize your note
    Create a time line
    Print out bank statements showing payments
    Call the bank and request a payment history for 5 years
    Keep in constant contact with the bank- email is great if you can
    Be prepared to defend yourself
    I have everything in a 3 inch binder ready to go!

    The squeeky wheel…

    God help us all!

    • Don S. September 25, 2010, 12:29 am

      Great advice Gina!

    • Mary September 25, 2010, 7:33 am


      I have found a good contractual, bankruptcy, corporate lawyer in Marietta, Georgia. I was referred to him by my CPA.
      His name is Barry Staples and he is located on Whitlock Avenue. He may be able to advise and/or help you.

  • caroline September 24, 2010, 10:50 pm

    I’d be curious to know how many of us there are on this blog, and how difficult it would be to sign a petition to send to the Treasury Department. It seems like there are multiple lawsuits in the works against B of A; one was dismissed in a federal court in Michigan, but I think there were different issues. The court held that the homeowners were not entitled to relief because a loan modification is not a RIGHT, constitutionally protected, and the banks have discretion as to who they approve. It seems to me though that many of us aren’t upset because we haven’t been approved, rather that they have strung us along and added interest to our principal ($28,000 on mine because they’ve strung me out for 17 months). Also, they have been reporting me as 120 to 150 days late on my mortgage for a year, even though they admit that they are prohibited from doing that under HAMP provisions. I’ve contacted a lawyer in Alabama, and plan to move forward with a lawsuit. I may sue the three credit reporting agencies as well.

    • Joan September 24, 2010, 11:42 pm

      The only way a petition is acceptable is if it is signed by hand. An on-line petition will not work. I ran across this on another matter. Great idea though!

      • Don S. September 25, 2010, 1:06 am

        Networking this thing needs to be the first step. Start a registry … identities protected, naturally. Categorize mortgagees … dropped out, declined by BofA, declined by Freddie or Fannie, Sheriff saled out, in negotiation, etc.

        At a minimum, include contact information and the (notarized) timeline of events, possibly including a financial list of charges and fees accrued during the period.

        Once that’s established, signatures would be a snap … collect donations for postage. I know of 501c3 non-profits that are set up specifically to collect for “causes” like this.

        I feel a standard format form evolving out of this. Length of modification process, times documentation was lost, total number of phone calls and their lengths (phone records can be gotten), a list of BofA contacts over the period … etc, etc.

        They’re organized … we should be, too. We might be like the Germanic hordes against the Roman Legions … but the Romans DID lose three legions in 9 AD to the “barbarians.”

        Sorry … getting all “brainy” again. I watch the History Channel.

        • LO September 25, 2010, 10:32 am

          Don, quit apologizing for being “brainy” from what I can see we are all intelligent people.

    • Don S. September 25, 2010, 12:44 am

      It’s my understanding … and not an expert by any means … that banking is HIGHLY regulated in this country. A friend of mine is a commercial lender (officer) and he once explained that he has no less than SEVEN agencies looking over his shoulder.

      A modification certainly wouldn’t be a right, but FAIR PRACTICES are. I don’t think a highly suspicious, frequently repeated pattern of “alleged” incompetence and repeated “errors” is fair practice.

      If their computers are broken and their people are stupid, they shouldn’t be allowed to conduct business … but I don’t think either is the case.

      I’d love to know what their annual training budget is … hundreds of millions I suppose.

      Personally, part of me is glad they’ve gone this far and gotten this blatant and arrogant.

      Hard to hide that.

      And if anyone from BoA is reading this … it’s a little late to fix it. There’s a couple hundred thousand cats out of that bag … at the very least.

  • tc September 25, 2010, 6:50 am

    Exact same story as these others with BOA since January 2010. My original loan was with CountryWide. Any legal action against BOA in SC?

  • Mary September 25, 2010, 7:57 am


    Please forgive me for injecting politics into this forum. I am sorry if I offended anyone. My frustration with the political climate and my/our situations was showing through.

  • Shannon September 25, 2010, 10:14 am

    Just saw CCN this morning and they were talking about the housing crisis and how the HAMP is nothing but a fraud, this was right from CNN.

  • Mike Gee September 25, 2010, 12:02 pm

    How do I get in on the lawsuit.I have been tring for 1.5 years.At one point I was told I was approved.

  • cb September 25, 2010, 12:06 pm

    “Told there was a new screw ball law put into effect Jan. 2010 stating that a lawyer cannot negotiate on the behalf of a homeowner unless an actual foreclosure by an attorney has been filed. Only a Mortgage Broker is allowed to negotiate on your behalf. Called one!”

    Do you think our government is involved ?

    Jesus Christ, is this too damn obvious that this law suddenly appears???

    This has got the be the largest government conspiracy in history.

    At this point I have to wonder if they built a strong military to
    protect the country, .. or protect them selves from US citizens.

    I’ve have never been so upset about anything as I am thins.

  • Rebecca Owens September 25, 2010, 12:24 pm

    I am so grateful to have found this website! I’m not ALONE!! Any recommendations for a Minnesota modification nightmare?

    • Barbara Johnson September 25, 2010, 4:50 pm

      Rebecca, you are the first other person I’ve seen on here from Minnesota. I’m from Duluth. I’d be willing to share my experiences with you. I’ve been doing this a long time, and I just got an approval for a HAMP by using a lawyer. By October 20 it is supposed to be final, so if you want to keep in touch, let’s go for it.

      • Rebecca Owens September 25, 2010, 10:29 pm

        Way to go Barbara! Yes, I would like to keep in touch. I can’t afford a lawyer but guidance in the right direction would really help. I’ve been keeping pretty good documentation on the whole situation but after 2 years, its becoming so repetative. Same old conversation again and again. I talked to a CSR Thursday night that said I hadn’t called since August?? It’s almost become a nightly ritual….another hour on the phone saying the same thing over, demanding information that no one can provide. I make sure they document the conversation and if I don’t hear typing I ask what they’re doing. It is getting to be kind of fun messing with reps!

        I sent an email to freddie mac the other day and got a call back the following. Ammaarr left a message to call with any questions. I called, was transferred to india and got another rep. I said I have questions and she had no clue how to answer them.

        What a sad society we live in. Their greed is disrupting our lives and its time to fight back!

        • Christy October 13, 2010, 9:49 pm

          I’m in Minnesota! I am dizzy just reading all of these posts as I’ve been going through the very same things for exactly a year. I was approved in April, began making my new payments on time for 4 months until they told me there was an issue with the name on my account. Suddenly, they had my old married name on the account and needed it changed. After 4 MONTHS of submitting, resubmitting, calling, calling, calling, I finally got them to change my name. Now, they’ve told me the old modification is null and void and we have to start over. I’ve started getting all of the old threatening letters again (Acceleration, etc).
          I was pretty confident I’d be approved and that this was just a formality, but after seeing local and national news in the last couple of weeks I’ve started researching. Much to my dismay, it appears I’m just another bug caught up in a spider’s web.
          Does anyone know of a class action suit going on here in MN?

  • Shane Jones September 25, 2010, 1:14 pm

    Greetings all;

    I have been gone from this site for a while now but I wanted to give everyone an update. We went through the same thing all of you are going through. I contacted media, the state AG, everything. We were finally able to get BOA to cooperate and give us a modification, I believe the reason is because I filed a complaint with the feds, my negotiator with BOA had it on her desk when we finally started to make progress. So here is what you do. Go to the web site sigtarp.org and fill out a complaint form. Continue hounding in every direction you can think of but I think this is what will finally get them moving for you. Good luck.


  • Ted September 25, 2010, 4:28 pm

    For a text version of BOA’s unfunny foreclosure tricks GO TO:
    This is worth the read and a site where we will find new allies and fellow victims. There are also quite a few “it’s not the bank’s fault” commenters.
    Let’s keep rocking BOA’s boat. If we can make the waves big enough perhaps we can toss Brian Moynihan and his cohorts into the water with us.

    • LO September 26, 2010, 2:26 pm

      I wrote the reporter who wrote this article, you can too!

  • Ted September 25, 2010, 4:43 pm

    Hi all….also from cnn.com:
    There’s meat and potatoes in this article. Get a load of the figures in paragraph 4… “HAMP modifications reduce a borrower’s monthly payment by an average of $608, while bank modifications lower it only by $307”.
    Reductions like that I’ll bet most of us would be thrilled to receive.

    • Don S. September 25, 2010, 11:20 pm

      Link didn’t work for me Ted. I found it at … money.cnn.com/2010/09/24/news/economy/Mortgage_modifications_redefaults/?section=money_latest

      Ok, it’s a given that this is a “CNN Money” article, but I’m getting a little tired of these articles about banks, banks, banks and investment. They proliferate … as if the ONLY thing newsworthy is someone’s stock portfolio.

      Sorry guys … I put PEOPLE and their HOMES first … the FRONT PAGE.

      We can talk about investments on Page 32.

      What’s next? Tent cities and bread lines? While investors count their winnings?

      There’s a few things upside-down in this country.

      • Rebecca Owens September 25, 2010, 11:31 pm

        How sad is that?

    • lo September 26, 2010, 2:16 pm

      my modification INCREASED my payment $200 a month!

  • bob mccurdy September 25, 2010, 7:04 pm

    Question—Does anybody have an estimate or parameters as to what
    it might cost a potential plantiff to join a class-action lawsuit against
    BoA. What?—nobody has any idea? Seems to me that would be
    want-to-know information.

    • Rebecca Owens September 25, 2010, 11:34 pm

      Like anyone can afford to pay someone to help?

    • Don S. September 25, 2010, 11:35 pm

      Bob …

      Valid point, but in my 3 weeks or so on this blog, I can clearly see this is in its embryo stage. We’re just now getting to the point of hunting them down … and it’s a hell of a hunt.

      Remember, as the 5th largest corporation in the USA, I’m sure lawyers are VERY intimidated by the floors and floors and floors of lawyers BofA has on their payroll. It’s not David and Goliath, it’s a single-celled amoeba against Mount Everest.

      That’s not to mention the scores of outside lawyers they hire.

      Besides, the real money is in the win. I’m waiting for a a lawyer or a law firm with some guts and brains to emerge that can see this clearly winnable pattern. This blog alone has at least a hundred cases to trace a common pattern.

      These cases are literally representative of THOUSANDS of other cases. People drop out and give up, people get overwhelmed and simply lose to them, people keep silent out of embarrassment, or they might get some whacked-out modification, sign and blindly pay through the nose.

      I don’t think a fifth grader could miss the planned, systemic, repetitive, blueprint at work here, given the facts.

      I’m waiting (and looking) for a drooling legal bloodhound with the statutory gonads to take this to the mat … even if it IS only to cash in … and Federally, if possible.

      Banks can’t have them ALL cringing in the shadows.

      • tc September 26, 2010, 12:00 pm

        I don’t understand. If this is so clearly obvious fraud nationwide, and with my documented communication with BOA for the past 9 months, how could a judge not rule in favor of the homeowner who has been making payments and BOA admits to losing the paperwork? Why do I need a lawyer to present my case to a judge?

  • Rebecca Owens September 25, 2010, 11:45 pm

    There has got to be someone out there with a huge pair of balls and a heart of integrety! That in itself will be a challenge.

  • Don S. September 26, 2010, 12:17 am

    Anybody have a straight-line email address for Oprah?

  • Don S. September 26, 2010, 1:13 am

    Another question …

    In taking all this up a notch, are most of you familiar with Skype? or have the capability to use it? You need speakers and a microphone.

    If you are, please email me and maybe we can schedule a vocal conference call.

    If you aren’t familiar with Skype, email me and I can send instructions. It’s a free way to converse over the internet, conference call style if you like (multiple participants).

    Once we have a list and set agenda, maybe we can have a live, kick-butt tele-conference about all this.


  • Carmen September 26, 2010, 1:24 am

    B of A modification is a joke, we started the modification Oct 2009. All docs submitted, b of a lost the affidavit of hardship 3 times, getting the run around forever. Each department don’t know what the other is doing. Temp pymt continued for almost a year, final docs come in Aug 20th 2010. The pymt is the same as we started! and the numbers don’t match. According to them the principle balance was higher than what we started with. The crazy thing is the rolled our 2100.oo payment back to June 1st which now makes us 4 months behind on the new agreement.

  • Bruce DiMauro September 26, 2010, 3:02 am

    I want to get info on a class action against BOA. I have to agree with most of thr posts. They are taking advantage of me.

  • mary ann September 26, 2010, 10:39 am

    Were you placed in a HAMP trial modification but denied a permanent modification? What are you doing now? If you are in this situation, please comment below or send an e-mail to realstories@cnnmoney.com. We are interested in profiling people in an upcoming story.

    • lo September 26, 2010, 4:37 pm

      I wrote them

  • Jennett September 26, 2010, 10:45 am

    Bank Of America Debt Collectors Called Borrowers “F___ing N__ger” And “Punk” To Get Them To Pick Up The Phone

    Henry Blodget
    Business Insider
    Sept 26, 2010
    Bank of America has been busted using some seriously outrageous tactics to try to collect debts so small they’re barely worth the paper they’re written on.
    It wasn’t until ABC News ambushed BOFA CEO Brian Moynihan Michael-Moore style outside his office that the firm finally responded by firing its debt-collection firm.


    Watch the video.

    • sheliah September 28, 2010, 7:04 pm

      What most of you all are going through is sicking, BOA is only trying to scare certain people who have no knowledge of how modifications works, let me give you all some of my experience on how to deal with these jack ass’s, first if you can prolong your foreclosure sale date and keep applying for mod, each time they tell you no keep applying and they will get tired of you calling, my experience with BOA was a nightmare, I was denied four times since last year of October 2009 and then kept myself in review with them, then waited until the news media talks about FHA new rule on Making Home Affordable and then July BOA told people who live in Georgia that they would be coming to town July8,9 and 10th of the month at a convention and everybody was there who had FHA, Conventional, Non Confirm loans and Adjustable loans, people I was pre approved and was given an rate from 7.75 to 3.75 and my Mortgage dropped down to $863.63 from $1,228.43 with tax’s and Insurance included for the simple reason the house market is down and nobody is buying new homes for exception of foreclosure homes only, people stay focus and stay on top of your game plan. if you have to get a second job or what ever don’t give in no matter what and if anyone lives here in Georgia or anywhere in the US if I can give you any other information write me on this site, because I know how it feels for BOA to jack you around because I have been there. all of my mod papers were sent to me in August and my mod was completed in August 31,2010 and this is true my notes are current now and I’m at peace knowing that I have WON! and I’m still a home owner for 12 years and have a place to lay my head.

  • Kendra September 26, 2010, 1:23 pm

    To Don S. I am familiar with skype, add my email to your list. I think a conference call would be great. We need to take a stand together. This is out of control. It is progressively getting worse, not better.

  • Kendra September 26, 2010, 1:25 pm

    You would need the email…purple8ball@comcast.net Please feel free to contact me. I have hired an atty. He has advised me not to go to the media at this time, but I’m sure it is because he is filing suit, and he wants them to be served first.

  • Ana L. September 26, 2010, 3:21 pm

    I have been attempting a modification with Bank of America for 19 months. My story is about the same as everyone else. I have 13 pages of notes documenting my ordeal. My story is too long to include in this comments section, but in a nutshel I have dealt with more people in BOA that I care to recall. My last conversation with them was not a pleasant one, I told them that I would join a class action suit when one becomes available in New York. I have already contacted a couple of lawyers and sent them this link to see if they are interested. As soon as one of them replies, I will post his or her name for anyone in New York that is interested. I have written to the Attorney General Fraud Department, the White House , 60 Minutes, and my congressman. It is disgusting what this Bank is doing to us. This program was intended to help us, but instead is helping them (for now).

    • Leo Almazan September 27, 2010, 3:07 pm

      I was on short sale with B 0f A and after 4 months they sat on my application during the last phase after we had submitted all documents, application, had an offer from a buyer and B of A had a negotiator and an investor. Needles to say my buyer walked off after a frustrating 4 months. B of A told me to refile a shor tsale application while my request for additional days to delay the forclosure was filed. B of A forclosed my home and sold it to an REO within 2 days of my request because the investor denied my request! I thought we gave our tax payer bail out to B of A and not to investors. I need to join your class action suit due to their negligence and false statements.

  • Bill McAuliffe September 26, 2010, 3:36 pm

    To “The Person” who has the 13 pages of documentation; Try NBC News, Washington. I at least got a response from one of the Reporters there. Good Luck to All. [The “Person” told me “they” need “solid” (my word) “evidence” in order to work up a story.]

    • Ana L. September 26, 2010, 5:30 pm

      Thank you for your suggestion Bill, I will indeed send my story to NBC News, Washington. My 13 pages are handwritten, as soon as I type them all, I will send it to them.

  • Tim September 26, 2010, 3:53 pm

    I have been trying to get my home loan modified for the last two and a half years. Bank of America has been unwilling to do anything with my loan, and Tuesday they got back with me again for the fourth time and told me that they were going to bring my mortgage current and increase my mortgage $400 more than my existing mortgage.

    I haven’t missed a payment and made them on time since 2001. Last January I was so stretched that I could no longer afford $1800 a month payment so I began making a reduced payment. Beginning in March they sent me out what they call a trial payment period and say that if you make all three of these reduced payments they will modify your existing mortgage. Well in May I was declined for that program because my mortgage is less than 31% of my gross income. “let’s see what other programs we can get for you Mr. Thompson” So they sent my file back to someone in Colorado and it sat there since May. Meanwhile they tell you to send in the trial payment amount and don’t worry e don’t want your home.

    I called numerous times about my file and got the same answer your file is under review. Just keep sending in the trial payment amount.
    I first was in contact with Senator Murray’s office about this back in October of last year. Her office has been writing letters on my behalf to the President of Bank of America. When B of A was Countrywide they sent me out a trial payment period for $250 more than my existing Mortgage, and I refused to sign up and I continued to pay my $1800 a month. Three months later I get a cold call from a Mortgage Broker saying he lets get you refinanced and you can stay in your home. So he ran my credit score and said that my credit score went from 750 to 600 and there was nothing he could do for me and that Countrywide had reported that I wasn’t making the modified mortgage amount. A day after that B of A announced 13 Billion dollars in bonuses.

    Two days ago they informed me that they weren’t going to change my interest rate, They weren’t going to change my term, or the principal. In fact you owe us from January up to the current date the difference from the trial payment period and your existing mortgage plus penalties and interest. Around $2,400 a month. Your loan is now being brought current.

    • sheliah September 28, 2010, 7:07 pm

      What kind of loan do you have?

  • Don S. September 26, 2010, 4:04 pm

    Ana L. …

    Yours is precisely the attitude and plan of action everyone should be taking.

    Good job.

    Reading through the CNN Money blog, every now and then a skeptic pops up sniping at us about being irresponsible and over-extending ourselves, expecting someone else to pay the tab.

    They side with the banks, knowing that no bank is in business to lose money.

    No kidding.

    They live in a fantasy world of trust, believing that institutions “do the right thing.”


    By their very nature wrong.

    These people have precisely zero compassion and even less understanding of what’s going on here.

    The nature of a CEO and board room is to “obtain” as much wealth as possible for stockholders.


    If they have to crash an entire economic system to do it, they will.

    This isn’t fantasy or wild conspiracies or paranoia or a comic book fear of Big Brother … it is simply and literally how business is operated in the world today.

    Those people who are being paid and living off corporate power … or governmental power for that matter … have NO interest in discussing the troubles of someone who is not in that system.

    “That’s your problem.”

    I can’t think of anything more contrary to human decency than that.

    It’s no different than walking past someone sinking in quicksand …

    “You were stupid enough to walk there.”

    What they completely ignore … out of pure, unadulterated selfishness … is that we were PUT here … we did not volunteer. We did not plan to screw our neighbors for something we don’t “deserve.” We weren’t looking for a “free ride.”

    Very powerful people decided they saw a “market” worth taking advantage of … then created circumstances where they could take that advantage.

    It’s just that simple.

    Anyone who denies this … particularly based on the pattern of behavior and the sheer volume of victims … has sand leaking into their ears from where their heads are …

    … in denial of clear, indisputable facts.

    These people are the real enemy. These people give corporations permission to behave in an immoral and unethical manner.

    For you news people out there, that’s the real story. Fictitious corporate entities with “permission” to do as they please without regard for human suffering … whether from stockholders, government or the culture … will simply fulfill the mandate.

    Think hard on how these corporate entities influence those three factions. Advertising dollars don’t just sell products … they change peoples’ minds and write lobbyists’ scripts.

    Where does that leave us?

    … fighting the fight I used to believe you’d only read about in books and see in movies …

    … but this is real.

  • Tammy September 26, 2010, 4:21 pm

    Found someone who already has their teeth into BOA – but hasn’t yet bit on the modification dirt. Read this article….then email him and ask him to PLEASE cover our mess!!! I’m doing it now.



    Band together people!!

    I’m asking him to visit our site…and our nightmare. I think he’ll cover it!!!

  • Andrew B. September 26, 2010, 4:38 pm

    I am in the same boat as many who have expressed their regrets from every entering this awful or so called “helpful” modification program with Bank of America. My scenerio is just absolutely rediculous. I started my trial modification period on January 1st, 2010 and was just so excited that they were reducing my mortgage $300 during this period as we had our first baby on December 24th, 2009. They got all my documentation and then on March 1st, they sent a request for the same information again. I then sent their requested information off and I also faxed it to cover myself. Then..approximately 3 weeks later, i get a call from a negotiator asking questions and said she would be taking care of my file and requested for me to fax her information..which I did the next day. I then proceeded to call her to have her follow up to make sure things were all in order and nothing!!!! I have yet to hear from her as of today September 26th. I had to go back to making my regular mortgage payments in May as BOA was not putting any money into my escrow account and on top of that, they reported me 60 days past due. I am fed up with them and I get tired of calling because everytime…they say I’m “under review”. This is a horrible program and I will be dropping out if I don’t have permanent modification by Thanksgiving as almost a year is sufficient to me to make a decision. Please anyone that is looking into this…please stay away from BOA as the only thing you will get is a 150 point drop in your credit score, a 60 day deliquency, and lie after lie.

  • Gretchen September 26, 2010, 7:19 pm

    I have to ask – what about those of you who DID act irresponsible?

    Who used their house as an atm cash machine. Who spent all the money on toys, jewelry, vacations, cars, you name it. Now you want your principal reduced, your interest rate lowered, your terms changed. How is that fair to the rest of us who are struggling to keep it together?

    Why is it everyone else’s fault – the media, the politicians, Big Bank, Big business? YOU are the one that SIGNED on the dotted line. You are the one that is not holding up your end of the bargain.

    As for Fanny & Freddie – do you know how many seniors lost everything in this? They were investors. So are you, your friends, your family members. Everyone with a retirement or 401 K. The Common Man is the loser in all this.

    So before you continue to blast everyone else, look in the mirror, admit you are the one that blew it. You did not have to refinance & take out all your money & you did not have to go with an Interest only loan.

    If you read the paperwork you would know what was coming down the line.

    As for all these stories, perhaps there are a few that are legit. But my guess is many are just you telling your side. We cannot hear from BofA because of privacy. You are allowed to slander, libel, besmirtch the reputation of many many people and they cannot comment 1 word.

    I guess that is why nothing is really being done so far. These individual “stories” are just that. They are not EVIDENCE of any wrong doing.

    I guess some of you are hoping for what? A free house? A big payday?

    And, to the real victims that may or may not be on this blog – God Speed & heres hoping you do get justice.

    • MARY ANN September 26, 2010, 10:57 pm

      OH NO YOU DIDN’T???


    • Kendra September 26, 2010, 11:13 pm

      You must work for BOA. I have proof…solid evidence…a contract dated July 16’th outlining the new terms. I was told to sign it and return. It was reviewed by my friend who is a closing attorney. Let me give you a quote from my mortgage modification.

      ” To accept this offer, please sign and return the following documents by Aug 16’th. If there is a foreclosure sale pending, or on hold that hold will remain in effect. however, if we do not hear back from you by August 16’th that hold will be lifted, and the process will resume”.

      They received the documents via Fed Ex Aug 3rd. AMAZINGLY….on July 30’th I received a certified letter from BOA’s attorneys. claiming I was in breach of contract, and my house will be sold at Auction Aug 31’st. HOW? BOA’s CONTRACT clearly states, I was APPROVED, not pre-approved…APPROVED. I had until August 16th to respond. YET in July 14 days after they approve me, they want to foreclose. I had to file bankruptcy to save my home. I learned from BOA’s attorneys while sitting at the bankruptcy court that they were ordered to set a sale date on July 16’th THE VERY SAME DAY THEY APPROVED ME FOR A MODIFICATION!!!

      The sad part is there was no foreclosure pending, or on hold, they decided to BREACH their OWN CONTRACT, and set one before AUG 16’th.
      That is proof…..written………clear proof…..of their deceptive practice.

    • LO September 26, 2010, 11:19 pm

      Gretchen, I am wondering what brought you to this website and to read these stories by hurting American homeowners? Even more I am wondering what you think your “investment” is in BOA? Are you an employee? A stockholder? is your Daddy or Mom one of many Bank Execs who do not understand the true nature of the Corporate for profit Banking Business?
      I would ask you to also “look in the mirror” and ask yourself this (if you have a mortgage) Do YOU have control over the market value of your house? Do YOU have job that you cannot lose? Do YOU have perfect health and health coverage and unlimited savings to pay for your health care? Do YOU have a lawyer on retainer to protect your interest? If you can answer yes to these questions, Gretchen, then you are not “The Common Man ” “trying to keep it together”…. you are one of the elite, who are benefitting from our pain and loss…. either way Gretchen, you should be ashamed of yourself, and if you are not ashamed, then YOU are heartless and SHOULD go into the banking business, you will be perfect for it!

      • Florence September 26, 2010, 11:31 pm

        LO…I could not have said it better. This is not about irresponsible people, it is about job loss, job pay cuts, health issues as you stated. We are NOT looking for a FREE house or someone to pay it off and walk away. We are looking for a modification due to decreased values, lower interest rates. We want to maintain the house, make mortgage payments and pay taxes. I personally have worked as a single mother for the same company for 27 years…zap…30% pay cut, loss of pension, and increased medical..just trying to hang on by a thread. The Gov’t gave the banks the money…they are sitting on it…increasing fees and obtaining property erroneously..and not helping their customers who qualify to stay in the house and mortgage. I am sure they are writing off huge losses at the expense of the customer. People like Gretchen will get it eventually. No one ever see’s themselves in the situation until it happens out of the blue and you become panicked. What goes around comes around.

    • LO September 26, 2010, 11:29 pm

      I got so disgusted by your theories about “the common Man/Woman’s” plight I forgot to share my EVIDENCE with you.
      I have a log and recorded calls catching them in more lies than I can count.
      I have a print out of my online transaction record before they “doctored” it and changed dates and payment amounts.
      I have records to prove I not only could afford my home when I bought it, never took any money out of it, but it went upside down due to the market value in our country/state/city/neighborhood falling
      I have copies of receipt that they got my documentation and signed paperwork, TWICE but claimed they had not
      So, Gretchen, now that you have my EVIDENCE that you asked for, what are you going to do with it? Go to bat for me with your bank BOA?

      • Gretchen September 27, 2010, 12:05 am


        Forgot this little tidbit. Seems Big Bad BOA is an Industry Leader in HAMP. 80,000 completed modifications to be exact. Seems some people are being helped.

        • LO September 27, 2010, 10:38 am

          I have no doubt you will read the responses to your post, or you wouldn’t have made it. Just because BOA claims to have done 80,000 modifications ( how many years does that cover? are those completed or in the process?) does not mean that they did them fairly, within the law or did them well!
          I am going to email the writer of that article to ask those questions, and if they are onboard to send a questionaire to those supposed 80,000 and ask 1. how long did it take ?
          2. were they treated fairly? 3. did it actually lower their payment or balance?
          That would be the group to survey, the homeowners themselves. Oh and we could ask them if 4. please list the hardship that caused them to apply for HAMP or did BOA initiate the application?
          That is a survey that would “tell all”

        • LO September 27, 2010, 11:51 am

          heads up folks! that “article” was a press release FROM BOA, so it was written by BOA media relations, basically it is just

    • Gretchen September 26, 2010, 11:49 pm

      Mary Ann, Kendra & Lo,

      I do not see where I single you 3 people out. Did you not see where I stated to the real victims “GodSpeed” ?? No you just want to jump my bum because I DARE say there are people playing the system. You showed your true colors calling me “Heartless” & telling me “my turn was coming”. I must have really struck a nerve. Instead of trying to further your cause, you showed how rabid you are. I have every right to say everything I did. I stand by it. No mommy & daddy are not executives. What it they were???? You want to play the class warfare??? Go ahead. People are sick of that game let me tell you. That will not get you anywhere.

      Go ahead & pile on. Show all that read this blog for what ever reason they visit this website how you really are. I am willing to bet the general poplulation would side with me.

      I will not respond any further so go ahead & have a blast. I will not read either so it will just be entertainment between those of you comiserating on this site.

      I repeat what I said earlier. To the real victims out there, and I NEVER said there were not any, GodSpeed & I hope it all works out for you.

    • pam September 27, 2010, 12:35 am

      If you knew what you were talking about it would be a different story. The responsible party that was the cause of all the job loss and the tanking of not only the American economy, but the world economy was the banks and wall street. There actions and lack of reaction to repair their own damage was what was more than irresponsible, it was immoral. If you believe the banks are taking losses and are suffering because of “irresponsible homeowners” you could not be more wrong. When the government took over FNMA and Freddie Mac in 2008 , they decided to insure all those invested properties. So, when they foreclose, they not only make the money that they sell the property for, but, are reimbursed by the FDIC (Federal Depository Insurance Commission ) at 80% of the original amount of the loan , even though the loans were purchased @ 70% by the investor. So, it is profitable business for the banks to foreclose , rather than give a modification. If you are wondering who pays this insurance…….you do. The American taxpayer. Not only did you bail them out twice (once under Bush, once under Obama) you are bailing them out again with your tax dollars……hence the word Federal in FDIC. The worst part is , they pretend to participate in the modification program and leave people in virtual limbo for months and months on end, assuring them that a modification is in the works, when in fact it is not. The banks are just covering , until they can foreclose. It is in a word……cruel. If they just told homeowners, — sorry no modification for you , it would be a different story, but, that is not their game plan. They have no problem making false promises, dragging out the process and then taking peoples homes with no warning. So the next time you think you know what you are talking about, you might want to think again.

    • Don S. September 27, 2010, 1:50 am

      Folks, folks, folks.

      Three posts above I clearly outlined Gretchen’s “type” before she even posted. You know they’re lurking out there. She just couldn’t help herself.

      It’s hopeless to argue. They simply aren’t worth it.

      “Educate” perhaps, but not argue.

      Note the quote “A free house?”

      Clearly she’s ignoring everything written in this blog …

      … and failed the quiz in high school that asked her the definition of the word “compassion.”

      We are hard-working, decent people … and I have to say “for the most part” … for “legal” reasons … and we don’t have to defend ourselves to people like that.

      This kind of person simply doesn’t understand. They’ve been programmed by ill-informed media, massaged by a system they’ve sold out to, and misunderstand anything resembling “struggle.” They believe if you are struggling, it’s your own damned fault.

      Remember, we’re a country of “winners” right? Why waste your time with losers?

      I’d like to have the passage cited in the Declaration of Independence or the Constitution … the very CORE of who we’re supposed to be … where it says “this country is only for winners.”

      I have the right to pursue …

      … and let’s get this straight …

      … the INALIENABLE right …

      … meaning, not only can’t it be taken away, it was never GRANTED by anyone in the first place …

      … to pursue Life, Liberty and Happiness.

      When corporations INTENTIONALLY create conditions where I lose my business (a specific fact of the matter), then come after my home with every resource they have, regardless of how hard I’m working to keep it, those rights … those inalienable rights … have been TAKEN AWAY.

      No, I’m not making excuses for losing a business. Hold your tongue Gretchen. Neither did many of these people lose their jobs because they were idiots, or got sick intentionally.

      We were … simple fact of the matter … MANIPULATED into becoming “distressed,” and the vacuum cleaner … or rather, bank … has come along to sweep us up.

      We are victims.

      End of argument.

      Careful that you don’t let the Gretchens of the world convince you that you were “asking for it.”

      If I was one of a few people suffering hard times, blew it, and couldn’t manage to get out of it, I’d take my licks and move out.

      That’s not the case.

      This is happening to TENS of THOUSANDS of people nationwide, under a pattern of corporate behavior that is UNDENIABLE by anyone with more than five brain cells firing.

      Five hundred years ago, if they wanted your home and your land, they simply sent men with swords and took it. Today, they need neither swords or even guns. They have “money,” lawyers and Statutory Law … and have twisted all three to take what they want … in the tens of thousands.

      This isn’t some TV show. This isn’t some article in a magazine or a “pictorial novel” … this is REAL LIFE and they’re REALLY doing it … in the tens of thousands.

      I wish all the “Gretchens” in the world all the best … I really do. That “type” simply won’t understand until they come knocking at THEIR door.

      The simple fact (geeze, I wish they’d see simple facts) is that if these powers get away with this, the “Gretchens” of this world are definitely, absolutely, unquestionably NEXT …

      … because corporations want it ALL.

      • Don S. September 28, 2010, 12:16 am

        Minor correction (and it’s still an understatement) …

        Replace “tens of thousands” with “hundreds of thousands.”

        Has anybody ever seen a hundred thousand people in one place?

      • David C. September 28, 2010, 12:28 am


        How is someone who say bought a house for $200K & that house is now worth $100K & said person now wants to have that loan re-written for the $100K. I am sure there are people really struggling out there. No one ever said there wasn’t. But your buddies on this blog want to make it personal. Believe me, they do nothing to help their plight. You are in the minority. Every day I hear peole say, why do they get a break? I have to pay back what I borrowed whether I can or can’t.

        I lost a good deal of my 401K in the stock market. Should I be able to go back & request it be back? If I buy a $40K truck & it is now worth $30K, must the car dealer roll back $10K to me? What if I bought a $150K house, took out $100K & now with the first & 2nd loan, I cannot pay the total payments, why must the bank restart me at $150K?

        Where does it end? Slippery slope.

        These are what myself & “Gretchen types” are asking. Yet we are smeared on this site as angry, anti-clergy, creeper, bank employees (ouch), can’t spell (that’s fresh!) etc. etc by peole like Tammy & Lo.

        Believe me. People are reading. I found this site when searching for class action on mis-directed 401K funds. It was easy to find.

        If someone posts, & you don’t like it, move on. Ignore it. To get personal & get into a back & forth may drawl me & Gretchen in, but what about the many many that are watching, not saying anything, but filing it all away.

        • Don S. September 28, 2010, 10:38 am

          David …

          I see you struggling with a few concepts contributing to these issues.

          The major point I feel you’re missing is the fact that the majority of us are not … let me repeat “not” … in reversed value homes. In other words, the key point you make isn’t an issue.

          I feel you’re a victim of propaganda … as are the people you speak with every day.

          If you read these posts, many simply contacted the other party to their contract … the bank … to renegotiate the contract … which under NORMAL circumstances is perfectly acceptable.

          Under HAMP, which is a clear example of the fact that these circumstances are NOT normal, not only are the banks expected to renegotiate, they’re being paid $1,000 per case to do so. That money comes with expectations.

          Unfortunately for homeowners (a misnomer in itself), the banks have interpreted this to mean “whether we permanently modify or foreclose or not.”

          In other words, they collect the grand regardless of the outcome.

          But too, several here didn’t even ask to be modified, were contacted, entered into the program, and were trashed in the process.

          If ever there was a “slippery slope,” that’s it.

          The point being, you’re focused on a situation that DOES NOT APPLY HERE …

          … and again I have to clarify by saying “for the most part.”

          This is not about devalued homes and going sour on obligations. If that were the case, we’d move out and let the bank “eat it” (which they wouldn’t in any case).

          This is about KEEPING obligations … and a FAIR playing field with negotiations.

          That’s not what the banks want.

          As I mentioned earlier, it’s more than clear to even the casual observer (or non-moron) that the banks have identified a “profit center” and are using every resource to cash in.

          Banks WANT us to walk away. They LOVE it. With all the protections and manipulations at their disposal, THEY CAN’T LOSE.

          You have the victimology of this REVERSED.

          This is more than simply “culling the herd” of distressed mortgages. This is TURNING A PROFIT on distressed mortgages … and even INVENTING distress where it didn’t exist before.

          This is taking advantage of ignorance, promoting and utilizing fear, using shame as a tool of negotiation, creating exasperation and frustration to terminate a negotiation, utilizing complex legal processes and rules to delay and confuse, creating the appearance of incompetence to obfuscate another agenda … all for the sake of PROFIT AT ANY COST.

          Gets awfully slippery there.

          I also can’t help but comment on your “anti-clergy” remark …

          What the HELL are you talking about?

          And as far as “People are reading” … bring it on.

          I can stand in the clear light of day fully prepared for public judgement and scrutiny with a clear conscience.

          Can they?

        • dan September 29, 2010, 2:40 pm

          TO: David . C
          David, you don’t make sense! You wrote: “I lost a good deal of my 401K in the stock market. Should I be able to go back & request it be back? If I buy a $40K truck & it is now worth $30K, must the car dealer roll back $10K to me? What if I bought a $150K house, took out $100K & now with the first & 2nd loan, I cannot pay the total payments, why must the bank restart me at $150K?”

          David, how come you didn’t add?: ” Bank of America took a risk investing in sub-prime and provided mortgage loans to people who bought houses they couldn’t afford. And when Bank of America lost a great deal of their investment. BOA Ceo’s and Investors came crying to the government to bail them out, and we (taxpayers) bailed them out against our will. So that the ceo’s and investors can continue paying their million dollar homes and bonuses. How does BOA different from what you wrote? And yet you’re attacking the people (who you don’t even know their situation), on this blog for trying their best to keep their homes. If you believe with what you wrote, you should be talking about letting BOA collapsed and filed bankruptcy the way our system is set up.

    • sheliah September 28, 2010, 7:15 pm


  • Tammy September 26, 2010, 7:40 pm

    Here’s another site with foreclosure information…and people banding together….I’ve seen several references to BOA on there….


  • Bill McAuliffe September 26, 2010, 8:02 pm

    If you don’t hear from me anymore, it could be that I’m locked up. i sent this to the OCC today:
    Sirs: My belief is that BofA, BAC Home Loans Servicing, Recontrust N.A., et.al., is some sort of fancy conglomeration of

    protection, with which none of us common consumers can; A) Understand, B) Litigate against without an Attorney, (in which case

    none of us commoners could afford; and in fact, would probably cost more than the properties We are trying to protect.) and

    C) Are behaving towards many of their so-called “clients” in many instances; very close to what one could label criminally liable activity.

    My property is in Az. Do they even have an actual Business Building in Az.?

    If you peruse some of the many blogs out there: Justia, classactionlawsuitsinthenews.com, 4closurefraud.com, ad. infinitum;

    you can get a ‘glimpse” into what these Brilliant Legal teams are doing to innocent people; and as far as that goes; the entire Country.

    Thanks for letting me vent, and Thanx for listening. Bill McAuliffe [This isn’t One nation Under God anymore; It’s become One Country

    Under “Who’s Got the Most Money”.]

  • MARY ANN September 26, 2010, 10:45 pm



  • Don S. September 27, 2010, 2:12 am

    A very important quote from the “Homeowner Revolution” web site …

    “Many borrowers would expect to not qualify for a loan modification based on income, employment or lack of equity in their home. Well think again … Think Pooling and Servicing Agreement (PSA) and Shared Loss Agreement! Both were offered to the banks by our Government and both are forcing American Home Owners, American Tax Payers into unnecessary foreclosures.”

    The education continues.

    Keep reading people … and pass the word …

  • Tammy September 27, 2010, 6:26 am

    I, for one, won’t let the stupidity of Gretchen get under my skin. I have never been late or missed a payment before or after BOA took over my mortgage….or before or after my trial payment modifications. I’ve done everything I’ve SIGNED ON THE DOTTED LINE to do. I won’t apologize for my husband being diagnosed with a brain tumor.

    I am exercising my right to apply for a modification. PERIOD.

    Don’t let Gretchen sidetrack you. She may work for BOA …or maybe not. Either way – you really can’t argue with a stupid person. And to continue…that’s what we would be doing.

    As I told many BOA reps on the phone. We ALL fall upon hardships at some point. We will ALL have financial troubles….we will ALL get sick. Their day is coming. And they’ll look back on their actions and beg for forgiveness.

    View Gretchen as she is….a turd in the punchbowl. Stay the course people…don’t get sidetracked with her agenda.

    Now…back to the fight….

    • David C. September 27, 2010, 9:21 am


      Your intelligent “turf in the bowl” is quite nice language coming from a pastor’s wife. Did he become a pastor from one of the many Internet or mail order specials out there so that you could say you were a church or something to that effect to further your housing debacle cause with some sort of clery protection? Or are you just a angry & nasty woman married to a good man?

      • LO September 27, 2010, 10:52 am

        so you let us know you cannot spell, you are prejudiced against clergy, you have personal info on a productive member of our blog and you have an anger issue,
        now tell us, why you are posting on this resource site? Do you have any info to contribute?

        • David C. September 28, 2010, 12:10 am

          Lo & you call me out for a misspelled word, you call everyone else out. Have you read the posts? It is amazing how many cannot spell let alone properly string a sentence together. That is something I had not done, but since you bring it up………

          You are the one that referenced your BOA-stop the foreclosure fraud face book site. I simply went to the site & there were all what, 10 or 15 members? I see Tammy Darrow, who did originally posted with her LAST name also. I clicked on her face book. Public domain. She has it open to anyone who wants to look. That is where it Cleary stated her husband just got his pastor ship. So no conspiracy theories.

          Tammy I bet you over use that word creeper. Funny. I think you are a hysterical individual. But I bet all who know you already know that.

          Me against Clergy? Not on your life. But I really had to ask myself, the turd in the punchbowl comment Tammy made to someone else got me wondering is that proper talk from a pastor’s wife?

          So, it this all makes me look like I have anger issues, well you have not idea what true victims of anger & violence go thru.

          Go ahead. Keep it up. I will go toe to toe with you everyday if you want to make this personal. Lets keep this blog exposing the petty people such as yourself & sweet little Tammy. You two are the ones that have turned it personal when a few folks such as myself have dared asked questions. I have every right & will exercise my right to respond.

          Btw….if I buy a $40K truck & the next year it is only worth $30K, does that mean because the value went down I can ask for a principal reduction? I’ll have to try that.

          Good Evening!

  • Ted September 27, 2010, 6:31 am

    It’s sad to read the same story of abuse over and over and over again. The consistency certain alludes to a well defined and orchestrated process, not mistakes.
    One thing that is not often enough noted, however, is that BOA and other “elements” of the financial community are not simply churning homeowners through their gristmill. Many of us had stable incomes and small businesses until BOA of those other “elements” tipped the US economy on its head.
    In my small business, the recession has cut sales roughly in half. Why? Our customers, many of them schools, are operating on austerity budgets, therefore so are we. All the while the BOA boys and girls as well as their compatriots and, dare I say, co-conspirators/accomplices are out for dinner, a good game of golf, or buying up our distressed properties to enrich themselves in the next real estate “cycle”. I would wager that many, if not most, of us are in this situation as a result, direct or indirect, of fraud, malfeasance, market manipulation and other high crimes against America committed in the financial sector.

    Sometimes an interlude in the pain is necessary…to that end I’ll follow Don’s lead with a quote of the day, it’s a bit long, but good for the fire in your belly, your sense of what’s right and wrong and what America stood for coming out of the Second World War:
    “Now hold on Mr. Potter. You’re right when you say my father was no businessman. I know that. Why he ever started this cheap, penny-ante, Building and Loan (sic: Savings and Loan), I’ll never know….But, he did help a few people get out of your slums, Mr. Potter, and what’s wrong with that? Why – here, you’re all businessmen here. Doesn’t it make them better citizens? Doesn’t it make them better customers?…. What’d you say a minute ago? They had to wait and save their money before they even ought to think of a decent home. Wait? Wait for what? Until their children grow up and leave them? Until they’re so old and broken down that they…Do you know how long it takes a working man to save five thousand dollars? Just remember this, Mr. Potter, that this rabble you’re talking about…they do most of the working and paying and living and dying in this community. Well, is it too much to have them work and live and die in a couple of decent rooms and a bath?…My father didn’t think so. People were human beings to him. But to you, a warped, frustrated old man they’re cattle. Well, in my book he died a much richer man than you’ll ever be.”
    Recognize the dialogue? Mr. Smith (Jimmy Stewart) also went to Washington and Frank Capra fought for decency and the dignity of the working man in America. Perhaps a Frank Capra film festival on the steps of the Capital and in front of major bank headquarters around the country is in order. Or we could get Amazon $1 DVD’s and send them en masse to Brian Moynihan or to the White House encouraging Mr. Obama encourage the kind of self reflection George Bailey experienced that evening in Bedford Falls.

  • Jeff September 27, 2010, 10:12 am

    Please all let’s keep focus on what this comment page is for. It is to help each other on getting our situation taken care of with Bank of America.

    Let’s move on from people attacking each other.

    I emailed a bunch of people on TV news including all the VP’s of Bank of America.
    I got a email from Kyle Almazan Bank of america saying this.
    Dear Mr. Pfeiffer:
    Thank you for contacting our office with your e-mail dated September 24, 2010, addressed to the Chief Executive Officer and President of Bank of America Corporation, Mr. Brian T. Moynihan, regarding the above-referenced e-mail. Your concerns were forwarded to my attention for review and resolution.

    Regrettably, your e-mail did not contain a telephone number where you could be reached. Please contact me at 000-000-0000, extension 0000, to discuss the concerns you raised in your e-mail.

    Mr. Pfeiffer, thank you for this opportunity to be of service. As always, for questions, you may contact our Customer Service Department at 1.800.669.6607.


    Kyle Almazan
    Let’s see what he has to say before I post his Phone Number.

  • Tammy September 27, 2010, 10:15 am

    Hmmmm….David….I have to wonder who you are…and what YOUR agenda is here. I could have said a lot more than what I had…as she attacked a group of people working hard to save their homes. I’ve added valuable information to this thread…can you say that?

    Btw, wonder why I’m wondering who YOU are. You have entirely too much personal information about me. That’s a bit creepy. What’s YOUR agenda here, David? Mine is simply saving my home….seems yours is a bit sinister.

    Be aware people!

    • LO September 27, 2010, 10:46 am

      I was wondering the same thing? how did he know about your personal life? Definite creepy, on that note, has anyone had a random person show up at your door saying you need to call this number and hand you a hand written note with BOA phone number, that had been copied and cut out? He said that he worked for a company hired by BOA. I asked for ID, he could not give me any, I shut the door. I immediately called BOA and asked who he was with and they said they knew nothing.
      I think we can assume that BOA is monitoring this site and trying to deflect us and cause discord.
      Keep on track of sharing info to bring them to court and account for the LAWS they have broken.

      • Donald Williams September 27, 2010, 11:55 am

        Yes Tammy, I have had someone come by my house too with that piece of paper a couple of times. They said that they were a independant contractor for bank of america and that they couldn’t contact me and need me to give them a call because they needed information from me about my modification. My telephone number was the same and they had not tried to contact me by phone. Thru all of their nonsense, I believe they are sending people by to see if you have given up after a long period of time in the MHP and want to know if you are still living in the house, if not start the foreclosure procedure at that point.
        I have realized with my discernment that the program has been a stall tactic to keep neighborhoods from being run down with the amount of foreclosures that the banks would not be able to handle at one time. The program is nothing more than a bailout for the banks and not for the American people that they serve. After your number comes up, the bank forecloses on the house and sell it with in a reasonable time to make a profit. Shame on the Government for installing such a program without a true intent of helping people save their homes.
        My case adds another level to this, my foreclosure came due. With the blessings of the LORD and I say it LOUDLY, I was able to secure the money to cure my default on my loan for reinstatement. The problem was the money would not clear my account until 2 days after the sale date. I was still in the program under review and they removed the hold on my loan and I tried to get them to postpone the sale. With a week of numerous calls, BOA would not postpone it and said that it had to be appoved by my investor. What a crock if you ever heard one. Out of all people my investor is Fannie Mae and I called them they said it was nothing they could do, the request would have to come from my servicer(BOA) and it would take 3 days to approve. My sell date Sept. 7 and at this time it was Sept. 3 and I didn’t have 3 days. Enough said, I am still getting the run around it seems to me that they do not want me to get out from under their grasp and want to take my home. No morals or integrity. Bank of America needs to pay for what they are doing. Over all, I have been envolved with this for 3 years since my account was transfered from CountryWide.

  • pam September 27, 2010, 10:41 am

    Ok , it is getting fairly obvious, that someone or something is trying to derail this forum, by eliciting emotional responses and stirring the pot.
    Distracting the rest of us from the task at hand. I strongly suggest all those will real concerns about saving their homes or exposing the banks behaviour, simply ignore those noted above.

  • Tammy September 27, 2010, 11:19 am

    LO – it was quite creepy, yes?? I was floored…but it’s all good. Not falling for the games. They can watch what they want. I’m simply exercising my right to retain a home that we’ve worked years for.

    And yes…I’ve had a company show up at my door too….twice with a clipboard. Titanium Solutions is what they called themselves. BOA claimed no knowledge as well.

    Jeff and Pam….you’re right…Jeff, I don’t think the people who are here to seriously discuss options and info would do that to each other. And Pam…you’re right…they’re trying to derail us. I fed into it for a moment because “he” totally floored me by having my personal info. CREEPER. We need to be careful.

    On a positive note….got a positive response from a Senator today. They’re going to start digging. That’s a delegate, a congressman, and a senator…as well as the agencies I filed complaints with. Hopefully we’ll get the CEO of BOA back on Capital Hill to answer questions about their illegal and unethical business practices. We need to start playing hardball.

    • lo September 27, 2010, 11:55 am

      I agree, got sucked in for a moment because… well I have a heart and feel deeply for those of us in real hardship and fighting to keep the “privilege” of making my mortgage payment on my home….
      Lets agree to not respond to the agitators and keep focused on sharing info on bringing BOA to justice and keep them from taking our homes.

  • Katrina September 27, 2010, 11:49 am

    Well put pam, no matter what all our stories have merit on the forum, if you will. We are not here to judge anyone, but just to gain knowledge to help us all in our battles with BOA. We have more power in numbers than we do alone. The bank needs to be explosed for thier misconduct and lack of helping all homeowners. Simply, what have they really done with the governments money or now our debt?

  • Christine M September 27, 2010, 12:02 pm

    Hey all,
    Did anyone receive an email from Hagens Berman (Washington attorneys) considering other states asking for information? If you need the info, let me know. I am from NJ

  • Don S. September 27, 2010, 12:23 pm

    “Here he goes again” …

    Not to clog the blog with another post … but I’ve been thinking about something we should all remember.

    I know I go on-and-on about corporate this and corporate that, but there’s something about it we can never lose focus of. Businesses (corporations) spend billions of dollars on advertising that project an image that they are sweet and nice and benevolent and only care about your needs, wants and desires. They use playful puppies and happy, smiling faces to drop the hint that whatever they do or sell can only make you happy.

    Has anyone else noticed the proliferation of Bank of America self-promotion commercials lately? I don’t remember seeing so many before. I’ve wanted to break more than one television screen.

    People with only five brain cells firing … and there are tens of millions … blindly accept the images and react accordingly. Heck, I do it myself. Advertising works. But I try to resist and attempt to employ the dying art of “thinking.”

    I’ve been in the advertising business in various forms for 30 years. I’ve been self-employed since 1979. For those of you who haven’t figured it out, I was raised “conservative,” but have progressive ideals (note the difference between “ideals” and “ideas.”)

    In fact, I’m so conservative I SCARE conservatives, mostly because I don’t follow their rhetoric (their battle cries, perpetuating useless arguments and attacks on non-conservatives).

    I’m so conservative that not only am I familiar with The Constitution (although I can’t quote chapter-and-verse), I actually KNOW where The Constitution comes from.

    Most people do not.

    I won’t get into it here, but it’s actually modeled after “The Great Law” of the Five Tribes of the Iroquois Nation, which is officially acknowledged by both The House and Senate in a joint resolution … number 76 in 1987 (look it up).

    My point in bringing this up is to keep us ON POINT with both this blog and our purpose in coming together.

    We are up against a CORPORATION …

    … not “people” … not Right and Wrong … and certainly nothing having anything to do with The Constitution.

    This is a soul-less, make-believe entity who’s SOLE PURPOSE is to take money from people …

    … and it’s reached the point where they (the people who work for this soul-less entity) find it perfectly acceptable to create circumstances that drive us to madness, then throw us into the street, happily cashing in on our misery.


    This is about Statutory Law … the rules governing this “fictitious world.” It is non-emotional and literally cut-and-dry. Problem is, they’ve reached a point where not only are they twisting those rules, they’ve eliminated any chance that those rules could reflect Common Decency.

    Watch this video. I think this judge in New York says it best … although the rules of his fictitious world prevent him from saying it outright …


  • Tammy September 27, 2010, 4:16 pm

    Bank of America is FINALLY starting to get slammed for their crumby service of loan modifications. My son found this for me.


  • cammy September 27, 2010, 4:27 pm

    Just checking in to updated you guys on my file so On friday I received a couple of call’s from Repts from the CEO offices he said his working on my file and expect to get a call from him today Monday Sept 27, 2010 Well I did received a call from a Underwriter from the FannieMae and Bank of America HAMP Program she ask me to fax all my information to her again we all know what that is tax return check stub, and on and on … Most importantly she said she’s working on my file to determine if I qualify or not for the HAMP. Grand you all after 11 months later I get to this point .. This is a plus. But I do want to tell you all my home is schdule for a Trustee sale on the 30th of this month . The only positive of all this is that now there listening after fighting so hard and not giving up I get to this point. I also got the pleasure to HEAR the CEO that she was sorry for all the Misleading her team and BOA has put me throe at this point I dont know what I really want it is so hard to decided What I want and what to do the only advise I could give you all it really pays off calling the CEO and failding complaints in other words just fighting for your rights please dont give up if you believe you are right keep on fighting for it God bless you all and Good LUck I will keep on keeping you posted on my Case..

    • shannon September 27, 2010, 5:46 pm

      Dear Cammy,

      Im keeping my fingers crossed they are really working on your case can u please email me the number or how u got in touch with CEO dept. as I went to my FHA counselor again today and nothing.


  • Bill McAuliffe September 27, 2010, 4:51 pm


    NUMBER: 2009-16

    TO: All Freddie Mac Seller/Servicers June 30, 2009


    Both selling and Servicing requirements are amended with this Single-Family Seller/Servicer
    Guide (“Guide”) Bulletin.

    With this Bulletin, we are announcing that beginning October 1, 2009, Freddie Mac will no longer
    directly provide Note certification and custody services, and has selected The Bank of New York Mellon
    Trust Company, N.A. (BNYM) to perform such services for its Mortgages as Freddie Mac’s Designated
    Custodian (Designated Custodian). Among other things, this Bulletin describes the transition of
    certification responsibilities and custody of Notes to BNYM. The transition period begins
    October 1, 2009, and will extend to the effective date of the custodial relationship the Seller/Servicer must
    establish with either the Designated Custodian or another third-party Custodian. The effective date of
    either such arrangement is referred to in this Bulletin as the “Custodial Agreement Effective Date.”

    The following topics related to this change are addressed in this Bulletin:

    .. Seller and Servicer responsibilities related to Note delivery, certification and custody during the
    transition period

    .. The process and requirements with respect to contracting with the Designated Custodian or, at the
    Seller/Servicer’s option, another third-party Custodian

    .. The announcement of a new Form 1035DC, Designated Custodial Agreement: Single-Family
    Mortgages, that must be used to establish a custodian relationship with BNYM

    .. Document custody fees and charges

    .. Other miscellaneous matters

    As a result of this change, we are also announcing the following:

    .. Sellers selling Mortgages to Freddie Mac through the Freddie Mac Selling System (Selling System)
    Servicing Released Sales Process (SRSP) must establish a custodial relationship with the Designated
    Custodian and deliver Notes for such Mortgages to the Designated Custodian for certification

    .. Sellers must deliver the Intervening Assignments when delivering Notes for certification to the
    Document Custodian, including BNYM, in its capacity as vendor/agent for Freddie Mac or as
    Designated Custodian

    .. In connection with Transfers of Servicing or transfers of custody, Servicers must deliver the
    Intervening Assignments to the Document Custodian, including BNYM, in its capacity as
    vendor/agent for Freddie Mac or as Designated Custodian

    Page 1

    Key Date – October 1, 2009

    As noted above, the transition period begins October 1, 2009, and:

    .. The Notes and related documents currently held by Freddie Mac at its Document Custodial
    Operations (DCO) facility will be moved to a BNYM vault on or before this date

    .. Beginning on this date, Sellers that use DCO to certify Notes and Sellers selling Mortgages under the
    Selling System SRSP must deliver the Notes and Intervening Assignments for certification to DCO,
    in care of BNYM at a new address. In addition, for Mortgages sold through MIDANET® Sellers must
    also deliver a separate data file (see “Certification – sale of Mortgages” below for additional

    .. BNYM, in its capacity as vendor/agent for Freddie Mac, will perform Note certification and
    custodial services for the Notes delivered or transferred to it beginning on this date and through the
    Custodial Agreement Effective Date

    In addition, on or before October 1, 2009, each Seller/Servicer currently using DCO must submit either
    of the following:

    .. Form 1035DC and related forms to BNYM to establish a relationship with BNYM, as Designated
    Custodian (see “Contracting with the Designated Custodian” below for additional information); or

    .. Form 1035, Custodial Agreement: Single-Family Mortgages, executed by the Seller/Servicer and
    another Freddie-Mac approved third-party Custodian, to Freddie Mac requesting approval to enter
    into a custodial relationship with a third-party Custodian (see “Contracting with another third-party
    Custodian” below for additional information)


    Through September 30, 2009

    For Sellers and Servicers currently using DCO, the Notes for Mortgages being sold to Freddie Mac or for
    which the Servicer acquires the Servicing, should continue to be delivered to DCO in accordance with
    existing Guide requirements.

    Servicers should continue to deliver supplemental documents, return previously released documents to
    and request release of documents from DCO in accordance with existing instructions. Because Notes may
    be in transit to BNYM between the date of this announcement and early October, Servicers should
    provide as much notice as possible when requesting release of Notes to enable processing in a timely

    Between October 1, 2009 and the Custodial Agreement Effective Date

    Between October 1, 2009 and the Custodial Agreement Effective Date, BNYM, as Freddie Mac’s
    vendor/agent, will certify the Notes for Mortgages delivered to Freddie Mac (in care of BNYM) and
    provide other custodial services for Notes in its custody. Seller/Servicers should direct questions related
    to Note certification and other custodial matters to BNYM during this period by calling the BNYM
    Document Custody Support Line at (800) 211-2677.

    Sellers and Servicers are advised that there may be delays in certification, funding and other services if
    documents and/or requests are not delivered in accordance with the following instructions.

    Between October 1, 2009 and the Custodial Agreement Effective Date, Sellers and Servicers must use the
    following address when delivering Notes for certification to DCO, delivering supplemental documents or
    returning previously released documents:

    Freddie Mac – Document Custodial Operations
    c/o The Bank of New York Mellon Trust Company, N.A.
    2220 Chemsearch Blvd., Suite 150
    Irving, TX 75062

    Page 2

    Certification – sale of Mortgages

    In connection with the delivery of Notes to Freddie Mac, beginning October 1, 2009:

    .. Sellers must also deliver the Intervening Assignments to BNYM for such Mortgages, unless the
    Mortgage is registered with MERS and the Seller elects to retain the assignments in its files, as
    provided in Guide Section 22.14(e).

    .. For Mortgages sold through the Selling System, Sellers will continue to assign the Note to DCO
    (“Custodian 9999999”) for certification

    For Mortgages sold through MIDANET, the Seller must also provide a separate data file containing all of
    the data that must be certified for each Mortgage in the delivery. The data file must be in the form of an
    Excel spreadsheet and should be sent to the Designated Custodian via secure email or by emailing the file
    using a WinZip advanced encryption or 128-bit Advanced Encryption Standard (AES) with password
    protection. Please contact the Designated Custodian for further information and/or assistance.

    The data file must include the following data elements in the order specified below:

    Freddie Mac Form 1034/1034A Term
    1. Freddie Mac Loan Number FHLMC Ln #
    2. Seller/Servicer Number Seller/Servicer number
    3. Seller Loan Number Seller Ln #
    4. Date of Note Note Date
    5. Property Address Property Street
    6. City Property City
    7. State St
    8. ZIP Zip code
    9. Original Loan Amount Loan Amt
    10. Original Interest Rate Interest Rate
    11. Original P&I P&I Amount
    12. Date of First P&I Payment 1st P&I
    13. Original Maturity Date Maturity Date
    14. Original P&I Payment P&I Amount
    15. Borrower Name Borrower Name
    16. Co Borrower Name Co-Borrower Name
    17. Modification/Conversion Date Mod/Conv date
    For ARMs, include the following additional data elements
    18. Convertible Convrt
    19. First Rate Adjust Date 1st Rate Adj
    20. Index Source Index
    21. Index Lookback Days Lookback
    22. Note Margin Mtg Margin
    23. Interest Rate Rounded % Round
    24. First Rate Adjustment MAX 1st Adj Max Initial Rate
    25. First Rate Adjustment MIN 1st Adj Min Initial Rate
    26. Periodic Interest Rate Cap Period Cap
    27. Life of Loan Max Rate Life Cap

    Page 3

    In addition to the above, Sellers must comply with all other Guide requirements in connection with the
    delivery of Notes for certification, including:

    .. For Mortgages sold through MIDANET, the delivery of Form 1034, Fixed-Rate Custodial
    Certification Schedule, or Form 1034A, ARM Custodial Certification Schedule, as applicable

    .. For Mortgages sold through the Selling System, the delivery of Form 1034E, Custodial Certification
    Schedule, or Note Delivery Cover Sheet

    Release of documents/Transfer of Servicing or transfer of custody

    During the transition period, for Notes held by DCO and transferred to BNYM, Servicers must continue
    to submit requests for release of documents to DCO directly, in accordance with existing requirements. In
    addition, for Notes transferred to BNYM as a result of a Transfer of Servicing or transfer of custody,
    Servicers must deliver the Intervening Assignments in accordance with the requirements for Transfers of
    Servicing when utilizing a third-party Custodian, pursuant to Guide Sections 18.6, 18.7 and 56.9.

    Contracting with the Designated Custodian

    Beginning on July 17, 2009, Freddie Mac will email to Servicers currently using DCO to hold the Notes
    for Mortgages they service for Freddie Mac the materials necessary to enter into an agreement with
    BNYM as Designated Custodian (the Designated Custodian Registration Forms). The email will be
    addressed to the Primary Freddie Mac Business Contact as indicated on the Form 16SF, Annual
    Eligibility Recertification Report. The Designated Custodian Registration Forms consist of the following

    .. Form 1035DC

    .. Additional documents required by BNYM, including

    .. Customer Verification Form (“Know Your Customer” form)

    .. W-9, Request for Taxpayer Identification Number and Certification

    .. Electronic Funds Transfer Authorization

    .. Web Access/Release Request Authorization

    .. Designated Custodian Fee Schedule

    If you are an impacted Servicer and do not receive this email package by July 24, 2009, please contact
    Counterparty Credit Risk Management (CCRM) by email to institutional_eligibility@freddiemac.com
    or by calling the CCRM customer service line at (571) 382-3434, Opt. 2.

    In addition, Sellers electing to sell Mortgages to Freddie Mac through the Selling System SRSP must
    complete the Designated Custodian Registration Forms to establish a relationship with the Designated
    Custodian. Such Sellers must contact CCRM directly to arrange to receive the registration forms.

    As indicated, documents in the Designated Custodian Registration Forms must be completed and signed
    as appropriate, and received by BNYM at the following address by October 1, 2009:

    The Bank of New York Mellon Trust Company, N.A.
    ATTN: New Agreement Execution
    2220 Chemsearch Blvd., Suite 150
    Irving, TX 75062

    Any questions regarding the Designated Custodian Registration Forms should be directed to BNYM via
    email at FreddiemacCustodian@bnymellon.com, or by calling the BNYM Document Custody Support
    Line at (800) 211-2677.

    Page 4

    When review of the Designated Custodian Registration Forms is completed, Seller/Servicers will be
    notified of their Custodial Agreement Effective Date.

    Contracting with another third-party Custodian

    A Seller/Servicer currently using DCO that elects to use a third-party Custodian other than BNYM should
    follow the procedures set forth in Guide Chapter 18 with respect to contracting with a Document
    Custodian and transfers of custody. These procedures include, but are not limited to, submitting Form
    1035, executed by the Seller/Servicer and the Document Custodian, to Freddie Mac.

    After reviewing the Form 1035 and any other required documentation and approving the request,
    Freddie Mac will execute the Form 1035 and communicate the Custodial Agreement Effective Date to
    each Seller/Servicer electing to establish another third-party Custodian relationship.

    Any questions regarding the Form 1035 should be directed to Freddie Mac via email to
    institutional_eligibility@freddiemac.com, or by calling the CCRM customer service line at

    (571) 382-3434, Opt. 2.
    As noted above, the option to deliver Notes to another Document Custodian is not available for
    Mortgages being sold to Freddie Mac under the Selling System SRSP. These Notes must be sent to the
    Designated Custodian for certification and custody.

    Document custody fees and service charges

    Prior to the Custodial Agreement Effective Date, Freddie Mac will continue to bill the Seller/Servicer for
    document custody fees and related charges pursuant to Guide Section 18.8.

    Using the Designated Custodian

    Beginning with the Custodial Agreement Effective Date, BNYM, as the Designated Custodian, will bill
    the Seller/Servicer directly for custodial fees associated with certification and custody services occurring
    on or after that date. BNYM has agreed that it will not increase fees beyond the fee schedule set forth in
    Guide Section 18.8 or impose additional charges prior to September 1, 2010, provided, however, that any
    request for expedited release of files or documents will be billed to the Seller/Servicer’s courier account.
    Seller/Servicers completing Designated Custodian Registration Forms and submitting them to BNYM by
    October 1, 2009 will not incur on-boarding (e.g., transportation or recertification) fees due to the transfer
    of Notes to the Designated Custodian.

    Using a third-party Custodian

    Seller/Servicers choosing to transfer custody to another Document Custodian must negotiate their fee
    structure directly with that Custodian, and should consult with that Custodian as to any on-boarding,
    recertification and other costs that might be associated with the transfer of custody. Seller/Servicers will
    be charged release fees, will incur expenses for shipping, and must have transit insurance for any Notes
    being shipped.

    Compensation for custodial services

    As a reminder, compensation for the custodial services is the sole responsibility of the Seller/Servicer.
    Failure to remit payments to the Document Custodian as required by the Guide is a breach of the
    Seller/Servicer’s agreement with Freddie Mac and may be cause for termination or other adverse action.

    Timing of data in selling system, receipt of Notes, timing of certification and settlement

    As always, to ensure timely funding, the Seller should submit the Notes and related data to the Document
    Custodian in sufficient time to permit certification, in accordance with the instructions in Guide Section

    16.8 and the Document Custody Procedures Handbook, available in AllRegs. For service standards for
    the Designated Custodian, please refer to the Service Levels attached to Form 1035DC as Exhibit A.
    Page 5

    Sellers delivering Notes to BNYM after October 1, 2009 must provide BNYM no less than two business
    days’ notice for deliveries involving more than 500 Notes in order for the Notes to be certified by the
    desired funding date. It is the Seller’s responsibility to inform the Designated Custodian in advance of any
    deliveries in excess of 500 Notes and to deliver such Notes to the Designated Custodian within the time
    frames indicated by the Service Levels attached to Form 1035DC as Exhibit A. Seller/Servicers choosing
    to use the services of another Document Custodian must negotiate their service level agreement directly
    with that Custodian.

    Form 16SF – Identity of Document Custodians that hold Notes on behalf of Freddie Mac

    Form 16SF automatically populates with information Freddie Mac has on record. The Seller/Servicer
    must verify the accuracy of the information and correct it as necessary. For Seller/Servicers currently
    using DCO, until the Custodial Agreement Effective Date, the Form 16SF should indicate that
    Freddie Mac holds the Notes.

    Inquiries on the Form 16SF should be directed to CCRM by either email to institutional_eligibility@
    freddiemac.com, or by calling the CCRM customer service line at (571) 382-3434, Opt. 2.

    Special Provisions

    Seller/Servicers with special provisions in their Purchase Documents related to custodial matters must
    inform their new Document Custodian (either the Designated Custodian or other third-party Document
    Custodian, as applicable) as to the content of those provisions. Seller/Servicers should provide the special
    provision(s) to the Designated Custodian by email to FreddiemacCustodian@bnymellon.com.

    Functions that will remain at Freddie Mac

    Freddie Mac will continue to perform oversight of document custody program requirements and overall
    management of the certification processes and requirements. As such, all Document Custodians will
    continue to submit to Freddie Mac the following completed and executed forms, as applicable:

    .. In connection with the sale of Mortgages to Freddie Mac through MIDANET, Forms 1034S,
    Custodian Certification Schedule Summary, and 1034SM, Custodian Certification Summary for
    Multiple Purchase Contracts, upon verifying the documents and performing the certifications
    required in accordance with Guide Section 18.6

    .. Form 1034B, Custodian Certification Schedule – Balloon Loan Modification, upon certifying the

    information contained in a Balloon Loan Modification, in accordance with the requirements of Guide

    Section 83.103

    .. Form 1034T, Subsequent Transfer Custodial Certification Schedule, upon performing the
    verifications and certifications in connection with a Transfer of Servicing/transfer of custody

    DCO will continue to:

    .. Process requests for assistance with Mortgage discharges, satisfactions, releases of lien or similar and
    other matters related to the chain of title for Mortgages owned by Freddie Mac when we are
    identified as the lien holder in the land records. Please use the Request for Assistance form found on
    our web page at http://www.freddiemac.com/cim/docex.html.

    .. Process MERS Transfer of Beneficial Rights and resolve issues concerning transactions affecting
    Freddie Mac on the MERS residential system

    Page 6


    We will be updating applicable Guide chapters with a future Bulletin to reflect these changes.


    If you have any questions about the matters addressed in this Bulletin, please contact your Freddie Mac
    representative or call (800) FREDDIE.


    Patricia J. McClung
    Vice President
    Offerings Management

    Page 7

    t thought this might be interesting to peruse. Another one of my Archives:

  • Joy September 27, 2010, 6:39 pm

    To anyone in Ohio
    Here is an article the news had tonight to help those in Ohio who are facing foreclosure. They supposedly will help you by giving you money for delinquent loans, help get you modified, help reduce your pricipal, or help with a short sale. I went ahead and applied even though I haven’t gotten a foreclosure notice yet. I figure this money will go quickly so I might as well get in line early for some possible help. Click on the Restoring Stabililty Program link at the end of the article to apply. If this link doesn’t work, let me know and I will try it again.

    Ohio Gets Millions To Help Those Facing Foreclosure
    Monday, September 27, 2010 5:15 PM
    Print StoryE-mail StoryCOLUMBUS, Ohio — Housing officials on Monday announced a new foreclosure prevention program aimed at helping tens of thousands of Ohioans who are struggling to pay their mortgages.

    The Ohio Housing Finance Agency announced the launch of $320 million in federal funds to help consumers who may not qualify for traditional foreclosure prevention programs, Consumer 10’s Kurt Ludlow reported.

    Irene Gibson recently watched as her neighbor’s home was foreclosed on.

    SPECIAL SECTION: Consumer 10

    “They took all of his furniture out, set it out on the street and locked up his house,” Gibson said. “It’s a shame it stands empty, but what can you do? Jobs are hard now and people are having trouble keeping their jobs.”

    For the first time, homeowners who lost their job, experienced a decrease in income, or an increase in medical costs, can get foreclosure prevention help, Ludlow reported.

    “This will be the first opportunity where we can actually help folks who have some kind of hardship that might have put them into a situation where it is a temporary problem, but it is one that they’re facing that we can now help them address,” said Ohio Director of Commerce Kimberly Zurz.

    The fund will provide up to $15,000 in payments, to get the mortgage current, while homeowners search for a job. It can also be used to help with short sales or deeds in lieu, so the homeowner can leave their home gracefully.

    “We’ll be able to provide resources to help them stay in their homes while they are going through job training, while they are looking for another job, while they are dealing with the kinds of things that really weren’t a fault of their own and help them get through these tough times,” said Ohio Housing Finance Agency Executive Director Doug Garver.

    The program is expected to help 26,000 people. By 1 p.m. Monday, more than 1,000 people had already signed up to be considered for the program, Ludlow reported.

    Watch 10TV News HD and refresh 10TV.com for additional information.

    More Information:

    •Restoring Stability Program
    •Ohio Housing Finance Agency
    •Save The Dream or 1-888-404-4674

  • Joy September 27, 2010, 6:42 pm

    I don’t think the link above will work so here is the link to the program. If this doesn’t work go to 10TV.com, click on Consumer 10 then click on article Ohioans to Get Millions.


  • Chris Garcia September 27, 2010, 7:19 pm

    Ok folks though I would pass some stuff on ,I have been tring to save my house since 2008 and have been making the new making homea affordable payment for over a year now and still have gotten know were with these clowns ( Bank Of America , ie: Clowns ink. ) I did some reasurch and along the way the light went off in my head. First and formost I saw a post were someone suggested writing you local and state politicians ( what a joke this is and a waist of your time ) this did a big fat Zero for me and then it hit me, so firt thing was I filed a compliant with the BBB were my payments are sent to ( Uh Oh I hit a nerve with that on ) they responded with a lackluster Oh we handled that when we called and talked to him so its resolved ) NOT ! So back to the laptop and log onto the the BBB again and attatched my case number and again filed a complaint to which I have not herd back as of yet. So no to the crem de la crem the real thorn in there side , I went to this site I stumbled upon http://www.helpwithmybank.gov , ok so when I got on here I thought crap this is just for banking service like checking and savings and stuff like that , wrong, this has really gotton there attention and I strongly believe if enough people go here and log a complaint that these lieing snakes will do what they agreed to do when they took the bailout money. Funny thing is when I called not knowing that it got there attention ,when speaking to the loan mod people , asking were things were , they were as nice as pie ,very proffesional and informed me that my stuff was at the Office of the President of Bank Of America,
    so now I just got a letter yesterday saying I don’t qualify ,so guess what I got ahold of the Bank Commission again , will see were it goes. Fingers crossed. Chris

    • cammy September 27, 2010, 8:56 pm

      Good Luck Chris your story sounds so similar to mines and now there reviewing me again for a modification According to the HAMP rules you only get to apply one time with them so if your bank denied it they have 30 days to appeal you have to have strong evidence for them to retract there decision… But it could be done so remember dont stop fighting Becuase the only advocate that really could help you is your self…


    • Andrew B. September 27, 2010, 9:36 pm

      Thanks for the info Chris!! I just submitted my complaint as well and we will see where this takes me. I hope I get something resolved. Thanks again!!

  • Don S. September 28, 2010, 12:58 am

    Interesting quote by David C. Darnell, President, Global Commerical Banking, Bank of America on Jul 29, 2010 at the National Urban League Centennial Conference…

    “On the mortgage side – still the biggest issue our country is facing – we’re helping customers stay in their homes and manage debt by lowering interest rates and monthly payments.

    Since January 2008, we have completed mortgage modifications for 650,000 customers. That includes modifications made under the government’s permanent Home Affordable Modification Program, as well as our proprietary modifications for customers who don’t qualify for HAMP.”

    A) Define “completed.” Note that he didn’t say “approved.” Just because the process was completed, doesn’t mean people kept their homes. (This is the definition of the word “obfuscation.”)

    B) Proprietary modifications he mentions … BofA private negotiations with homeowners … are proven statistically to be reduced only by HALF of government regulated modifications, when they were made at all. That doesn’t include TWO THIRDS (2 out of 3) homeowners that dropped out from exasperation from the telephone and paperwork nightmare … or should I say “night terror.” He doesn’t mention them. Funny how the word “terror” appears now and then in these discussion.

    New Term: Domestic Economic Terrorism

    C) Let’s see some evidence of your volume claims. This is what news people are digging up —

    “In fact, BOA received HAMP funds (government reimbursement for loan modifications) but had only helped 4% of the 15% of customers eligible for HAMP, which the Wonkroom describes as “willful noncompliance”. To be reasonable, implementing laws takes time and usually more than a year. However, BOA continued to foreclose on HAMP eligible customers unless the customers forcefully asserted their rights, usually requiring an attorney. It also lagged behind other banks in implementing modifications.”

    D) Can you say “crock”?

  • David C. September 28, 2010, 1:01 am

    Lo & you call me out for a misspelled word, you call everyone else out. Have you read the posts? It is amazing how many cannot spell let alone properly string a sentence together. That is something I had not done, but since you bring it up………

    You are the one that referenced your BOA-stop the foreclosure fraud face book site. I simply went to the site & there were all what, 10 or 15 members? I see Tammy Darrow, who did originally posted with her LAST name also. I clicked on her face book. Public domain. She has it open to anyone who wants to look. That is where it Cleary stated her husband just got his pastor ship. So no conspiracy theories.

    Tammy I bet you over use that word creeper. Funny. I think you are a hysterical individual. But I bet all who know you already know that.

    Me against Clergy? Not on your life. But I really had to ask myself, the turd in the punchbowl comment Tammy made to someone else got me wondering is that proper talk from a pastor’s wife?

    So, it this all makes me look like I have anger issues, well you have not idea what true victims of anger & violence go thru.

    Go ahead. Keep it up. I will go toe to toe with you everyday if you want to make this personal. Lets keep this blog exposing the petty people such as yourself & sweet little Tammy. You two are the ones that have turned it personal when a few folks such as myself have dared asked questions. I have every right & will exercise my right to respond.

    Btw….if I buy a $40K truck & the next year it is only worth $30K, does that mean because the value went down I can ask for a principal reduction? I’ll have to try that.

    Good Evening!

  • Don S. September 28, 2010, 1:46 am

    Another interesting Facebook page with equally interesting links …


    Also, since I’m not a regular viewer of 60 Minutes these days, I missed this. It’s how they covered things back in May …


    Maybe they’re not ready to see things from our perspective.

    After watching, one has to wonder if banks are simply getting vindictive over walk-aways and coming after us. Interesting that almost any big business (or many small, I suppose) would default on a deal in a heartbeat because it was losing money, but “morality” dictates that a living person shouldn’t.

    Maybe that’s the difference between people and soul-less corporations. Maybe people are learning to give corporations a taste of their own medicine.

    “Eat it.”

    This is despite the fact that they have all sorts of protections from default and will likely lose little, nothing or even gain from a walk-away. Your Mortgage Insurance Premium (MIP) is only one of them. YOU PAY the premium for insurance that pays the BANK if you default.

    Obviously, the people in the 60 Minutes piece are not us. We want to stay. Few of us appear to be upside down or under water. We want to work it out. I guess only the last guy in the piece had a sense of “home.”

    60 Minutes takes very little effort at pointing a finger at banks or corporations. I wonder why that is. Who inflated housing prices? Who popped the bubble? How much was chance and how much was pre-planned? Didn’t all this up-trading of mortgages contribute? Didn’t the blatant banking and financial greed and failings of firms “too big to fail” have something to do with it?

    How much did a homeowner (or average person) have to do with the economy tanking?

    I can only think little or nothing.

    So who then?

    Who else IS there?

    Do I have to spell it out? … again?

  • Jennifer September 28, 2010, 2:07 am

    Last September 2009, BOA offered us a 6 month forbearance program where we could pay 1/2 our mortgage payment until they were able to review our account for loan modification due to hardship. In February 2010, the agreement expired and we had not heard from anyone. I called BOA and asked what to do and was told from the MHA team to continue to pay the forbearance agreement amount until they had the chance to review our account. So we did for March and April 2010. End of April 2010, BOA called my job and asked when I was going to make a payment and I explained that I had been, they could see the payment but told me I had to “re prequalify” for the modification because my agreement had ended. I did so and was told I would get my new package to resubmit all I had back in September 2009. On May 24, 2010, the day I went into labor with our second child, I received our first “letter of intent to foreclose”, so I called BOA and was on the phone for 2 hours getting transferred all over the place and was told many different things that I was “supposed to be doing.” Finally got the MHA program and they advised the letter was just protocol and to continue to make payment and that they didn’t track when my new package was giong to arrive for the re prequalify. I finally received it not once, not twice, but four times the first week of June 2010 while home on maternity leave. I send the paperwork back immediately the following day by Fed Ex. I called the end of July to check the status, as I was assured this time the paperwork was going directly to underwriting, to have them tell me, “Oh, they sent you a letter in July requesting more paperwork” which they had not. All they needed was a signed 1040 from our taxes which I faxed over immediately to them. In August I received another letter of intent to foreclose, but kept paying our payment. I received a letter on september 2nd from BOA apologizing that “We apologize that we have not been able to make a decision on your account in the time we quoted to you (30 days from submission of paperwork) and we thank you for our patience.

    In the meantime, In july, some random person kept driving in front of our home and taking pictures and when we confronted him he just drove off, and our neighbors had called police and another man was walking our fence peering into our yard. We called BOA and asked if it was someone from there or an appraiser and they denied it.

    I came home today to my mail to find my September payment had been sent back to me. So for 1 year our payment has been taken at the 50% because they “have not had time to review our account” so I called to find out that BOA will no longer accept any payments from us until we pay our OD balance of $12K due to the forebearance payment over the course of a year. They have now started foreclosure proceedings on our home, and told me once I receive the papers quoting a sale date of our house from their attorneys Harmon and Harmon, I can call BOA 14 days before the sale date and request an extension of sale beacuse we are in the modification process. This is coming from the MHA program! They won’t postpone anything even though it’s their fault we are still going through this due to no decision process. We are extremely stressed out and now have to contact an attorney to make sure we dont lose our home.

    • Juanita September 28, 2010, 7:38 pm

      Sounds a lot like our experiences with Bank of America, PUT OFF, PUT OFF, Keep you dangled on verge of Stress and Panic! Promise maybe, send more documents, call different numbers, put on hold, cut off! For 2 years now…dangled on verge of Foreclosure.
      They even notified our insurance company that the property was vacant (was not) and requested the refund for remainder of term.
      I would like to be a part of a class action suit! Email me please if you have similar experiences

  • LO September 28, 2010, 10:06 am

    Here are some questions to ask?
    Who is responsible for gambling your money on subprime mortgages (they KNEW how risky they were so they “over-valued and packaged” them, which is really another word for lied, and sold them to another branch of their own corporation for an inflated value)?
    Who is responsible then for hiding this maneuver for as long as they could and then when the market crashed, had the audacity to ask for your tax dollars?
    Who then took your tax dollars and started sitting on them while they gobble up the homes under a program created to “save” those same homes?
    So they created the crisis, they are profiting from the crisis, and they are still running a PR campaign that convinces the public they are “community partners” and “helping”. This campaign is so effective that there are taxpayers who DEFEND this giant stealing their money. That is quite an effective con and scam, get your victims to defend you!

    • Don S. September 29, 2010, 12:04 am

      Bravo Lo … bravo.

  • Tammy September 28, 2010, 11:00 am

    Well said, Don!!! Couldn’t agree more!

    LO – yes…these are all questions that need to be asked…!

  • Ted September 28, 2010, 11:21 am

    To David,

    Let’s try to diffuse the personal side of this dialog and take a look from a different perspective. Your 401K issues are significant to this same argument.

    Cause and Effect are what brings us all looking for a class action remedy. We all know the EFFECT. People posting here have lost their jobs, income, health and now are threatened with losing, or have already lost, their homes. The effect on you, I surmise, is you have lost years of saving and investment that you diligently set aside for a period of future prosperity and financial security. The question should be why are all (or at least a significant number) of us in this boat?

    I submit to you that the CAUSE has been mismanagement, malfeasance, malpractice and outright FRAUD among professionals in the financial sector. The American economy did not implode because of ordinary JOE’s on the street. It imploded because the financial sector got GREEDY and successfully persuaded people they could have something common sense should have told them wasn’t possible. But…the “encouragement” came from good American bankers, brokers, Congressman etc. who were educated in our finest universities and represented our most revered and successful financial institutions. Who can forget when Merrill-Lynch was “Bullish” on America.

    In other words, Americans trusted the judgement of these “experts” more than their own common sense. Bet you did too or you wouldn’t be looking for a class action suit to join. Unfortunately, too many (NOT ALL) of our highly educated, highly paid financial geniuses became intoxicated by power and privilege. In their drunken stupor they drove the economic bus too close to the edge where the underlying rock could not support the weight. It broke and we all fell over the precipice.

    Did we all fall into the abyss? NO. Why? Because as American taxpayers we collectively have/had (that’s a different argument) the resources to throw out lifelines. Congress threw the lifelines to the leaders of our Financial community who pulled themselves back up onto solid ground rather quickly, don’t you think?

    The government had told the financial community to then use the same lines to help pull the rest of us back onto stable ground as well. Unfortunately, these folks turned out to to be duplicitous cowards with have feet of clay. As soon as they felt solid ground under their feet again they turned on us and went back to business as usual, seeking opportunities to enrich themselves without regard for the folks still dangling off the cliff.

    I understand that you want to be made whole. You probably have a case against the financial sector. So do the people here. We’re a much stronger voice united that divided.

    So…I hold out a hand to you. We are not the enemy…nor are you. The enemy is a segment of our society that is out of control and destroying the very fabric that made this country the most powerful and respected in the world. Finance may have paid for our wars, but it was the common GI Joe who risked all, fought and won them so Americans could live in a FAIR and JUST society. Lately we’re a little short on both fairness and justice.

    • Don S. September 28, 2010, 12:15 pm

      Gawd Ted … that’s just gorgeous.

      I love “duplicitous cowards.”

      Note how the collection agency using racial epithets to collect money for BofA was fired two days after Moynihan was confronted, yet the official BofA statement was that it had nothing to do with the on-camera confrontation.


      They’re not sorry they did it, they’re just sorry they got caught.

      Where have we heard that before?

  • Andrea September 28, 2010, 11:25 am

    I am also having problems with Bank of America and would like to get involved in the class action suit. I reside in Ma. I have contacted the Attorney General in Ma but I don’t know if that will accomplish anything. I have all documentation and e-mails to and from bank of america representatives. They have been stringing me along for almost 2 years now regarding modifications.

  • Don S. September 28, 2010, 11:59 am

    Andrea …

    For your sake and the sake of other new folks, I’ll repeat a list I’ve posted that might help you get started on the process. Two new points are added.

    If you want to keep your home, you have to fight for it … but ALSO, you’ll have to learn how this game is played. Unfortunately, this IS a game to them. It’s how they can manipulate things to get as much money as possible. After all, that’s what their stockholders DEMAND … profit, profit, profit. That means getting money (your home equity) from YOU.

    Please try and read ALL of this AND scan back through previous posts. There’s a link near the top of this page “Previous Posts” in light blue. Click on that. It’s also at the bottom of the posts.

    A) If you haven’t made a journal/diary of your BOA experience start NOW. Record every instance every time it happens in detail. This is critical for a court case, but can also be helpful for Attorneys General and Agency complaints and for your politicians, should they get involved.

    B) Sit down and write out as complete a timeline as you can from the beginning of your experience with as much detail as you can recall. Take time to do a thorough job. Equally valuable as “A)”.

    C) Call your State and Federal representatives, Congressman/woman, State Assemblyman/woman and inform them of your situation. Calling is preferred over emailing. It puts a human element into the contact. Ask for help. Don’t hesitate. It’s their job to oversee your community and the goings-on in it. It’s why you elected them. INSIST that they help you if they try to wiggle out of it. Mine were VERY cooperative and helpful.

    D) Get any attorney you can find to advise you from church, synagog, friends, family, neighbors. Retain one if you can afford it or call legal aid if you can’t. These are “contractual negotiations” that involve Statutory Law and a lawyer will navigate that best. Tempt them with the possibility of getting a piece of a class action suit.

    E) Call the Hope Hotline 877-300-5454 or Money Management International direct 888-881-7558. Use MMI (or a similar NON-profit) literally EVERY TIME you call BOA. A representative will be with you through your calls and the nightmares on hold. They will also keep a record (although it can’t be released without a subpoena from a court). But if it goes to court, you can get it that way. It’s also better to have the BOA people hear you’re not alone on the phone.

    F) Call and call and call and call until you get results and cooperation. If you’re using MMI, they’ll ask for supervisors. If you’re not, YOU ask for them. I know from a full year of this garbage how much it cuts into your personal (or even work) time and how traumatic it is, but big corporations BANK on you getting frustrated and giving up. DON’T GIVE UP. Hold their feet to the fire.

    G) Keep up your payments as close to on time as you can. This is ALL about the MONEY. It’s a contract and your end is feeding this behemoth monster your hard earned cash. You agreed to it when you signed the mortgage. Courts (and BOA negotiators) will want to see your willingness to pay, as will your politicians and regulatory agencies. It’s your “good will” that you’re willing to work it out.

    H) Find as many people as you can in your State that are going through this AND keep in contact with forums like this. The ONLY power any of us have over this monster is NUMBERS. It is literally “United We Stand, Divided We Fall.” One-by-one they can take us down, but as both national and State groups, they’ll have a hard time of it.

    I) Once you’ve contacted your politicians and they’ve started to help you, tell all your friends, family, co-workers and anyone else who knows you to write to them and THANK them for helping you get through this difficult time. DO NOT have them criticize, complaint or tell stories. Just a short thank you will make it clear to your politicians that people are watching their performance. No need to get into detail. They’ll KNOW they’re being watched just through a simple thank you.

    J) (Added) File a complaint with your State Attorney General and the OCC (http://www.occ.treas.gov/customer.htm). Research your State and complain to any applicable agency. Be sure not to “rant” and provide information in the form and with the content they request.

    K) (Added) Contact your telephone company and request call records to and from BofA, or get all your calls and highlight them. Add that to your package of evidence.

    L) (Added) Compose a letter asking news agencies to look into this problem. Describe your situation BRIEFLY, then forward it to every news program and news agency you can think of. There are lists of contacts throughout this blog. Key Point: News people are a bit “legalistic” in covering stories and require documentation and facts. Although they respond to emotional pleas, they will likely ignore incoherent rants, finger-pointing and unproven accusations. Be factual in your letters. The emotions will come across even if you try not to.

    Lastly … and this is tricky … this is ALL about contract law, which is called “Statutory Law.” It literally has NOTHING to do with Right and Wrong, but what contract law expressly states. This is NOT “Common Law” that talks about the rights of a human being. This is about your “fictitious corporate self” that’s a party to the contract … NOT YOU as a human being. Statutory Law only sees the “contractee,” not the human being. Statutory Law couldn’t care less whether you live in that house or not … just whether the contract is fulfilled.

    READ your mortgage and READ your restructuring agreement. Everything that’s happening to you is based on THOSE, not Right or Wrong … or have someone who understands legal language read them and explain what they mean.

    Contract violations are what Class Action Law Suits are based on … contractual violations, and that’s all a court will listen to.

    Remember, this is a nation (now, anyway) of laws, courts and parties to contracts … NOT common decency or even Common Sense. Work to save your home. Complaining gets you no where. Working hard and learning “the game” they play is the only thing that works.

    One other thing has emerged … try to get over any embarrassment. For most people, this is not your fault. You have no control over the financial environment and you are merely exercising your rights. In fact, you should be BOLD about exercising them. Don’t let anyone convince you that “you were just asking for it.”

  • daisy garcia September 28, 2010, 3:40 pm

    is there any class action suit in new jersey?

  • cammy September 28, 2010, 4:45 pm

    I found this very interesting information on a wedsite if you need to escalate your Modification do the following….

    One approach you can take that will escalate your file is contacting the Office of the President (OOP) directly.

    1. Send an email to barbara.j.desoer@bankofamerica.com
    Be concise and to the point regarding your request. Be sure to include your name, loan number(s), and a phone number where you can be reached.

    2. Wait for the call from a customer advocate. You can expect to hear back from a customer advocate with the office of the chairman within 24 – 48 hours of sending your email. If you don’t get a response, then send another email. When you do get the call, it will likely come up on your caller ID as “out of area”, “no name”, or “unavailable”. If you cannot be reached, the customer advocate will leave you a message with his/her name and direct line.

    3. You will be asked to fax over your information (even if you have sent in a million faxes already to another number). While you are waiting for a call from a customer advocate, start gathering your information. You will be asked to send in a hardship affidavit and possibly the IRS Form 4506-T (available here: hmpadmin.com/portal/prog…_borrower.html). You will also be asked for 2 most recent pay stubs (or other income documentation), last 2 months of bank statements, and a list of monthly expenses. One forum member (Garry), has recommended going to a local Bank of America Home Loans branch and have them fax over your request. They likely will assist you and you won’t have to pay for it. I also recommend following up with your customer advocate to confirm your fax has been received.

    4. Wait for the next call assigning you a negotiator. You can then expect another phone call from your customer advocate. He/she will assign your file to a negotiator and will be calling you with the name of your negotiator and contact information for that person.

    5. Wait for the assigned negotiator to call. You will be instructed to wait for the negotiator to call you (he/she will need time to go over your file before talking to you). Your customer advocate will give you a timeframe (could be within 24 hours, could be within 1 week).

    Please note that some negotiators will be in direct contact with you over phone or email and others will tell you to communicate only with your customer advocate. Whatever they tell you to do is what you should do.

    6. Check your account status online.
    You can log on to Countrywide Home Loans- Equity, Refinance, and Purchase to check this.

    Once you log in, you will see in the upper left corner of the screen, “Account Options” and under that, “My account summary”. Click on “My home loans” to retrieve your account information. You will now find an expanded menu bar on the far left of your screen. Scroll down to “Financial hardship” and click on “Workout information”. You will see two sections, “Documents Received” and “Current Workout Status”.

    Under the workout status, you should see detailed information that your file is under review and a date when more information will be available (and instructions not to call before that date). I believe the intention here is to avoid excessive phone calls and give them adequate time to process your request. You will also see “Information as of” fill in the date, “Workout stage”, and “Phase/Sub-Phase”.

    You may not see anything under “Documents Received” yet. It does take some time as the information you faxed must be scanned and uploaded into the system. Do not panic…if you’ve gotten this far, the negotiator has your documents in hand!

    Here is what the screen will look like:

    Documents Received Processing Date Workout Type Document Type No Documents Found For This Account The above list is real-time and reflects the documents processed to date for this account. We may have received additional documents recently sent to us that have not been processed and therefore do not appear in the list. Please do not call us to check the status of a document not showing in the list as our representatives will not be able to provide any additional information than what is shown here. Thank you for your patience. Current Workout Status Loan Modification View the Details Hide the Details Workout Status Details: Your request for assistance is under review. During the review process, a thorough examination and analysis of your loan will be completed. During this time, we may or may not need additional information from you. It is common that you will not hear anything from us during the review period, but please be advised that all collections activities have been temporarily suspended during this review period. We expect more information to be available on 09/21/2009. If your status remains unchanged after the 09/21/2009, please call and speak to a customer service representative. Please do not call back before 09/21/2009 as that will delay the process. Please respond promptly to any calls or requests that you may receive from us during this period. Lack of response will cause your workout to be delayed or cancelled. Thank you. Information as of: 08/17/2009 Workout Stage: Processing Phase/Sub-Phase: Active Processing

    7. KEEP ON TOP OF THINGS! Continue to check your status for changes and don’t hesitate to call if you do have questions. If you have general questions, post them on the forum. Someone may be able to assist you! The negotiators are obviously dealing with a large volume of requests. We don’t want to bother them with general questions and impede anyone’s progress on getting a modification by pestering them unnecessarily. Be sure to also post your story and update others on your progress. We can all benefit from other people’s experiences

    Good Luck to all…..

    • Rebecca September 28, 2010, 6:07 pm

      Amazing Cammy! Thanks for the info. I’m going to start this right now.

      • Don S. September 28, 2010, 10:53 pm

        Cammy and Rebecca …

        Good find Cammy. It seems to be accurate information, too. I have followed this process and mentioned it here.

        It is a positive move forward, but it comes with a warning. I’ve mentioned this, also.

        The term “advocate” is a misnomer … an inaccurately used word. These people may be called a “customer advocate,” but they do NOT work for you. They are paid by Bank of America, and their loyalty will be to the company that gives them a paycheck.

        I can’t emphasize enough the fact that [most] banks’ and businesses’ end goal is to get your money. This circumstance is the Poster Child for that … sorry.

        I don’t want to get all negative on you, but the Office of the CEO is no miracle cure by any means.

        As an example, I got a call tonight from my negotiator. One complication was the fact that after nearly two months she didn’t even know my “advocate’s” name … and what was peculiar was the fact that she really didn’t acknowledge that I have one.

        I’d spoken to him when I was escalated, and he even told me HER name, and that she would call and process documents.

        There were other blatant problems with the call and the process that I won’t go into here, but trust me when I say that this department won’t be much different than dealing with regular customer service.

        Get either your attorney or politicians involved. Start rigorous email communication, CCing your lawyer or politician’s office every time. I have both my Congressman and my State Assemblywoman’s office monitoring. DO NOT put your faith in a fancy title “Office of the President and CEO.”

        Cooperate and be cordial, but never let your guard down.

        • cammy September 29, 2010, 12:07 am

          Don thank you for the information you had provided believed me when I tell you that I Know with who and what am fighting againts am keeping my Guard up at all time.

  • cammy September 28, 2010, 6:35 pm

    Just checking in to updated you guys on my case… The good news is that the trustee sale date has been postponed for Oct 28 this is a positive after being denied and hearing negative remarks on my case this really make me feel very optimistic

    I also got a call from my negotiator she works directly with the big investors Fannie MAE and Freddie Mac she strictly work for the HAMP she just ask me to fax over some more paper work her objective is to get me into my permanent modification YAY!!!!!
    So far so good is been a long and bumpy ride but am getting closer I realized am not out of the woods yet but am not giving up.. Am really fighting for what I know is right .. Good luck to all and keep on fighting …

    Believe in Miracles and they will come!!!!!!!

    • Don S. September 28, 2010, 11:10 pm

      Cammy …

      Another warning … and I’m very sorry to be the messenger.

      If you have Fannie Mae … who would be the note holder (essentially the owner of the mortgage and property) … you may get a surprise. Honestly, I hope you don’t.

      When Fannie Mae gets your paperwork, they essentially IGNORE the majority of it and run what’s called a “Net Present Value” formula on your property.

      Fannie Mae is NOT held by any HAMP regulations or guidelines. They can completely ignore the process, INCLUDING any “proprietary” arrangement you may have discussed with BofA. The Net Present Value formula decides for them [essentially] whether your house is worth more to them if they foreclose.

      If Fannie decides it is, BofA will simply throw up its hands as if there’s nothing they can do but exactly what Fannie wants. They are merely the loan SERVICER and cannot make the ultimate decision.

      This is why you need a lawyer or at least your politicians looking over their shoulder. BofA KNOWS all the legal ramifications, and you do NOT. You need to know, or have someone working for YOU that does.

      Otherwise they can take your house at will, and there’s nothing you can do about it.

      Again, this is about Statutory Law and evolving government rules attached to the HAMP funds. Fancy named offices with people with “nice sounding” titles essentially means nothing. As long as you let them play the rules the way they please because you don’t know them, they’ll win.

      I’ve been told by at least 3-4 representatives that “we don’t want your house” … and that’s a direct quote.

      It’s simply not true.

      Watch them like a hawk.

      • cammy September 29, 2010, 12:21 am

        Once again thanks Don for the warning am looking into finding a lawyer to help me with this case it is really difficult to find a Lawyer that wants to fight againts BOA . I am also aware of the regulations and the “Net Present Value” formula ” Each day I pray for the best but if Fannie Mae believe is in there best interested to sale my property so let it be.. That gives me more grounds to fight back I am currently in contact with a congressman and I also Have Naca monotoring my file But if you know of a good lawyer that is willing to take on my case please forward me that information am in CA once again thank you for the advise..

  • Tammy September 28, 2010, 7:12 pm

    Congrats, Cammy!!!! We’re all pulling for you!!!! =)

  • dan September 28, 2010, 7:24 pm

    TO: David . C
    David, you don’t make sense! You wrote: “I lost a good deal of my 401K in the stock market. Should I be able to go back & request it be back? If I buy a $40K truck & it is now worth $30K, must the car dealer roll back $10K to me? What if I bought a $150K house, took out $100K & now with the first & 2nd loan, I cannot pay the total payments, why must the bank restart me at $150K?”

    David, how come you didn’t add?: ” Bank of America took a risk investing in sub-prime and provided mortgage loans to people who bought houses they couldn’t afford. And when Bank of America lost a great deal of their investment. BOA Ceo’s and Investors came crying to the government to bail them out, and we (taxpayers) bailed them out against our will. How does BOA different from what you wrote? And yet you’re against the people (who you don’t even know their situation), in this blog for trying their best to keep their homes. If you believe what you wrote, you should be talking about letting BOA collapsed and filed bankruptcy the way our system is set up.

  • Pete W September 28, 2010, 11:00 pm

    How do I get information about the lawsuit filed. I was in a loan modification with the bank and they auctioned my home without telling me. I have papers showing dates that gave me time to provide paperwork for my modification. I also have the on tape. Can someone let me know.

  • Susan T. James September 28, 2010, 11:31 pm

    I have tried to get a modification since February 2010. I have done everything I was asked and supposed to do. Send records, which they lost twice? re-sent them twice and was finally told after my unemployment was extended It was told it had expired. I AM WILLING TO DO ANYTHING TO KEEP MY HOME. I fell behind because I am unemployed , my 14 yr old Grandson with no glasses he desperately needed, clothes and a nice bed to sleep in, was sent to me from DFACS, instead of going to a foster home. No way in Hell. I am 61 with multiple expertise backgrounds. I have been unable to find a job. I just want the so called Government to enforce these Banks to help people. Just a percent and half reduction would help me so I could budget and get a minimum paying job. I need this home for my
    Grandson who needs desperately to stay in the same school until he Graduates. It is so important to teenagers to find peers that they can know for life. He has had a rough life sometimes with nothing to eat or sleep on. Bank of America I have tried to work with you and I am not a novice (I have a Real Estate License). Do the right thing and start helping the great Citizens that are responsible and try to do the right thing instead of selfish, greedy crooks. I will be getting in touch with whoever it taskes to hear me out. I will NOT give up. Congressmen, President of Bank of America and Mr. President himself ( I don’t think he really cares).

    Susan T James
    Newnan, GA

  • Don S. September 28, 2010, 11:57 pm

    Susan and Pete …

    Not too far up this page of posts, I’ve repeated a list that seems to be helpful to some people getting started. I also mention scanning back over posts for others’ advice.

    Pete … Are you still in your home? Have you been evicted? What State are you?

    If you have not left your home, this Congresswoman from Ohio has an interesting suggestion —


    Please keep in mind that educating yourselves on what you’ve been pulled into is critical. This is about Statutory Law … or contract law. It doesn’t have anything to do with what you want or how you feel. It only has to do with the contract and the laws that govern it.

    There are no class action lawsuits on this blog simply to sign up for. You have to generate them yourselves, or join others that are formed or forming.

    Unless and until there’s a Federal lawsuit, all would be exclusively State-by-State. Susan, for you, there are SEVERAL folks that have chimed in from Georgia and I believe if you scan back over recent posts, they’ve started to get together to form one.

    Pete … you’d have to seek out people in your State, then get in touch with them. If you don’t see anyone, it’s going to be up to you to research … Google is your friend … to see if one is forming where you live.

    I’m no lawyer by any means, but if you are no longer in your house, that may well put you in another “class” than those of us who are in ours … but I wouldn’t know. That’s up to the lawyers and the details of how the class action is structured into a “class” … meaning all participants having some common violation or breach.

    I know it takes time and few of us can afford it, but for your own sake, scan this blog and glance at my list above.

  • daisy September 29, 2010, 9:38 am

    FILE A COMPLAINT with the FTC of consumer protection against Bank of america:


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