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.
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Thanks.
How do i sign up. I have the same story as all of you do. They said to fax ,we did. They said to send this and that in , we did. We waited and waited and no answer. Finnally we called and they lost or didnt recieve paper work could we please send again. This was a three month process still no answer and we called again, and a person we finnally talked to said we didnt qualify in just one conversation. Who was this person?
I just signed up, today. I filed my modification application in April 2010, they told me they never received my tax form. I resent it 5 times between June and August. Then my application became inactive because a notation said I didn’t sign my tax form. A nice rep looked up the scan and confirmed that it was signed! Then he reset something and told me to call back. (We’re going on 3 months of sending and calling here). I call back to learn that everything is properly received as of October (another 4 months later). I find out that the underwriting is complete as of August 17 (??? where did they get that date and how does this make sense?) and I was in the Quality Control Review as of November 26. I call, call, call, call… so many different answers, different instructions, nobody knows anything… then today December 13th, I’m instructed to resubmit income documents. What a nightmare. After reading many of these statements, I’m not feeling very optimistic about the outcome.. if I ever make it to the outcome.
Here’s the link to the class action case:
hbsslaw.com/cases-and-investigations/
The case is “Modified Home Loans (TARP) Investigation”
Actually, I don’t know the case name exactly…. Maybe it’s Bank of America Home Loans (HAMP). I just sent an inquiry to the law firm.
Spring …
I’m curious.
What exactly did you sign up for? The Hagens Berman suit? Which State?
One thing that’s been pointed out by a very brave attorney, much to the frowns of his bar association I’m sure, is the fact that filing an individual suit can have several advantages over a class action.
Most importantly, when you lump yourself in with a class action, you literally become just “another fish in the barrel” for the banks to pick off. It’s far easier for them to litigate one lawsuit than many, and frequently they’re settled for pennies on the dollar. Often these settlements include “gags” that prevent certain information from reaching the general public … like fraud.
But also, having a court look at your INDIVIDUAL case, it not only ties up another of the banks’ legal teams, it gives your case individual attention, calling the court’s attention to your individual details. Perhaps the banks didn’t even have the right to foreclose in the first place, due to a lost “chain of transfer.” That fact might be lost in a class action if the suit doesn’t include a “produce the note” strategy.
Yes, it’s complicated. That’s the way the banks like it. They LOVE the idea that we’re ignorant of the law. They literally prey on us knowing that. They literally have THOUSANDS of lawyers to help them design these processes to grind us into dust, as well as virtually unlimited access to psychologists and other “professionals” to press us over an emotional cliff.
One of the best things you can do is educate yourself, not merely, exclusively depend on attorneys and courts. You’d be surprised what options you have as an individual.
Consider not getting in that long line of victims they can easily pick off. Please see my post to newcomers at the top of the last page of posts. It may be helpful …
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/
I just received a letter about a class action suit in March of 2013 and would like to find out if this is still going on? I to have had several problems with BOA. Initially they “modified” my loan but told me they could only drop if by $50 and that was only on one of my loans I have a 80/20 loan. I told them that I wanted to decline that because had I accepted it I would not be stuck with that for the remainder of my loan. Then starting at the beginning of 2011 we started the process again. Well from that day until November 2012 they had me fax this send that email this. Each time I would do as I was asked and they kept telling me to send it again they did not receive it. So finally they gave me a modification with trial payments. I sent in the first payment and they said they never received it but to send it again. I checked with my bank and it was stamped by BOA. So I called them back and they still refused to admit they received the payment. On the check there is a stamp that leads directly to the bank but they still say they did not receive it. So while trying to research what has happened to the money that was cashed the money for the next month has become due and they now want me to send them the last month and the current months worth of money. Like a lot of americans I live check to check and do not have the extra to send again. So I received a letter stating that my loan has been denied for the modification and will be up for foreclosure. They are no longer concerned with the money that is missing and when I try to call them they don’t call me back. Then to top it all off I was checking online for a new residence for me and family and notice my house is online for sale they never took it off of the market. Which would explain the strangers that have been pulling up all the time. I am so mad because they are not concerned with my money that is lost but they are foreclosing on my home. I can get no answers from anybody in this company.
My very ill husband, of 52 years, received a VA compensation check for disabilities due to Vietnam. I, took the check to the Bank Of America, on 16 Mar 11. The Bank in Inverness Florida, now has the check, refuses to cash, refuses to return check to us. We are both in electric wheelchair, both disabled. This Bank is one corrupt entity! If, we ever get our money, or
check back, we will protest Bank of America. In the meantime, I am writing President Obama, for assistance.
I have the same situation, we scanned, faxed, no email it to this address. This has been going on for eight months. Everytime we turned around they had a new person handling our case. We re-faxed info. Oh that person is no longer handling your loan can you resend the documentation to this fax number? We’ll get in a couple of days. I would call to make sure they received the paperwork, Our systems do not update that quickly. They would say over and over again. The funniest one was after faxing all that informatin for the tenth time, a Fedex man was at the door. It was a letter requesting all the information we had just faxed. Then the letter came, I’m sorry but we cannot approve you for your loan modification because you failed to provide us witht he necessary documentation. “WHAT?” Then the next letter was we can restart the process… What are you people doing? These are people’s lives you are messing with. And you are playing games.
MARIA S… Same thing Hon.. Is it not a nightmare!! You would think with all the Fed Ex’s they send they would go ” out of buisness ” Yah right!! Its called ” the run around ” been through it for a year now! Keep your head up and keep fighting!! Don’t give up girl!! I’m not!!
How do I become a part of the suit? This very thing has happened to me with Bank of America. I submitted paperwork three times and two of the three times they responded by saying they lost the paperwork.
Doug …
I don’t know whether you noticed, but you’ve posted way back here in March of 2010. The current conversation is at …
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/
I’d strongly suggest you read from that page backwards. Simply click on “Previous Comments” in light blue at the top or bottom of the page. There’s a wealth of information that may help your situation along.
How can I add my name to the class action law suit. I have been trying to get my loan modified since July 2009. My home is now in foreclosure.
How do I add my name to the class action lawsuit against Bank of America. Please give the contact information. Thank you.
Every story resembles my journey with Bank of Anerica.
In good faith, I entered into contract with the “Making Homes Affordable” program. They NEVER do anything they say…they always lose everything I send, they enter information in a system that another department cannot find because they are so messed up, they have my facts wrong, they have told me for over almost 2 years that they are working with me, they said I was approved last
winter and my packet was coming, they lost all my information once again, I get reported negatively to the credit bureaus every month since September 2008 even though I make my payments to
the “trial” program that I gave my word to do with an understanding they were working with me etc etc etc. I feel sick, stressed, depressed, scared and very very tired from the constant lies and uncertainty. I call constantly for status and most of the time I have to FIND some supervisor that I have to give all my information to over and over and over again and again and again becaause they don’t have any idea where, what or how my loan modification is going…it has been lost dozens of times yet they take my payment. These are lies over and over and over that they are working with me. This is no way to live and not a way to do business or treat people. The government gave them money for these programs and they “pretend” they are working FOR the consumer and it is very very very wrong what they do to distressed homeowners. Please help.
I am also having troubles with Bank of America (aka “Bank Evil”). I am not even trying to modify my mortgage. They are claiming I don’t have “wind insurance” on my Hawaii condo. My association’s insurance agent has faxed them the information proving that I *do* have this coverage at least twice now, and BAC does not acknowledge they got anything. Instead, they sent me a letter informing me that they had purchased “lender-placed insurance” for over $3000 and took it out of my escrow account! I have a hard time even reaching a real human being at that company; all I get our their stupid voice activated systems. I understand your frustration, because I am also very frustrated with them and their mismanagement. Or perhaps this is a scam to take my money, at least it seems that way.
i filled for a loan modification with BOA last year , October 2009. I never heard any thing . i called for months … BOA lied to me saying that paper work was sent to me … but they never sent anything .. than they said that my loan modification was approved and was already in affect … except if that was the case ..why is it that i never received any paper work. they kept lieing …over and over again. i started to record thier conversations , i have them on record recording lieing ., and when i informed them that all the calls are being recorded
they hung up and then would call me back trying to explain that there was a mix up in the papaer work. i think that all the people that who had problems with BOA and the loan modification program .. wheather BOA took to long assisting or never assisted at all … if you never heard anything back as i did should e-mail 60 minutes: 60m@cbsnews.com .. they loke to investigate and they do a good job
BOA had the nerve to send me loan modification documents
after i contacted the on 2/17/10 and told them i was recording the conversations , only i got the loan documents today 9/2/10
thats more almost year since i requested a loan modification inittially on 10/9/2009. i was so insulted i told them that i was going to e- mail those bs documents to 60minutes
everyone contact 60 minutes
Hi, We are having exactly the same situation with them!!! It is outrageous. Take a look at USA Today in the money section (Sept.10 issue) there is a couple that are having the same experience as us and there are some links to an attorney that maybe you can join the class action suit against them?? I plan to. Not sure how to fight them from taking the house and I KNOW I do not have the 12,000 they want in late fees. It’s amazing you can both work to make your kids lives comfortable and food on the table and you can lose it all because you received “help” from Bank of America!!! Disgusting-they should be ashamed.
Hope it helps.
How do I contact this attorney, working these cases, against Bank Of America? Disability compensation is legally not touchable! How can Bank Of Amearica steal a disabled veterans disability compensation? We would like to file an action.
This Bank of America is located in Inverness, Florida.
I am also having problems with BofA, I have been on try out payment since November 2009. and have been following up with every month they will tell me keep on making your payments we are running behind, in march 30 this year I receive a formal letter from BofA via fed ex, with the following
Dear Mr ——-
You qualify for a permeate modification of your home loan under the home affordable Modification Program, to Accept this offer , you will need to sign and return a modification Agreement that includes the terms and conditions of the permanent Modification,
this last two months I have been calling every week, I was told that my file is escalating, two weeks ago they said I should be getting a call from the the negotiator, last week I call to make my payment and I decided to follow up. thy old me that I did not qualafy and that my file got denied, that I should start sending in my full payments. I was shock!! I have been suffering this last year and I am so stress out and tired of fitting this battle, can some one advice me?
I am also having problems with BofA, I have been on try out payment since November 2009. and have been following up with every month they will tell me keep on making your payments we are running behind, in march 30 this year I receive a formal letter from BofA via fed ex, with the following
Dear Mr ——-
You qualify for a permeate modification of your home loan under the home affordable Modification Program, to Accept this offer , you will need to sign and return a modification Agreement that includes the terms and conditions of the permanent Modification,
this last two months I have been calling every week, I was told that my file is escalating, two weeks ago they said I should be getting a call from the the negotiator, last week I call to make my payment and I decided to follow up. thy old me that I did not qualafy and that my file got denied, that I should start sending in my full payments. I was shock!! I have been suffering this last year and I am so stress out and tired of fitting this battle, can some one advice me?
Catherine,
It doesn’t take an idot to figure out that something is really wrong with these people. We have been trying to get a modification for a year now. The run around became obvious not long after we started. Then they tell you stuff like you are totally uneducated. I getting the drift that they want all of their Country Wide customers to go under. They immediately turned our loan over to Fannie Mae even though we had a 20 equity in our loan. So I’m thinking they want you to foreclose so they can collect on Fannie Mae. Thank God we have been fortunate enough to have had some savings and some things to sell to use to make our payment. Today we were denied the Loan Mod. because get this We are current on our Mortgage… Before we beging the process I went to the govt. website and BOA and if you were not behind on your payment then the one to apply for was THE LOAN MODIFICATION…..THIS IS LIKE A LOL…RIGHT… I the number on the letter to appeal guess what this supervisor told me. I could not appeal if the reason was that I was current on my loan because that was a true fact ….another LOL right. I told him he was stupid for even listen to himself say such a thing. Dumb people are going down. They are going to get their just reward sooner or later. I just wished I was there where they are so that I could get my little paws on’em.. God Bless and he will take care of his people in his own way. Sometimes it’s hard to have faith, I get so upset I go like HELL-O how you letting people get away with things like this. In a lot of the calls my husband made he was like saying Thank You and crap like that. man o man I was mad as Hell. It’s so obvious what they are doing. Go to Fannie Mae . com and their they have attorney’s which will help you, I’m sure this is Free click on that and your area for a list. JC Carter
i know how you feel……my story is the same….lost info…saying things not signed when i know that they are because i have the same copy at home….broken promises…telling you not to send payment while being considered for a loan mod. and then saying that at this time you dont qualify…but by then a freaken year has went by….what can we all about this?????
I want to add my name, Carolyn Darden, to Bank of America Mortgage Modification Class Action Law Suit.
I just received a letter from Bank of America dated August 17, 2010 saying that my loan was not eligible for a modification. I have over 20 years of mortgage banking experience and almost 5 of those years were with Bank of America. I could write a book on my modification difficulities.
How will I know if my name has been added to this law suit?
Everyone the class action suit is being done by an attny from Seatle Washington . His Name is Steve w Berman. hbsslaw.com, Tel 1 206 623 7292 Address
Hagens Berman
1918 Eighth Ave
suite 3300
Seattle WA 98101
Lets all hang them they took our money,now they want to take our homes. The bail out money they recieved is from the American People that pay Taxes. I dont feel they should be able to use America in thier name anyomore.
We are in the same boat you are in A. Thornton, I have been doing this since May 2009, and I am in foreclosure…..but I am riding this out, because I have enough to sue them in the end……they say we are in review for a modification, at the same time we have a foreclosure date………….I am in Virginia………..
i would like to add my name to the list also.
we were verbally told to become delinquent it took months to get a phone call back. they would not help. transfered from here to there when calling. finally we were verbally told we were approved for our modification and to be expecting a new package in the mail. i then had some lady knock on my door and offer me cash for keys. she said that they now own the house. i recieved a letter of deniel on my modification 3 day after my house went for auction. the house went up for auction on the 8th. i didn’t recieve a notice until the 11th that i was denied my modification. written on the 6th postmarked on the 9th. All this after i was told we qualified for a modification. Now What?
randy reed my story karen
We were addvised by American Mortgage company that we should didcontinue contact with Sound Mortage as they could give us a much better intrest rate. We did so and were promised our loan would in the beging close no later then Nov. 2009. Then it was Dec then it was January 2010 At the latest we were told that the house had been appraised howerer we never spoke to or saw anyone. And since then the run around and no returned call’s.
It is now March 29 2010 we called again to day. No call back and would like informatation on how the law suit might be our next avenue.
Please let us know .
I have been trying to get a re-fi or modification since mid-2008 with no success. BofA has stone-walled all attempts at my getting an affordable payment. My mortgage is 68% of my SSDI income. I have no credit cards or credit card debt – I just need a lower monthly payment. To make matters worse, HUD cannot help and has referred my case to their predatory lending division! My problem is being investigated by the OCC (banking comission) and the FTC. Unbelievably, even after the investor ordered the bank to re-amortize my loan at a lower interest rate for an extended term, they still deny me because they say I cannot afford a modification! This has to stop. I want to join the class action suit.
IM SHOCKED ! shocked on the amount of similar cases. Shocked on how this is allowed. Same almost exact same here. No calls back, never the same person, lies lies lies…
Christine…I know i cant believe that everybody here has the same story…there has to be an end to this. Im in foreclosure now only because of BOA giving me the run around and taking a year to tell me NO!!
I would like to know how to add my name to the list as well. We entered a “trial” period in 2009 that was supposed to be only 3 months long. We kept getting letters stating we were approved and or were still being considered. Every time we called we would get a different response. Then two weeks ago we got a letter saying we were denied and that the $400.00 a month that was intially taken off of our monthly payment was now over $12,000 with fees, interest and penalties. Had we known this would have happened or could have happened we would have never entered the trial period. They are escalating the foreclosure process on our house. We have never missed a payment, only behind and struggled to pay it, putting everything we make into it to keep from losing it. We both work at decent jobs, are responsible consumers and are pay our bills. Bank of America is unorganized and incompetent. Our loan is more than our house is worth, so selling it won’t really help us either. We have tried to work with them, only to be told something different every week we call.
Diane;
Your story is EXACTLY like ours, the time line, everything, right to the letter. What are you currently doing for your situation? I would like to somehow get in touch and share notes, maybe together we can try and help each other.
Hi,
Well I did some research, and ended up sending an email to the attorney that is representing the people who started the class action lawsuit. I still haven’t heard back from them, so I need to call them today and find out what we can do to join in. I know it could take years before anything happens, but I feel that B of A needs to be penalized or punished from taking funds from the government to supposedly “help” struggling home owners and instead keeping it to themselves for their own benefit. I think they have not helped many people at all from what it sounds like. My husband and I really don’t want to sell if we don’t have too, because we put a lot of money down on it, and renting just isn’t ideal when you have kids I don’t think. We’ve thought of ways to cut our costs so we can afford to stay here, but we already live very frugally as it is, so there isn’t much to cut.
hagens-berman.com/join_a_case.jsp
Hereis the link to the attorney who is representing the class action lawsuit.
Hagen, Berman, Sobol, Shapiro LLC
(206) 623-7292
I sent an e-mail to Steve Berman, his office is in Seattle to see if he will take our case outside of the class action.
Exactly, we should not be punished because we trusted BOA and listened to them. They are holding us all hostage, we are unable to re-fi with anyone else because of what BOA has done. Keep up the fight and let me know how things are going.
I called today to Berman, Sobol and Shapiro’s office to ask to speak to someone, she directed me to the website, when I informed her I had done that a few days ago, she said that we will get a letter in the mail. Let me know if you make any progress and I will do the same. I think going to the local media is a good idea! Get Jesse on King 5? I’m sure people have done that, but it’s worth a try.
I just got an e-mail from the AG’s office and they basically got the same run around but they will not or can not do anything about it. She said that BOA is “reviewing” my file and they will let her know if there is any change in the foreclosure motion. What a crock. How are we going to stop these crooks from screwing america over like this?
Shane and Diane, my story is exactly the same!! I have not been foreclosed on yet but probably anyday now. I am on the 14th TRIAL payment that was supposed to be only 3 and BOA has ignored 20 letters I have sent and calling is a joke with one incompetent person after another! I am so angry tired frustrated scared. You name it. I wish all of Americans could fight and get boa to help!!! I am so scared anyday they will deny us Whig we have been told several times we were approved but then they ask for more check stubs and its as if we had started over. Idk but I hope someone helps and puts boa to shame!! My husband was hospitalized for 2 weeks with a nervous breakdown and now has to take meds all due to this stupid house. I love my home and want to stay but it doesn’t look good. I think they have us all under a barrell. I hope things work out for you all. Thanks. I guess I don’t feel so alone anymore.
I feel for you, BOA is full of sh. they lie so much, who ever is the CEO needs his A kick all the way to the White House and Department of tresaury also. BOA is money angry and nasty, but remember what goes around comes back around. also the Class Action Lawsuit does not go to every state, I’m in Georgia and still trying to find help, read my reply. take care and stay strong. I’m not going out without a good fight!
We are going through the very same thing. My husband lost his job in 2007 and we have been trying ever since to get a loan mod. In 2008 I filed chapter 13 then in early 2009 BOA doubled our payments from 400 to over 800 a month after the chapter 13 confirmed at the 400 payment they also failed to file a claim on the escrow account.And they did all this without even notifying us. It wasnt until we had made 9 payments at the 400 amount that we found out they wanted the automatic stay removed so they could forclose. We applied at that time for a loan mod and just found out we were denied in June of this year but they would not say why we were denied. House in now up to forclose in August and wouldn’t you know just last week finally got the application for HAMP. Have sent in all required documents and now are saying foreclosure will be suspended while they determine if we qualify. I am sure they will find some reason why we don’t.
These people are crooks! We must all pull together and send letters and e-mails to Washington demanding something be done about this. We have lived here for 30 years and do not want to loose our home.
Shelia- I am in GA too, did not tealize others were having same problems. Do you know who to contact in georgia for a class action suit!
Shiela,
I am in Georgia as well. Our AG is useless as his office does not handle financial institution issues. I contacted my Congressman’s office and BoA will not even answer the Congressman’s office staff. HUD has proven to be useless as well. I spoke to a friend of mine last night who is a real estate attorney here in Georgia and he said that he would speak to some lawyers at their next meeting and I suggested a class action lawsuit for people suffering the unfair, lying practices of BoA/BAC. He agreed that something needs to be done about the housing crisis here in Ga. Plus he does not want a foreclosure next to his daughter’s home who is my neighbor. Hopefully, I will have some information soon.
I began the HAMP program in February 2010 due to an extended illness resulting in disability, loss of property during the 2009 flood and value decreases to my home. Because I do qualify for the program (per the HAMP and Fannie Mae guidelines) it was not long before they were contacting me from FOUR seperate locations asking for the same information over and over. I was sending info to Colorado, Ft. Worth, Florida and California and often they would give me only 2 days to comply with their requests for large amounts of information. They say they do not receive information even though I send all information overnight delivery/return receipt. They say I am behind in my temporary modified payments even though I have proof to the contrary and supply it regularly.
I sent in a RESPA letter and then and only then did I receive a letter in return stating information had been sent under separate cover, which never arrived…and the best part is they invited me to apply for the modification program!!!!!!!!!! They have destroyed my credit which in my case is against HAMP and Fannie Mae guidelines as I was current on entering the program. They refuse to remove the negative reporting. Check out Supplemental directive 09-01 for the information.
They are gouging with the escrow account as the amounts flucuate on a monthly basis from $221-285/month and they refuse to supply me with an escrow analysis requested by both HUD and my CPA. My taxes have decreased and they continue to esculate the amounts taken for escrow. I think they are gearing up for foreclosure as we are a non-judicial state.
I have been a client of BoA’s since 1993 and never did I have any trouble until my loan was transferred to BAC Home Loans….it is a nightmare and is effecting my health. I will never do business with them again when and if this nightmare ever ends.
OMG!!! I can’t believe how all of these stories are the same. It is exactly what happened to me…Except I actually hired a firm (Foreclosure Defense Law Center, now Freeland Law Center) to get my modification. I paid all of my “trial payments” on time. I started this in June ’09, and last month, October 2010, was told that I did not qualify and that I am 7 months behind on my mortgage. When I asked how I am 7 months behind, apparently when you pay the trial payment it is only accepted as a partial payment and then you reflect each month as behind!!
I was told on 11/10/10 that if I do not pay the $7200.00+ that my payments are “behind” that my house will be foreclosed on on 12/1/10.
Of course, the company that I paid (stupidly) to help me stay out of foreclosure says that there is nothing they can do for me. Hmmm. Seems like some kind of set up, huh? I did contact the Hagens-Berman website to join the class-action lawsuit, but hopefully, and at this point, I feel like I need to do something about this other company as well! If anyone has any ideas, please let me know.
Hello – My situation is just like yours in northern California. I have completed a 4 month “special forebearance’ and a 4 months of the “trial” payments. I’m told to continue to pay the trial amounts. I’m in the Making Home Affordable government program and now am being sent “Intent to accelerate into Foreclosure” notices. I went to see an attorney and it will cost $2k for them to write letters to prevent foreclosure. She said to just wait until I receive a letter of default – then come see her again at that point. What is happening in your situation now? What did your attorney do for you? This is just incredible what B of A and the other banks are doing to people. They won’t consider you for a loan mod unless you’re “behind” so they set you up on these reduced payment plans, set you up with an impound acctount and then hit you with foreclosure threats.
My situation is exactly the same as Diane’s and yours!!! Would like to hear if you find out anything!! It definitely sounds like a scam.
Shane & Diane,
Your story is also EXACTLY like ours. We signed our loan modification in Dec. 2009 and our struggling to save our home. Somehow in the process we’ve been told they was a “pause” aka – someone seriously dropped the ball. We have been making our payments throughout this process and now are receiving intent to foreclose notices. I also will be looking into this lawsuit – it is absolutely a nightmare. We are so much worse off then we were last fall…we would have never signed that paper if we had known we were dealing with this kind of incompetence.
Amazing! The same thing happened to us. They took eight months to decide we didn’t qualify. Then they want over $400 of late fees. I still have the original document stating NO LATE FEES WOULD BE CHARGED.
Did you figure out how to jump on the banwagon? I also want to add my name I just paid that bank 17,000.00 to stop forclosure after trying for loan remodification. Thanks Alyson
My wife and I are current, but underwater on a 2 year old loan we signed based on a B of A appraisal of $190,000.00. Only to have B of A take over Countrywide and begin dumping REO properties in our neighborhood a couple of months later. Our home now appraises for $85,000.00 while we still owe $161,000 to B of A. Our home is in Arizona, and we feel the original note was underwritten in bad faith by B of A having full knowledge of their REO inventory they were ready to dump. Is there room for us in your Class Action Suit ?
How do I add my name to the class action lawsuit? I contacted B of A over a year ago, not being deliquent for 3yrs of mortgage pyments. I was told the help was for people in foreclosure. I am in a reverse mortgage and was told to wait until November when President Obama signs a new bill to see if I could get help. Now all of a sudden I qualify for a modification with initial 3 month trial payments, but from these stories they seem like it could be bogus …
meesh;
I went to the web site of Hagens Berman Sobal Shapiro. They are the law firm that filed the class action suit. From the web site you can add your name to the suit.
I just added our name to the suit with Hagen, Berman, Sobol, Shapiro LLC. I am not giving up and letting this crooked bank take our home. If we are part of a class action suit how does that affect the forclosure process. Do they still proceed with it? Not sure.
thanks
How did you add your name? I want to also. Alyson
BAnk of AMerica bought 1st franklin with my loan which is current and went into modification with 1st Franklin 2 yrs ago until 2012 yrs. end. Bank of Maerica only can find the old paperwork9prior to modification), and says I owe 1400.00 per month. My paymenet has been $1167.00 for 2-3 yrs. They have sent someone to take photos of my home I have had for 25 yrs. and send foreclosure notices. I am making my payments to manager of BOA branch in Spfld, Mo. Kelly Radford. This has been a mess for months with no answers from anyone. I have bank statements that prove my payments are current and I have the original paper work from modification. Please help!!!! KP
Kimberly …
You may not have noticed that you posted way back in March/April of 2010. The newest posts can be found at …
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/
A lot has been said since then, including how you can fight this thing. The first and foremost perspective most people have to adjust to is the fact that there are no heroes … or very few, anyway. You have to learn about your situation and stand up for yourself.
For your own sake, I’d suggest you read through the more recent posts. Once on the current page, you can read backwards on the forum by clicking on “Previous Comments” in light blue at the top or bottom of the page.
Your plea for help has been read … just not by a superhero savior that’s going to swoop in and save you. People read the word “lawsuit” and think there’s an instant fix or a way to slap the banks on the wrist and make them behave.
It’s not that easy … but there ARE ways to defend yourself and go after the banks. It just may not be what you think.
is this only in Washington or is it federal ???
I have the same issue in virginia, ..
curtis;
The suit is federal, according to the response I got there are some special instructions for Arizona, but I think they are standard for everyone else.
I am beginning the process of looking into filing a class-action lawsuit against BOA in Virginia. My story sounds oh so typical of what everyone else is going through. Are there any other Virginian’s that want to work with me on this? I spoke to the receptionist for the attorney in WA that filed the suit and they said I would have to find someone in VA. She did tell me that they receive somewhere around 300 calls a day from all over the country.
I live in Northern Virginia, I work both a full and part time and added on antoher full time job in time since late 2007 to support the, expense, efforts, stress, physical, emotional, and mental anguish trying to save my home with promises and no response from Bank of America. I was evicted on Aptil 14, 2010 while waiting for Bank of America Customer Relations Advocacy to fax documentation to the Prince William County Sheriff Department to cancel the eviction! Needless to say, I am more than interested in a class action suit against Bank of America in the Commonwealth of Virginia!
I live in NOVA also. I BOA just purchased my second trust at the end of March after they announced loudly that they would take “extraordinary measures” to modify second loans. Interestingly, my second trust is not supported by the equity in the home must – home worth 400K, 1st trust is 370K and 2nd is 185K. I have submitted my financial to BOA 2 times verbally and the 3rd time I called they stated that I had to submit my financial info again (mind you this is after I submitted my financials to the previous 2nd trust holder…so all tolled I have submitted $ info 4 times for the same loan over a 1.5 year period). I would like to join in a law suit against them….I just want the same programs that others have received and to be treated fairly. I am not asking for a freebie, just some help to get out of a bad situation.
Vickie,
I am interested. I am in northern VA and BOA just purchased my 2nd from another lender…why I don’t know because there is no equity to support it. Anyway, they are playing all the “delay of game” games as everyone else has mentioned on this site. I am fed up and have been only dealing with them for 2 months (entire saga with 1st and 2nd going on since March 08). I need help and not sure how to get it. Please let me know if you find anything out or what I can do to assist. Thanks. Sky
Lets us know when your are ready to do something about boa and a class action lawsuit. We live in Northern Virginia.
I live in VA and would like to know if there is a suit to join in VA. I have been dealing with BofA for 11 months now and have gotten nowhere any help would be greatly appreciated.
Same story with our BOA loan modification. No late payments in 12 yrs and all docs sent. First decline “Docs not rcvd” Second decline “Investor does not participate in loan modifications”. WHAT!! BOA now wants difference between lowered payments and original payment for 9 months and saying we are delinquent. How can a person be delinquent while never missing a payment??????? Were told difference would be added to the end of note. This is the biggest SCAM I have ever heard of! Do you know of a class action suit in VA yet?
yes, i’m with you, the banks that took gov’t /taxpayer money used that money to buy up troubled banks, not help the homeowners. They also are making twice the profits they were making before bubble burst since 2007. Banks borrow money from the Federal Reserve (our tax money) under the federal funds rate. In 2006-2007 the federal funds rate was somewhere around say 3%. This is the rate they were charged to borrow the money. They were turning right around and selling homeowners mortgages at around 6%. So their profit was around 4%. Now in 2010 the federal funds rate has been cut to o% by the Federal Reserve (our tax money again), and these crooked banks are selling mortgages at say 5%. Now they’re making almost twice the money as before and we’re picking up the tab. This whole bubble burst situation was created by the banking industry to get a bigger piece of the pie and it worked. The banks are in control on Capitol Hill, they write the laws that will benefit them and bribe the representatives to pass them. The only way this will change is if all 500+ of them are voted out in November.
I am in Norfolk VA .And they R screwing me also. I am not loosing my home without a FIGHT. Anyone else in VA Email me at myettel@verizon.net
i live in virginia. i am having similar promblems to yours. have you found anyone to help yet?
We contacted BofA in May 2009 with a complete, detailed financial data package and
hardship letter requesting that they modify our loan amount and interest rate based on Obama legisation enacted in March 2009 to protect homeowners at risk of foreclosure. This is a major concern for us because we’re 77 and 71 years of age, need the handicap features of our home, and were taken advantage 0f by Countrywide (before they were absorbd by BofA.) We definitely meet all eligibility criteria – we did a year ago and we do now. The BofA rep would not accept this data package by Fax or by USPS, and insisted that we dictate financial data to him over the phone. A couple weeks later, we receved a letter stating that we were not eligible because of the numbers shown in the report – he had intentionally ignored at least half of our expenses and used that to deny our request for mortgage modification. We then turned to a nationally-advertised company to engage them to seek a reduction for us from BofA. This process dragged on from August 2009 until April 3, 2010 when we discovered that the firm we asked – paid – to help us was fraudulent, a group of scam artists. We never have received an initial 3-month trial payment package from BofA even though, throughout all of this worry and turmoil, we paid our monthly mortgage payments on time! We even stopped paying some credit cards in order not to be delinquent on our mortgage payments. Even the firm that helped us wih debt reduction has turned out to be fradulent and is the subject of a class action suit. In the process our credit score was trashed! We respectfully request to be added to the list of people participating in the BofA class action law suit. Thank you.
READ MY STORY. I SEARCHED AND CONTACTED A NEWS ORANIZATION IN DC AND GOT THIS PERSON
THIS IS THE MAIN MAIN FOR THE CEO OF BOA
robert.stickler@bankofamerica.com
MAKE SURE THAT YOU CC:
60m@cbsnews.com
THEY GET SCARED WHEN THEY SEE 60 MINUTES
KAREN
I would also like to know how to add myself to the list. We have been waiting a response back from BOA about the Making home affordable plan and keep getting the run around. They also last year drop my payment about 200 bucks when I called they told me I was overpaying, now this year it jumped back up 200 bucks and answer given to me was because I didn’t pay enough into the escrow so they had to pay it and that I owe it now, but they were the ones that told me I was overpaying and changed it, I never asked them to change it.
We have been trying to get a loan modification with BOA since May 2009. Since the economy tanked, our self-employment income has dwindled. We reached out to BOA in May when we hear about the program and knew we needed help since we had used up all of our savings. We had not been late for a mortgage payment EVER and were not in May when we called. We had very good credit. We were told that to be eligible for this program, we had to be over 30 days late on our mortgage. We were essentially told to miss a payment so that we could get into the program. We were also told it would be 60-90 days for a modification to be complete. We followed all of the instructions and provided every document they have asked for. We have successfully made every trial modification payment since this started. It is now going on a year, and every time we call, there is another stall tactic or contradicting info coming from whomever we happen to talk to at that moment. We have been told we were denied, then we were told we weren’t.. many times. At one point, the rep told me that we did not qualify based on $800/mo income… we never said we made $800/ month and i have no idea where they got that figure and worse yet.. that is what was reported as our income when the loan went up for review. This whole situation has us stressed out to no end and consumed us – really it’s tearing our family apart. False hopes and false promises from BOA. I definitely want to be in on a class action suit. I have so many documents and a log of every conversation I have ever had with them.
Our story is pretty much the same, just like everyone else.. how do we get involved with the lawsuit? Anyone from az, please let me know!
I cant take it anymore- ours was supposed to be finalized at the end of november! still havent processed it- 8 months later! call after call..nothing. We finally got through with the help of a house cons. company and had a conference call w/them. With his help they finally told us they didnt get our final docs! even thought someone came to our home and signed them with my husband- and said he would be turning them in.. so even if this is true which I know its not, wouldnt they call? or send a letter? meanwhile we’re still making the payments and its showing up on our credit that we are not! I dunno what to do from here!
In Dec 08, My husband and I had a family crisis that put us in the hole for 2 months mortgage. In Feb 09, I contacted countrywide which is now BOA to let them know that we needed some kind of work out plan. They told me to send in a hardship letter and all the nessasary documents needed. we did as we were told. they said that we would hear from them on March 18 2009, with a decision.
well the 18th came and went without any word. we contacted them on March 23 and they had the nerve to say that no work out decision had been made. In April I got a knock at the door it was the sherrif with a court order that i was in forecloser..WTF…so here I am a year later and $30,000 deeper in the hole. my file has been passed around to about 4 different negotiators and still no answer. I couldn’t take anymore, my husband and I borrowed the money to just have the mortgage re-instatedand. The kicker is we had to pay$7,000 in lawyer and foreclouser fees. Where can I sign up for the lawsuite?????
EXACTLY WHAT HAPPENED TO US EXCEPT WE LOST OUR HOME OF 11 YEARS.
People;
I am not sure what we can do. As of today I have contacted 3 attorney’s, the Washington State AG, HUD, and anyone else that I can think of and I am not getting very far. I just do not understand how this company can get away with this. However I suggest that all of you do as I am and just keep the pressure on, contact attorneys in your area, your state AG’s office and anyone else you can think of, do it every day. Also go to the web site I mentioned above and add your name to the Class Action list. Also update anything you do that you think can help others on this site. Maybe together we can get something done. I am also seriously considering contacting the local media. This is criminal and has to stop.
I am trying to find Shane Jones about BOA. We are involved in the same mess with this bank. My husband and I are very frustrated and feel more needs to be done. We have already joined the Class action lawsuit inWashington State, but I feel more needs to be done or hundreds of us will lose our homes. I am more than wiiling to take this to any form of media who will listen. Please feel free to e-mail me at this address.
Jana Gates
I would like to be involved in the class action suit against BOA as well. I had a cerebral hemmorhage in September 2009 and contacted BOA in October to try and modify my loan I have gotten the run around since then. One person would tell me the loan was in review for modification, and the next would tell me a totally different story, here it is April and nothing has been done with my loan. This is such crap that people have to go thru this when they are trying to resolve an issue only to get nowhere!!
John,
I know what your going through, I have a list of names and dates with probably the same stories they were telling you..
John,
We have been doing the same thing since June 09. We started callling BEFORE we ever missed or were late on a payment. knowing we were going to be introuble in the up coming months… they told us that we actually had to be late or miss a payment before they would even discuss it with us.
We too, lost our home after being told in writing by bank of america, in writing that we had until such a date to bring current. we have a copy of the cashiers check before said date. OUR HOME WAS SOLD AT AUCTION TE VERY NEXT DAY AFTER RECIEVING NOTICE WE
HAD AT LEAST THREE WEEKS TO COME UP WITH AND BRING ALL CURRENT. THEY WOULD NOT RETURN ONE SINGLE PHONE CALL,SUBSEQUENTLY WE LOST OUR OME OF 11 YEARS. WE HAD DONE EVERYTHING THEY ASKED. BAN OF AMERICA STOLE OUR HOME AND THIS IS AN AMERICAN TRAGEDY!
By law, the bank would have only had to post the Notice of Default on your door and record it in your local county recorders office. You may have received notice a day before it was sold at auction, but were likely notified via certified mailings and it taped to your door. You can probably search your own name on the county records to see when it was originally filed as you have 90 days to pay the balance before foreclosure.
I am having the same issues as everyone else. I want in on this lawsuit. B of A first off misappropriated a large 2 month payment I made last april 2009 to try to get caught up. 2 days after I sent the payment I received foreclosure notifications. Then they took my 2 month payment and applied it to my home equity loan instead of my home loan because they “couldn’t put partial payments toward a foreclosure”. I started trying to work with the home retention team in May. End of July, I was told I didn’t qualify because of information they had on file from 5 years prior…no one asked me new job information or status or anything. Once I submitted that information, they told me they would try again. I called every 2 weeks through august, september, and part of october and all I kept hearing was “we should have more information by the end of the month”. I finally got a lawyer when I received a red tag on my doorstep saying my house would go up for auction in 15 days. I got the foreclosure postponed with “modification in process” and my lawyer was getting the runaround too. In January, I received paperwork that my lawyer did not recieve regarding a modification agreement. My lawyer suggested I sign it and send it in to get myself caught up on the mortgage and that it would bring me back to current. I sent it in but never recieved acknowledgement from B of A that they received it or processed it. Now I’m being told by various B of A representatives that its still pending, not guaranteed and no one can tell me a correct answer as to what I was supposed to do with my “new” modification payments that were supposed to start on Feb. 1 with the modification. All they tell me is to send money to start getting myself caught up….they already misallocated my money, why should I trust them?
My story is also almost identical to yours and most of the other bloggers. I cant believe how they get away with this. I too was in a mod agreement, never told i was denied, continued to make my payments and somehow still have a sheriffs sale scheduled. To date they are still telling me to continue to make payments. Same here on trying to work with them and being told something else every week. They are no better than the common crook. I mean there are so many what can we do?
I was wondering if I can sue Bank Of America for selling our 4plex under a trustee sale after all the paperwork and processes that we did and our real estate agent did to process the short sale. Bank of America acknowledged that they have received all the documents and they said that they will stop the trustee sale that were to take place in March 10, 2010. However, the property was still sold when we found out that the new owner started knocking at our tenants’ doorstep. What recourse do we have? Up to now, Bank of America claims that the short sale is still in process, but the property is already sold.
There should be some kind of rally or protest, in Washington, DC- I’m sure there would be thousands of people supporting this issue. They need to be stopped and national/world attention is the only way to make our Gov’t see how many people are hurting because of BOA.
I’m for it. National Media attention is what will get their attention. What they are doing is wrong, and should be challenged in whatever way is possible. Maybe I can find out how to organize a march down Constitution!
Here is the link to SIGTARP – I found in my MHA documents that you can file a complaint and report fraud… sigtarp.gov/index.shtml
Here is the info from their site with the phone #:
“If you are aware of fraud, waste, abuse, mismanagement or misrepresentations affiliated with the Troubled Asset Relief Program, please contact the SIGTARP Hotline!”
Phone: 1-(877) SIG-2009
I’m going on the Dave Ross show at 1035. Trying to get this out in the media. Keep up the fight people, call, e-mail, whatever you have to do. Keep up the pressure to change this criminal activity.
How can I add my name to this lawsuit I have been trying to modify my loan for year now BOA SUKS
Is there any lawsuit in NC. I’ve been going through the exact same thing. I’m into my tenth month of trial modification. I thought it was three months!!!
I’m on my 14th month and still no answers! ! BOA is tearing lives apart.
There needs to be a place for all of “us” to meet and discuss the next course of action.
It’s become apparent not only from this web site, but many more that there are 1,000’s of people in the same position. Being lied to, abused and cheated by Bank of America.
The key here will be unity as a group, .. write down from start to finish EVERYTHING that happened. Create a document that any judge or attorney general can read and understand what happened.
As tough as it might be, .. keep the emotions out of it and only present clear and decisive facts.
A group with well documented facts, showing up at the US attorney’s office, your local congressman’s office or filing a joint complaint with the Office of Comptroller of the Currency can lead to some action.
Those of us who live in northern Virginia are close enough to Washington DC and the proper authorities to really make enough noise to force the Federal Attorney general’s office into action.
Now all that would be needed is an attorney to help turn this into a federal class action, . . and I’m sure it would involve 1,000’s.
something has to be done, ..
I agree! There is something that our AG can do, or our congressmen/women, something that someone can do! I have come to the conclusion that B of A is playing this game with everyone, and doubt they have really helped anyone. This is hurting so many people. Maybe they hope that if they drag this on long enough, people will start dropping like flies, give up and they don’t have to lower mortgages, payments or take any responsibility what so ever. I would think that more people would be foreclosing and that would not help B of A, but it seems to me they want to be done with these loans and let the government assume them. I think there should be a national coalition. Someone somewhere will hear us and help us! Have you tried contacting the law firm that is representing this lawsuit? I’m in for whatever help I can contribute to this cause. B of A is turning peoples bad situation into a worse situation by taking their time by NOT making a decision and then hitting consumer with a “notice of intent to accelerate” on the reduced mortgage amounts “plus fees ,interest and penalties” for entering the program. They are crooks.
Call Maria Cantwell’s (Wa State Senator) office – ask for Ken Pierce: 206-220-6400. Apparently HUD has housing counselors who can help. We need to make aware of the pattern that Bank of America is practicing on what it sounds like almost everyone, 1000’s of people. Take action!
Diane;
I have been in contact with my local HUD office since Feb. of this year. They get the same run a round that I do. I don’t think they have any more power than we do. The AG isn’t getting any further either. I keep hounding everyone I can think of to no avail. God I have been putting so much into trying to get something done but it seems like nobody has any power to make change. I need some new ideas.
How do i get help.
They modified my home loan they gave me a adjustable rate leaving
me worst off than I was before. Any information I can get would be a blessing
I was feeling good about my loan through BOA until I read this sight. I was told by BOA that my loan had to become delinquent by at least 60 days before they would even consider me for a loan modification. With my loan being 60% of my income, getting behind was rather easy. I have entered into a 3 month trial, made one reduced payment and got papers to sign for finalizing the modification. Now you say I may not really get the modification? How long before I know if they screwed me also? I am one of the old CountryWide consumers who had ALL our personal info sold to God knows who and they are wanting us to sign off on a lawsuit because they gave us a measly 2 years of credit protection—not gonna happen with me. Something needs to be done to these mortgage companies and it is not bailing them out. I guess I wait to find out if BOA goes through with the modification before I can join the class action suit? Where do I get info on the suit and when is the deadline to join it? Thanks for the info in advance.
Joy,
See the replies I made above. Go the the link I put on here and that will direct you to the attorneys representing this class action. On the website it says “join the suit” and fill out the info. I’m reading from other people that they don’t know where to go or who to join, and I’ve put the link on there. I hope people can see this!
Diane…please send me the link. I live in Virginia and have been given the runaround. I’d like to join a class.
After 8 months I was told I was preliminarily approved. 2 weeks later I was told that BA just serviced the loan and that E-Trade actually owned the asset and were not participation in MHA.
We received our first “package” June 2009 and have had nothing but delay after delay for one reason or another. I was told in February we had been denied; news to me we never got that. Still trying to get it straightened out and are in a huge hole after doing what we were told!
Class action in Virginia yes!
Hi Scott have you gotten any resolution yet? We live in VA and are also 9 months in to BOA modification and never missed a payment before for 12 years and now during the modification period we have never been late. They now tell me I am delinquent. How can you never be late on a payment and be deliquent? Any VA Class action suit?
Thanks Diane, I appreciate your help, now I know where to go to hopefully get some correct answers.
Joy,
Also, I was going to write yesterday and forgot. I hope that because they gave you a reduced mortgage you will MAKE sure that it does not go beyond the 3 month trial period, because what WILL happen is you will get a letter in however months stating you owe that back payments plus interest, fees, penalties. We filled out a ton of paper work as well (3 times, that tells you something there) and each time we were told it was to finalize the modification, therefore we thought we were approved, only to be shocked when we got a letter stating we owe more than 12K because it took them over a year instead of 3 months to decide if we qualified. Just be on them, call everyday, pressure them to make a decision if it goes beyond 3 months. That’s when I would say you know you are being screwed that if more than 3 months goes by, and you still don’t have an answer, don’t think because your payments are reduced you’re in the clear, that should indicate to you are are about to get screwed. Be your own advocate because it seems nobody can really help until B of A is put under pressure and the public has been made aware of their shenanigans. Good Luck!
While I thought we were getting a modification because we qualified for “THE MAKING HOME AFFORDABLE PROGRAM”with BofA our home was sold behind our backs. We signed the contracts for the crappy modification which was more than our original monthly payment,had them notarized and along with a cashier’s check for fees and first payment. We sent them back in the prepaid Fedx envelope as instructed by our BofA negotiator. Who assured us our home will be removed off foreclosure as long as she received documents.I checked Fedx to verified the documents was received. We learned that our house was sold the next day. A man knocked at door handed my fifteen year old daughter a note that read “This house has been sold”. After a long day at work my daughter tells me” Mommy sit down I have something to give you.” 12 years in our home. One whole year of waiting for a respond about the modification.After blowing up the Home Retention phone 10 times a day. I was directed to a special department because I called so much. They told me I DIDN’T QUALIFY for the program. Though the negotiator tried for 2 week to resend the sell. The lender said “No” I later learned they made a 50,000.00 profit on our house.We are now being evicted and was served with an unlawful detained. All we needed was a modification.HELP!!!!
I am so sorry!! same thing is happening to me. Us as citizens and taxpayers are getting it from both ends and standing against bohemoths to receive any sort justice is non existant. We need to all make a stand and make our voice one!
You can fight for your house, and you should…I don’t know what state you are in, but I just found an atty that will represent me, and he claims I have strong evidence against them. They sent me letter on July 17th saying I was approved for a loan modification, and to sign, date and return by August 16. I had an atty verify it was a legal contract and notarize it for me. Bofa received my SIGNED ACCEPTANCE on August 3rd, 13 days before it was due. On July 30th I received a letter from BOA atty’s stating that I was in breach of contract, and they are foreclosing on my home Aug 31st. When I called bofa, they said, not to worry, we received your paperwork, it just has to be uploaded. Don’t worry, the sale will be cancelled. It is just “procedure”. I called every day. They told me, that on August 16 th I declined their offer. I told them I have been calling on a daily basis to cancel the foreclosure sale, and I signed and returned the contract why would I decline an offer. SHOW ME PROOF! I called every day up until Aug 30th, when I was forced to file bankruptcy, to postpone the sale, and save my home. They led me on for 11 months, charged me outrageous late fees and lawyer fees, not to mention humiliating me 3 times over by posting the foreclosure sale in the paper. They are doing this to everyone. I have the signed contract, and the lawyer said it is a valid offer, and the courts should make them uphold it. Bofa sent me a legal binding contract, and now they are trying to get out of it. I also learned while sitting at the bankruptcy court, that Bofa’s attorneys were notified on July 17’th to set a foreclosure sale date on my home. THE EXACT SAME DAY that they issued me a LOAN MODIFICATION AGREEMENT. BOFA needs to be stopped. We should organize a rally, and take it to the white house lawn!!!!!!!!!!!!!!
BofA is giving me the same run around as the rest of you….please let me know if bankruptcy has helped you, was it chpt. 7 or 13….they have posted sale date on my house…..has anyone in CA taken any legal action or planning to take legal action? I would like to join. Feel free to email me at nobelyou@gmail.com.
I would like to to be included in class action litigation against BOA. I am a NJ state resident. I have a very detailed 18 month documentation trail on what happened to me at their hands. (So much so BOA representatives asked me if I was an attorney. ) I am not, but I welcome any opportunity to hold them accountable for how I and I would suspect thousands of others have been treated. Please advise.
The Condo I bought in 2006 for $156,000, and is now worth $55-75,000 was most likely “owned” or represented property of Aegis Wholesale Corp., which went Bankrupt in 2007. Put me on the list. I’m seeing a bankruptcy Attorney Thursday, and have already consulted with an Arizona Attorney who is going to further the search into this. There is a HUGE Lawsuit going on against the former “Aegis Corp”, and MERS, BofA, Wells Fargo, and US Bank. We’ll see. Good Luck to all!
I want to file a class action lawsuit against Bank of America for misleading the consumers. I had a house on short sale. Everything was going smooth according to my realtor. BofA had pre-approved my short sale and the prospective buyer had already started escrow. When I received the notice for the sale date, I immediately contacted my realtor. She, in turn, contacted BofA and was told that they will cancel the sale date. Come to find out that my house was foreclosed and now the bank owns it. According to Escrow, this is not the first time BofA has done this. This is not only unethical but wrong. If anyone is interested in joining in a class action lawsuit, pls let me know. My property was located in Mesquite, Nevada. I am not sure if I will need a lawyer from Nevada or where I reside which is in California.
All who might be interested. Check out the Nevada and Arizona Lawsuit: Mikulaco vs. Aegis Wholesale Corp. et. al. Defendants, (briefly) MERS, BofA, US Bank, and Wells Fargo, “et.al.” Pretty interesting stuff.
Bill, could you please give us the link for that Mikulaco suit, I couldn’t find the one you are talking about. I don’t think you have to file in the state you live in, I am in a class action suit against a drug manufacturer and the attornies for it are in NY and CA and I am in Ohio, many of the plaintiffs in this suit do not live in NY or CA.
I contacted one of the firms posted on here, but they told me I had to contact someone in my state, that they were only dealing with the west coast pretty much. I also spoke with BOA today, and now they are telling me that I have to resubmit for it, that its not showing in there system, its getting on my last nerve. Anyone know who I could contact in my area? South Carolina. Thanks in advance.
Now that I posted in this web site, Bank of America is calling me. They said their voice messaging system was broken, for a month? How stupid do they think I am?
I threaten them with the BBB. I also told them about this web site. I am in South Carolina also. I am not sure if I want to unfreeze my credit for them not to do anything. I have had other people that work for B of A tell me to go to a small bank in your town for the refinance. Do not keep waiting and lose your house! They didnt do it for their own employees! I know of one B of A employee who got layed off from them, then B of A foreclosed on his house. Bank Of America is too global they do not care about their customers. DO NOT USE Bank of America. Tell everyone you know. I told them I was going to get President Obama after them. Now they are calling me.
Leo, if you google class action suits for whatever city you live in, you will get a list or at least I did for my city in Ohio. Some for nationwide attornies also came up.
just like most of you guys…i was never even late on my mortgage before going into modification. I went in my “trail” period in 12/09 that was with BOA owned company called Wilshire. 2 weeks they were suppose to make my mod perm. BOA took over the mortgage and now wants to redo the entire modification. Remember never late or even missed a payment…been paying the modified amount, now im like 4k behind and no closer to a modification. Once they discover my UC was cut as well…guess what I think then they will make a decision, deny my modification and start foreclosure.
To Joy; The website I got the info on the Mikulako suit is on Justia.com. Your scenario seems different; but the site may help you. Good Luck. Bill…
How can we add our name to the class action law-suit….We fell behind in our mortgage in October 2009 due to the fact my husband was laid off because of the down turn in the economy. I was sent the information to start making trial payments beginning in November 2009. I made my first trial payment on October 14, 2009 while I was on the phone with one of the representatives of BOA. Then completed all paper work for modification and began making my modification payments. I Fed ex all the documentation to BOA. I then received notice for addtional information. I faxed the information to BOA. Checked to see if received got the run around for 1 month saying they never received give it some time may not be updated in system. I then refaxed all documentation again. Called couple days later and was told they did not receive it so I Fed EX it overnight. Called few days later and finally was received. This was almost 3rd month by now. I then get a letter stating I had not complied with the terms of the modification and had not paid any of the trial payments. I called and spent hour on phone getting that straightened out because in fact I had made all the payments monthly. Was told to continue making trial payments it is taking 30 to 60 days for the paper work to be processed. Have contacted them numerous times and just get pushed around in circles. In meantime they paid my Homeowner insurance and taxes because that is part of program guidelines. They were tacking on late fees and then in March I made trial payment and the representative who took it over phone read me back correct information on checking but then submitted payment with ABA routing number in both checking account # and ABA #. I then received letter saying it was returned to them because bank could not locate account and they were charging me 30.00 fee for return. I spent another hour getting that straightened out. Talked to Hope team to get it straightened out. Meanwhile I pull my account information and see all these misc. posting and posting over last several months showing reference dates dating back to Aug, Sept, Oct, Nov, Dec. 2009. Cannot make any sense out of this information. Meanwhile they are showing in arrears 5,184.00. Then I get a letter dated 4-26-2010 stating I do not qualify for program because I have defaulted in my trial plan because I did not make all of the required trial period plan payments by the end of the trial period. I have spent 2 days and 2 hours on the phone to be told not to even worry about the letter do not show hard denial and it is being turned over to manager. I requested some answers today 4-28-2010 and that I needed an answer today on what is going on with my mortgage and answers about the postings on my accounts and was told not to worry that we were being put back into the modification process. We have responded and replied with all the correspondence they have sent and still dont have any more information then I did when we started the program. They are reporting late payments on credit report every month. This program is obviously not helping only hendering us as homeowners. Please give me any information you have on this law suit I want to jump aboard.
Clyde and Robin,
Go the the link I posted on this site. It will direct you to the lawfirm representing the class action suit. You can call, but they are getting hundreds of calls per day. You can click on the box that has “JOin the suit” and add your info there. Your story is the same as ours. I really wonder who is regulating this homes made affordable program, because it’s just too strange that BOA has done this to nearly everyone. Good luck!
I have been reading in the news about a huge investment firm in Seattle that owns some of the biggest buildings and even though they have the cash flow, they have stopped making loan payments to the banks for this very reason, just on a different scale. The banks won’t modify their loan and the rents they get from the office space have gone done, so they can’t even cover their loan payments if all of the building office space is occupied. So, with them basically playing chicken it’s getting the banks attention. I’m to a point here where I think that if everyone stops paying their mortgage, and demands their attention, that will get it. Why would B of A modify our loans when we are all paying them? The first round of modification for us was 1 year, then to be hit with a denial letter and 12k in the hole of the reduced mortgage payment back pay, now we are in our second modification trial, which is only $100. less than our usual mortgage payment, which isn’t making this home more affordable. So, I say screw B of A, I’m willing to sell my home, short sale if need be, and they will not get another dime until they modify our loan. I spoke to an attorney and with the equal credit opportunity act, by law the bank has to give you an answer with in 30 days, which clearly they have not. You’d think that B of A would act more swiftly to avoid foreclosures, but it almost seems like that’s what they would rather do than assume these lesser loans. I’m not paying another dime until they modify the loan and I think if everyone stands together on that, it WILL get their attention when they stop getting money. They have screwed us, why not screw them back. I know it’s risky, but think about the situation you are in now…..
I would love to joint the lawsuit or start one here in Georgia. In reading the comments, it looks like we are all in the same situation with only minor differences. It is clear BofA is at fault … but it is also pretty clear it’s all about the money for them.
My story is like so many others … my investor even told the bank to re-amortize my loan but the bank started a foreclosure action instead! I don’t know what to do. It would only take a small amount to start over but I can’t figure out how to get funds to stay afloat long emough to fight the injustice of BofA’s predatory loan tactics … here’s my story – let me know what you think I should do:
Local News with National Implications
Fighting Predatory Lending
After moving to Georgia in 1980, I supported myself and four children by working as a nurse for two different healthcare staffing agencies. I attended church and PTA, plus volunteered with a youth track and field group as my children competed. Then, along with the work, childcare, volunteering and the seemingly endless homemaking duties of a single parent, I somehow even found the time to become a nationally syndicated columnist. Without warning, I was rushed to the hospital in 1999 and began to lose feeling in both legs.
My journey back from that near death experience was life-changing as I discovered how little feeling there was to be found in the government – my government, as an American – and not just in the health care system! Mechanisms designed to help often do just the opposite. The way in which the financial system impacted everything else is daunting and the phrase, ‘follow the money,’ is worth remembering because it relates to everything!
I am a female senior citizen and a person of color on disability with no credit cards or installment debt … but, also someone who now cannot get her predatory mortgage loan modified. I qualified for my home thru a special program for first-time homebuyers with limited assets. The house sold for $95,000 in 2007 and I put down close to $34,000 (which included nearly all of my back social security disability benefits) to get a mortgage of $65,000. Although the house appraised at $122,000 in 2007 now, in 2010, it is only worth $70,000.
As the economy worsened and prices increased [but my fixed income stayed the same] I started falling behind. According my lender, I only qualify for a modification involving a higher monthly payment which [to me] is not an option because my current mortgage payment is almost 70% of my Social Security Disability Income! Filing a Chapter 13 Bankruptcy is not an option for that same reason. I have no debt and the repayment plan would mean making the same [exorbitant] monthly mortgage payment plus an additional amount to include late fees. Filing would stop the pending foreclosure but, would not solve the problem – which is the illegally high payment on my mortgage loan which was targeted to minorities, seniors, women, and those with limited income!
Since starting my quest for a mortgage re-finance or modification in 2008, letters generated on my behalf by multiple elected officials and two White House Administrations have not helped. Recently, the investor owning my loan advised the lender to re-amortize at a lower interest rate for an extended term. In response, the lender who is under investigation by HUD, the FTC, and the OCC / banking commission due to irregularities in my mortgage loan origination and possible discrimination, instead initiated foreclosure proceedings! The pending sale date of 04 May 2010 is fast approaching. I need help to fight this injustice. Time is of the essence.
Please, help me save my home!
My lender is already in the news – it’s Bank of America and my investor is the Georgia Department of Community Affairs GHFA. The mortgage industry must be held accountable for its actions – lender and investor alike. Rules with tangible penalties must be created and then enforced to protect consumers. Please, help me and, let’s find out where the money leads …
C. Scott clcrss@gmail.com
215 Talbot Court, McDonough, GA 30253
678-743-3587
hi there, how did you make out..i am in the same situation, african american, semi-retired, pending foreclosure and seeking HELP… PLEASE REPLY
I would like to join this class action suit. I submitted my loan modification in October 2009 and have been waiting. I tried making payments which they are not accepting and BOA has asked for an extention on determining my loan modification. One week later they are foreclosing on me. Each time I call BOA I am given different information on what to do. I am told if I want to stop the sale of my home I need to hire an attorney.
Well I just spoke to the Hope Team—again and they assure me I am still in the process of finalizing my modification. I, however, especially after reading all your comments, am not reassured that this is the case seeing how this is the third month and I have nothing final. I think I will join the suit then IF it turns out they do approve me, I can always drop out. I am not confident this will happen. So count me in, I will go to the web site suggested and see what they have to say as I am a resident of Ohio. Whether I am eligible to be in the suit ot not, I encourage everyone to join together otherwise they will not even hear us. We bailed them out now they can bail us out. Since this is a government program, I am also notifying my Representative—he may not do anything but it certainly can not hurt.
For those of you who now have BOA as your mortgage holder and have been trying to go through their home retention program to keep your house and have been jerked around, screwed, etc., here is the site about a possible class action suit against BOA. If you are part of this group I urge you to fight against BOA, they are breaking federal law!
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/
It’s way past time consumers start uniting and demanding their rights against these corporate giants who are not treating us fairly.
why not lets try the media tv geraldo oprah 20-20 60 minutes
anyone that gets alot of attention sure plenty of people will reply
Blue;
I have been on the Dave Ross show here in Seattle, he did not take me to seriously until the next day when he got hundreds of e-mails from people going through the same exact thing. Next I am going to the local media, then moving national from there. This has got to stop, it is getting to damn crazy. I am going to start to gather information from people local (Puget Sound to start, then probably state wide) and get a movement going. The American People deserve better than this. I have been in constant contact with the states AG, they are not getting anywhere, or they are not trying to hard I’m not sure which yet, but I hound them at least once a week, along with HUD and a couple of other agencies. I will be happy to share the contacts I have if anyone is interested.
Shane
Yes, please send the contacts Shane. I will take action against BOA. I can put the contacts in the right Agency hands. Trust me.
My Story is the exact same as most of the people that have posted to this site. I applied for a loan modification with BOA way back in Sept. 09 and have been getting the run around since. I am on my 9th
“trial payment” only to be told since June I have been approved and my file is with underwriting. They have lost my paperwork I don’t know how many times and I am now being told that the difference between the trial amount and my mortgage amount will be added on the back end of my loan. What I would like to ask is how can that be? I was part of the scam with Countywides’s “Interest Only” loans. For the last five years I have been paying what they call interest only. How can I owe any additional fees on interest?
I have twin boys, work full-time and don’t get a lot of computer time. I notice that there are a lot of postings on this website and I can’t read them all. If anyone out there is making any headway putting closure to this disaster please contact me and let me know. In the meantime, I will contact the lawyer whose name has been referenced.
they did forclose and went in my home removed stuff without eviction notice,2 months before it was to sell dec 14th 2009 ,said home was abandon they lied for 6 months to me,cam any one help with lawyers or class action info,court house documents siad i only owed 3000 doallrs to catch up customer service said 6000 to catch up on payments….said i did not qualify bs
Kenneth Lawrence April 30, 2010 at 7:02 pm
For the past 2 years I’ve been trying to get some assistance in reducing my mortgage with Countrywide and in the latter Bank of America. It seem like everytime I did what they wanted me to do they would come up with a new excuse why they couldn’t help me . It went from I had lost my job in construction they told me that if I found a job they could help me . I find a job and they tell me I’m not making enough , so I find a job making twice the amount of the previos job , they tell me that my loan has a third party on it and they will not allow them to do the modification . So they came up with a repayment plan . I had to make my first payment by Dec. 19th 2009 . I made that payment on time and on Jan. 4th 2010 they sold my house actually they bought my house (BOA) . I was told that I’ m going to have to get an attorney any way in order to keep my home . I’ve already had to had things taken off my credit report that were not of my making . If you’ve gone through the kind of mental and physical stress that they’ve taken me through . You would be a fool if you did not join in this lawsuit .Your credit information may already be out .If thats the case you need out to find to what extent . I feel those that are a victim of this Bank of America should be forced to give you the deed to your home, pay the taxes and insurance for the next 10 years . Am I filing a claim HELL YEAH because I now know why I’ve been having credit problems the last few years it’s because of them giving my credit information to the thrid party and no telling who all he sold it to . And for the fact that they sold my house 2 weeks after I made my first payment of the payment plan
Reply
Hi Kenneth, have you had any luck on your lawsuit? Cheri
I am currently in the process of filing my own class action lawsuit in Ohio against Bank of America. If anyone would like to join please let me know.
if there is a class action going on in Ohio, i am definately interested. these clowns are doing the exact same thing to me. please let me know if you get this message
Larae, I am in Ohio also and am interested in talking with you about a class action suit—please email me—TinksMabby1215@gmail.com
Hi Joy, I just tried e-mailing you information but it didn’t go through. Not sure why I spoke to an attorney today who specializes in class-action lawsuits. I told him about my story and gave him the information on two other lawsuits that have been filed for him to review. I will post as soon as I hear something back from him.
Thanks Larae, Gmail seems to be screwing up over the last couple of days, my alternate email is jtinksmabby@aol.com
Joy; I clicked on the website you gave, and I got returned to this “page”?
I have been waiting since Oct 2010, now it is Feb 2011. They always want the same information. I keep sending it in and they keep asking for the same info. with nit picking changes. I have talked to many people and have about 6 different phone #. Seems like I am on a wild goose chase. I would not recommend this home modifaction to anyone it is a scam to make B of A look good for the government.
they are foreclosing on me and i did not know until i was served this week.
clerical situation mistake and was willing togo immediately and send payment they refused!!!!!!!!!!!!!!!said it was foreclsure and i would have to go to court pay attorney and amny other fees they were planning to add to my account and expressed to me what they really wanted was my home….have tiny mortgage been with 17 years am 70 and partially blind
court is in 2weeks or less or ithey threaten to put me on the street
I believe in most states if you have full payment they have to accept it. Be sure you have proof when you go to court that you offered to pay and they refused your payment.
e-mail me they have done the same to me and thousands of others
Dallas …
I don’t know whether you noticed or not, but you’ve posted on a page that’s a year old. The current discussion is at …
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed
It might be an idea to read through the forum (backwards) from that point. There’s a wealth of information available. Simply click on “Previous Comments” in light blue at the top or bottom of that page.
Also … who is it that you’d like to email you back? Just so you know, there’s no lawsuit on this forum simply to sign up for, and there are no lawyers waiting in the wings to save you. There are no heroes. We have to fix this thing ourselves.
how about 20-20 tv
some big names and get it on tv
geraldo—-oprah
Any way to get a court ordered stay of foreclosure until pending litigation gets “sorted out”?
You can reply to the court about the forclosure stating you offered to catch up your payments and they refused. The court will ask the bank to reply to your statement. It buys you time if nothing else. If you do not reply to the forclosure filing in about 30 days the court can rule for the bank. Doing nothing is the worse thing to do. States very in their laws somewhat so this is not exactly how it goes so get any attorney. Legal aid is sometimes available for those that cannot afford an attorney.
All Virginia residents……anyone interested in joining in a suit against BOA?
Hello,
Iam very interested in filing suit against BOA. i have been going round and round with them trying to get a modification for over a year. I can be contacted by email or phone.
Thank you,
Richard M Jarrell Jr
Cell: 571-722-7544
Home: 703-753-1464
Work: 703-641-6646
I am considering a lawsuit also.
Richard, we need a string of denied customers with a paper trail and a good attorney. Split the cost.
Let me know
JJ
I’m interested. Our perm mod was approved and started pmts. 4-1-09. Made new pmts. Continued to get run around and receive “old” payment amount due on monthly statement. Past due kept racking up even more since difference of new and old pmt. amount. Finally in May 2010 got a phone number by accident from a man in India. Helped me. Got my mod completed. . . Oh but wait, they finalized my mod, then 2 weeks later sent my loan to the foreclosure dpt because of past due (from their dragging their feet) They need to be held accountable. Yes, I will join a class action for California against them.
I have a similar story. I received my perm. modification signed off by B of A in June. I made all payments on time, before, during and after the trial period. Now they’re strong arming me for more money saying I missed 2 payments, and I’ve received 3 threatening letters of foreclosure. I have all my documentation! B of A Payments Research Dept. acknowledges all payments have been made, that it is the modification dept. mistake. I’m getting nowhere with the mod. dept. after more than 15 calls plus letters and faxes. I think they’re committing fraud! Please include me in any class action suit. Laraine
Laraine …
Your post ended up buried on an older page … with posts going back to May. This blog takes a little getting used to.
To get to the end (last page) with the most current posts, go to —
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/
The most important thing to know is that there’s no list to be added to.
It’s not that simple.
There are no heros in capes … not to be melodramatic. You have to be your own hero.
Unfortunately, the situation you’ve found yourself in takes work … your personal work and time. Trust me, I’m one step behind you in the process, and have been dealing with it for 13 months. It wears on you and pushes you to your limits … but these people are relentless.
The more I hear and experience, the scarier it gets … but this is a good place to gather information from good people … you just have to employ yourself to the task.
I’ll repeat a post I’ve made several time with a list of things that might help … but also remember to look through the blog for the advice of others. There’s lots of helpful people here.
It’s for newbies, and you have a mod, but it might contain pointers you could use.
_____________________________
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.”
Hi Barbara, I’m in CA also and experiencing something similar. My mod was approved and I’m making the lower payments now, but I still receive the ‘old’ statements. I’m also receiving letters of foreclosure and ‘claims’ of past due amounts. They had the collection agencies call constantly, but they couldn’t advise of an amount past due, No one could. When I speak with a rep, or email BOAs customer service No one can cite that $ is past due. That’s because there is No Balance Due. BOA NEVER updates their records to reflect current status. I still keep getting these letters. I need to have my mod Finalized asap. I’m intersted in the class action suit and do you still have the number of the man in India?. Sincerely, Deej
Went through mod with Wilshire Credit. Everything was fine. Made all payments on time. BoA bought out Wilshire, said they would honor mod agreement. They lied. They have threatened to foreclose. We have sent them every document requested several time. This turmoil started in March with BoA. It’s now December. Class action, count me in.
This is happening to me too, was approved for the modification in september and was told in november I had enough funds in a account to get me through till february 1st when my payments would be made than. got a bill saying this. now I am being hounded to death because they are saying I am 2 months behind on payments and are going to start the forclosure process. I am so frustrated I do not know what to do??
I am also interested in a class action against BOA. Contact information:
Diana
703-618-5642
Did y’all ever get a lawsuit started? I am a single mom in Texas, and I have horror story after horror story. I would really like to join in the fight to hold these thieves accountable.
BOA is the king monster of a horrable system that all the banks typically try to immulate. A “banker” used the term “indexing” as a discription of those living pay check to pay check a targets this group especially those on a fixed income as retirees. People who have direct deposits have a hard time walking away after paying these fees as they can be convinced ,embaressingly so, that it was their fault. They Killed my father with worry and took hundreds of thousands of his hard earned retirement as a postal carrier in fees. He was one of the last people you would have thought to get sick with his strict healthy diet. His account was a negative $480K as they scammed him every turn. The elderly are being raped by this institution and the banking industry that causes wars and destroyees all who stand in the way of their profit maxiumizing. It their money, they just let us use it to control modern civilization “to the victor goes the spoils…”
Did you ever find out how to go about this, I am fed up with BoA home loans.
Melanie …
I don’t know whether you noticed or not, but you’ve posted in the forum way back here in May. The most recent and active posts can be found at …
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/
And actually, the page before it is packed with information about “how to go about this” as you ask. Please notice entries of mine that give links to my “Getting Started” list on PiggyBankBlog.com, but other folks have valuable things to say also. See …
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/comment-page-26/#comments
I am also interested in joining a class action suit against the Bank of America. I lost my home when they did not return my calls with regard to an alleged loan modification program they offered me for a three-month period. I even went to several branch locations and no one could provide me with any information. Not being informed (Countrywide would never have behaved this way but BOA bought them out), I had no choice but to leave the home I rehabbed entirely by myself from windows to furnaces to plumbing and am now left with nothing.
Mary E. Higgins
Yeah, why not? Look at my story. It’s here!
Has a class action suit been started in the state of VA and what do I need to do to join?
yes…looking for a good lawyer right now.
That is wonderful news. Have you found an attorney yet?
Diana
Hey Rich I am with you. They tried to screw me good. I have my case ALL documentated and would love to get in on a class action suit against them. I am in NC
As someone else mentioned, a class action may not serve BAC as justly as the proverbial “thousand cuts by the sword”. I go again tomorrow to my attorney to discus a gamut of litigation concerning the MERS fiasco, the fact BAC can’t locate my “wet ink” note to modify, and the fact they’ve, in essence, defaulted by breach of trust in breaking the relationship of my note and title and irresponsibly managed my mortgage affairs. Just one cut, that’s all I have.
From what I’m understanding, if your Deed of Trust places MERS as the beneficiary of the security instrument and is not on the note or title, you can just about name your own modification terms to help correct one of the banks’ biggest mortgage lending screwups in history, if you want. Correct me if I’m wrong…
I WANT BAC to fail. When the word “FAIL” comes up, I want a comma and “BAC” in bold caps to follow. I want their emblem as a watermark behind the letters.
Complete destruction and rebuilding with entirely new flesh is the only way to deal with corruption so entrenched in an industry demanding trust on the par banks do.
When they’ve spewed the lies in the fashion BAC employees have during this mess and defrauded so many innocent consumers, where does one begin – other than at ground zero – to re-establish trust in the institution, if ever it can be? Such an institution needs to fail and government needs to let it so it doesn’t become perceived even more complicit to the crimes already committed. We need SOMEONE to be trustworthy right now, this moment, while those we’ve trusted within the banking industry rightly “skewer on their own swords” and if those in government, as a whole, expect to earn and keep that trust, a total houseclearing of the financial industry’s corruption is a beginning.
Keith was your original loan with BAC or was it with another servicer. Is the lender Freddie or Fannie? What is this MERS? My loan was with Countrywide and BAC took it over because of Countrywide going under I think. How do I find out what the deed of trust states? I am assuming if they foreclose on the borrower the borrower doesn’t find out? Also would it be safe to assume they are not doing loan mods because they know the paperwork is not correct? I really don’t understand all this stuff. But I do know that I qualify and have been getting jerked around for quite some time now.
Keith and Dena …
Both of your posts got a little lost back here in May. It might be an idea to post at the bottom of the page. rather than clicking “Reply” so others can see your writing. You both have interesting/valuable points and questions. Not everyone can find what you’ve said.
Dena … MERS is a mortgage tracking system. Probably the best thing for you to do is a little Googling and reading.
You can find out a whole PILE of information from BofA about your loan … paperwork, how accounting was done, virtually anything you need to know … with a RESPA/TILA (Truth In Lending Act) letter.
They are required by law to answer your questions. I can send you examples of a RESPA letter or there’s links to them in my 16 point list.
RESPA letters can be quite long, since this stuff can get complicated. You can request that they produce your note AND show the “chain of transfer” which tells you how it got from Countrywide to you … and to whomever has it now … like Fannie Mae.
Essentially, you can compel them by law to prove not only that you owe what you owe, but they actually legally have a RIGHT to demand it and own or service your loan through documented PROOF. No note, no track record … no debt … although it’s a long, tedious legal road to get to that end goal in court.
But if they can’t document it, they can’t take your house.
That’s what a major part of the news hub-ub is about … them being able to prove they’re legally allowed to foreclose based on legitimate documentation …
…which a bunch of it is proving NOT to be.
My original note was with Countrywide, a fixed rate.
The second page of the DoT will tell you in bold print if MERS is the beneficiary of the security instrument. Then look at the NOTE. If MERS isn’t listed, and 1/62,000,000 chances say not, you have grounds for contention and yes, that’s why you or I can’t get “modified” – they lost the note’s relationship, but I don’t want their mod now, I want them barbequed.
Dena,
One other thing – at your original signing with Countrywide, you were provided copies of the Note, Deed Of Trust, HUD Settlement Statement, and various other documents.
Within that package, you also likely gave power of attorney for corrections of those documents to be made, BUT (and this may be affected differently by laws of various states) if a Deed of Trust is recorded for more than a year without correction(s)/amendments, it is deemed to be a lawfully executed instrument.
No one can come back to revise the DoT, Title, or the Note without revisiting the entire transaction, which requires all parties to be in agreement unless/until the Note is satisfied. When MERS was named beneficiary, they broke the note’s association to the security instrument and banks further sold off portions of the notes as MBS’s distancing the articles even further. They can’t rejoin their Humpty-Dumpties and have no idea where the pieces really are. That’s why we can’t get modified and their attempts to conveniently cover it ALL up came as “FORECLOSURE”. Not only that, but they attempted a secretive Congressional fix by trying to get notaries public sucked into their whirlpool of deception and corruption. They attempted these illegal remedies quickly to avoid legal contests and errantly thought that was the easy way out, but now the chickens are back home to roost. One may not appreciate the full package of President Obama, but his prescience in that pocket veto headsmacks big banks pretty hard and is much applauded by me.
Further, KEEP YOUR DENIAL LETTER!! If the bank has denied your modification or if you’ve refused their terms, your ORIGINAL NOTE governs their conduct – and yours. The denial letter effectively releases you from any and all obligations of their “trial” mod.
So, if you WANT and allow them to mod your loan, you’re in essence allowing them to fix their foul-up on their own terms, if they even can. All evidence I see is they can’t, legally, without sitting across the table from each borrower, each investor, and reworking the contract.
As for me, that ain’t gonna happen since BAC (and others) have screwed over so many borrowers and lied so many times to so many people, and I became one from just simply asking for a little help.
As I stated elsewhere – I don’t want their mod, I want them barbecued – and not for my sake alone, but for those who have been wrongfully evicted who’ve trusted the bank to help them and were cheated by the weasels.
Hi All,
I just stumbled across this blog and have found some tremendously helpful information – thanks to everyone! I am in my 15th month of the “modification” process with BOA in California. That I haven’t suffered a stroke is a miracle in itself. At this point, I have been through every conceivable department, country and circumstance conceivable. I came up with a plan to do a partial reinstatement as I am afraid they will sell my house out from under me – but they won’t take the money and I can’t get anyone’s cooperation in telling me what I need to do to resolve this. In the meantime, they set sale dates for my home every month and I have to call and call and call in hopes that someone will back up the sale date while I hope to resolve this or get my “modification.” Even if I get the mod, I think BOA will still continue their manipulations, hence my desire to get out of the mess totally. I wrote to two reporters this morning in an attempt to draw some attention to this obviously wide-spread problem. It has been hell. I am looking for a class action lawsuit to join.
Shannon
Shannon …
You may not have noticed that you posted way back here in November. The current discussion is at …
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed
You may also want to read back a several pages from the current chat. There is a wealth of information discussed.
One thing you may discover is that a class action suit may not be your best course of action.
If all you want is your modification and you “sue” the bank, it’s highly likely they’ll drop your modification like a hot rock since a suit makes you a “litigant” … an adversary … and they don’t negotiate with adversaries.
You may want to FILE (not sue) against the bank to get them to perform their legally bound process, such as an emergency injunction or “motion to compel.”
… but suing will likely shut doors, not open them.
Learn the law and learn how to fight. No knowing is how we got here. Learning, knowing and acting on that knowledge is how we get out of it.
Do NOT depend exclusively on lawyers or law firms. That’s more of a sacrifice than you may be willing (or able) to give.
Io need a lawyer. Bank of America has done every thing to try to steal our house from us.
They were going to foreclose on my house last year but I was able to find the money to stop it. Problem is that there is no one that I can find that will go to court for me. I made all my payments even though some of them were late because I was out of work……I filed for the modification in Oct last year-got the run around and finally received letter stating that I was denied…
757-934-3343 home
When I said last year, I have to correct that–it was October 2009!!!
Debra …
The banks have NO interest in modifying. Modifications COST them money. Their interest is to feed their stockholders profit. That’s who they work for … stockholders … not you.
Your home is simply a reason to profit … nothing more.
Also, you’re posting back here in October where no one will read your post. For current posts see:
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/
You might like to view some points that could help your situation. I used to post them here, but they were taking up too much space, so now you can view my “First Day Orientation” and “18 Points for Getting Started” now posted at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
You might also like to read my “metaphorical” story about how this all came about at …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Learn to fight, and learn to fight HARD. Put the pressure on. Don’t give them and inch of space and FORCE them to behave under the law.
The following are two more items will be added to the 18 point list …
19 ) Although it’s controversial and you should check your State and local laws before hand, you can record your conversations with the bank WITHOUT telling them. When they say “This call may be monitored or recorded …” they have broken a basic principle of law called the “privacy covenant,” where phone calls have a basic expectation of privacy. Once they say that, you can record to your heart’s content. But again, some attorneys express caution, so check your State’s laws.
20 ) Research is showing that filing for Quiet Title can be tricky and possibly expensive, although not impossible. It’s my opinion that it’s going to be based on a LOT of research before you dive in. Apparently, the courts will be VERY careful to dot every “I” and cross every “T” and several people are suggesting a Quiet Title specialist attorney.
Of course, introduce “attorney” into it and you immediately add $$$. Make that a specialist and I’d imagine you’d easily double it.
That’s probably where the research plays a critical role … including ramming a RESPA/TILA letter down the banks’ throats, as well as hunting down actual paper records of your loan in your county/parish.
It’s not going to be as easy as “the bank did me wrong, so I want my house” and the judge saying “ok.” There’s going to have to be provable fraud or broken “chain of transfer” eliminating their right to your property.
Even before you approach an attorney, you’ll need to know these things AND have accessed the documentation to prove it, or you’re wasting your time. It’s far from impossible, and could even be highly likely given the MERS debacle … well, shall we call a fraud a fraud … but going the Quiet Title route is going to be work, work, work.
Actually, this is the page for May 2009.
Bank of American and Ocwen forclosed on my home in October 2010. Ocwen said they did not participate in the federal save the home program, even I could see it on their website. Although I am still in the home now but I know any day I will be put out.
Dale …
Sorry to complicate your life, but please read this entire post.
You can file an “Immediate Temporary Injunction” to stop a foreclosure, should the court grant it. I have a sample case (template) you can use to make the filing yourself. Please feel free to email me at donsweet@verizon.net.
Filing yourself is called “pro se” and anyone who can form coherent sentences and spell can file themselves. You aren’t required to be an attorney.
The injunction is only a “stop gap” to give you time to defend yourself. Following the granting of an injunction you’d need to gather up any and all information you can muster for an additional filing against them, but that filing would be up to your individual case based on what’s going on.
If you discover they don’t have your original paper mortgage note … NOT an easy task … you can file for “Quiet Title” … also NOT an easy task … which would give you your home free-and-clear since they no longer have the right to collect on the debt. Losing or destroying the original note NULLIFIES the contract you have with them … but it’s not so easy to prove … not impossible, but not easy.
If you discover that the bank is only the servicer and your note has been sold, likely bundled into “securities,” and the “Chain of Transfer” is broken, again you can file for Quiet Title. The Chain of Transfer is proof that all legal filings were made in your county/parish to register the new owner of your mortgage. If that wasn’t done, again they’ve lost the legal right to foreclose and collect. Only the LEGAL HOLDER of the actual paper note can foreclose.
If you discover that your foreclosure was “robo-signed,” or worse that the paperwork wasn’t signed by the person it claims to be (not even a lawyer, an officer of the court), again, they’ve broken their legal claim to your property.
The banks are literally banking money … chasing people into the street, homeless … with illegal foreclosures and falsified documents in order to see quick profit … and it’s nationwide and virtually all the banks.
ANYTHING you can dig up to show your home is being treated this way should be presented to a court … and ALL of these things can either give you bargaining power to actually get your modification or … with a hell of a lot of work and diligence … go all the way to getting you clear title to your home.
Remember this …
You can’t just complain and point fingers. You have to PROVE what they’re doing. You have to file against them in a court … and … one sad fact is that lawyers are running as fast as they can AWAY from the suggestion that they help us. We are being abandoned.
YOU have to learn how to fight this thing legally. YOU have to do their work. YOU have to contact your politicians, law enforcement and the governmental agencies that are responsible for monitoring and controlling the banks’ behavior and performance.
And you have to be relentless.
If you aren’t, the bank will take your home … period.
The simple fact of the matter is that we have sat by silently … literally oblivious and completely ignored what the banks are doing … AND … we are completely ignorant of the law, which this entire problem is based on … contract law.
They get away with this because they CAN get away with it, and it’s largely based on our silence and ignorance, while they employ THOUSANDS of lawyers.
The only way to counter-act those two things is to NOT be silent and NOT be ignorant.
You might like to view some points that could help your situation. I used to post them here, but they were taking up too much space, so now you can view my “First Day Orientation” and “18 Points for Getting Started” now posted at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
You might also like to read my “metaphorical” story about how this all came about at …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Learn to fight, and learn to fight HARD. Put the pressure on. Don’t give them and inch of space and FORCE them to behave under the law.
The following are two more items will be added to the 18 point list …
19 ) Although it’s controversial and you should check your State and local laws before hand, you can record your conversations with the bank WITHOUT telling them. When they say “This call may be monitored or recorded …” they have broken a basic principle of law called the “privacy covenant,” where phone calls have a basic expectation of privacy. Once they say that, you can record to your heart’s content. But again, some attorneys express caution, so check your State’s laws.
20 ) Research is showing that filing for Quiet Title can be tricky and possibly expensive, although not impossible. It’s my opinion that it’s going to be based on a LOT of research before you dive in. Apparently, the courts will be VERY careful to dot every “I” and cross every “T” and several people are suggesting a Quiet Title specialist attorney.
Of course, introduce “attorney” into it and you immediately add $$$. Make that a specialist and I’d imagine you’d easily double it.
That’s probably where the research plays a critical role … including ramming a RESPA/TILA letter down the banks’ throats, as well as hunting down actual paper records of your loan in your county/parish.
It’s not going to be as easy as “the bank did me wrong, so I want my house” and the judge saying “ok.” There’s going to have to be provable fraud or broken “chain of transfer” eliminating their right to your property.
Even before you approach an attorney, you’ll need to know these things AND have accessed the documentation to prove it, or you’re wasting your time. It’s far from impossible, and could even be highly likely given the MERS debacle … well, shall we call a fraud a fraud … but going the Quiet Title route is going to be work, work, work.
Dale …
Also … you’ve posted way back here in July.
For current posts and conversation, please see the more current pages at …
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/
Sorry … it’s MAY !
after reading the comments, i see that i’m not the only one in this. i would be willing to add my name to a class action. please all serious Va contacts.
313.288.9648
is there a suit for VA I am very interested in joining!!! You can email me at noaniemae@yahoo.com
Yes,
I am in the process of sending some documents to congresman Whitman per his request, they want to know how the banks are handeling the Modifications.
I am interested in joining a class action suit against BOA.
is there a suit for VA I am very interested in joining!!! You can email me at noaniemae@yahoo.com
Are you still looking to join a suit in VA against BofA?
Just found out after 29 MONTHS we will NOT be getting a mod.
Tami …
I don’t know whether you noticed or not, but you’ve posted your question way back here in May of 2010.
The current conversation is at …
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/
To better understand this site and the situation, please start there and read BACKWARDS … yes, backwards in the pages … that’s how this site has been set up.
Simply click on “Previous Comments” in light blue at the top or bottom of this column.
I have several posts on those more recent pages that may help, as well as others that have posted. There ARE things you can do and a link to a list of items is in those posts.
I have a fairly important new post on the second-to-last page near the bottom that starts with “Let me retype a portion …”
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/comment-page-34/#comments
Yes a law suit
pls some one call me if class action is in nc or national ,they eneterd ny house befoe date of for closure removed belongings 704-674-7279 back in oct and dec befor closure date
Please let me know if a suit from North Carolina homeowners is in the works – I need help dealing with BAC and their bunch of liars.
I am in NC and would love to find an attorney to rep me against BOA. I have multiple properties with them…..imagine. I am all for a class action!
I’m also interested in finding an lawyer that is not afraid to go up against Bank of Americas. I am in Charlotte, NC
I previously was a Taylor, Bean & Whitaker customer and when the federal gov. shut them down, my mortgage went to Bank of America. What a nightmare? No payment records, no nothing!!!! My home has been in foreclosure twice and still is because they cannot get it right. I have fought with them 50 times over the phone, on hold for hours at a time. Every person I spoke to told me something different. Apparently some of the funds I sent to T,B & W are in a FDIC gov. acct. waiting for release by a Ferderal Court Judge. Why is this my fault?? Where is the bail out money to help us until this situation is resolved in Federal Court? I also have been turned down for modification 1st being approved then never given any options and immediately put into foreclusore because BOA does not have records. This should be illegal! Only reason I was trying to get modified because BOA would not work with me on the payment history from T,B & W. I had to resort to this. In the meanwhile our credit is getting demolished and there is nothing we can do about it. I would also like to be enlisted in the Class Action suit. Please send info..
Did anyone get back with you on this matter because I am in the same situation with BOA saying a payment is missing when I have provided proof of every payment made and all on time. It was the last payment made to Taylor bean in aug they are saying we owe. Plus a crap load of fees and uped our payment. Please tell me someone told you what you could do????? Email me at miadalsanchez@Att.net.
I live in Alabama. And I had my mortgage through T,B,&W and BOA is screwing me up ROYALLY. Has there been a class action suit filed yet that you know of?
Thanks!
hi again have spoken with a few people and they help kenny i emailed u..can any one call me a direct me to probono lawyer for this…704-674-7279 they took house and lied about help from obama plan…go figure…fudciary was not followed no notice of nothing broken house realtor did and took stuff…no evict notice….no sheriiff i was out of town working…changed locks and went in by boa noitcde said house was abandoned…
hi any one got any info
Wow, this is so unbelieveable that a huge company/corporation is getting away with all of this. All your stories are mirror images of what I went through with BOA for 14 months only to be told NO because my mortgage was too far behind! You have got to be kidding me! It is behind because those asswipes dragged their feet. I am in Illinois, and am currently flooding evey attorney I can find online to take my case. I will not let this one rest. There is a web site that lists all the top class action lawsuits. It is called topclassactions.com. It is time we fight back.
Beverly…I just found this site…I have same story as all above in posts. I live in nw suburb of Chicago….did you find any info with any attorney?…I am frantic, mad beyond, and fighting also. This is just unbelievable after 13 months into this. Appreciate any info. Thank you.
I am also from the NW Chicago suburbs. I started my trial modification in Aug 2009, was told in Dec. 2009 that I was in underwriting for a permanent modification. On March 30 2010, I received a letter in FedEx saying that I am now approved for the permanent mod and instructed me to wait for the papers to sign. However, it is now Oct, and when I call to complain they ask for a new round of documentation. Some even say that I am only on trial mods and that “Since we are the biggest mortgage servicer in the country, it is taking longer than normal…”
Has anyone found a an attorney to represent the Illinois homeowners yet? I too have been emailing attorneys who have website links towards the HAMP mess.
Michael, Did you find a lawyer in IL to help you. It is funny how all of these other states have filed suit, but IL.. I have been trying to work with BOA since Feb of 2009.. Something has to be done….. IF you have found a lawyer to help you, please share, if they get enough in IL, maybe a lawsuit will be started for us as well. angela.iswekowa@yahoo.com
Please add me on the class action law suit, i’ve been trying to get modified with bank of america since May 2008. I was in a interest only loan. I was told that it was not enough income in my household to accomodate the modification. I explained to them in the hardship letter along with other financial documents. They would get info from me, then tells me i am NOT qualified. I have been in my home 14 years. My spouse lost his job, and he is a disabled veteran. bank of america told me to go to family and friends to get the money. I have been a honest home owner and had never been late on my mortagage until i realize i was in a dead beat loan interest only., they lied and told me that i was paying into principal and escrow, in which i was not, I tried to get modified 5 times with bank of america, and was turned down. Now i am renting a apartment, and I would like to be in this class action law suit against bank of america, for suffering, and losing my home, and not being able to get the help that the President has requested from the banks, instead bank of america got the bail out money then turned their back on homeowners. The bank of america representatives, do not do anything to help homeowners, and I insists to be part of this law suit.
President Obama indeed gave these banks all of that bailout money The provision was that they make home modifications available to people like us who need this help however Guess what guys? There was never anything that stated boa or anyone else had to follow through with them. Obama in essence gave all of these crooks the right to set us up so to speak. It took them 9 months of my modified pmnt to decline me i got the decline letter the letter saying they were reviewing the paper work from the underwriters and the notice of intent to accellerate all in the same day. good luck to all who try to modify but they have no minimum requirements to fulfill or nothing so we get to hand them our houses.
Wrong President!
How can I get in the class action suit? Boa has had me going n 14 trial payments which was supposed to be 3. They have ignored all my letters and emails and cannot get any answers when I have called 5-6 times. We don’t know if they are going to take our home or not but we need someones help. If anyone has any information. I would be so grateful!! Thank You.
u really need to call them and ask them what ur payments r going towards…bcuz we qualified w/ our last mortgage company made 6 trial payments(never recieved final packet, was supposed to after the 3rd trial payment,also called several times and they said we were approve just backed up on ppr work, we should get it soon), BAC took over the loan in feb2010 , we’ve been making that payment in the same amount we were paying the old company and now BAC will not take the payment bcuz they r saying we r too far behind and what we have been paying was going toward our balance owed and nothing more…now they will not accept any payment unless it is in full thru western union…might i add they want over 31,000.00….becuz nothing was ever finalized and they never had us in the making homes affordable program!! today we called again and of course they won’t connect u to the last person u talked to even though u have the name and ext# and still refused to take a payment and said call back next week, they will know more
hi spoke with a couple of people here same all over,boa knew when they bought country wide bad loans that this would domino ..but regualr guys got caught up in it had decent loans already not som ehting they could not afford.they KNEW..that either they would profit from sales or insurance would pay off loans by gov. or private insurance…a class action would be drop in bucket to pay off to screwed forclosed on customers..sew for pain and mental stress also my ph is 704-674-7279
Wonder why no attorneys leave some kind of ‘reply”?
My guess is because attorneys have an ethical code that prevents direct solicitation of services, and attorneys also should not be giving general legal advice over the internet.
people this class actions have to be done by state…call us attorney general office and complain ,call white house…pls call me if in nc or where ever 704-674-7279 and if you are lawyer call me also…call local news stations with consumer hotline…….boa is trying to keep out of press.. i ahev heard from many….acceppt no pay offs b
y them
Hi, I am in NC. and would love to get in on the class action lawsuit. Do you kno if one has started yet?
Our home loan was through Taylor, Bean & Whitaker and we have always paid our house payment on time every month. We recieved a letter in July of 09 that Bank of America would be taking our loan over. The first month ( September) that BAC took it over we recieved a notice that our loan was a month behind! I called immediatly and was told we had nothing to worry about it was a problem with everyone who had a loan with TB&W. That was somewhat true, But we had something to worry about. A few months go by and we ignore the letters until we get a threat of Foreclosure. I called again and was told the same thing again! The next letter demanded payment or HUD would take the property. Now it was saying we were 3 months behind! After talking to one smart person at BAC we found out that they haven’t recieved anyone’s August payment because TB&W’s assets were frozen! How is that our fault, and if you know what the problem is then why are we in Foreclosure and all the late fees have added up to 3 months of mortgage payments? I can’t begin to tell you the stress this has added when you have a family of six and feel like your home is about to be taken, and there isn’t anything you can do, and it’s not your fault! We would like to be in on this Class action Suit if it ever happens. Please email and let me know. JFGough07@att.net.
There’s going to be a REVOLUTION and it’s going to have to start with us homeowners .For the majority of us we did not get behind on our mortgage because we did not want to work , we lost our jobs because the banks that were holding our mortgages had insured all of our mortgages because they know that the economy was going to crash which was the start of the recession . So every house that they can foreclose on they get paid the full value for the house . And with the guidelines that our GOVERNMENT gave them to go by has so many escape clauses in it . These clauses allows the banks to do what their doing to us . Surveys taken show that Less than 10% of the people that go into forecloser are being helped . The other 90% are deemed as the sacrafiscial lambs of the fallout of the HOME SAVE PROGRAM inwhich our GOVERNMENT set the guidelines for which the banks had to abide by . To me our GOVERNMENT is allowing the banks to get away with HOMEOWNER GENACIDE .And they think that just becuase they sign a piece of paper that that fixed our proplem . Millions of people our going to lose their homes within the next three years . Our government has turned it’s back on us . The only way that we are going to get Justice and make those bastards pay for the condition that they have left honest hard working AMERICANS in and our COUNTRY in . Is that we have to join the class actipn lawsuit .Keep it simple work within the region that you live in . Get with the people that live in the city where you live at and get together and hire an attorney to represent that city and surrounding areas in the hearing . That’s how we have to do this . We don’t have much time the hearing within the next month or so . I live in Charlotte NC if anyone lives in this area we need to get our heads together and find us a good attorney . My e-mail address is krlaw@carolina.rr.com looking forward to getting this thing started . Our government isn’t going to stop them WE HAVE TO . Get back with me interested in your feedback
Anyone interested in filing a class action lawsuit against BofA in California? I am not sure if there is one already. Please advise. I am also going through the same situation as many of you. I will be loosing my home very soon. I will like to take some action tough. My email address is: sofiawilliams@cox.net
yeah Im in Claif. and I have been fighting Bof A for over three years. 3 houses they didnt add the occuring interest when they fixed my lines of credit. Causing a snowball effect. “a simple bank error” RIGHT!!!! They have distroyed my credit plus my life and 3 years of hell.
209-241-9677
deanna
Look Bank of America needs to give us the customers an anwer. They told me a three month trial period, so I’ve made the three months plus one “no anwer”. Now what I’m I to do, keep making the modified payment as I’ve been advised by Bank of America, or the inflated one. I don’t want to give my home to BAC, I’ve worked hard like others just to keep the big CEO in comfort, I’m not asking for a hand out just an anwer. I feel we need to take action and put this on CNN
hi they just loaned greece a trillion dollars…..aww boy they wont even help us like they said..loll are there any attorneys to help us….if u knwo what going on call me 704-674-7279
go to whitehouse.gov and leave them a msg rt hand corner say cotact us and click
we were approched by american-mortgage and incouraged to drop the lender we were working with to refince our home loan to reduce our intrest rate they assured us that they could give us a much better rate and we proceded to go forward with the 2 months turned to 3 then to 4 and they assured us that they were simply trying to get us the best rate possible. after apprasles and call after call on our part the story just keep changing. by this time we had lost the apprasile money to the lender that we had beeen working with . every person we spoke to just assured us it was just a matter of time . then we no longer could get anyone to return our calls I’m not sure if this problem is one that many of you are faceing but we would like any information that might be helpful in refinanceing and droping our intrest rate we like many I’m sure
have had our home value plumet so selling is not an opption and we are just
hanging on as my husband was forced into retirement when the company he had worked for 29 years was bought out and at 61 year’s of age he was not considered for rehire and lost part of his pention . any suggestions or resources that may be avalable would be greatly apprecated.
email dutch@wavecable.com Good luck to you all .
I would like for someone to contact me in reference to this above. My mother has been trying to modify her loan since 2005, when my father passed. At one point, she had even offered to send in $30K to lower the principal so the payments would be lowered. In 2009 she was unable to afford to keep making the payments. In July 2009 BOA filed foreclosure. She was then put on a 3 month payment plan, she made 4 payments, one extra in good faith. BOA never sent her any paperwork to finalize the modification. During the last 6-7 months, we have submitted all the required docs for the modification, once a month. She finally received the loan modification papers and they said she was not approved for the modification (FIXED RATE) because documents were MISSING, BUT she was approved for the other modification (ADJUSTABLE RATE). How can she be approved for one but not the other? Simple, they want to squeeze all your money out and then leave you hanging. So, my mom decided to sign the modification anyways. She sent in the paperwork along with the money order. WELL GUESS WHAT, they returned the paperwork stating that the signature didnt match.. HELLO, this is an Estate… of course my deceased father cannot sign the paperwork. BUT they did however keep the money. The letter said to contact them to resubmit for a NEW loan modification!.. Well, Im going to Amscot right now to put a stop payment on the money order, i checked and it has not been cashed. MAYBE that will get their attention. Ill update when i find out more
Hi. Please update us on what, if anything happened. How is the status of your loan? Thanks.
I was wondering if there are any class action suits against bank of america that have been filed in tennessee. if so , who do I contactto get on as a plaintiff? THANK YOU JIM SCEARCE
Please someone email me if their is a class action suits agaist BOA in california a_fregoso52@yahoo.com
Hey everyone, good news. I am working with an attorney in Ohio and he is awesome and very passionate about helping people in need that have been screwed over by BOA. He would like to put together a class action lawsuit but would need you to contact him. His information is below, he would rather you call then e-mail but either is fine. Doesn’t matter what state you are in, contact him.
John Alton
800-591-8870
office: (614)221-6751 ext:1
e-mail: jalton@alton-barclay.com
website: http://www.johnalton.com
Thanks!!!
I called this atty. on 5/26/2010 left an message, still no return call from him. so is he just talking or what? American people need help now! not just in your State but here in Georgia too! email me on why this atty. you say will help, but he does not return calls.
I would like to know of a class action lawsuit against BOA, concerning anyone, including myself, trying to deal with the problems that BOA is giving all who have had a Mortgage with Taylor, Bean & Whitaker.
August 2009 I started getting harassing phone calls (from BOA), unknown to me at that time, because they would not say who they were from after asking each time. The last call I got I told the guy, you have already have all my personal information, you send it to me and state who you work for. That was when it all started. I didn’t receive a note of any kind from either Bank of America or Taylor, Bean & Whitaker, stating that my mortgage was being bought, sold, transferred or other. Which by Law they are suppose to notify me within a certain amount of time. I had already sent my August Payment to T,B&W on August 3rd 2009. Come August 21st 2009, I finally receive a letter from BOA stating that my mortgage is late one month. After that, all heck broke loose. From that day forward they would not correct the problem, even stating that they found the payment that I made to T,B&W, but? There is always that “BUTT”! Now they want to accelrate my loan and go into foreclosure on June 5th 2010. I live in Myrtle Creek Oregon, I have been in this house since 1996 and now BOA wants to foreclose on me? I NEED HELP REALLY BAD! I am permanently disabled, broke my neck and back on the job. If there is someone out there that can help, PLEASE!
I NEED THE RIGHT CLASS ACTION LAW SUIT AGAINST BANK OF AMERICA. SINCE THE FBI HAS CLOSED DOWN T,B&W AND THERE ASSOCIATED BANK , I AM AT LOSE. JAN
Sir, contact this atty. at 1-800-591-8870 and his email is jalton@alton-barkclay.com and his website is jonalton.com and his office no: 614-2216751 I’d received this information from the post on this site. I have place a call to a Georgia Atty. who gave me numbers for my state I wish you the best and each and everyone of you, BOA has had me in review since last May also, I paid to stop foreclosure in Dec. 2009 and then BOA denied me again in May 2010, I raised HELL at them over the phone and now they reopen my fill that’s Bullshit, they are just trying to raise up my mortgage, so if they do, I’ll put their damn ass’s in chapter 13 and see if the get $1,192.69 a month I be damn.
I also have been dealing with the same exact issue with BOA! I was also with Taylor Bean before they went belly up. I have been fighting with BOA since January 2009. I have been working with a housing counseling agency in Springfield, OR. BOA sent me modification paperwork a week ago and I sent it back. My house is due to sell Aug. 2nd, 2010. Who knows what will happen. BOA keeps denying my requests to modify, go figure! I owe way more then what my house is worth. If you hear anything about getting help about BOA fill me in! beach_baja@yahoo.com
Hi folks! I need to learn of a “class” or law firm in Virginia
If I had realized there was no hope a year ago, fine, but he mental anguish over this past year, sufferered due the incompetence and shell games at BA, has taken years off of my life.
For those of you asking about an attorney, look at Larae’s post(several above this one), she has found an attorney in Ohio but he will take you from ANY state—-you don’t have to have one in your state. She posted his info on her post.
. I bought a house in My of 2009. The loan was originally through Franklin American Mortgage. Bank of America bought the loan in October of 2009. In December of 2009 I was contacted by Bank of America about a loan modification or the Making Home Affordable program. I was late with some payments due to my partner getting laid off at his job.
Mitzy Young a loan modification specialist at Bank of America ,told me to send in my bank statements , paycheck stubs and so forth in order to qualify for my modification. I did so. In January just as they asked, and behold I got the paper work for the modification. The payment was lowered and the first payment wasn’t due until February 1 2010. I notarized the paper work and sent them a check. I followed up with them a week later to find out , I had to send certified funds ,not a personal check for the payment, so I did that. Two weeks later I get a letter along with a foreclosure letter saying my modification was sent out in error and it was not valid. After that I tried to qualify for a modification through them again and was denied. I have talked to attorney’s in the area , they say I have a lawsuit against bank Of America.
I started to research complaints against the mortgage companies , as far as modifications go and mine along with about ten thousand others is nothing other then fraudulence on Bank Of America’s part. I have every single bit of paperwork to support what I am saying. If you Google loan mod fraud you get hundreds of thousand of complaints. Something needs to be done and working people need to have a voice.
just say fu… itput gun to head pull trigger..lol these bastrads will never pay…have friends at boa they told me what was up..take your house and keep money.they knew they woudl make money…oh obama pls help us and lie to me more….gd shit eatimg mf s help meee i am melting
OK EVERYONE!!!! This class action lawsuit is not about getting your home loan with BOA and trying to change it or modify it. It is about those who had there loan with Taylor, Bean & Whitaker and had it bought out due to TB&W going under. Assets were frozen by the government and therefore it is showing all the homowners behind on their mortgage with BOA. BOA is trying to foreclose on us homeowners even though its not our fault. Everyone’s August 2009’s payment is tied up in a government account and is trying to be released in court. If you are looking to sue BOA because of a different reason then we are sorry, but that isn’t what this Class action is about. So stop leaving un-related stories unless you were a TB&W client who is going through this.
John, I think it is pretty selfish of you to think this site is strictly for you and the Tayl;or Bean people. It is for anyone that feels they can relate and anyone who has a loan through BOA is entitled. Actually even if they dont, this is america afterall. Why would you lower your standards if you have any and call the guy a douche?? Thats pretty nasty. I too am in trouble and I have hired a lawyer already but not for a class action suit but to trydoing a short sale because after 15 months of trying to get BOA to budge and to approve my modification, I surrender. I thought this site was very helpful at first but then when you turned it into a nasty back and forth. Are you an adult?? C’mon now we are all in trouble and we are all in need of help. What makes you so special that you can turn this site into a Johns problem site??? I am a woman who is very stubborn and I fought hard to try saving my home, but its a scam, a scandal, and later down the road I think BOA may pay the price but it would take years nd I dont have years to sit and worry in my home if they are going to take it or not so I am choosing to get out. I wrote the congress, I wrote the senators, I have hired Modification companies only to find they were ripoffs too and I did fight and got all my money back but now I have a good attorney and the problem with the class action here in Nevada is the lawyer is charging $5,000.00 to sign up. If I had 5000 lying around, I probably wouldnt need to almost be losing my home now would I? I never heard of a class action costing money and thats why I didnt sign up. I called the guy, he wanted to help and he said he would not stop until BOA pays the price and frees alot of people from this mess but I am not paying someone 5000 with no guarantees. Please keep it nice here would ya? We are struggling Americans and we are all pretty desperate and some are depressed and suffer from anxiety, we dont need guys like you making it worse for folks. Youa re pretty harsh guy, huh?? Do you own this site? Did you start it? Whats with all the hostility. Taylor folks are not the ONLY ones in trouble here….DId you know that?? As for knocking the guys spelling, I type so fast, I mess up alot too, so please dont call me any names if I have a few type-o’s ok?? Actually, I really dont give a dam because I obviously wouldnt want to talk with you anyhow with just seeing how you treat people. Have a nice day.
John you need to stop making comments about what your bank did, BOA is in an class action suite for the tarp- funding, they knew what the hell they were doing, you are being a jack-a and that’s not fair nor right for you to try to block other people’s thought’s, so if your mortgage is fine, get off this site and let us people do what we have to do. get a life and God Bless you!
who are u john gough do u own this site
deleon watson??? Really??? what have you done on the website other than sound like a douche. You don’t spell anything right and you don’t make since with all your wierd comments. Find something to do with your life! Some of us actually have an education and are trying to solve real life problems.
It is clear that you need a refund from the instituion of higher learning which made you an uneducated fool. Reread your post and look for the error. It is there for all to see. Those who live in glass houses…
Also, of note, the BOA class action cases and violations that have taken place pertain to “any” mortgagee of BOA.
John,
It seems to me this site is about getting BOA to modify your home loan—not just for customers of Taylor, Bean and Whitacre. Here is how the web site starts and please notice it does NOT even mention the business you are talking about. This is not about someone making rules for the site, it is about helping others while helping yourself with the BOA problem.
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.
This is the most concise, communication I have seen on this “site”> AND…seems to have the most credible reason for a lawsuit in that the TARP money was to help the Banks in order to help the owners of “their” Mortgages. (Note that BAC Home Loans Servicing is a seperate entity conveniently created to seperate “sub-prime” loans made by Countrywide, which “they” “bought”). Their insistence on paying the money back as soon as possible just further illustrates the greed behind all of this. BofA’s lack of consideration, and callousness to THEIR customers, (which I had no desire to become), is a travesty. If I’m off on any part of this….please let me know. Bill McAuliffe (lahabrabill@roadrunner.com) 562-697-5523
Your right girl, tell John like it is. I have read and research this problem also and advised by Atty’s here in Georiga that is right and correct. You go girl. I have been in modification for a year to make my home affordable due to job cutting back on hours, John don’t know what he is talking about. us American people are being DOGGED OUT!
John…. Joy is correct, this website is about BOA not following through on modifications. I’m not saying that your issues are not warranted, we ALL have one thing in common, the fact that BOA is giving us their A– to kiss. So Lets not start fighting among each other. The comment you made about Deleon was not nice. we all mis-spell words once in awhile. You don’t have to be a Harvard grad to enter a comment , we ALL have a voice that should be heard. I say lets stick to the issues at hand….trying to find away to bring down BOA….
I have contacted at least 25 class action attorney’s. Only one replied, and after I explained my situation, which is like everyone’s here, he never replied again. I think these lawyers may be a bit intimidated by BOA. Thoughts??
well john if u read back you will see i have helped more than your sorry ass….
to everyone who thinks they know what is going on….goodluck! To the other people who actually have a case..(AKA TB&W Vs BOA people)
I have found a lawyer willing to take on the class action suit concerning the real problems people are having with TB&W Vs BOA Vs Homeowners. If you would like the information please email me at JFGough07@att.net. Deleon…grow up. Nothing you have said has helped anyone. And to everyone trying to sue for loan modifications…goodluck because if you will read up you would know why lawyers are ignoring that case. There is no way to prove anything against BOA in that matter. NOW go read about the problems with TB&W and BOA. That is a cut and dry case and that is why we have attorneys writing us back. I hate that everyone is going through these problems and I hope the best for everyone! Most likely you just got into a bad loan and you need to refinance or rent. Good luck to all you folks. TB&W people email me and I’ll give ya what you need.
bet your ass is in the street by now,
My thoughts of BOA is nasty and they lied to me also, BOA pre- quialified me also for making home affordable in October of 2009, then kept my file floating around the Bank until May 17,2010 I raised so much hell and also paid a private person to stop my foreclosure December 1, 2009, they stop the foreclosure and then re-open my file, now their are playing games, we American people need to stick together and file a Class Action Lawsuite here in Georiga, so many hard working citizens are losing their homes do to this.
Im still trying to find someone that will talk to me about this in SC, but have had no luck. Keep calling BOA and they keep telling me that I have nothing on file, its bs.
We contacted BofA last October telling them that we anticipated loss of income due to my job going away. My wife had been unemployed 9 months last year and finally got a job in November at 2/3rd the pay that she had been receiving. We submitted all of the paper work for the Making Home Affordable Program via certified mail and fax. BofA turned our mortage over to BAC Home Mortgage two weeks after we contacted them and told them that we were about to be in trouble.
We were current all of this time on our house payment, never late once in 4 years. We contacted BAC after BofA turned us over to them and they had none of our paper work. We submitted it to BAC in November. We contacted BAC all of December and in January to see if we could get help and they said that they never received the paperwork we sent. I have the certified receipt that they did and the fax confirmation.
I lost my job December 21 2009. We made the January payment, I didnt start receiving unemployment untill February. We were already drained from last year with my wife being out of work for so long. I called all of January and faxed in the documents again. February BofA tried to take our hose payment out of our savings account instead of our checking, their mistake. We did not have the funds in savings. I called them immediately when I found out that the payment didnt come out and the man I spoke to called me idiot and blamed the mistake on me. The bank miss typed our account number, our checking and savings accounts were two number apart. The error was not our fault.
After talking with a BofA branch manager about our situation and what had just happened she told me that the only way that we would get any help was to stop making payments. Only people that were behind on their loans are getting help she said. So I didnt make the February payment and continued to call and ask for help. I again sent the documents that I was told to send. I waited a month, absolutely no response form BAC. Went into the BofA branch again and they no longer had a record that we ever even had a mortgae with them.
I called BAC again and again and they finally sent a packet for us to submit documents in. We retuned everything, perfectly filled out, to them via the FedEx envelope they included and via fax. I called them every week through the end of March and they kept saying that they never received them. I submitted it all again two more times via fax and certified mail. They refused to accept the certified mail that I sent and I received it back. It is now almost June, they fianlly say that they received the documents but we have yet to receive any corrispondence from them. They say that we are being reviewed but there is not “Negotiator assigned”. They could not tell me when that would happen or how long the process will take. In the mean time……
We have not even received a “your late on your house payment letter”. I have received NOTHING at all from BAC. I found out on May 5th through me calling them every week that they went ahead and foreclosed on our house. I received a letter from an attorney stateing that our house would be sold on July 6th the next day after I found out that they had foreclosed. The letter was dated 4 days prior to BAC forclosing on our house. We never received anything letting us know that they were even considering foreclosing and we still to this day have not received a your late letter or anything in writing that they foreclosed.
I got a call from our PMI insurance company day before yesterday. BAC told them that we were only a couple of months past due. The lady was shocked that they had foreclosed and that they were selling our house. She said that BofA was doing this because they were going to get paid the full amount for the house no matter what becuse they were going after mortage insured houses immediately. All the while giving us the run around and the smke and mirrors.
We submitted all of the same paper work to the Mortgage Insurance company and they are going directly to BofA and requesting that the cease the sale of our home.
I told my wife last February, BofA could care less if we keep our house. No matter what it sells for they are still getting paid. Why would they be eager to modify our loan when they can just get their money now, in full?
Will see if the PMI Company can stop them next week. If not I am going to a county Judge and getting the Law involved.
You make a good point. But, there might be a bigger issue than just predatory lending or individual hardships relating to the mortgage modification issue. The lender is definitely wrong but don’t stop there.
Consider that the problem may actually be larger and involve more people and be a form of criminal activity involving “property fraud” wherein multiple people (i.e., lenders, investors, brokers, etc.) are getting paid off to originate and even foreclose on modifiable mortgages because their “payoff” is financially better thru a foreclosure when the bank can show a so-called “loss” to themselves on their own books.
At this point, legal help is essential and a consumer rights [or even a civil rights] attorney would be a more logical first choice and then a follow-up by filing a written complaint to HUD [Office of Fraud Investigation], the President, bank leaders, plus state and/or federal Attorney generals as well as the banking commission which regulated the banking industry. We have to begin at the local level and then it will be easier for a legal defense to be waged successfully – first at local levels, then at district levels, and eventually at the federal level in the court system.
It is also be a GREAT idea to get the media involved and see if local news organizations (newspaper and/or TV) would do an investigative segment on this type of organized crime activity which is robbing people of their homes.
Unfortunately, a class action suit would mostly apply to people who have already lost their homes. Those of us still fighting to hold onto ours will need to find litigation lawyers not afraid to go up against a large banking corporation. Check phone books in your area or your local Lawyer Bar Association for names of attorneys specializing in consumer law litigation or even Civil Rights violations – and if you are a senior citizen, also check with AARP for their assistance as well.
Persistence will see us thru — this is a classic story like that of David and Goliath…. We can beat the so-called ‘giant’ banking machine if we just stay focused on the problem! I have been in this fight for the past two years and believe I will prevail and want to help others do the same by sharing my ideas in forums such as this.
Be blessed and let’s stay positive!
clcs
Just for the record I am not trying to get anyone to modify my home loan in any way shape or form. BOA sold my house yesterday. If I am posting on the wrong blog I apologize. After this post I wont any longer make posts on this blog. Just for every ones information you can Google class actions lawyers and most of the time they are near your area. I went to see mine today , the lawyer didn’t hesitate in taking the case. Keep your chin up people, I have a feeling before its over with BOA is going to be made to change their tune !
In June 2009, My wife and I were interested in the Making Homes Affordable Program offered by BOA—who took over our mortgage from Countrywide, Inc. We contacted the BOA office in (because:”We’re here to help you.”), and got the run around on that program, essentially a loan modification program, but were told that we would have to apply for the Special Forbearance Program first.
I am a full-time caretaker for my wife, whose health has deteriorated, and medical bills just kept getting higher, even though we have one of those “Cadillac” health insurance programs. we also had had major expenses on HVAC failure, so things were about to implode. we had to do something.
We began the process, provided the required paperwork, and waited to hear further contact. The representative had our home phone, FAX, and cell phone numbers. At the end of the month, we had to travel out of state for a few days. When we returned, we had three messages from BOA (two on the home phone and one on the FAX/answeering machine) asking for more information. I called back, and was told that we were dropped for failure to respond to requests for further information! I never got any calls on the cell!
We decided to try it again, and this time we were accepted into the forbearance program. We were leery to say the least, since the program allows one to “miss” three payments to provide some financial relief—but then one has to pay back those three months of missed payments in a lump sum, not roll the missed payments into the loan, so we were told. It made no sense, but we did enter the program, hoping to get approved eventually for the Making Homes Affordable Program.
We still made the payments (and on time) under the forbearance program because something just did not add up. I did some researching online and found too many horror stories about special forbearance options and how mortgage payments actually increased, and people were forced into quick sales. Glad I did that.
In November 2009, we received notification that we were approved for the Making Homes Affordable Program—-a big $75.00 reduction of our $2000/month mortgage payment! I was told that the reduction amount could be more after our case was fully reviewed. We began a four month trial period with a reduced payment. The trial period ran from November 2009 through February 2010.
In January 2010, we received a FEDEX package requesting more documentation (Well, the same documentation I had already sent at the beginning). I provided it, and called to insure that it had been received. I received confirmation that it had been received and that everything was current and up to date, in fact the package was in underwriting.
After making the final trial payment in February 2010, I called to inquire as to the next step. I was told that everything was in order, all the paperwork was there, and underwriting had the package. It would take 60 days to finalize, verify occupancy, etc. At that time, i was told to continue making the reduced mortgage payment (Remember, a $75.00 reduction!). I did continue making the payments and on time.
On 1 March 2010, we verified the status of the package, again. We were told that the package was complete as of 26 February 2010. But then, for some reason, we were directed through three other offices, and told that the package was complete, but was “in processing”. To what degree of “in processing” we could not get an answer. In other words, the right hand did not know what the left was doing.
At the end of March 2010 we received another package. It was the same type of welcome package I had received back in November 2009. Essentially, I was beginning the process all over again! I had to resubmit everything! I called, questioned why I was being asked to start the process all over, and was told that it probably was a duplicate copy, but to send in the information anyway. Yes, my package was still in processing. I sent everything again, even more than was required. The package was received by BOA on 21 April 2010; I tracked the package. It was due NLT 24 April 2010.
I called to check on the status on 24 April 2010, and was told that it had been received, was complete, and was being processed. I was instructed to keep paying the reduced mortgage payment amount.
On May 23, 2010, we received a FEDEX letter from BOA stating that we were not eligible for the Making Homes Affordable Program. The reason: “Your loan is not eligible for the Making Homes Affordable Program because you did not provide us with the documents we requested. A notice which listed the specific documents we needed and the time frame required to provide them was sent to you more than 30 days ago. We may also have sent you additional notices about missing or incomplete documents.”
Obviously, they don’t have their act together. There never was a main point of contact for my loan modification, and I always received the excuse, that so many modifications are being processed that sometimes items get lost or sent to the wrong office.
I certainly hope HUD is more competent in handling my complaint against BOA.
Latest update: It gets stranger. I contacted BOA on the 26th, and was told that the denial letter was sent out IN ERROR! It should not have been sent out to me. My “case” was being reviewed—again. Yesterday (1 June 2010), I received a FEDEX from BOA stating that I had been approved for a home modification. Yeah, they increased my original loan amount by nearly $5,400 because of “delinquent interest” from 1 March through 1 July 2010! I checked my transaction history, and interest was accounted for every month—-and how can they count delinquent interest for a month that hasn’t even occurred??!! Why, of course I called them. I was told that the trial payments were incomplete payments, so they went into a “partial account”, and didn’t count as a payment, so the interest was counted as delinquent, and was, thus, added to the loan modification as funds owed—-even though I had paid it. The young lady could not explain why it was delinquent or what would happen to the funds I had paid as a partial payment. Essentially I paid $5,400 in interest, that they kept, and I’m being charged on the outside for it. The negotiator, Abdul Kahn will call me today to discuss it. Essentially, they are offering me a 5.875% loan (fixed rate for 30 years), increased my loan balance by $5,400 (on which I”ll pay interest for the next 30 years), and the loan modification savings: $7.90 less than what I was originally paying (Yes, seven dollars and ninety cents!!) for my loan. Yep, this is the Making Homes Affordable Program. And they are giving me ten days to return the signed papers. I’m in Virginia, by the way, but BOA is pulling this same scam all over the country, it seems.
read up john ,this is about forclosed ……you will see the forclosed attorney before it is done ….BOA….purchased these loans for this reason form your lender and country wide,to make money all of this was fraudulent
This is most likely a crazy thought, but if you listen to Glenn Beck enough, it’s enough of an idea to at least pause and contemplate. What if this is the beginning of the end of Private Ownership of land for all Americans?
This message is for Teresa…We also hired a modification company, that ripped us off. Please contact me at my email address, I would like to know what and how you went about getting your money back.
wanda.lymon-roach@pb.com
This message is for Shawn….Sorry to hear your home was sold. Please don’t stop blogging on this website. We need to talk with people who are going through, eventually some of us will secom to what’s just happened to you. So keep blogging so that we can get feed back of what happens next in your process with the lawyers…
some said google class actions in state you live but alot of spam stuff…..anyone got ideas nc had nothing
We tried for a year to obtain a loan mod. First they said we didn’t qualify, then they said they were looking for a program for us. Finally we received a call from BofA to send our 2 yrs worth of docs, and recent pay stubs. We did, we called daily to see if they needed anything on our 4th day we were told our case was closed and we had a sale date. We tried to find out why and were never told. We came up with the arrearages, which wiped us out. A negotiator never called to talk to us and work out anything. This is so unfair.
Im currently living in Greensboro, NC and have been having a horrific time with BOA with my modification. If anyone is aware if there is a class action lawsuit in the NC area please send me the information via email @ shelldunc1@aol.com and in the subject line type class action lawsuit
Steve,
I have gotten the same as you and was told what you were told—imagine 2 people getting the same story from BOA! I received papers to sign and finalize my modification 2 months ago and now they can’t tell me when it will be finalized on their end(if it will). This month I received a payment voucher for the original amount then 2 days later a voucher with the trial modification amount stating that I could pay the trial mod amount or I could pay the additional $100 they added on when it is finalized. I guess I get to choose how much to pay them this month—of course if it isn’t what they want, they probably will foreclose.
Isn’t it a coincidence? I still haven’t heard back from Abdul Kahn, my negotiator at BOA. He was supposed to call me this morning. Good luck to you, Joy. I hope you don’t lose your home. Just keep a record of to whom you spoke, the time, and date, and what was said. They do; in fact, they record the calls.
Also, as part of the “Making Homes Affordable Program” agreement, we had to enroll in a debt consolidation program, so what are the chances of getting a better deal from another mortgage company, now? Absolutely none! I’m sure you are in the same boat. We are being fleeced and forced to do their bidding. I can’t find a “File Fraud Complaints Here” site on the HUD site, so, I assume that HUD is aware, but doing nothing. I’ll keep trying, though!
Steve & Joy-
I have contacted the HUD agency and this was my reply from them:
Thank you for contacting the FHA Resource Center, a response to your inquiry is provided below. If you have additional questions you can submit them via email to info@fhaoutreach.com or contact us at 1-800-225-5342. Please do not respond to this email unless you need further clarification or wish to initiate a new service request.
FAQ : How do I file a complaint against a HUD/FHA approved lender?
Solution Details : If you have a complaint against an FHA approved lender, you should submit your complaint in writing to the appropriate FHA Homeownership Center (HOC) that is responsible for the State where the home you were buying is located. You can find the HOC responsible for each State by going to the following HUD website: http://www.hud.gov/offices/hsg/sfh/hoc/hsghocs.cfm
Address your letter to the Director, Quality Assurance Division at the appropriate HOC.
I hope this helps. I have lost my home because of BOA and am moving into my new rental home in a couple of days. They played the same game with me.
Beverly,
Thanks for the info. I’m going to get this going. It’s 12:05 pm EST. Where is Abdul Kahn, my loan negotiator?
Steve– sorry to tell you this, but they will never call YOU. I have been told so many times I would get a call back and I never held my breath. My suggestion to you is just to give it up. Please don’t take it the wrong way. I fought for 14 months and got absoulutely no where with them. They are all uneducated morons there that have no clue what they are doing. They are so over whelmed with modification applications, I heard that only one in like 200 are even getting processed and completed. I think those statistics are kind of low. I personally think it is more close to one in maybe 20 thousand. You can also file a complaint with your Attorney General.