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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my home was also taken out from under me from BOA. I go to court for eviction in a week. I have been unable to find a lawyer in michigan that will talk with me let alone handle the case. I was working on a remodification loan…they told me sherriff sale was postponed. The papers they sent out were nothing as we discussed on the phone. They were suppose to send corrected papers. After not hearing from them for months I found someone to look into for me. Seems as though they never postponed the sale back in April. And I didn’t find this out until Sept. I’m questioning their ethics. Any suggestions would be helpful.
Lu …
You DEFINITELY need to consider filing an “emergency preliminary injunction,“ as well as getting acquainted with what’s being said and suggested on this forum.
You sound a lot like me several months ago. Fortunately, I didn’t sound that way long …
“They told me … I didn’t find this out until … they never postponed the sale … they were supposed to send …”
The stark reality to this is the fact that there’s a “victimology” at work here and someone has been studying it very hard, then turning it into a “modification program.”
Time to turn the tables.
For your own sake, please study the last several days of posts. Learn about what you’ve gotten in to. It sounds like you’re going to need to “cram-for-an-exam” to understand or survive your court date.
You have rights. You also have the obligation to yourself to learn what they are and how to exercise them.
Believe me, I’m not at all unsympathetic. Every time BofA scheduled another Sheriff’s sale on my house, my stomach would sink into my sneakers. But learning to be a “warrior” rather than a victim feels a hell of a lot better.
Cram for exam is exactly right! Thanks for the list. I’m not sure any of my mail will make it to the right people before my court date. My only hope is that the judge will give me a little time to move. I have lived here 30 years. The land itself was given to me when my father passed away. I don’t really want to move, but I don’t have much faith in the system. I have written several times since the start of this mess to the president, the attorney general and most recently the secretary of urban and housing. I’m not counting on help from them…lol I continue to search for an attorney for help. I don’t have a lot of money. If I did I wouldn’t be in the situation I’m in. I want to continue this fight, it may not help me but maybe it will help someone somewhere.
I get the impression someone is evolving from “deer-in-the-headlights” to considering “claws-extended.”
Arch your back and hiss and I think you’ve got it.
Don
I am not sure how to file an emergency preliminary injuction order and exactly what it’s purpose would be. My plan was to ask the judge for more time to move out on the basis that I have lived here 30 years and will also have to pull my two grandchildren out of school. I don’t feel this judge likely to rule anything in my favor. I have tried to contact legal aid…lol they only take new cases on mondays from one p.m to three p.m. and for the past three weeks the lines have been busy and I have been unable to get through. Not sure whether to have an attorney with me on that day. Again..more money. Seems as though I’m caught between a rock and a hard place.
Very discouraged……Just hung up from a consult with an attorney who told me my loan was originated in 1998 so more than likely there is nothing wrong with my docs…. even considering B of A taking over Countrywide. If I try for fraud it will just cost me 5g (attorney fee) to file in court and B of A will be forced to fix the paperwork and continue the foreclosure. It would only buy time. He suggested chapter 13……I have researched assessor docs and found that the people that signed my docs have many different signatures on other docs they have signed. He explained the forgery is only after you have had a loss. Then you can go for damages for money. My first mod cancelled by B of A due to HAMP being a better program. lol Also come to find out my second modification was denied 10/13. Ironically after someone from NACA 10/12 sent them an extension for my auction on 10/18. I did send an email to NACA inquiring but never did I think they would contact them. I am not even working with them. I have been jumping through B of A hoops and sending current paperwork etc. They told me the denial was due to my income April, May, June, didn’t even consider the income increase for the paperwork currently sent July Aug Sept. What a joke. Im done they can have my house! I’m out of options! Good Luck everyone…..I hope your nightmares end on a better than mine.
Dena …
I’m not a professional counselor, and especially not a lawyer, but it doesn’t sound to me from your writing that you’re out of options.
Did you send a RESPA/TILA (Truth in Lending Act) letter? Have you contacted your State and Federal representatives? Did you file complaints with the O.C.C. and your State attorney general? Have you considered filing an “emergency preliminary injunction “?
I think one of the points that’s been raised on this forum is to alter your thinking to make THEM jump through YOUR hoops.
The banks bank on maintaining themselves as the experts, while you know next to nothing and they can do as they please, despite the fact that they’re regulated to BE ethical and honest.
It’s really no different than walking into the doctor’s office and he tells you “take your clothes off” … and you do because you believe you NEED to. Banks want you to believe things you don’t necessarily need to believe.
If you’re done … ok … that’s entirely up to you.
If you give up, move out and give them your house, that’s PRECISELY what they want … “allegedly.”
But there’s not much question of it at this point.
If you missed it, there’s a 16 point “getting started” list on the previous page. Click on “Previous Comments” in light blue at either the top or bottom of this column … and you might want to glance through my note to “Gary” above it … but also, for your own sake, please scan this forum for other people’s suggestions and comments. Learning from each other and going to battle together is the best way for this to turn around … and it IS turning.
Don,
Did you send all of your letters certified? or is it necessary to send them certified?
Amy
Amy …
It’s only necessary to send certified to send to the bank representative(s) that would be responsible for processing the letter. Although, if you want a legal record of of your other recipients, spend the money.
If you’re anticipating a suit, a court loves when you spend the money on certified/receipt. Then there’s no question that you sent or that the recipient received it.
Funny how courts believe pieces of paper, but won’t trust flesh and blood … unless that flesh and blood swears before God (and all the implied retribution) that they speak the truth.
Sounds to me like there’s been some trust issues throughout the history of Western Culture.
I understand the grief. I too feel ready to give up. That’s what they want. I probably will end up moving. It’s us against the big guys. Money always seems to win. But I keep hoping that there are some people out there with a conscience and will turn things around, if not for myself at least for others going thru the same process.
Well folks I say kick em, bite em, scratch em do whatever is necessary to WIN! I have been saddled with a pit bull personality all of my life. It’s finally coming in handy nowadays!
That being said I want to answer Tony Z’s question about sending a RESPA letter. I am talking to all my friends and suggesting they send RESPA letters to check on the title of their properties. Now most of these folks are financially secure, so they are not in this mess. I figure that if enough people question the legitimacy of their loans it will further complicate B of A’s life. An inundation of paperwork will help clog up their works even more, and can be just the Trojan horse we need. So tell all the people you know, to question their deeds and make sure they have a LEGAL interest in their homes. I personally have emailed Don s’s RESPA to several of my friends . Let the games begin!
Also a friend doesn’t let a friend stand in harms way. So far I have convinced 3 of my friends to close their B o A bank accounts. A dear friend just moved 100K today. Another one moved 350K a month ago! Tell your friends about the NEWS that B of A is getting hit from both sides. The Stockholders and the Investors.
In layman’s terms: The stock holders are concerned about the LOSSES that B of A has reported for the last quarter. They are starting to jump ship! ( Selling their stock, causing B of A stock to continue downward.) Also the Investors want THEIR money back that they invested. It appears that B of A bundled and sold them mortgage’s that values were 25% less than the investors actually paid. WOW that’s a recipe for disaster! Couldn’t happen to a nicer company.
I do feel sorry for all those employees that will be getting laid off. I don’t think there are enough McDonalds, Burger Kings and Wal Marts to sop up the mess.
Karma!!! Finally – Karma!!! LOL
as i told you chapter 13 is the way,16 topics wont help
Deleon …
Sorry to say, but your post is a bit of an attack on the hard work and hard-earned self-education of the people of this forum, and obviously directed at me, personally. I don’t appreciate your personal attacks, nor should personal attacks be a part of this discussion.
Bankruptcy isn’t for everyone. It isn’t a “pat” answer. It’s tunnel vision and … frankly … simple-minded to imply there’s only one solution for everyone.
Bankruptcy is a complicated and often expensive process, and not everyone qualifies … as described here …
http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter13.aspx
It’s more than a little narrow minded to repetitively insist people completely negate all other avenues of resolving their mortgage modification options and ignore their rights under banking legislation.
People have the obligation to themselves to approach their situations individually, making the decisions that suit them best. If jumping off that particular bridge worked for you, fine, but that doesn’t mean I should blindly, mindlessly jump with you.
If you’re looking for an argument, you won’t get one.
Would you be happier if we made your point #17 on the list?
You’ve made your point countless times. Now let’s move on.
‘Nuf said.
I just read this article. It is full of BULL. 18 months before they foreclose and foreclosure always a last resort. I was under a trial period for three months, told I was approved. They never sent the paperwork, told me to keep making the modification payment and nine months later sent a letter saying we did not qualify. This past June sent papers saying if we did not pay the back money we owed and go back to making our regular mortgage papers they would proceed with foreclosure. They foreclosed on my home in August. They did not offer a second loan modification. They kept telling me they were looking into putting us into some other program and sent a letter saying we did not qualify for anything. We asked for a postponment on the foreclosure to possibly sell the house because it had equity and they would not. So 18 months my fanny!!!! My house is now forsale for less than what they wanted at auction for it. WTF!!!!! I am fighting for them to resend the foreclosure.
Spokeswoman Jumana Bauwens said: “Bank of America is committed to helping customers facing financial hardship remain in their home. Since January 2008, we have helped 700,000 customers with completed modifications.
“Foreclosure is always the last resort,” she said. “On average, a customer is delinquent 18 months before going to foreclosure sale. During this time, we make multiple attempts to reach our customer and offer assistance.”
yes it was bs i only got 6 months and one offer no paer wrok ever
Deej …
Sounds to me like you need to research and consider a RESPA/TILA letter, too. It will force them to give you an accurate, current accounting of the status of your mortgage.
(By the way … your post was stuffed back several pages in the forum under the beginning of the month)
The “16 topics” sure have helped me in my fight….nothing is a sure thing…but I’m covering all bases. Don is trying to help the people in this forum and has nothing to gain by doing so….so please let’s refrain from personal attacks on a person who is in the same battle as us.
don tell them who you are did you loose your house too?
Deleon–
I hate to bring up the ‘grammar’ card, but . . .your sentences
are short on expressing a point.
no,he spends to much time on the topics that will not help…you people are a day late and a dollar short.there have been people here a year ago that said the same sh..and everyone got the boot from BOA .dont you think its a bit odd that he does not sound angry.he totaly avoided question did they get his house?to be to the point there have been don’s here before.people have wondered does BOA monitor this site…has been brought numerous times in past and the guy seems to disappear..always giving long winded adivice.to send people off on a paper trail that leads to no where.you can send all these occ and other bs addresses and it will not get a response in time.have you seen a response that MY HOUSE WAS SAVED…FROM FORCLOSURE
“Bank of America officials are claiming they didn’t find evidence of unwarranted foreclosures and are vowing to “defend the interests of Bank of America shareholders,” and hire more lawyers, the New York Times reported. “It’s loan by loan, and we have the resources to deploy in that kind of review,” said the bank’s chief executive.”
http://www.huffingtonpost.com/2010/10/22/fdic-called-on-to-put-ban_n_772535.html
It’s time to pepper them with lawsuits! They want to bring on more lawyers…it’s time to bring on more lawsuits!!! We can only do this by filing individually…..WE CAN BREAK THE CAMEL’S BACK!!!!
BRING IT ON BOA!!! WE’VE GOT GAME TOO!!!!
I totally agree with Tammy, If they have taken your home already (like mine) or they are still stringing you along. We should all file an individual lawsuit on the same day.
we were told we would get a loan modification it we would surrender our car as a repo to eliminate the payment , we made trail payments for
over a year/ there was a sell date set for july 28,2010 that was supposed to have a hold put on it.
we surrended the car and now have a repo on our credit history,
on JUly 28 we recieved a phone call we were told that our modification was denied and our hose will be sold that day.
Fannie mae bouught our house that day. i had a attonery he requested
a reason for denial but have yet to recieve a reason why.
I have yet to find a attonery with a enough guts to take them on,
i have basiclly lost everything in attempt to save the house. now i would atleast like to see a real reason why.
David …
It doesn’t sound to me like you’ve been evicted yet. That may be an advantage. There’s an Ohio Congresswoman who has said in the House of Representatives itself, on the record, and in front of news cameras, that she feels people should squat in their homes (while pursuing legal action, naturally).
There’s an OLD expression among legal people … “Possession is nine-tenths of the law.”
Giving it up, you’ll have a hell of a time getting back in, although there’s a LOT of talk that many foreclosures could be reversed. Some people ARE squatting, and one family in the news just moved back in … with camera crew and lawyer in tow.
It also sounds like you need to glance at the previous page and look at the 16 point “getting started” list that’s arisen out of the experience of folks on this forum. Click on the light blue “Previous Comments” at the top or bottom of this column. Also please read my note to Gary above it. They’re about a quarter of the way down the page.
Deleon has also mentioned the possibility of bankruptcy several times, which is an option … but I’ve always been told that it should be used only as a last resort … and one I took in 1987. I’ll likely add it as #17 on the list next time I post it.
Holler with questions … tons of folks here willing to help.
see case in point,again don did they take your house?
Maybe another ray of hope??? This morning I called my local County Commissioner. I only called because a friend of his, that I know, thought he could help.
What a surprise I got! He hooked me up with his personal County attorney. I already have a FREE 2 hour appointment! But most important of all he told me that he was going to ask the County commissioners, to pass an ordnance that will prohibit the Sheriffs office from carrying out any evictions. Most important of all he said, ” DO NOT MOVE OUT”!
I would have never thought to contact the COUNTY COMMISSIONERS office. It’s worth it to you to try folks.
Lauren …
If you heard a smacking sound, it was me slapping my forehead.
All- I have come to same conclusion as Deleon, I see alot of advice of busy work that has not garnered ANY results. Our work has not seemed to save any houses. I have filed all complaints, written every official, spent hours on sending letters and papers, reading posts and being stressed and upset. I have decided to spend my time filing an individual lawsuit, and planning a “strategic default” and at the last minute filing bankruptcy to let the bankruptcy court “restructure” my mortgage. That way the money I would be sending to BOA for payments can pay a lawyer to stick it to them and then I get to keep my house while the court figures out what BOA did to me. I still pay for my house, I am not asking ANYONE to pay for my house. I just want the terms that I had before the “modification” and damages for the fees, and the stress of their lies,games and thievery for the past 14 months. That is where my time is going now, think about it before you waste months of energy on the 16 steps to redundancy. I do not mean disrespect for anyone who has sincerely tried to help, but I think there is a game going on here at this blog.
see case in point don s. and grammar dude.seems to me the only real people here are angry ones not nickle and dime advice.oh!write this person, call this guy….as i asked again don did BOA forclose your house…i must admit you seem to know alot of legal and all these sight addresses….thats what makes it so supspicous,but you say i am not a lawyer!again don did BOA get your house?the other guy that use to be like you left when people called him on this….said i was ranting about nothing
Hi Lo-Texas–
We have replied to each other occassionally on this board.
Question–You could not find an attorney in Texas doing a
class action that you could participate in? So–you have decided
to file your own lawsuit as a result or have you decided to file your own because you expect a better result per your goals?
Next Q–What do you mean by ‘strategic default’–and regarding
restructuring your mortgage in a bankruptcy court, do you
have to go chapter 13–and not chapter 7?
I have two good leads for class actions involving Texas but I
am instead considering filing my own lawsuit against BoA.
Would like to hear from you on these points. Thanks. Bob Mc
When you say that you have 2 good leads for class action suits in Texas, could you please share your information. As a fellow Texan who has been completely run over by this unethical and immoral corporate giant, I would greatly appreciate that info. Thanks. Sam
Hi Sam–
Yes I have two leads for attorneys to help me here in Texas.
These ‘leads’ are being developed at this time–they are ‘two
in the bush’. I will know early this coming week whether
there is a bird in the hand at which time I will be able to
let you know what gives, OK?
This situation is pretty straight-forward. It’s simply time to “clear the air.” The pressures of losing your home make you scared, angry and paranoid. It’s not difficult to see how we got here.
I’m a 54 year old divorced white male of German and British descent. I was married for eighteen years and have a daughter 27. She’s a great “kid” works in human resources and is going for her Bachelor’s. I, myself, only have four semesters of college.
I was born in Cincinnati, moved to New Jersey when I was eleven, and moved to Bucks County, Pennsylvania in 1990. I grew up sailing, participated in the Soap Box Derby and Boy Scouts, played both the flute and trumpet, loved bicycle riding, dabbled with spelunking, enjoyed working on cars and with woodworking, as well as built a full-blown chemistry lab complete with a white mouse. In my college-preparatory high school, I specialized in printing. I’m a 4th-generation printer on my mother’s side. I was in the band, photography club and enjoyed the theater, and tried out for sports including swimming, but never stuck with any.
My mother and father divorced when I was eighteen which short-circuited plans to attend college, so I only attended two semesters at a county college for communications. I married in 1978, and returned to school in 1979-80, taking business courses intending to become self-employed, making the Dean’s List. My mother is living and remarried for many years, but my father passed away in 2001 from Parkinson’s. I have a brother two years older, married, no children, and is a former Navy helicopter pilot, now school teacher.
My first job was at age 15 behind the counter at a photo store. I’ve worked in gas stations, and as a Porsche/Audi mechanic, photographic lab technician, in a restaurant starting washing dishes becoming a junior cook, in a packaging machine factory building experimental machines, worked for a scientific/graphics supply company in inside sales, and was a baby photographer in department stores from Connecticut to Philadelphia, but also working all five boroughs of New York shooting 1,600 children a month. I also operated and ran a woodworking business for a short time when I was 19, manufacturing doll house furniture. There was even a time when I was 15 where I was a professional puppeteer putting on shows for children’s birthday parties for $45 a pop. $45 in those days was quite a bit of money.
I know household carpentry, electrics, pneumatics and hydraulics, welding, brazing, some metallurgy, machine mechanics, machine design and [non-professional] engineering, automobile mechanics, auto body work, photographic and lithographic laboratory processing, printing press and bindery operation and production and maintenance, graphic design both board work and digital graphics, canvas production and design, sailmaking and repair, boat maintenance and repair both sail and motor, business planning, management and administration, human resources training and instruction, bookkeeping and accounting, and advertising and marketing.
I’ve been self-employed since 1979 and for twenty years had a graphic arts business of various forms, peaking at one point with eight employees. Services included pre-press for companies from small to large, including several Fortune 500 companies, eventually evolving to printing itself, then consulting and design on my own.
I’ve owned a video field production company with two partners shooting for some of the Bell companies, cable companies, CNN and the New Jersey Ballet. In 1972 I won an award from the Newark College of Engineering’s film festival for Best Technical achievement and Special Effect.
I was raised Christian and Conservative, but I have very progressive ideals. I have always been a non-conformist and a bit of a Bohemian. In 1987, at my mother’s suggestion, I became involved with the Native American community and have been active on both a social, philosophical and spiritual level ever since. I have not “replaced” my Christian roots, but merely expanded my personal journey.
In 1999-2000, I retired from graphic arts and started a canvas and upholstery business from my basement. It grew rapidly and peaked at three employees here at the house. Seeing the need to expand, I moved the business to a commercial facility with two service bays and peaked at five employees in 2005, including having a marine supply retail store at a separate location on a nearby busy highway for a year.
When the economy tanked, so did business. I was forced to close the commercial business and move it back into the house. I reconstituted my graphic arts career and now work as a web site designer, often for a Madison Avenue level designer out of New York. I still offer repair and production services for canvas and upholstery items.
In 2005, stressed from business and seeing my social life decline, I became involved in WWII reenacting. I come from a military family, but did not serve. I’ve always honored military service and this became a way to express that. I attend several events each year, both small and large, private and public, as a combat photographer and correspondent.
In September of 2009, in order to get my mortgage and finances back on track, I took a full time position for the first time in 30 years as a mentor to distressed young adults (mostly from Philadelphia) as a mentor and work the evening shift.
As for the house, my [then] wife and I purchased it together in 1994. It’s been refinanced twice, once to remove her after the divorce, and once to acquire a fixed rate. I’ve been on my own and paying the bills myself since 1996.
Now … Deleon … who are YOU?
Deleon….Don has mentioned SEVERAL times the “stage” he is with his house. He’s in the trenches just like most of us posting on this board! They haven’t “foreclosed” on my house YET either. It doesn’t mean that I haven’t educated myself and come out fighting. Are you going to hold it against him that he’s not illiterate? Some of us are well spoken and express ourselves well in the written context. So, what’s your point? He got his information from being PRO-ACTIVE and educating himself in an effort to save his house….just like me and countless other people here are having to do. If you find the 16 point list non-productive then I guess you’ll be walking in to court with your “pants down” because you’re not going to be able to show any judge that you’ve done everything you could to save your house. As Don has said, countless times, if you get emotional about this…they’ve got you. They want to make it emotional for you. It’s the game. So, you either put on your game face and come out swinging or you emotionalize it and lose the war. They had me beat down at one point and I was ready to sign my house over to them. Thankfully, I did not. Now I have learned to taunt them and snarl back at them. I will NOT let them steal my home. PERIOD. Now, Deleon….let me ask you….why are you attacking someone that is here to help instead of putting that energy into saving your home. Are you here to derail the thread…and keep us off topic? Is there a sinister reason for you being here. So…Don asked you….who are YOU? Seems the ball is in YOUR court. What’s YOUR reason for being here? We’re merely trying to save our homes.
as i told you was here over a year ago. followed the dude like don. did not get no where .they got my house!this is for class action after the fact.that is why this blog was started.not to be winded and self proclaiming hero .his resume he posted is self centered ,he is very ego type person.i have tons of paper work in envelopes of where i tried to save my home(copies to bank).don has his house.
Ok so today I get a letter in the mail from BofA ,telling me they would like to thank me for my interest in HAFA program and thanked me for contacting themregarding this program. HELLO !!!! I never contacted anybody about any kind of program such as that. I sent my RESPA letter in via Fax and certified mail to them and the OCC ,In the letter they give some song and dance with a little frosting at the end ,the frosting being I “MAY” be elligable for 3k in cash to help me relocate.
They said if I qualify for the program to watch for the paper work and sign it and return it.
Is this something I should fall for or will I get the shaft in the end, they tell me if I qualify for the short sale then what ever the house sells for then I would also be off the hook for the remander ? I always have herd they can hit you with a phantom 1099 and leave you hanging for as much or up to five years ?
Woundering what to do here, I live in Calif. My house value has sank to a new low of just 173k and I ow 285k total.
Some advice would be nice as I have writen ,called,re-writen all the Politicians here in Calif and not a one has offered to step up and help much less make a call to me.
Thanks Woody
I am a retired “therapist” from some 20years of practice. I worked for public entities NOT private practice and am very experienced in all matters of insanity. Now Ibelieve the negativity that Delone brings to this forum is non productive.
I have a saying that I would like to share:
” Do not make anyones insanity real”.
How about the folks that are interested in saving their homes, stop responding to negative insanity. Lets focus on learning positive ways to deal with our current issues.
::Tammy high fives Lauren::
Moving right along…..
To LU,
About Legal Aid; Stop calling and go down there in person! Tell them there are “minor children” involved. BEG for help. Also call your County Commissioners!!! Tell them about the MINOR kids!
Tell legal aid that you believe that there was FRAUD done when you got the loan, and furthermore there sure the HELL is now. You need them to get you a” emergency preliminary injunction” so that you can demand a paper trail via RESPA request.
If they won’t help get names so you can tell the judge they would not help you. In the meantime; go online and google emergency preliminary injunction. See if you can find one to personalize and copy. Then go file it! Do not be afraid! What can they get from you if you do it wrong? Also you can ask the court for help to get an attorney . No being really SMART is a good thing in front of a judge.
Thanks Lauren
I plan to do that and more!!!I will only have 48 hours to accomplish these tasks. Hopefully something works. This site has been inspirational!! My thanks to all! I wish I would have found this site a month ago.
Lauren …
Gawd I just love your post, particularly the part about taking names, but also about going in person. Let them see your face. Let them hear your voice. Let them go home and late at night hear their own voices echoing in their heads. Feed them their own consciences.
A big part of this is accountability. Lack of accountability comes from anonymity. If you don’t know who they are, they don’t care.
Even local government will get (has gotten) apathetic and just cash the check, not realizing they’re contributing to the destruction of a family. They just see names and numbers. Like anyone else, they just want the work off their desks and to go home.
I encourage everyone to use at least the phone, if not arrive in person, when dealing with anyone on these issues, and avoid email unless it has a purpose. YOUR anonymity also contributes to their apathy.
And remember, you’re taxpayers. They work for you, not the other way around. In fact, the BANK works for you, not the other way around.
After all, who’s paying who?
I just wanted you all to know that there is some good news for me. Today I received a letter from BOA stating my modification was final and had been since May 2010! I think I only got a positive response because I wrote my Congressman, Pat Tiberi, Ohio, of my problems with BOA and the fact that I was not the only one having this problem with BOA. He forwarded the office of the CEO/President of BOA my letter and I got a phone call from that office right away. It has taken that office about 2 months to figure out my case and write a letter to me showing my modification is final. I am not celebrating yet as this info has not been finalized in their computer system but I do have their letter in my hot little hands. If you have not done so, you may want to write your Congressman–great time with the election just around the corner—and hopefully he/she will be able to help you. Also this letter from the CEO’s office states they welcome valuable feedback such as mine so they can assure they achieve the highest standards of customer service—maybe if you haven’t contacted that office, it is time to do so.
Joy …
It’s great news and I’m glad to hear you’re feeling positive. I was precisely where you are a couple of months ago.
I have to play “devil’s advocate” for a minute and remind you of a couple of things …
The party isn’t over yet, as you’ve pointed out. If you only have a letter stating stating it’s final, you haven’t seen it yet. They haven’t sent the actual modification. They sent mine and there’s an aspect of it that may be [additional] grounds for a suit, it was that bad.
They haven’t gotten the message yet, but it’s plain to see they’re scrambling. I won’t call it panic, but the pressure is on. But that doesn’t mean they won’t try and pull something. Just read the offer very carefully and don’t jump.
Keep the positive perspective going, too, regardless of what they pull. You have options … something many of us didn’t know before participating in this forum.
If any of you are concerned that an elected official that’s helping you will be voted out of office and the help will stop, I was told that often the case workers are hired by the incoming representative and the files come with them. The “office” is helping you, not the representative, personally.
To everyone,
How will we pay for our homes if this continues??? How many more homes will be lost due to this additional burden?
I just received information on a new tax to further burden the American people. GO TO : http://www.standard.net/node/44797 for more on this.
In layman’s terms: This bill will require ALL banks to withdraw 1% of ANY DEPOSIT you make, or is made to you account, and send it to the Govt. For instance, if you get a $1,500.00 Social Security check that is automatically deposited, your bank will deduct $15.00 from your account and send it to Uncle Sam. Over a year you will have lost $180.00 of disposable income.
So they are stealing our homes and now stealing more money to feather the nests of their wealthy cohorts. This bill was written by Peter DeFazio (D) of Oregon .
VOTE ON NOV. 2nd!!!!
This is actually a bill intended to replace the current federal income tax system , it’s been tried before , it will never pass. It is intended as a replacement for the irs system, not a new and seperate tax in addition to federal income tax.
Frankly, the Fed would be #1 on my Hit List, but the IRS would definitely be a close second. Regardless, without one, either or both, we’d be a hell of a lot closer to the constitutional republic we’re supposed to be.
see you people are off on a tangent nonthing to do with a class action,as in class action after they take your house that is why this blog was here.
I am also in Ohio, My congressman Tim Ryan didn’t do shit and responded with some lame form letter… Course really, what did I expect from Nancy Pelosi’s son in law. Bleh. Can’t wait to vote all of them out.
“man is not free unless government is limited”
— Ronald Reagan
Howdy, Strangers! I have not disappeared…law school is a bear and this week I had my first midterm. If nothing else, I have B of A to thank for forcing me into law school; I now plan to be the thorn in their side throughout my legal career!
Please go to http://savvygal.tumblr.com to read about my latest escapades with B of A.
I am trying to get press coverage (and any coverage I get will be good for ALL of us), so please check out my blog and make sure to click “follow” on the bottom and emails will be sent whenever I post. Please pass it along…
I am planning to file a Temporary Injunction and have the Court allow me to make all payments into an escrow account until B of A is able to prove the RESPA request. I have a MERS loan and I don’t believe they will be able to produce.
I don’t want a modification any more-I want my house. Free and clear. And I want damages for the fraud, negligence and infliction of emotional distress that B of A has perpetrated over the past 22 months of my life.
They ain’t seen nothin’ yet!
see folks this is what i mean. go to her web site.end less paper trail.i hate to be negative but you must swallow reality pill.she may get her house free and clear but doubtful.this is why class action after the fact is the only way for them to pay.
Saavy—
I love your attitude and fight. What do I have to do to get you
to represent me? I does not matter to me that you are still
working on your law degree as you are apparently more
‘saavy’ than most attorneys out there–and smarter too. B
Dear Sir.After five attempts to get my loan modification it seem like that black and white can not get a loan modifications.By Bank Of America,I see other nationalities receiving their loan modifications.I lost my job and am retired from the military and social security and am sixty three years old .My house is upside down and I applied for making home affordable program I want to keep my home I do have income to support my home with the making home affordable program.Everytimes I call to check on my loan modification since February at the home retention divison they games.I been under so much stress trying to get a loan modification which has caused me to be hospitalized three times I died in my sleep and noww I have diabetes because the stress that the home retention division has caused me.
YOU GO GIRL!!!High five!!!!
It never ceases to amaze me….the horror stories you all are facing. They all sound like some hollywood thriller, but I know that they are true. Sad, but true. I feel for all of you.
I am surprised that some of you are saying that you cannot find attorneys to help. Attorneys have all sworn to help those in distress, and as much as possible, to make society better, to relieve the oppressed, to do all in their power to bring about justice. Attorneys should be swarming to help you all.
Anyway…..you all are doing a great job sharing information with each other. Don is as committed as any human could possibly be committed. My hat goes off to Don. Keep it up. You are indeed helping others, so somewhere there is a reward for you.
Now I thought it may be helpful if I post the following. Some of you have written me asking about a PI, or a preliminary injunction. It is fairly easy to file. But you must know the elements. Remember, a PI is a motion to the court asking them to stop everything until your case may be heard. If you are facing foreclosure, you want to enjoin the bank from foreclosing on your home until your case can be heard. If you are facing eviction, you want the court to stop the eviction proceeding until your case can be heard. That is the reason for a PI. It buys you time to get a case together. Here are the elements:
A preliminary injunction is appropriate when the movant (that would be you) established:
1) there is a substantial likelihood of success on the merits. Here, you can use facts such as, every attorney general in the 50 states are investigating this Defendant, BoA, for the exact reason this motion is being filed….Or, given the laws [you know] BoA have broken, and/or the strong facts which suggests that you will win your suit once the Court hears you case, [you will have to think of reasons you know you will win, it is especially helpful if you can cite the facts of a case that are similar to your which that plaintiff walked away successful];
2) a substantial threat of irreparable injury if the injunction is not granted. This should be easy. It is your home. Certainly you can, in three sentences, state how your injury would be irreparable if you lose the home you are living in;
3) that the threatened injury to the plaintiff [you] outweighs the harm an injunction may cause the defendants, here BoA. Again, this is easy. I usually say in my motions that “the bank has foreclosed on several hundred thousand homes in the last year alone. Preventing them on closing on one more home is NOT going to damage them in the least. But, failing to prevent these Defendants from robbing my client of his home, will potentially threaten the very life of this good man. ” Easy.
and 4) granting the injunction would not disserve the public interest. Again, this is easy. State the facts that we all know about how foreclosure brings down the prices of the homes in the near surroundings. Write about the purpose behind the legislation, i.e., the Foreclosure Prevention Act, etc. The President has spoken extensively on the woes of foreclosure and the massive impact it has on society, the negative impact. So write about these things.
Now, these are the 4 universal elements, meaning they are the same in every state. So what you need to do is present the elements in the beginning of your motion, just by themselves. You can cite it to, Teper v. Miller, 82 F.3d 989, 992-93 n.3 (11th Cir. 1996). This is an eleventh circuit court. If you are not in the eleventh circuit (look it up if you are not sure) you can still cite to this case, but you would have to mention that “the elements for a PI are universal….each court holds the same elements….” then you can cite to this case. In the meat of your motion, state how you meet each element, one at a time.
I have to run now. Keep holding on!!!
Freddie …
I’m very sorry to hear of your troubles … and thank you for your military service.
Unfortunately, I … or it could be “we” … need to point out that there’s no “dear sir” to address here. This is a blog or forum where people not unlike you come to exchange information, lend each other support and maybe gripe a little.
There are no lawyers hovering over their computer screens panting for a lawsuit to jump into. A couple attorneys have posted, but likely to the frowns of their bar associations.
The hard reality of the situation you find yourself in is the fact that you’ll need to carry this particular ball yourself. Banks literally bank on the fact that people don’t know what they’re doing. It’s going to be up to you to learn, but more than that, learn how to fight for your home. As a “former warrior” you should have a sense of that.
It’s time again for boot camp.
On the previous page about a quarter of the way down is a list of 16 items that may help get you started. You may also like to glance through the note to Gary above it. It’s more or less your first day boot camp orientation. To get to the previous page, click on the words “Previous Comments” in light blue at either the top or bottom of this column.
There’s a 17th item that will be added the next time it’s posted. It’s been suggested that some folks might consider bankruptcy, which can be a difficult decision, time consuming and possibly expensive, but a solution none-the-less.
Holler with questions. There’s lots of folks here that have run the obstacle course.
I have been trying to get a modification through Bank Of America since last sep 2009. After almost a year of speaking to a different person each time we call, call being disconnected or being told it was under review we have now received Foreclosure documents set for Nov. 2nd. We have never had to face anything like this before. Now in we are going to lose our home that we have worked hard to pay for. We are willing to work out a payment plan in order to keep our property but can’t get anyone to help at Bank of America. With the economy & all the foreclosures it looks like they would WANT to work with customers. Anyone know how to get in touch with ANYONE to help? i still making their payment now they want full amount iam a ga still living at my house i dont have anywhere to go that very sad
Darlene …
Please see my post immediately above to Freddie. Minus the military references (unless you served), the message is for you as much as him.
Hi again..I posted this a few days ago but may have gotten lost. I’m still “curious”.
Hello Don,
Thank you for your list..I am wondering something and welcome any comments. We have been in the Loan Mod program paying the lower amount since Feb 2010. Twice they gave bogus reasons for not approving the Mod 1.insufficient documentation (untrue) 2. “Investor” does not participate in Loan Mod (WHAT!), FedEx just delivered a “You have been qualified for a Loan Mod Freddie Mac. The terms are good – 2% first 5 yrs. The problem we see is that we “admit” we are in default which we aren’t and and no liquid assets (just a little). So of course (after 12 yrs of on time payments) they are showing us delinquent for the difference for 5 months. Could it be possible that this mod could go through?? After all that is written in this blog..we may be signing our house away! We just wanted a “little” help. By the way, the same day of Fed Ex delivery, on the phone a rep told be she wanted us to reapply for the first “Making homes affordable” program…Holy Cow!!!! It is like their computer systems do not connect to know that someone somewhere decided to send a contract for us to sign!! We are considering “getting current” and get out. Did you experience anything like this??
Curious …
First off, I’d like to divert a little attention from myself. There’s lots of knowledgable people on here to address. I may be a blabber-mouth, but in no way am I trying to take over. I’m just a “writer-type” who can’t shut up. My way of venting, I suppose.
Your post and question reflects what a lot of us feel … “What are we supposed to do??”
I’m going to risk a little more “babble-speak” by saying … people wishing to dominate love confusion. They love to employ the “fight-or-flight” response. We’re the deer and they’re the headlights. Some of us simply run under the wheels, which literally happened to me last night. I hit a deer.
They love when we do that. They get instant road kill without much effort … just sling it into the back of the pick-up. One more house gobbled up.
Anyway, you just want to get out of the road. The problem is, they’re [allegedly] AIMING for you. You have to be clear-headed and get out of the way. No one can make that decision better than you.
One advantage we have over the deer is the fact that we can pull out a bazooka (the legal system) and blast them off the road.
You can run, or you can reach for that armor-piercing shell. It’s up to you.
As far as how to opt out, my only amateur suggestion would be to be assertive, perhaps employ an attorney and ASSURE that you’re out. If you decide to “fight” for your modification, the keys are assertiveness, self-education, tenacity and IMpatience for what “appears” to be incompetence.
Banks are regulated entities and you have certain rights. Learn those rights and how to assert them … up to and including lawsuits.
Curious,
I received the same “Freddie Mac backup modification last week, took it to my lawyer to look over.. He says it looks good but is adding on a page requiring them to ‘clean up’ our credit and a notary page. He couldn’t believe they get away with it not being notarized! Anyway, that would be my suggestion to you, take it to your lawyer. It’s worth the money to have someone who knows how to read these contracts go over it. And if you do try to “get out” they are not likely to clean up the bad credit. BTW- My story is just like yours! They said we didn’t provide this or that when the only thing I haven’t sent is a blood sample! 3 different answers on the same day, ect. You’ve been there too, we all have. At this point this seems the best way out for us. Atleast for the first 5yrs, as soon as we start to get back on our feet we’ll go somewhere else! But that’s not an option while they have our credit so screwed up!(I’ve already tried!!) I’ll post again when I get a response..also once I see what my lawyer has added to it (exactly), and let you know how it goes.. Hope this helps atleast a little!
Thanks, Joan for your post! It does appear that different people are recieving “backup” modifictions.BUT Several posts from this blog and another that even after the modifications papers were signed that BOA backed out and tried foreclosure. Does your mod papers include MERS? MERS is sketchy to me and the reason they are involved seems cloudy? What has your research determined? We are seeing a lawyer also. Do you really think BOA will take something being added to your mod agreement? My last fax to BOA included all the state officials I planned to contact if something was not done. Could be that this helped in our mod.
Does anyone recall Monty Python’s Holy Grail and the Knight getting his arms lopped off and responding, “It’s only a flesh wound…”?
BofA now finds errors and says they’re “small”.
They have some nerve to trivialize the trauma they’ve caused to the economic stability of America and to the struggling homeowners who’d turned to them for help. Trust is earned and once broken, may never be mended without scar.
BofA Finds Foreclosure Document Errors
.http://online.wsj.com/article/SB10001424052702303864404575572662815011760.html?mod=WSJ_hp_LEFTopStories
If you don’t subscribe to the Wall Street Journal, you can find the full article here …
http://vigilantgrandpa.blogspot.com/2010/10/turns-out-bank-of-america-is-not.html
Let’s not forget the word “obfuscation” … diverting attention from the real issue … in this case, the [alleged] fact that they are targeting mortgages of certain types for foreclosure and repossession to acquire profit.
If you throw in all the GOOD mortgages or modifications where no one had a problem, you’ve diluted the issue, “obfuscating” the fact that you targeted the others.
That’s no different than saying “We’ve processed [so many] thousands of mortgage modifications,” making it sound like everybody got one. But that says nothing about how many mortgages were ACTUALLY modified, just that they were “processed.” It also doesn’t say how WELL or accurately or fairly they were modified.
I’d like to see the Wall Street Journal interview US about how WE think the process is working, then report our nightmares. I’d like to know why the WSJ repetitively talks to the banks, but isn’t really talking to homeowners.
Problem with that is the fact that up until now, we’ve been perceived as “deadbeats,” and the reports (from most media) have focused on people who walk away. We want to stay AND are willing to pay our obligations. We tried to be responsible, but were victimized.
That’s the REAL story.
It’s my opinion that responsible people making the effort to renegotiate and maintain those responsibilities FAR outweighs the deadbeats. I’d like to see the actual figures on that … including people who gave it their best shot and after a year or two of living hell, gave up.
One critical question for the courts is: How much of that living hell was PLANNED?
With the coast-to-coast evidence, is there really much doubt?
Ad gotta add this Bloomberg YouTube …
youtube.com/watch?v=9_i9DO0BRdk
It’s a lot of financial-gobble-d-gook to most of us and the interviewer keeps going back to the investors, the people who end up with the “value” of your mortgage, but you, the homeowner is mentioned several times, suing right along side the investors.
This is a good thing.
Gotta add another article to yours Keith …
vigilantgrandpa.blogspot.com/2010_10_01_archive.html
Well here we go again just got of the phone with like I don’t know the 30 something person and was told that I’m am no I’m not oh yes I am etc, under review for MHO now your in underwriting now your not have to resubmit all doc’s once again after like the 5th time, It’s been 17 months and counting almost ready to let it go don’t want to but the last person I spoke with told me that my payment will be going up can you believe that.
Pitchfork in one hand, torch in the other – I’m ready!
Blog by Matt Schifrin
http://blogs.forbes.com/schifrin/2010/10/25/a-european-lynch-mob-is-coming-for-bank-of-america/?boxes=financechannelforbes
Me too Keith …
I think the last quote is the most important …
“His fine is like a slap on the wrist. It won’t crimp the Mozolo family’s lifestyle for one minute while there are thousands of families devastated by this debacle. I think that super wealthy, rogue executives like Angelo should be forced to do mandatory jail time. A year or so inside of prison is a real punishment for a rich guy, and it is something they will never forget, or live down.”
It’s all well and good that Fannie and Freddie and the Europeans are pissed about the “crap” they bought and the big boys are fighting amongst themselves pointing fingers, But I contend they all KNEW IT and one of those “boys” is going to have to end up taking the fall … to “obfuscate” the fact that they’re all complicit in driving the average person into perpetual, insane debt.
One of these days they’re going to run out of scapegoats. As long as the system functions the way it does … based on confiscation … there will always be a parade of liars, cheats and thieves.
I’d recommend “Zeitgeist: Addendum” for anyone who has 2 hours to spare …
video.google.com/videoplay?docid=7065205277695921912#
IIRC, Mozillo’s legal fees were to be paid by BAC so IMO, his “fine” had to be such that the liability would not jeopardize the ability to smooth the political wheel.
These banks have a LOT of bedfellows in DC, in government – that’s how they almost slipped the Notaries Public Reform Act through. They even gave it a guise that the legislation was only intended to better “secure” electronic documents. The problem is that catchy phrase, “The foregoing instrument was acknowledged before me this _____day of _____, 20___, by (name of person acknowledging)..”, or a semblance thereof.
You just can’t do that with a computer.
The best thing we can do is continue keeping their bedfellows in government so uncomfortable that they’re involuntarily yanking all the covers from the banks..
see bankruptcy after u read blog…..file folks
BOA keeps increasing my escrow amount each month or couple months as they say is needed as it is not enough money to cover my the amount needed. Hmmmm, Just under $2,300.00 year on all taxes and less than $700.00 total on home insurance and now BOA is trying to get around $500.00 per month out of me for escrow…. Maybe my math is not all that good but I would think that $6,000.00 is more than enough to cover $3,000.00 worth of expenses…… So now my cost reduction on $130K home is around $1,300.00 per month. Something is really wrong here besides that fact I am paying the home insurance monthly and BOA has not made any payments towards insurance ever….. I sure hope people become aware of what BOA is doing to you and and all of us with loans with them… Contact me if you know of a good class action or Law Suite like this with BOA. Thanks (Jim)
Jim Carter, you are not wrong. Bank of America will steal your escrow money. They made my escrow overage magically “vanish” and they stole my money. This is a Federal offense and they are getting away with it. I hate Bank of America with all my heart. They stole from me when I used to bank with them and now I was FORCED to have them as my mortgage servicer and they are stealing from me once again. I suggest that you write to your Attorney General, Congressman and Comptroller of the Currency. So far, my Attorney General, Congressman and the OCC have listened to me. These monsters (Bank of America) need to be stopped and held accountable for breaking these laws. Boy, do I hate them!!!!!!!!!!!!
I received another notice to accelerate today in the mail. So much for a freeze on foreclosures??? LOLOLOLOL
So, I called upon my delightful little BOA rep who announced proudly that we were approved “late Friday” night but she had no documentation on her desk yet. She will call this week and “go over the figures” with me…and we should have a package by FedEx on Friday. Sure, sure….feed me a line….
I’m less than impressed….and I will continue to fight….and file….afterall, it’s the game they created…just throwing in a few rules of my own….
I know several of you have gotten this response lately…what has become of it? Anything? Good? Bad?
For all my friends here from Georgia – the tide is now on your side.
http://market-ticker.org/akcs-www?post=170215
“MERS does not have the authorized power to send a valid notice of foreclosure within the State of Georgia for those deeds where it is “solely a nominee” and does not have the authority or power under Georgia law to foreclose on a property or engage in an auction of sale on such property where is is “solely a nominee” on such deeds.”
This ruling should help those of this blog from Georgia and breathe new life into your fight….
The full text of the suit is posted as well..
Should NOT have been “This ruling should help those..”, but should have read, ” This ACTION should help those ….”
Sorry for confusion!
What if MERS is on the deed but MERS has not been involved in any of the fc proceedings? Should MERS have filed an assignment or something? It is like BOA is completely ignoring the fact that MERS is listed as sole beneficiary. what do you do with that?
I have been following these posts for over a month and I must confess I am concerned beyond belief at this nightmare of a process that has turned many people into raging bulls. I too have under gone the Home Loan Modification from BofA only to fax and send numerous documents only to fax and send them again. Today I received a letter Fedex stating that they need additional documents that I already faxed 5 days ago. So instead of calling and getting upset I called Senator Cantwell here in Wa. State. I spoke with a very nice gentlemen who emailed me a form to sign and fax back giving them permission to speak with me about this ongoing problem. I will be keeping you updated as to the whera-abouts of my so called Loan Mod and if there is any news relating to the status. Thank you all for many hours of being able to read and feel like I was not alone in this process.
I love it … “raging bulls.”
I also received a letter from one of my senators, Al Franken. We are suppose to fill out a provided form and return it to them so that Al or one of his staff can talk to BOA about our MHA application and process.
Do I feel better…Not really. The letter also gives info on who to contact if we are in foreclosure, which we aren’t and also asks what we would like them to do for us…
Nice sentiment, I have a few choice ideas to give them but that statement kind of tells me that they are powerless to do anything, which I already knew.
The Bankster’s, among others own our government. We do have some good and decent congresspeople but it’s the leaders of both parties who are puppets to the banks and Wall Street, politicians like Dodd, Schumer, McConnell and others will never let Senators like Franken, S. Brown, Sanders, Merckley or Dorgan do what is right by and for the people.
If I were wrong we would of had stronger bills on financial regulatory reform, health care reform and credit card reform.
Debating whether to fill out the form provided by Senator Frankens staff, don’t like the idea of giving out my mothers social security number.
Waiting until November 2nd to see if our negotiator calls back within 7-10 days as she promised.
I need advice. I have a fc hearing scheduled for Thurs. according to the papers I was served from the fc attorney. However, anyone I speak to at BOA says they do not have a date set….I think they are afraid I will show up. Supposedly fc have been suspended (or have they?) but I have received nothing in writing from the attorney or BOA stating this. As of right now, I plan to attend the hearing with the guns I think I may have… loaded. My question is, should I file something before the hearing and if so what? or, go to the hearing?
Thanks for the opinions.
Also, if I may I would like to offer a couple of resources that I have found extremely valuable in explaining exactly how all of this ties together on the investment end of things. http://www.khanacademy.org If you look under finance you can select information based upon your level of understanding.
AB
Amy,
This is not “legal advice”, but a strategy to buy you time.
Here’s what I’d do: Go to the Clerk of Court’s office to determine if any proceedurehas been filed against you. If so, find out the particulars so you can make plans to attend. You are in NC, so they HAVE to give you evidence the notice of foreclosure was published twice and offer you a provision to reinstate. Find out who the “paintiff” is. Most likely it’s MERS.
Here’s where it gets tricky: Find your original mortgage deed of trust and look for MERS as a beneficiary, GOOGLE Georgia lawsuit and print a copy to present at your hearing. Tell the court this exact scenario is being challenged all over the US and NC Atty Gnl Roy Cooper’s office is investigating it as well and you are asking the courts for a temporary STAY. Describe to the court how a foreclosure will do you irreparable harm while any stay implemented by the court cannot cause the bank harm of any significance.
That’s what I think..
Keith,
Thank you so much. That is just the advice I was looking for. I have all of my original paperwork. MERS is the beneficiary but BOA is the one that has done all of the filling. They are just by passing MERS like they are not even on the deed. I know there are issues with MERS being able to file FC paperwork but I would think being listed as the “sole beneficiary” they would be re-assigned or acknowledged in some way. Who knows????
Thanks again,
AB
AB …
Maybe I don’t have enough caffein in my veins yet, but your post is sounding a bit cryptic. There’s gaps in your information.
Since all these laws are State-by-State, that can be an important factor. It was suggested (and it’s a good idea) that we put our State name after our blog name, so that others in our State will know.
If you’re at the foreclosure hearing stage, that’s fairly easy to figure, but what are your “guns”? Did you file a RESPA/TILA letter and have the information? Do you have information on the “chain of transfer”? A copy of the “blue ink note” or the mortgage agreement or the modification agreement? Do you have a Timeline of Events to present to the court? Are your elected government official involved? And do you have their correspondence? Have you filed complaints with the OCC or State Attorney General? Do you have specific financial reasons, and proof to back it up, that they don’t have the right or reason to foreclose?
If it’s a foreclosure hearing where the bank is filing against you, it’s a “defense” situation. You’re defending yourself against the bank. If you file something, you become a “plaintiff” and the bank has to defend itself against you.
If you have a stack of evidence and proof like the items I cited above, you can mount a “defense” against their filing. If they’ve done something wrong and you have the proof of it, you can accuse them and file a complaint or complaints to counter their attack …
“Not only don’t they have the right to foreclose, but they committed wrongful acts, and here is my proof …”
The first half of that statement is the defense and in the second half you become a plaintiff. The football/military expression “The best defense is a good offense” is just as true in court as it is on the playing or battlefield.
I’m sorry if this all sound basic or rudimentary, but you asked if you should even GO to the hearing … ummmm … YES. You’re being accused of something. If you don’t show, all the court can do is believe you’re “guilty” and will side with the bank.
If you show up with your “guns loaded,” the court will not only see that you’re prepared to defend yourself, but possibly even accuse the bank of monkey-business.
Any plaintiff will want you to either be ignorant and ill-prepared or … better yet … not even show up … THEY WIN … hands down. Frightened, ignorant and cowering at home is PRECISELY where they want you. That spells easy profit … road kill.
Remember, BofA had losses in some quarters of 2009 (overall profit of $6.3 billion for the year), then sprang back the first quarter of 2010 with profits of $3.2 BILLION. You have to wonder how much of that springing was [alleged illicit] foreclosures.
“Fighting” means not just GOING to court, but going to court loaded for bear … the bear being the bank … and the ammunition being your paperwork proof and specific accusations.
I also felt compelled to comment on your Khan Academy link.
Seems to have a reasonable amount of information. I don’t have a ton of time today, but took a few minutes and glanced through. I found what I would consider a FATAL flaw in one of the videos …
http://www.khanacademy.org/video/wealth-destruction-2?playlist=Finance
He talks about Destruction of Wealth, but just skates over one CRITICAL fact. The $100K homes were illustrated as being sold as sub prime for ten times their value without a single thought to how or why other than citing an over-inflated bubble… but also implying that this wealth destruction ONLY comes from sub prime lending.
First of all, I believe and contend that sub prime lending only consists of a SMALL percentage of foreclosures and that the definition of “sub prime” is INCOMPLETE and distorted.
Secondly, who the hell inflated the bubble? Homeowners?? Hardly! It was … undeniably … the banks and Wall Street. This entire financial model implies that the HOMEOWNERS and their “sub prime borrowing” was to blame.
NOT.
Frankly, I’m getting a little tired of this mantra. Fine, “some” sub prime mortgages were sold and contributed to the trigger … but what about US? What about those $100K homes that DID NOT get sold or resold and are facing foreclosure anyway? I’m getting VERY tired of being lumped in with what’s been called deadbeats, but who can also be considered VICTIMS of predatory lending, or victims of over-inflated values, and the buyers had nothing to do with the over-inflating and simply needed a home.
What about people who merely sought a modification on a long term mortgage and were SCREWED? Even if you discuss the sub prime borrowers, what about the fact that they TRUSTED the banks and got SCREWED?
Are we all lawyers and even READ the fine print? Sure, we should be aware and even cautious, but the banks are LEGISLATED to BE trustworthy. Where do you think this blind trust COMES from?
There’s a ton of blame in the academic and financial communities on people who either walk away or just stop paying. How many of those people were FORCED to walk away on the verge of “going postal” by bank taunting? How many did everything they could but were defrauded and booted into the street?
Where’s the discussion on THAT?
I’m all for the investors bitching and suing the banks … but let’s stop calling homeowners names in the process. We’re victims, too. In fact we were victims FIRST.
Don,
I am sorry if my post seemed cryptic but I am not sure what I should post on here. I did send off my RESPA letter. The attorney sent me a letter saying they had received it and were forwarding to BOA. I have not heard anything from BOA. I have contacted most of the organizations on the list you offered. I am working on an organized timeline. So, in short I am gathering my ammo. I have researched all paperwork and found an issue that I may be able to use. Its all I’ve got. I hope to consult with an attorney that will advise me.
I appreciate your offense/ defense explanation. That makes sense and it is something to think about. My main problem has been finding an attorney that is willing to do something that may require hard work. I would file suit against them today if I knew how and wasn’t afraid of losing on procedural issues. This is only the beginning for me as I have several loans with them. I will become a nuisance if nothing else.
Thanks for the advice.
AB
In regards to Jim Carters question as well as to all the rest of you…listen to this.
I am one person who has opted out of this MHA, not because I wanted to but because they denied me for not spending more then 31% of our gross towards housing.
I sent my RESPA and an amended one will follow as they did not comply with all requied, this is where it gets interesting they did not send me my most current escrow analysis for 2/2009 – 1/201o when I went online and looked for it what I found was that in the past 14 days they have gone in and altered my escrow account 3 times, I called my Lady in the infamous Office of the CEO who then in turn told me “she did not handle the escrow and that I had to contact them directly” imagine that once again going through the customer service hoops I thought I had long left behind…low and behold I was told by Kerri in escrow that all one had to do was inquire about MHA program, be solicited into MHA or apply for MHA and they automatically attach your escrow as if you have been approved regardless of the fact the we all know that is not likely to happen they go ahead and adjust and modify your escrow account to show you are in said program and yep your payments go up for 60 months you go from having more then enough to cover all your expenses ie. home owners and property taxes and reserve amount they calculate to all of a sudden showing you will be severly left with a huge shortage.
I demanded that Kerri do a new analysis and low and behold my payment went down almost $40.00 per month.
I know at this time I am in a different situation then most of you but I quarentee you need to look closely at your escrow and see what they show and call them on it…because they will make your funds disappear. good luck to all of you.
Bank Of America Fell On Foreclosure Fears
While most stocks seen gains on Monday, Bank Of America fell on fears of the foreclosure crisis. Bank Of America fell another 2.5 percent as there are more questions on just exactly how the institution handled foreclosures which has been the catalyst of the foreclosure mess in the first place. Bank of America (NYSE:BAC) closed on Monday at 11.16 on a volume of 326,176,122 shares.
Also for interesting damage assessment of BofA stock, look here:
http://www.businessinsider.com/manal-mehta-branch-hill-capital-bac-2010-10
Private-label mortgage bond holders have exceeded the 25% threshold of votes required demanding put-backs and the numbers are based on just 10% of the $1.5 trillion in bonds held. That $150 billion may prove to be a conservative estimate.
Anyone interested in BofA stock for $2/share? Hang on!
well what do advise since they got my house alredy folks
I could be wrong but I think the inflated bubble he is referring to is the overinflated appraisals ordered by the banks. The bank has a list of “approved’ appraisers that you can use. If your person is not on the list he must either be approved or he will not be acceptable. The bank also tells the appraiser the amount they need the appraisal to come in at. Therefore LTV can stay in check ect…basically what ever is needed to make the loan happen. This is where the predatory lending comes in. There were many people put into a loan product that they could not afford. The banks counted on these loans going into default. Making loans at 85-100%LTV was even better. They collect initial fees to start the loan, interest payments, late fees when you are late, (not to mention the other nonsense they charge). When you do default they collect mortgage insurance, (80% of the value- I think…which is where the appraisal comes in handy again) more fees and then they gain your property, sell it, make another loan and start the whole process over again with someone else. That seems to be the overall picture ..that I have anyway.
All the other crooked details…corps. created, MERS, mortgage backed securities ect. are just ways of getting around the IRS and minor legalities (which are not so minor to us… the homeowner). I am sure after the elections a certain bill will resurface…and this time it will get signed. That’s how I see it….I could be wrong.
Sorry, the previous comment was meant for Don….: )
Just by chance, does anyone know about the “FREEZE” on foreclosures with BOA right now?? I got papers 2 weeks ago and would like to know if BOA can still foreclose even though the FEDS have a FREEZE on all foreclosures till BOA has been investigated on all these illegal actions of foreclosures…… Thanks
I just setup with a credit counselor again but knowing BOA they will still try and take my home.
Jim–
I’d like to know the answer to your question also. About ten
or so days ago BoA anounced that it was resuming foreclosure
activity in 23 states in a week or two. If so–that should be about now. The 23 states are non-judicial where going before to get
permission to foreclose it not required. But whereas the 50
attorneys general are carrying out their own invertigation(s)–
at least in Texas– the AG has asked/demanded that BoA and
about ten other lenders/servicers substain while the investigation is going on. I assume this may be they case in other
states too. But this area is a little fuzzy and I am waiting for
some confirmation as to what is happening. In the 23 ‘n-j’
states I know that MERS has been increasingly under attack with a number of lawsuits filed recently. That may be putting pressure on BoA to hold off on more foreclosure activity. I am
expecting to to see a story on what is going within the next few
days. Some of my response I know is conjecture but it is what
I think is going on.
I go to court in the morning to find out when I have to move out.I have been to legal aid. Seems there is really nothing I can do at this point, other than beg Fannie Mae..(thats right..now Fannie Mae is taking over from BOA) for a little more time to move 30 years of my life. Why are our elected officials not investigating how people got to this point to begin with. All the Federal Progams that were set up to help the disstressed homeowner should be requesting copies of all remodifications rejected by the lenders-especially BOA. If they ACTUALLYworked WITH the homeowners, I’m sure half of us wouldn’t be in the situation we are in. Michigan is a non-judicial foreclosure state, why…heck if I know. I do feel that the attorney generals of such states should be looking into this matter even deeper .
Jim….I believe they have lifted the freeze in the non-judicial states….BUT…I’m in a judicial state…and I got a notice to accelerate YESTERDAY….so things seem pretty suspect to me…. They’re not going to ease up….they’re going for the throat….you need to snarl and show teeth…if you don’t ….they’re gonna “take” you…..
has anyone dealt with eviction yet
Any of you heard of Randy Kelton?
http://www.mortgagecrime.com
youtube.com/watch?v=PTg-lJIljwk&feature=related
Keith,
I heard Randy Kelton last week on the Alex Jones show. He made me feel better about not having an attorney that is for sure.
Keith!
You’re a genius!
I’ve been out of touch with Alex pretty much since last Fall. Glad you pointed me back at him. It’s only natural this would end up on his microphone.
And yep, AB, it made me feel better too about not having retained an attorney (yet). Mr. Kelton mentioned “pro se” filing and suits. That threw me a little, since I’d only heard the term, and didn’t really know what it meant … a person who files a suit without a lawyer … a CRITICAL point for many of us.
It was very encouraging to hear Mr. Kelton talk about that “occasional pro se litigant from Hell” … meaning people like you and me who have learned the system and hold even the judges to the letter of the law. He also states that pro se litigants can do things that lawyers never would.
My take on that is that we, as average citizens, are not “officers of the court.” We are not held to the standards of behavior of any bar association and are not worried in the slightest about our careers in Law. We simply want justice … but I’d imagine he meant much more than that.
Once he mentioned it, even as I listened to the broadcast, I Googled “pro se” and came up with this handy manual …
http://www.id.uscourts.gov/pro-se.htm
The Pro Se Handbook … how to go about it.
Now, it’s specifically for the United States District Court in Idaho, but I’m sure it’ll make interesting reading for the legal novice no matter where you are. I’m sure many of the principles and even procedures are “portable” to your jurisdiction. Naturally, that’s something to investigate and confirm.
Also … I found this in about 12 seconds. It will be interesting if other Pro Se guides emerge.
It sounds like it would behoove us to further our self-education and create a “Firestorm of Pro Se Litigants from Hell.”
Funny how the bad guys drag decent people into becoming “raging bulls.”
But this is my home folks. That’s an easy place to draw the line … and become a raging bull they’ll regret stirring awake.
Randy Kelton returns a week later (in 6 parts) …
youtube.com/watch?v=lm_qmqwigyI
Not really – just eager to help those situated in similar – “it’s what you do in a herd…”
Randy’s the real genius.
I’ve listened to him over and over and his points about the Note need to resound throughout EVERY case. When the bank claims to have standing on the Note and the Deed of Trust says differently, his line of questioning astounds me – he says questions to the bank in effect are, “Who are you in regards to the Note? Are you the principle or an agent? If you are an agent, we need to depose the principle to affirm you as agent. THEN, if you have standing, how did you acquire the Note? where is the chain of assignment?” Which adds the other facet; if they claim the Note was lost, from whom then did they acquire the right of agent to substitute which brings us BACK to the chain of assignment and agency and discloses an underlying element of fraud and corruption they and their attorneys won’t want to drag up and open before a just Judge.
There’s a requirement that the plaintiff must have a “pecuniary interest” in the litigation. If the bank cannot deliver to the court a complete chain of assignment of the Note granting them the right to foreclose or the assignment of agency from the principle if they are filing as agent, they may be ruled to have no “pecuniary interest”. That right there breaks the keel of their battleship.
To make it simple, “Where’s the Note and how’d you get it?”
Jim,
I have a hearing this week and according to the clerks office nothing has been changed in their system. You can call the clerk of court and ask them. If you are in a non-judicial state you should have a hearing first. I agree with Tammy they are not going to ease up….so we can’t either.
DO NOT BELIEVE that B of A has stopped foreclosures. I live in OREGON, which is suppose to be one of that states that is still in “their” freeze.
I spoke to B of A via my HUD counselor, on a conference call, and she and I were told that the property is still set for an auction date of Nov. 24th.
Same day, right after that conversation, my “negotiator” at B of A called and I asked her if the forclosure had been put on hold, due to the freeze, and she said no that it was still scheduled for auction on Nov. 24th.
Let me say it another way……….DO NOT BELIEVE A THING THAT COMES OUT OF ANYONES MOUTH, THAT IS CONNECTED WITH BANK OF AMERICA!!!!
Lauren …
And you’re right not to.
The RESPA letter holds one of their feet to the fire. It’s in the “black ink” law that they’re required to answer you, in every detail. You’re literally “entitled” to it by Statute.
Picture that now, a bare foot being held to flames making them act as they should to avoid the pain. If they don’t answer it, in a timely fashion as defined in the law, and thoroughly, according to Statute, you can bring in the other foot … and sue.
Facts, figures, charges, fees, justification for every penny, and every scrap of paper that proves beyond any reasonable doubt they have the right to do what they’re doing down to the smallest detail … or you sue their asses back into The Stone Age.
.My grandmother and myself got a loan with Bank of america she was retried and I am disabled so our income was ss and ssd at the time of the loan she put up the house she worked hard to get.she was well in her late 80’s and had been unabled to worksince 1997 due to an incureable disease .back in 2006 she past away so I am struggling to pay the loan . I made an attain to do a settlment with the bank but do to I had made my payment on time and not been late they would not do a settlment with me . I feel like we probably should not have gotten . and did not think it would get it but we did, the house value was not high it appraisal was low . others have said it was not a fair deal due to our income. and her age . health and mine. so if there is any way any one can help me in any way . please help me . we were taken advantage of !!!!
To Don and others: Will this work for a RESPA letter? Do I just send it to BOA customer service?
October 27, 2010
Loan Number: XXXXXXXXXX
Name: XXXX XXXXX
Subject Address: XXXX XXX XX. XX XXXXXXX, XX XXXXX
To Whom It May Concern: Please accept this letter as a “Qualified Written Request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA) to obtain copies of ALL documents pertaining to the origination of my current mortgage on the referenced subject property above. Please see below for a list of documents needed.
§ Initial Loan Application and Final Loan Application
§ Executed Notice of Right to Cancel (if refinance)
§ Deed of Trust/All Riders
§ Note and All Addendums/Riders
§ Truth-in Lending Statements
§ Itemization of Amount Financed
§ Good Faith Estimates
§ Estimated and Final Closing Statements (HUD)
§ Appraisal
§ Title Report
§ Grant Deed(s)
§ Copy of Loan Payment History – This must include all payments made, all fees incurred, any and all escrow account disbursements and how payments were applied
In addition to the above, please forward any and all disclosures, rate sheets etc. associated with the above transaction. Please note that all copies need to be clear and legible and all documents should be copied in their entirety. In closing, We/I understand that under Section 6 of RESPA you are required to acknowledge our/my request within 20 business days and try to resolve any issues within 60 business days. Please forward requested documentation as soon as possible and we look forward to working with you on a solution that benefits our mutual concerns. Thank you for your time.
Sincerely,
XXXX XXXXX
Don, I meant to ask should I mail it to BOA, attn: Customer Service or to Home Litigation Dept or…?? via registered mail?
I found a few different templates for a “QWR” letter online, one mentioned that I should explain why I am sending the “QWR” who I’ve talked to at BOA, how I tried to resolve the matter. The one above seemed more straight to the point.
I thought I read on another page of comments a list of other places I should also mail the “QWR” letter, it may be wrong but if not why would I do that? Again forgive me for my ignorance on some of these matters and questions!
Up late as you can see. Being unemployed, dealing with BOA and the recent death of a close friend that I’ve known since Kindergarten makes it hard to sleep sometimes.
One good thing, the only good thing about being unemployed is that I have a lot of time to assist my mother on her nightmare with BOA, other wise she would be on her own to deal with this bankster hell!
ok…just back from day one in court of the eviction. Seems as though someone at the bank wanted an adjournment for one reason or another. I hope its not a smokescreen. However, there may be a lawyer here in michigan that would take on a suit with BOA. I need to find as many people in michigan that have been involved in this nightmare. Please come forward if you are interested.
Their plan hit a snag…..you showed up.
told u folks seen all this a year ago ,chapter thirteen 7 one attorney wont do
Everyone…we need to continue this forum!!There truly are some angels among us.
i wrote that letter to B O A; i receved the response yesterday:
” you have no legal authority that supports your claim that you are entitled to view the original note, and we are not aware of the existance of any such authority, accordingly BOA declines this request”
“in liew of allowing tinspection of the original copy of note we have enclosed herewith a true ad correct copy of the original note dated 8/26/08”
?????????
what does that mean?
Daisy …
As far as I know you can cite …
Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e)
Title 12 § 2605 (e)(1)(B) (e) and Reg. X § 3500.21(f)2 of the United States Code
Truth In Lending Act [TILA] 15 U.S.C. § 1601, et seq
Title 62 of the Revised Statutes, RESPA, TILA, Fair Debt Collection Act, HOEPA and other laws
12 USC 3754
To my limited, amateur knowledge, that would put the statement “you have no legal authority” into the category of a LIE.
Hello Don S. Just wanted to tell you that I truly enjoy your knowledgeable comments and advice on this forum, you really seem to know what you are talking about. We have been going through pure hell with Bank of America and they have practically violated every law against us and we wanted to initiate a lawsuit against them sadly we do not have the financial resources to do so and there is also a venue issue since I live in Florida. It was suggested to us by an attorney here in Florida that our best option will be to wait for us to get our foreclosure notice and then countersuit because it will be much more cost effective for us. I was wondering if you have any idea how much money we can actually sue them for in this type of countersuit. They have violated RESPA, TILA, Fair Debt Collection Practices Act and have also commited fraud with malicious intent with our payments and escrow and loan modification misrepresentation. They have never corrected any issues for which I have sent several QWR’s in the past few months including a demand letter from my previous attorney in July and nothing was ever corrected. I have been going to a psychologist due to this and my husband even got shingles due to the stress. We have a disabled 6 year old boy and will have nowhere to go if we get kicked out. Looking forward to your response. Thanks in advance. 🙂
Daisy-
Read this article. This is an awesome site with directions on what you need to do next.
http://www.consumerwarningnetwork.com/2009/03/10/what-if-your-lender-cant-produce-the-note/
Their’s is another lie, an evasion attempt claimed from ignorance. If you have reason to believe or suspect there is a questionable signature on an instrument of which you are financially liable, you have the right to demand proof of signature and that burden falls upon THEM to prove the liability.
No signature? No pay. That’s simple.
I’m not a lawyer, but I’ve got the common sense to see through their lies and to know what’s not right.
3-308. PROOF OF SIGNATURES AND STATUS AS HOLDER IN DUE COURSE.
“(a) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under Section 3-402(a).”
Tony …
In my amateur opinion, it should probably work fine. Seems fairly thorough.
I have a fairly substantial “but” though.
I chose not to go with “short and sweet.” I didn’t employ the “KISS” rule … “Keep It Simple Stupid” … which is attributed to Henry Ford. It’s fine when you’re building cars, but I’m learning that it’s probably not prudent when you’re building a lawsuit.
You want EVERY GOREY DETAIL in black and white. I’m probably more guilty that anyone of generalizing, but it seems the legal system doesn’t work that way.
You’d think you’d be able to say to your “opposition” … “Ok, send me everything that proves that what you’re saying is true.” … but that doesn’t seem to be the way it works. Courts seem to want you to drag out every blinking detail.
It seems as though a viable defense can be “Well, they didn’t ask about that” … and because of that, a court won’t necessarily consider critical details that prove your case. You didn’t specifically point out those specifics to the court.
Kinda crazy … yes?
Send your condensed letter if you like. Be sure to run it under the nose of a lawyer. You can email me about how to get a quick opinion from one … donsweet@verizon.net.
But frankly, I’d email to get the 15 page QWR from me. It’s the “no stone unturned” approach.
Instead of just grabbing the pick-pocket’s hand … your rifle through HIS pockets.
As far as who to mail it to, I was “escalated” to the Office of the CEO and was assigned a specific negotiator and “customer advocate” (a distinct misnomer), so I had specific names. You should to.
If you’re just in “Customer Service” (another misnomer, since it’s literally their collections department), you won’t likely have a specific name … but you NEED one … or two or seven … to send to.
Did you get your State and Federal politicians involved? Did you file a complaint with the OCC or your Attorney General? Did you get “escalated” to the CEO?
You probably should.
Interesting thing about the recent discussion of filing suit “pro se” … meaning filing yourself without a lawyer …
When YOU sue, personally, you can NAME NAMES. You’re not held to the same standards as a lawyer. You can sue EVERYBODY, including the “negotiator” or “customer advocate” or even the court itself if they contradict the law, by filing criminal charges against even the judge. You can name ANYONE on ANY paper that relates to your mortgage.
My overall point is the fact that the legal system requires you to be SPECIFIC in every detail, from mentioning every scrap of paper by name, every fact or figure by its definition and every person, place or thing related to your case.
Example: If your mortgage is assigned to a “customer advocate,” who literally does not actually “advocate” ANYTHING on your behalf, and this person is fully aware that their job is to collect funds for the bank, you can sue BOTH the bank AND the INDIVIDUAL for “false and misleading statements” and “misrepresentation” (among other things) …
… but you need to cite the specific details of WHY it was false.
A highly detailed RESPA/TILA Qualified Written Request letter will help draw these things out into the open. My recommendation is don’t leave ANY opportunity to sidestep a SINGLE detail.
well I could be wrong on a few things.as a great american once said”I have not yet begun the fight!”So you people may need to file a chapter 13 or 7.
Ha!
Deleon … your immaturity and simple-mindedness are a constant source of entertainment.
Tony …
I neglected to address your question about why you would bother sending copies of your RESPA letter to anyone besides the bank.
Funny thing … I’m glad you asked that question. Frankly, it never even occurred to me NOT to send it to everyone under the sun. It challenges me to define the reason.
One critical contributing factor to how we got into this situation … being taken advantage of … is awareness. We weren’t aware that banks were capable of such deception, politicians weren’t aware that so many people were affected, regulatory agencies weren’t aware that violations were being perpetrated, the public was oblivious to much of any problem, courts thought everything was “just fine” and granted foreclosures … and so on.
Part of copying so many people on your RESPA letter is simple awareness … BUT … it also has to do with ACCOUNTABILITY … and not just holding the banks accountable, but holding anyone remotely connected with the responsibility of overseeing the banks’ performance and behavior accountable, too.
The banks (and the entire financial structure for that matter) are getting away with murder because people (at all levels) are neither aware OR exercising their responsibilities to make sure these institutions behave and act properly.
You CANNOT “assume” everybody is doing the job they’re expected to do.
Not to babble on about this, but many of us are raised to simply be obedient … to trust that The System knows what it’s doing and the “experts” and “professionals” will perform their duties with expertise and professionalism.
They love it when we think that.
“Leave it to the professionals” … “They know what they’re doing and you don’t” … “Get back in line and do as you’re told.”
Huh??
THEY’RE TAKING OUR HOMES.
Not only do I want to hold the bank accountable, I want to hold everyone who WORKS for the banks accountable AND the people who are responsible for HOLDING the bank accountable.
In other words … TELL EVERYBODY … and forget about embarrassment, or having people “mind their own business,” or maintaining ANY level of the SLIGHTEST trust in a SINGLE stage of The System. Once you discover a trusted institution is lying … which is legislated NOT to lie … how can you trust anyone who is charged with seeing to it that they don’t lie?
Sorry for using metaphor and analogy so frequently, but when you catch that pick-pocket, don’t just confront him. Make sure everybody within earshot knows he tried to pick your pocket.
I’ll repeat the RESPA letter copy list …
Federal Trade Commission
600 Pennsylvania Avenue NW
Washington, DC. 20580
Office of RESPA and Interstate Land Sales
Room 9146, Department of Housing and Urban Development
451 7th Street SW,
Washington, DC 20410
Office of Housing Enterprise Oversight (OFHEO )
RESPA REQUEST
1700 G Street, NW., Fourth Floor
Washington, DC 20552
Comptroller of the Currency (OCC)
Administrator of National Banks
250 E St SW
Washington, DC 20219
Larry L. Hattix, Ombudsman, Comptroller of the Currency (OCC)
Office of the Ombudsman
250 E. Street, SW, MS 9-3
Washington, DC 20219
Fannie Mae (or Freddie Mac if they “own” your loan)
Mortgage Fraud Program
3900 Wisconsin Avenue, N.W.
Washington, D.C. 20016
U.S. Department of Justice
Glenn A. Fine, Inspector General
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Both Federal Senators (Google)
Federal Congressperson of your District (Google)
Both State Senators, or the State Senator responsible for your district (Google)
Your State Assemblyperson (Google)
Your Attorney, even if they aren’t retained yet
Your State Attorney General (Google)
Your District Attorney’s office
Check for specialized lawyers under the DA (Google)
The Sheriff’s Office of your County or Parish (Google and name the Sheriff)
Your County Commissioners
Any media people aware of your case
and local bankruptcy attorney
Don–
Did BoA know that your letter was going to all these people/places (ie. cc)? I would think you’d want them to know that you are dead serious. And did you see the response from
‘diasy’s’ –‘show me the note letter’ above telling her she had no right to eyeball the original note? In other words–they do not
have it. But the larger issue is BoA’s refusal to even
acknowledge her rights. What do you think?
Regarding ‘daisy’s’ letter on seeing her original note, I have just
seen your reply to daisy–thus no need to further comment on her issue. Thanks.
but–Did you do a cc at the bottom of you RESPA letter?
Bob …
Yes, I had an unmistakable CC list on the bottom of my letter. And yes, I wanted them to clearly see they were being scrutinized, and by the highest authorities possible. Not only that, I realized there were others I could CC and sent out about 5 more packages after I sent the RESPA letter. You got to see the finished list, which even included the recently added County Commissioners.
As far as Daisy’s letter, I listed the Statutes that are cited in the long RESPA letter I have available. If you like, I can relist them, including the clauses that mention why they require a mandatory response by the bank. I’m sure an attorney or even deeper research could get more specific or clarify. I more-or-less tapped the most immediate source.
The statement to Daisy by the bank, from everything I’ve learned and everything she’s told us, is an outright, blatant lie … hands down. There’s a parade of both national articles and lawsuits over precisely that. Unless it’s not HER mortgage, they can’t evade producing the note. It’s legally impossible for them to make that claim given the facts.
Frankly, I had to sit a few seconds with my chin cradled in my hand, reading my words, amazed that I even had to type them.
They’re denying one of the lynchpins of contract law? That you don’t actually have to produce the contract?
Amazing.
“We have a deal, but you don’t have the right to ask to see or read the deal.”
Who trains these people?
The Captain Barbarossa School of Contract Law aboard the Black Pearl?
Thank God their arrogance will be their downfall. This is actually getting easier because of it … and it seems we’ll be lumping courts into this bunch as we go along.
Don S–
Yes–I was blown away by BoA’s repsonse to daisy’s letter.
If you can–why not relist those RESPA stautes you
mention. And If you could take a quick glance at my RESPA letter once it is completed early next week–just to see if
I may have left something important out or could somehow
strengthen per your experiences.
I have yet to tell my story but it goes like this: I have been trying to get my loan modified for over two years! Being a
stoke victim awaiting expected disability benefits (in Jan)
I needed to stall for a little time. I went around with my
initial servicer (Wilshire) for over a year and was able to fend
off a few foreclosure sales. I was granted a loan mod in Feb
but did not like (nor could I afford) the payments. I asked
Wilshire if I could continue to negotiate a more workable
arrangement under the coming (in Mar) new HAMP guide-
lines. They said I could. They asked that I submit more document updates and a few new forms. I did. And as you
would expect I did not hear from them for months. Then one
day I got a letter in the mail from BoA–my Wilshire file had
been transfered to BoA. (Wilshire was bought out by IBM).
So in essence, BoA is not honoring the committment Wilshire gave me to continue toward a workable mod. In
fact they told me I was ineliglbe to participate in HAMP because I was offered a loan mod and refused it. This is a
blantant lie. I am expecting a new round of efforts to take
my house. I have gotten a ‘demand’ for payment letter. I
wonder if they slowing down their efforts because I have not
gotten an ‘acceleration’ letter yet. Anyway–and thanks in part to the many stories and resulting ideas put forth in this thread, I am putting the defenses I can in place to fight these crooks. Bob Mc
Thanks again Don…I get what you mean by awareness…Although I believe storming the castle would be much more effective.
How much longer are we the peasants going to take before we rebel against our fraudulent financial and political system.
I say screw the corporate fueled tea party and start another party and call it the Shay’s Rebellion Party. For those who went to state controlled schools, you probably have no idea what Shay’s Rebellion was…Basically it is the same thing the bankster’s are doing now but back then they did it to returning revolutionary soldiers.
Learn more about Shay’s Rebellion here: http://homeofheroes.com/hallofheroes/1st_floor/birth/1bc3b.html
Hail to pitchforks, torches and guillotines.
Zippo my torch, will ya?
This is a horse of a slightly different color, but nonetheless a fiasco & tragedy unfolding with BOA. BOA is threatening my 80+ yr old parents with foreclosure due a 2nd line of credit that was not even opened by them! My parents have disputed this 2nd line of credit with BOA as fraud & have gotten the royal run around. BOA has not provided any proof of ID, video footage or copies of signatures, and they have changed their version of this alleged transaction several times. I will take advantage of the excellent advice to send letters to govt officials et al, but does anyone know of an excellent lawyer in the N VA area to help my parents?
Don S,
Would you please send mae a copy of your RESPA letter, If anyone else cares or would be willing to share anything with me in regards to BOA please send me any info
Thank-you
dkiehl@hotmail.com
thanks Dave
I came across this interesting article. I hope it helps some of you because it is too late for me.
http://www.consumerwarningnetwork.com/2009/04/17/who-is-mers-and-why-are-they-suing-me/
We received our modification papers in the mail….they are so straightforward that it’s almost alarming….I’m having an attorney look at them. Of course the payment is almost $500 higher than my trial payment AND they are extending my mortgage to 40 years. ::sighs::
Are you sure the mod is right for you?
Randy Kelton says these things are designed to make you fail and put you into immediate foreclosure without recourse.
Plus – I say you’re giving the bank its opportunity to “fix” its screwup and give them the upper hand, which otherwise possibly could cost them the entire mortgage.
Please view the six-part videos with Randy before you decide. Link is above somewhere….
PLEASE.
Guess what I got today? A motion for a continuance filed by BOA attorney. Buys us time to find a good attorney at least. Hopefully, we can do as Don suggested and switch to the offensive side of the field.
Amy,
Stay on top of it, BofA has been known to file continuances and while the homeowner gets the notice, in the meanwhile, BofA asks to rescind – reverting back to the originally set date, leaving the homeowner to miss their court date.
If it were me, I’d be prepared and be at the courthouse at the time that was originally scheduled and find out directly from the Clerk of Court and surprise the drawers off the BofA attorneys.
Sorry to be such a pessimist but these sleazy SOB’s will do anything to get before a judge without you there. That’s their game! don’t give them that chance!
Keith,
I agree. I am planning to go to the courthouse. I want a copy of the continuance with the clerks signature. What I have now came from the attorney and all it shows is that they have filed for continuance. I do not trust them either.
Last week I found out they did modify one of my loans in Aug. 2009. (which I do not qualify for by the way- non owner occupied property is not eligible for HAMP) But there is no wonder we are just now finding out about it…..there are NO signatures on modification agreement. They never cease to amaze me. You can not just change the terms of a loan. Geeez!
Have you researched all of your paperwork?
AB
Congrats AB! … was worried about you … and … “what Keith said” …
Fight the Good Fight.
Good!
Yes, I’ve checked the paperwork I have and it’s royally screwed up. I’m just biding time until I can see if what they have matches what I have and if they’ll propose a “fix” or try an underhanded one – my guess is the latter.
I plan filing suit “pro se” just as Randy suggests, because I neither trust them nor wish to enrich an institution as corrupt as they’ve made their’s.
Take the letter to court with you to prove to the judge the crooked, underhand they’ve attempted. If the judge sees through their attempt to deceive you, he will probably dismiss without prejudice, at least we hope he will.
Best wishes!
Go git ’em, girl!
Just a quick update. BOA did file for a continuance the day before my hearing. It was granted and filed. I did get a copy from the courthouse for my records. I now have until Dec to find an attorney or compile a case.
Thanks for all of the advice and for posting your stories. It certainly is encouraging to know that others are going after BOA as well. : )
I’m also going through this nightmare for the past 19 months. I have sent letters to everyone I can think of. I received a call from my congressman, I emailed him my many pages of notes with BOA included names of personnel that I spoke with along with a copy of this link. He told me that they would contact the president’s office. I havent heard back from them yet, but in all my dealings with BOA, I dont expect much if anything at all. My credit is ruined, and I am in no better place now than before I started this nightmare. I found an interesting article today about the same thing that we are all going through. There are only 6 responses so far in this link. I think it will be a good idea if we bring more attention to our situations, by also posting our comments in this article. http://www.housingwatch.com/2010/04/16/wamu-countrywide-damage-legacy-lives-on-for-homeowners/.
After waiting for over 6 weeks for the famous parmanent modification docs to arrived Nothing as of yet I believe is all BS I call for status today and got nothing is funny how you think that Barbara The CEO Of the Modification Dept makes you believe she is working for you and acts like she is concern and cares Now I know there all liers BOA employees are heartless they dont care for nobody but there selfs and there Job !!!!!! for the fourth time my sale date has been postpone now the new sale date is Nov 23, 2010 I been calling around for attorneys in my area and no one will take my case .. Am not giving up am still going to fight to the end if anybody now’s of any good attorney here in CA please related the information with me …
Thank you all and good luck……
Cammy,
Why is it you’ve not already enjoined the class-action suit there in Calif? Once you enjoin and the bank’s put on notice by the attorneys, I don’t believe there’s anything they can do until AFTER the case is settled. That could be a year or more.
GOOGLE “Berman” and “class action”, get in touch with them via phone, and let them know you want to enjoin. Let them contact BofA on your behalf.
Cammy …
Keith asks a good question. I can clearly see he’s concerned for your sake, and I’m sure many of us on here are, including me.
I know a lot of my posts are long and I babble on and on about this and that. Sorry about that. I don’t mean to complicate things.
You might not even like or want to read everything folks type on here. It might just be too much to handle. I totally understand.
It’s just that the situation IS complicated. We’re all just trying to understand it.
Like you, lots of us are almost screaming “I JUST WANT MY HOUSE!!” and we just want our modification and to get on with our lives.
It sounds to me like you just want this to be over, and you’re frustrated that a lawyer won’t help you. But Keith is right to point out Hagens Berman.
They have two offices in California. I just read (skimmed) the ACTUAL lawsuit they filed, and it sounds like it fits your situation. I’m not sure if you’re southern or northern CA, but the contact information is below. If I were you I’d CALL, not email. Email is too impersonal.
Hagens Berman
700 South Flower Street
Suite 2940
Los Angeles, CA 90017
Tel. (213) 330-7150
Fax. (213) 330-7152
Hagens Berman
715 Hearst Ave.
Suite 202
Berkeley, CA 94710
Tel. (510) 725-3000
Fax. (510) 725-3001
Anybody interested in reading the actual California lawsuit can see it here …
hbsslaw.com/file.php?id=525&key=d53ebf2d3fcd417e42101ae60336be3a
You’ll need Adobe Reader. If any of you are thinking about filing a lawsuit YOURSELF, without a lawyer (pro se), it might be an excellent resource (outline) to write your own suit, adjusting it to your case and your State’s laws. OR, your lawyer might use it as a foundation.
They also have suits in Washington State and Arizona, and you can read those also …
hbsslaw.com/file.php?id=521&key=c720a92a0dcb189e1a7fca40e6800b78
hbsslaw.com/file.php?id=523&key=afdeb3d04e551ec3c11acdb140950003
Hi Keith and Don
I already did all that I Post my story here about 6 months ago I been following this site for over 8 months after fighting and escalating my file to the CEO office for the second time I get all this bull am so tried but am still fighting am not giving up thank you guys for all your advised…..
Cammy
My Condo in Az. was supposed to “sell” or whatever at a trustee SAle in Phoenix, Oct.1st. I finally decided to call Recontrust, (a subsidiary of BAC home Loans Servicing). Mr. patel was in India. A couple days later I got a call from Simi Valley, where BofA’s whole “network” for this crap is operating from. The “Presidential Accelerator” I spoke to said it was to be up Nov. 17th. I told him I was unemployed and couldn’t afford any pmts.,He basically was trying to get whatever money he could out of me, anyway “He” could. I just worry if this is going to go on and on…Also, the HOA could come after me. (I’m pretty sure they’re in bed with these guys.) I’d only be 1 mth. late tho. Any warning signs out there? Possible scenarios? Should I go out to Az. and speak with the Court or whatever? Thanks, Bill….
I’m the Michigan woman who just wanted out of the program. Well I believe I have resolve. I’m so paranoid because of what they got away with and what they did I will never trust them with my mortgage. My saving grace was the BofA employees at the bank, on ein particular took notes and kept a file on what what said. After a few phone calls with the mortgage company I knew I was wasting my time so I went to my branch and asked for help, when ever I had to make a call I used their phone, told them I couldn’t continue using my cell phone minutes. I was fortunate enough to have employees who spent the 2 hours on the phone and heard the broken promises, they too were frustrated and amazed at the lies and incompentence, but handled it as well as they could. This went on since February and I just got it resolved…I’m still depressed because of the stress it caused in my life and like most of us I’m tired of the bs, but glad I didn’t let it drop. So now I get to work on my recovery my health was definitely affected, what a bunch of s… Good Luck to you all, I’m not done with this yet.
I have fought with them since 5/09. I have been approved for 4 different modifications later to be denied. I was never placed in a temporary modification. In June of 2010 I received my FINAL modification papers via FED-EX. I signed them, had them notorized, sent in a check for almost $1500.00 and made my first payment according to the modification August 1st. I have since made Septembers and Octobers payment. I called Monday to find out if they have updated my account so I can start paying my payments on line since they want to start charging me $20.00 to make a payment over the phone, which I am not going to do. Anyway I am told my modification has been cancelled but she dont know why and will have to send an e-mail. I called the presidents office. Spoke with a person there who told me my modification was cancelled 45 days ago, because they did it in error. No one with Bank of America has called me to tell me this. He tells me I need to get in the modification process immediately because they are going to restart foreclosures Nov.1st. How is this my fault? I thought once they accepted that first payment it became a legal binding agreement. Does this mean that if I do another modification a year later they can come back and say opppsss, we made a mistake, get out!!!!! I am stressed, sick all the time, and at the end of my rope and i dont know where else to turn. I have been fighting tooth and nail for a year and a half now and have finally hit a dead end. I am in Florida.. ANYONE, AND I MEAN ANYONE THAT CAN HELP ME PLEASE E-MAIL ME I am open for any and all suggestions. jennowe72@yahoo.com
Time to repost the “getting started” list, now with 17 points and slightly edited and cleaned up.
This is for you, Virginia, and any other newcomers …
The list below was accumulated from the experiences of a variety of people going through the same pain and similar circumstances as the stories being told here including myself. Unfortunately, these stories are emerging in the hundreds, perhaps thousands, coast-to-coast. We all have to learn what’s happening and how to deal with it, a sometimes painful, but revealing process.
You DO have rights. For the most part, this is NOT your fault. Hopefully, you’ll find this list informative and it will help you turn the tables.
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 research for additional information. Google is your friend. So is Wikipedia. Whenever you get legal terms you don’t understand, look them up so you know what they mean.
1) If you haven’t made a journal/diary of your mortgage modification 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.
2) 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 “1)”.
3) 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.
4) 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.
5) 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 the bank. 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.
6) 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.
7) 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 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.
8 ) Find as many people as you can in your State that are going through this AND keep in contact with forums like this or others. 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.
9) 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.
10) 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.
11) 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.
12) 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.
13) Learn about, compose and send a RESPA/TILA (Truth in Lending Act) qualified letter, or “Written Qualified Request” (QWR) to the bank and other regulatory agencies, and include anyone (politicians) who might be monitoring your case (see below). The Federal government REQUIRES banks to provide you with DETAILED information on your mortgage.
RESPA is explained on these two government sites –
hud.gov/offices/hsg/rmra/res/reslettr.cfm ftc.gov/bcp/edu/pubs/consumer/homes/rea10.shtm
Samples of letters can be seen (copied) here – http://www.nololawlibrary.com/foreclosure/7-2d.shtml http://www.foreclosureindustry.com/2009/08/qualified-written-requests-respa-and-mortgage-servicing/ http://www.scribd.com/doc/11903044/Respa-Letter
Insert your personal information, rewrite the opening paragraph(s) to describe your personal concerns, and customize the “demands” to your own case, preferably with the help of a lawyer.
DO NOT send via email, and use the Postal Service, certified mail, return receipt requested. Copy all related people/parties the same way.
See below for a suggested list of Carbon Copy (CC) recipients to a REASPA/TILA letters.
14) Also … 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.
15) 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.”
16) Consider stretching your budget to file an INDIVIDUAL lawsuit, rather than being lumped in with a class action. Jamming up a bank’s legal department with multiple suits is far more effective than allowing them to combat one class action. A class action puts you in a barrel with all the other fish.
It’s also been suggested that you can file yourself, without an attorney. It’s called “pro se.” When you sue personally, you can name names. You’re not held to the same standards as a lawyer. You can sue everybody, including the “negotiator” or “customer advocate” or even the court itself if they contradict the law, by filing criminal charges against even the judge. You can name anyone on any paper that relates to your mortgage.
But if you can’t file individually, keep in touch with people in your State. You can’t simply “put-your-name-on-a-list”. It’s not that easy. You have to work to FORM a class action suit. For the moment, no Federal class action exists and they MUST be State-by-State. Band together and hunt hard for an attorney who will take it on.
17) There’s also been the suggestion that you file bankruptcy. Bankruptcy is a complicated and often expensive process, and not everyone qualifies … as described here …
http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter13.aspx
It can be a difficult decision, time consuming and possibly expensive, seriously affecting your credit for years, but a solution none-the-less.
Suggested recipients to RESPA/TILA (Truth in Lending Act) Written Qualified Request letters —
Federal Trade Commission
600 Pennsylvania Avenue NW
Washington, DC. 20580
Office of RESPA and Interstate Land Sales
Room 9146, Department of Housing and Urban Development
451 7th Street SW,
Washington, DC 20410
Office of Housing Enterprise Oversight (OFHEO )
RESPA REQUEST
1700 G Street, NW., Fourth Floor
Washington, DC 20552
Comptroller of the Currency (OCC)
Administrator of National Banks
250 E St SW
Washington, DC 20219
Larry L. Hattix, Ombudsman, Comptroller of the Currency (OCC)
Office of the Ombudsman
250 E. Street, SW, MS 9-3
Washington, DC 20219
Fannie Mae (or Freddie Mac if they “own” your loan)
Mortgage Fraud Program
3900 Wisconsin Avenue, N.W.
Washington, D.C. 20016
U.S. Department of Justice
Glenn A. Fine, Inspector General
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Both Federal Senators (Google)
Federal Congressperson of your District (Google)
Both State Senators, or the State Senator responsible for your district (Google)
Your State Assemblyperson (Google)
Your Attorney, even if they aren’t retained yet
Your State Attorney General (Google)
Your District Attorney’s office
Check for specialized lawyers under the DA (Google)
The Sheriff’s Office of your County or Parish (Google and name the Sheriff)
Your County Commissioners
Any media people aware of your case
I am from VA and our family are going again thou this nightmare. We thought that we were approved in BOA loan modification on November 2009. On May 2010, BOA told us that we was not approved and the house is going in foreclosure this past June. We decide to fight for our house and took a loan from our 401K to cover the $9000.00 and the following month with a certified check, like the bank wanted. After they received the check, the following week sent a letter saying that confirming that we accepted their deal. The bank was going to reduce interest, the $9000.00 that we owed will be add total mortgage and the $12,000. that we paid ( with a month ahead) will cover the month of May to Oct. Our next due payment was going to be in November. This week when we called to ask where to send the payment and what was the amount, “Mary” told us that we were not approved and the house if going to foreclosure since we had not made any payments and refuse the offer that they give us because we were not accepted for the deal that the give us. I had it an about to give up, leave my house and go with the damage in our 401 K.
I can not believe that it is nothing to protect us and allow the bank to get away with games like these.
Antonia, I am truly saddened by your situation and I would definitely sue the living daylights out of Bank of America. I also had to withdrawl all the money from our 401k in order to pay the mortgage for a month because it was taking forever to get approved for a loan mod. We were obviously being forced by Bank of America to default even more. We had only missed one payment so far (November 2009) and had to basically pawn and sell our stuff and also ask for small personal loans (that have to be paid back of course) to cover our expenses so that we could pay our loan. Just last month we stopped paying the mortgage all together because we cannot afford it. I am obviously waiting for my foreclosure notice anytime now especially since after waiting for three months for them to send me the copy of my Note, they finally found it and sent me the copy yesterday. They have caused us miserable agony and made us pay as much as possible so that they can just take our house when it is convenient for them. We are now penniless and will now have to save money to pay for an attorney so we can fight for our house. They really are a big part of why this economy is in the dumps. I hope they go under and never surface again. Once this is all over, our family is never to mention the words “Bank Of America” again.
Antonia …
I hope you find the list and suggestions helpful.
Maybe some of these processes will help undermine their intent and alter your perception of “nothing to protect us.”
chapter 7 13
I’m wondering if I sign this paper…if I can still fight….thoughts? With a sick husband…I don’t want to lose the house…but I’m not happy with this agreement….
Tammy,
Have you viewed the six videos of Randy Kelton I suggested? If not, please take the time.
“…but I’m not happy with this agreement….” That’s your cue.
You’re not dealing with the honest people of decades ago, Tammy.
Tammy, I have not yet seen a successful loan modification from Bank of America. I only hear horror stories of people eventually still losing their home after Bank of America gives them a permanent loan mod. I believe it is truly helpless with Bank of America and the only option is to sue them. I am hoping to sue the crap out of them and if by any chance they are forced to give me a loan mod, I would love to suggest that my loan be sold to another mortgage company if possible because I never ever want to deal with this evil bank again. Brian Moynihan and Barbara Desoer will pay for everything they have done along with BofA’s wicked attorneys and executives. If I were you Tammy, I’d be afraid, very very afraid.
hi,
i did use a previos letter that was posted on this site, and sent it to BOA, and YES im on the mortgage.
i dont understand why they are saying i cant see the note.?
what exactly would they be sending me if they did?
would it be the paperwork i signed at closing?
daisy.
ps… they did send me a 3 month trial mod? i sent in the first payment yesterday fed ex, (which is due next week) so they cant say im late.
lets see what happens….
Daisy …
They’re saying you aren’t entitled to the note because they LIE.
I can’t make it any plainer than that.
And, yes, they would have to produce the mortgage you signed (not a copy, but the actual ink signature), as well as every other scrap of paper connected to it, including what they call the “chain of transfer.”
Most of our mortgages were SOLD. They are FORCED BY LAW to prove … WITH the actual paperwork … that they have the right to foreclose … or even TALK to you.
You don’t have to be in foreclosure to “ask” for this documentation and proof. I put “ask” in quotes because it’s not “asking” at all. Legally, it’s a DEMAND, and one that carries PENALTIES if they don’t answer fully and truthfully.
As far as your trial modification …
Did you sign and return a Modification Agreement? Did they send it (usually FedEx) and told you to return it in the envelope provided?
If so, you have ANOTHER legal contract they are obligated to fulfill … in addition to the original mortgage.
Remember, some of us have been sending these so-called trial payments for as long as two years.
Usually they don’t report you as late, but as UNDERPAID, which can be as damaging (long term) as late.
Remember, just the fact that they go beyond the three month period (in my amateur opinion) is a breach of contract itself. At the very least, it’s a breach of TRUST, which is also regulated by Statute.
Which letter did you send in? I don’t recall seeing a RESPA letter posted, although I could be wrong. Personally, I HIGHLY recommend the LONG letter … 15 pages.
One thing to keep in mind, is that you’re not limited to only one RESPA letter. You can repeat (AND EXPAND) your demands for paperwork and clarification more than once.
And please, please, please try not to forget one very important word in all this. The HAMP program itself has reminded and insisted that banks work with customers until all avenues of finding a workable modification are EXHAUSTED.
If they participate AT ALL, they must adhere to HAMP guidelines EXHAUSTING all possibilities. That does NOT include just ONE offer, then giving up and foreclosing.
Here’s the exact quote from the HAMP web site —
“Certification Prior to Foreclosure Sale
Recently, several large servicers have taken actions to temporarily suspend foreclosures in a number of states, pending review of their internal foreclosure procedures. Treasury wishes to remind you that, as a participant in the Making Home Affordable (MHA) program, you are required not only to comply with all applicable federal and state laws, but as described in Section 3.4.3 of Chapter II of the MHA Handbook, you are prohibited from conducting a foreclosure sale until you have issued a written certification to foreclosure counsel or the trustee, attesting that all loss mitigation options have been considered and exhausted for a potential Home Affordable Modification Program (HAMP)-eligible borrower. Further, you are required to have a written policy describing how your organization will implement this certification. Adherence to these requirements is subject to audit by Treasury’s compliance agent.”
Just wondering:
Has anyone else noticed on any of their BOA billings or any other BOA documentation sent in the past that they sometimes have your account # with a zero in front of it or without a zero in front of it?
I noticed this on some of the paperwork my mother has received through out the year from BOA. Sometimes they have a zero at the front of the account number, other times they don’t have a zero, while the rest of the numbers are the same.
Is this normal? You’d think your account number would be consistent throughout the time of the mortgage. Why would they add a zero to the account number on some documents they mail but not others?
I wonder if they do this once you apply for MHA? I wonder if they have to separate accounts going to hide any irregularities on their part?????
I wonder if they do this once you apply for MHA? I wonder if they have two separate accounts going to hide any irregularities on their part?????
Tony Z, I have also noticed this. At times it becomes difficult on the voice activated system to enter either number. It will sometimes accept it with a zero and sometimes wthout it. I think it’s just one of their many deceitful practices. Since they sadly took over my mortgage in Sept 2009, I have seen my loan number with and without the zero.
Everyone, there is a blog regarding Bank of America and it’s abusive practices. Many months ago, John Wright filed a lawsuit againts Bank of America and he has been on a personal crusade to unmask Bank of America and it’s evil practices. On his blog he has posted recordings of Bank of America training sessions that clearly demonstrate that Bank of America is truly evil and lies to it’s customers intentionally. People who apply for a loan modification will be placed in what they (bofa executives)call the “black hole” and we will obviously rott there until they take our house. Mr. Wright has stated that anyone who wants to use these recordings in order to fight Bank of America in court will be allowed to do so. I have been following his blog for months now and he posts useful info. His blog is piggybankblog.com. He lives in California and filed his lawsuit with then help of ULG (United Law Group). We all need to stay informed. Bank of America is the most wicked of them all and just to prove how money-hungry they really are they initiated foreclosures again super quick. If only they can fix all the crap they have done to me and others and also give us a loan modification so quickly. They will only act quickly when it is in their best interest. Boy, do I hate them!!!
Isabel, it is a great site, John is going all guns against BOA but after doing a bit of research, his claim that our loan modifications are being delayed because of what is written in the “Home Affordable Modification Program: Servicer Documents: Making Home Affordable Handbook” link here from his site:
ww.hmpadmin.com/portal/programs/hamp/servicer.html
Seems to be just a guideline for when servicers are dealing with non-GSE mortgages. So the 95% of us who have GSE’s and who are still in limbo are in limbo because BOA s*cks! Not because of some grand conspiracy hatched by F&F and the US Treasury Dept…at least I hope not.
Hi Tony Z. It is a great site and I agree that not everybody is getting a delay for these reasons, I guess I am not either. I have been lied to repeatedly, insulted and deceived by BofA and their reps regarding a loan modification since December 2009. My papers have lost, found, incomplete, received…. you name it. It is truly disturbing to know that for months I have been sending these morons my personal info on all these documents which include all my personal info including my children’s social security numbers on our tax returns. To think that my personal information has been used to possibly scrub the toilets, from desk to desk and exchanged hands a million times or possibly even thrown away so anyone can have access to it is truly disturbing. They are supposed to treat our personal information with the most outright care and they are careless most likely on purpose and should be held accountable. In regards to John Wright’s website, I know that he is doing his very best to fight this monster (bofa) and all it’s evil components. Bank of America is has even hired an investigator to dig into his personal life which I truly find disturbing and actually shows that they have sooooo much skeletons in the closet that they have to actually go above and beyond to portray their customer to be the bad guy. I personally believe that BofA is just not giving us modifications because they are just that evil and make money off of everyone’s tragedy. They need to be destroyed and I am glad that at least Mr.Wright is standing up to them and not afraid. I am personally going to fight them to the finish.
MUST READ FOR ALL!
Get ready for your jaws to drop to the floor! I don’t know if anyone has posted a link to this web site but it explains in alarming detail what exactly is going on and why we aren’t getting loan modifications and who is truly behind it…Fannie & Freddie along with the US Treasury Department!!!
piggybankblog.com/2010/09/01/bofa-why-home-loan-mod-delay/
When I went with my mother to attend a seminar on the HAMP program through our county, I clearly remember that the first step one needed to take was to find out if your mortgage went through Fannie or Freddie, that it needed to be in order to qualify for HAMP.
Does anyone else remember reading or being told this?
Now in the link above it has another link (PDF) of guidelines from Fannie & Freddie to be used by the servicers (Banks…not us). It clearly states that mortgages held by Fannie & Freddie DO NOT QUALIFY for HAMP!
It also states that estimates show 95% of all mortgages are owned, held or control by Fannie & Freddie, which leaves 5% of home owners who actually qualify for HAMP. The site above shows a key timeline of events beginning in Aug. 2008 when Fannie & Freddie restructured its attorney foreclosure process. Goes on to say HAMP was created after TARP to recover toxic assets.
Remember all of the foreclosure help commercials and ads on TV, print and radio, following HAMP? Remember how foreclosures skyrocketed after HAMP’s creation?
We are suing the WRONG people!
We should be suing Fannie & Freddie along with the US Treasury Department!
Now the sneaky way that congress tried to pass HR3808 makes more sense! We must be vigilant and see if congress tries to sneak it through again during the lame duck session. Perhaps President Obama sent the bill back to congress because we the sheople let him know we were on to these corrupt bastards we’ve elected????
One more thing…If you sign trial period paperwork, there is wording in there which strips your right to sue MERS….
PLEASE READ THE LINK ABOVE. WE MAY HAVE TO UNITE AS ONE TO FIGHT A BIGGER MONSTER…OUR OWN GOVERNMENT!
tried to tell you people the last guys it (post)…you can letter all you want .LIKE I SAID HAVE DONE ALL THIS A YEAR AGO.i dont like to be a ball buster but they will get your house.it may be to late for bankruptcy….dont you see they new they had to bail out BOA thats why you get the run around at customer service.like i did .so don i posted my phone on here months before you got here .alot of calls some from people in gov.And the piggybank guy has left the building at web site.look real close.a class action firm has to champion this shit
THE LETTER I WROTE THEM, WAS ONE I COPIED OFF THIS WEBSITE… REQUESTING DOCUMENTS INCLUDING WHO HAS MY NOTE.
I HAVE SENT IN 5 APPLICATIONS FOR LAON MOD/HAMP ALL WERE LOST. THEN I STARTED WORKING WITH HUD COUNSELOR SENDING THEM EVERYTHING FIRST, THEN THEY WOULD FORWARD IT TO BOA.
AND YES I RECEIVED A LOAN MOD TRIAL, ALONG WITH THE 3 COUPONS FOR THE FIRST 3 PAYMENTS.
I SENT THE FIRST PAMENT FED EXED AND TRACKED IT.
WE SHALL SEE.
I DONT BELIEVE ANYTHING THEY SAY….
MY LOAN IS FHA? I DONT KNOW IF THAT MAKES A DIFFRENCE OR NOT?
Daisy …
Overall, it shouldn’t make one hoot’s difference if it’s FHA.
These are mortgage contracts like any other contract.
All of this is regulated by Statutory Law and Federal and State agency rules.
The banks are told BY these laws and rules how they must perform AND what your rights are.
i dont know who don is but he is real winded…no i dont hate don…THIS SITE WAS SET UP FOR A CLASS ACTION LAW SUIT.NOT FOR TANGENTS AND BS.why when you speak to attorneys they say very little.those of you that have and by what i have read on here.the lawyers will just take your money.most of you cant pay house payment much less and attorney.this has to be pro bono by a firm.go to court house get papers (copies ) for when this shit hits the big fan.see what they have done ask clerk questions
I have a different issue I would like to get some opinions on. I had a contract on my home while it was in the “foreclosure” status. The process went on for about 7 months. The buyers cancelled the contract for reasons I don’t feel like getting into. Anyway, I have another contract which is going through the BOA approval phase. I have a sheriffs sale date set for November 1st. Next week. I am told that the sales contract will delay the foreclosure which I don’t believe. Secondly, if BOA does not hold my “note” and someone else does, how can these buyers actually BUY my home? If someone else is on the note and they are the true note holders, don’t they still own the home even though the buyers bought my home? I read on a web site that I had posted the link to a few days ago, that if I sold my home and I am released of the debt, I am actually responsible if the REAL note holder tried to come after me for payment of the monies due. Any thoughts on this? I was also told that Title Insurance protects me against this. I don’t believe anyone or anything anymore. I would really like to try and get my home back, but since there is a contract I am afraid it is too late.
Here is the link again. It explains it a little better than I can.
http://www.consumerwarningnetwork.com/2009/03/10/what-if-your-lender-cant-produce-the-note/
Beverely–
The items use raise are critical. I have heard differing opinions
and some hearsay on the issues in your post. I think that an
attorney needs to be consulted so you do not get left holding the
bag. Good luck.
Beverly …
This is one of controversial, hotly debated issues overshadowing the whole mortgage modification scandal … who actually owns the note/mortgage?
Basically, the banks don’t care if they have the right to sell your home or not. They just do it anyway.
There was a case recently where the bank sold the house, evicted the owners, and months passed. The new “owners” put $40,000 into improvements, but when all the controversy erupted over the invalidity of foreclosures, the evicted owners moved back in until the bank proves they had the right to sell.
“Possession is 9/10th of the law.”
This is very important. That’s why they are VERY thorough in asking if you occupy the property. If you’re in it, it’s harder to get you out, sell it, and profit.
Coast to coast on news outlet after news outlet, it’s being reported that the banks don’t care if it’s legal or not. They just do it.
One expression to apply to your questions is “You’re making entirely too much sense.”
The banks have made it very clear that they don’t care if it makes sense. They only care if it makes money.
You could easily sell your house, “settle” with the bank, and six months from now, the REAL note holder could come after you for your debt … you with no house to settle with the real note holder.
One thing you may be thinking is … “The system should be working.”
A lot of us thought that. But the fact of the matter is the system is seriously broken and there’s rampant profit-taking without regard to (legislated) process … the process you feel should be working.
And one clarification … Title Insurance does not protect YOU … unless you are specifically named as the beneficiary. Often the BANK is named as the beneficiary since they are the ones taking the financial risk and you possess the house (and you likely paid the premium). It would be revealed in your paperwork, should you have saved it, or provided by the bank, should they properly and completely respond to a RESPA Written Qualified Request that asked for it.
If you want your home back, it sounds to me like you need to file an “Immediate Temporary Injunction” with the court to halt all proceedings until this is all straightened out. Lauren discussed this two pages back.
THEN, get your RESPA letter in and find out what the heck is going on. That’s minimum of 60 days PLUS whatever time you require (demand) to review the RESPA information the bank supplied.
I am facing similar problem with BOA. BOA presumably aquired my loan from another mortgager this past spring then changed my payment to include escrow without prior notification. When I requested a modification to adjust my payment, they stalled for 3-4 months. I had my loan for 6 years previously and never entered any problem from my prior mortage co.
Ann …
Some have been going through this for two years. Personally, I’m going into my 15th month.
I’m sorry to report that you’re only in the initial stages of their “true” (alleged) intentions … to possess and profit from your home.
I’m really tired of this blog being filled with personal jabs…I’m here to share information….not watch people insult people….it’s getting old….stay on track people…or find a chatroom….I’m not interested….
Mega-dittos Tammy. (Oops!–I’m an independent).
Tammy your continued input has been appreciated.
To all:
I may have jumped the gun with my comment with the headline
” MUST READ FOR ALL! ” on October 28, 2010 at 12:28 pm.
It seems that the link that John Wright provides which sends you to the HAMP servicers guideline handbook is in fact for non-GSE mortgages.
I am not saying or implying that Mr. Wright was purposely trying to mislead anybody, but it appears, the link isn’t exactly proof of a grand conspiracy between Fannie, Freddie, the US Treasury and the banks (I hope I’m right).
When I first began reading John’s article which I linked above it sounded like you had to have a GSE mortgage to qualify for HAMP, but in John’s servicer guideline handbook it only states for non-GSE’s. At first glance one would think that indeed the 95% who have GSE’s would be in limbo and sucked into HAMP so that the Banksters could foreclose on hundreds of thousands of homes.
Again I apologize for any disinformation, I usually leave that to the Fox entertainment channel.
Just a little laugh in spite of things….Today I received a phone call from “mary” at boa. She called to inform me that they found the “problem” with the modification agreement that they sent me. She said the reason they haven’t honored it is because it is in my deceased husband’s name!!! HELLO Mary???……I have been telling you this since Sept of 09, and you told me to just sign them, notarize, and send back yet another copy of his death certificate!!! After I vented, I asked her to call my attorney with anymore details. She said NO! My job is to call you every 7 days to give “YOU” an update. I said it is illegal for you to contact me, because I have legal representation. She said I can’t talk to a lawyer, because it will only end up in a screaming match, they don’t understand!!! I WAS NOT EVEN SURPRISED! They never cease to amaze me.
Is Remus still on the board? If so…I would love it if you would email me…I have some specific questions that kind of “muddy” my situation in regards to my title. I’ve been given modification papers…and I don’t know whether I should sign them. tammyisfightingback@gmail.com
Thanks!
For any of you that have skipped the discussion of the RESPA letter, whether it was too complicated or you didn’t think you’d bother, I’d strongly suggest you reconsider.
Twice now, I’ve had hugely important responses from carbon copy recipients of my 15 page version.
The first was from my U.S. Senator, whom I’d never bothered to contact. I thought he’d be too high on the food chain, and I was getting plenty of help from my U.S. Congressman’s office and my State Assemblywoman. I told that story earlier, but essentially the Senator’s office enthusiastically called me and volunteered to file against BofA FOR me. So now I have two official Congressional Inquiries in process … one from my Congressman’s office and one from my U.S. Senator.
The more pressure the better.
This second instance was the O.C.C. … the Office of the Comptroller of Currency. I’d CC’d them on my RESPA letter (and not even certified mail). I didn’t expect much of a reaction from the mailing, if any at all. I’d expected them to simply file it away.
But today I got a letter.
I won’t retype the whole thing, just relevant clauses —
“Based upon your correspondence we have opened a case in the OCC’s Customer Assistance Group (CAG).”
[I had not asked for this or filed a complaint, merely sent them a copy of my RESPA letter.]
“We have carefully reviewed the information you provided, and contacted the bank requesting a response to your issues.”
“If the bank failed to address any … [note: “any”] … of your issues … or you disagree with their response, please contact CAG …”
“The OCC examines national banks to ensure their safe and sound financial condition and ensures compliance applicable banking laws, rules and regulations.”
“The CAG offers guidance, and assists consumers in resolving complaints about national banks and their subsidiaries.”
It’s a form letter, but I now have a case number with the OCC and they have notified the bank that reminds them to answer my RESPA letter according to laws, rules and regulations … meaning on time and completely.
For those of you who feel lost and alone, you don’t need to. All you need is to be a little assertive and make yourself known to people.
I plan on keeping my house … and will do all it takes to make that happen.
I’ve —
— Appeared on Fox29 Philadelphia making this mortgage modification debacle known to the general public.
— Educated myself with technical and news research to understand the law and the unfolding situation.
— Involved three politicians on the State and Federal level, all of whom have been very responsive and helpful.
— Informed every possible agency and governmental entity from local to State to Federal that is remotely responsible for any aspect of mortgages, banks or foreclosure.
— Interacted with and learned from several people who are going through precisely the same experience to both share my knowledge and gain from theirs.
You don’t have to either be, or feel, alone in this. What you DO need to do is become aware and hold people responsible. What I’m finding is there actually ARE people in positions of responsibility that WILL help.
Maybe all we have to do is ask.
Don’t give up, shut up, or shut down. Just get busy.
I work a 40 hour week, work two part-time self-employment jobs, take care of myself and my house, which includes living 100% off-grid on a generator and battery system, and even though it’s making me a little crazy and tired, I’m still getting someplace fighting this thing.
It’s actually showing signs of being … well … “fun” … especially if I end up suing.
Keep the Faith and Fight the Good Fight.
Don,
off subject a bit….but how do you like the off grid generator battery system. I have been very interested in that. The electric co is another one that I feel controlled by..
Happy to chat about it AB … but off the forum. The forum is for discussing lawsuits and mortgages, so I’d prefer not to take space and time here. Feel free to email me at donsweet@verizon.net.
Hello all,
I just found the site. I’m too tired to tell my story in depth as you all have but it is a sad repeat variation on the same theme. Countrywide and then Bank of America lied to me from the start, lost my payments or credited them in some bizarre way so i was never current and they could heap on the fees, approved me for a mod and I made trial payments only to have BoA come back and dis-approve mod 3 months later plus more fees.
My one difference is that I am the sole earner for my family of six since my husband was laid off and my brother who is also unemployed lives with me, and off and on his son and our sister have lived in my house.
I have a decent job, but I can’t support 9 people and work and mess around with BoA. Mine is the only name on the note so I’m the only one they will pretend they are talking to. I’ve hired a lawyer but I have yet to see results.
In any case I am in Utah. I appreciate all the helpful things posted here. I want in on a Class Action and want to talk to others in Utah. Qwertykid008@gmail.com
Kersti
Kersti …
I know it’s a long, tedious read, but did you look through the 17 points suggesting how you might fight this? It’s above, about in the middle of this page of posts.
It’s a culmination of people’s experience that some have found valuable.
Frankly, you sound like you’ve gotten some mileage of your own and may be close to a suit. Have you seen the posts on filing a suit “pro se”? … meaning filing without a lawyer?
I’m not missing your point about having no time. I have the same pressure … but filing yourself can have some interesting advantages over leaving it up to a lawyer.
They’re limited by their bar associations and their careers … you aren’t. Maybe all those time-free adults that live with you can contribute to the time, effort and research it takes to deal with this situation OR with filing a pro se suit.
In a pro se suit you can sue EVERYBODY, and even hold the court accountable for its actions (or inactions) which is something a lawyer wouldn’t dare do. Courts hate dealing with pro se litigants that know what they’re doing. That could be a DISTINCT advantage.
Something to think about.
hello, here is the lateset with my case.. I contact my state senate here in tennessee (diane black) who gave me the info listed below to file a complaint.. i did so and then when i called boa they said i had to be forwarded to the ceo-presidents office.. i got a case number and they all of a sudden figured out that they had placed the wrong date on the previouse contract we had agreed on.. it had been a year.. but the end is that they did get my loan fixed. yes i went into forclose with a sale date but did not give up.. they sent a new contract with 4.75 fixed rate. my loan went from 891.00 a month to 478.00.. i am so blessed.. i hope and pray it works out with all of you… but DONT GIVE UP>>> KEEP FIGHTING>> FILE THE COMPLAINTS>> EMAIL EVERYONE WHO IS RUNNING FOR SEATS>> CALL CALL BOA>> i called them 3 an 4 times a week..
I am so sorry to hear of all the people who is dealing with this.. it has takin me 1 1/2 years to win.. i did not pay anyone.. i did it all on my own & pray thay all of you will have the same success..
just in case you have not seen my orig… story.. i was in bankruptcy when all this started so boa did break laws.. im not sure if this is why they did fix mine or not..
http://www.occ.treas.gov/ http://www.helpwithmybank.gov/
FILE THE COMPLAINT>>> IT IS WORTH IT
ohhhhh krytonite
Hi everyone…just got to tell you that I talked to Maria Cantwell’s assistant today who has been asked to look into these matters with BoA modification loans. Maria Cantwell is the Senator here in Seattle Washington. She wants me to fax her everything that I have already faxed to them and she is going to escalate this situation to the best of her ability. Now I really don’t know what all that means but shortly after I talked with her I received in the mail the response from BoA regarding who owns my loan. Interesting enough they said that I cite no legal authority to do this. They also stated in lieu of allowing inspection of the original Note dated blah blah blah they have enclosed a true and correct copy of the original dated blah blah blah. They also state that if I wished to pursue this matter further, please provide them with such legal authority…interesting that I being the home owner have no legal authority to look at my own loan. By the way the copy they sent me was that which originated from Country Wide Home Loans, does not show them the owner of the Loan. Will be faxing all my papers to Maria Cantwell’s office attention Che Warren. I will try and keep you posted as to the progress. Thanks for all of your sharing it helps me a great deal just to read them and know that we are not alone here.
Barb …
At least some of the Statutes that require them to provide the “wet note” or “blue ink” note are cited at the top of this page. I pulled them out of my 15 page RESPA/TILA (Truth in Lending Act) “Qualified Written Request” (QWR) letter.
Those are only Federal statutes. You may have State statutes you can cite also.
Their statement simply isn’t true. The principle is a foundation of contract law and land titling. The banks are banking on us being complete idiots and folding under their “authority.”
Let’s show them beyond any reasonable doubt that they’ve completely underestimated the American public.
By the way … it would be interesting if they eventually went under and disappeared. They’d no longer be soiling the word “America.”
Don,
When you wrote to your attorney general. Did they send your complaint to B of A?
Dena …
So far I’ve only copied the PA Attorney General on my RESPA letter. I’m working up to filing an official complaint. If the OCC hadn’t responded on their own (so quickly), I would have filed a complaint with them, then the PA AG. Seems it’s time.
Even with a Senator, Congressman, State Assemblywomen and the OCC on the case, I’m not going to neglect the State Attorney General. I’m also going to make sure to contact (phone) my County Sheriff’s office soon to confirm their awareness of my case … AND the legal ramifications of the RESPA letter … as well as the participation of the other parties involved, emphasizing the two Official Congressional Inquiries.
Dena,
I’ve noticed with my letters of complaint…they are sitting on the desks up there at BOA. The lady dealing with me said “I see by your latest complaint that you’re very frustrated…..” It didn’t deter me from sending more. 😉
Has anyone actually gone so far as to go to court for eviction? I hear so many talking about a trial modification? At what stage of foreclosure was this issued? Has anyone else here had to go to court for eviction?
sorry…didn’t mean to ask the same question twice..i’m tired and my nerves are shot
Gawd Lu … I hear you loud and clear.
I would think you’d WANT to go to court over an eviction. You’d want to DEFEND yourself against it, or even file an “Immediate Temporary Injunction” so you can either submit a RESPA letter to get CRITICAL information about your note and mortgage, or even file suit.
The court can’t evict you until the bank forecloses. At any point along the way, including AFTER eviction, you can challenge both the court and the bank, but there needs to be “just cause” and physical evidence or the court won’t grant a thing, even a hearing. It’s “nine times” harder to get back into a house than to fight to stay in it.
“Possession is 9/10th of the law.”
It’s your house. Stay in it.
In all the hustle-and-bustle, I never actually looked up the definition of “foreclosure.”
“A situation in which a homeowner is unable to make principal and/or interest payments on his or her mortgage, so the lender, be it a bank or building society, can seize and sell the property as stipulated in the terms of the mortgage contract.
Investopedia Says:
In some cases, to avoid foreclosing on a home, creditors try to make adjustments to the repayment schedule to allow the homeowner to retain ownership. This situation is known as a special forbearance or mortgage modification.”
Another —
“When you finance the purchase of your home, you grant the lender a security interest in your property, known as a mortgage. If you are delinquent in making payments on the mortgage, the lender has the right to foreclose on your property. Foreclosure is the process by which a lender takes title to or forces the sale of an owner’s property to satisfy a debt. If the proceeds of the sale are not enough to satisfy the debt, the lender may obtain a deficiency judgment.”
… but the ENTIRE process has to be LEGAL, and all too often these days it’s not … for a couple dozen reasons.
PLEASE remember one CRITICAL thing that’s been emerging …
If you file these things yourself, no lawyer (pro se), up to and including a full blow lawsuit, you HAVE OPTIONS NOT AVAILABLE to lawyers.
Example: If you know … perhaps because you looked it up … that a judge ruled in violation of a standard court procedure … you can file criminal charges against the JUDGE. A lawyer would be hard pressed to even consider that.
These kinds of things are happening TOO, not just unscrupulous banks, but apathetic courts, clerks and a process that simply “processes” and collects the fees, without a second thought to destroyed lives.
Trust me, I plan to stay here until the sheriff removes me. The court clerk says I am unable to file a temp injuction order until the judge rules on the eviction. Which now has been reschuduled. I have gone to three different sources just to get copies of the paperwork to file. It’s like they are high security or something. I continue to pack just in case. It takes a lot of time to move 30 years of your life. Seems as though the elected officials in Michigan could care less about mine and thousands of others here. But I will not give up!!! If I am tossed out it will add more fuel to my fire!
Don
The house did go in foreclosure and did sell back to bank at sheriff sale. If I had known they proceeded with the sale I would have been there. They told me the sale was postponed because I was working on the remodification. However they never postponed the sale. They were not required to renotify me that they were going thru with the sale. Had I have known they were still proceeding with the sale I would have been in court. I only found out thru my own investigating that this actually even happened. BOA claims they mailed a letter April 5. The sheriff sale was April 6. Go figure!!!! And no such letter ever came to me. So my case is a little different. Lawyers in Michigan must not live up to the oath they took when they went into practice.
Lu … I have to compliment you. Apparently you have a terrific grasp of the situation and have redirected your emotions to action. That’s precisely what needs to happen.
BANK OF AMERICA HAS HAD MY MODIFICATION PAPERS SINCE I WAS TWO MONTHS IN ARREARS. I HAVE SUBMITTED FINANCIALS THRU AN ATTORNEY AND MOD TEAM 6 TIMES OVER THE PAST 11 MONTHS AND HAVE BEEN “ASSIGNED” A NEW NEGOTIATOR 5 TIMES…..THEY PUT ME IN FORCLOSURE MORE THAN 8 MONTHS AGO, NOW THEY DENIED MY MODIFICATION REASONS BEING I NO LONGER QUALIFY FOR THE HAMP PROGRAM BECAUSE I AM MORE THAN 12 MONTHS IN ARREARS! THEY HAVE BEEN SHUFFLING MY PAPERWORK FROM DESK TO DESK FOR 9 MONTHS! BY ALL RIGHTS I SHOULD HAVE QUALIFIED FINANCIALLY, BUT THEY DELAYED LONG ENOUGH TO HAVE BE DISQUALIFIED DUE TO TIME RESTRAINTS!!! IM AM DEFINITELY IN FOR A LAWSUIT!! CONTACT MY EMAIL PLEASE!
Joanne …
Please read through the 17 point list about in the middle of this page that’s intended to help you understand and get started on defending your home.
Keep in mind that there’s few lawsuits to simply sign up for. There may be one in your State, but YOU have to investigate, get in touch with other homeowners in your area, and take the lead to make anything happen.
Presently, there’s no Federal level lawsuit I’m aware of, and the others are State-by-State since that’s where the laws governing contracts are written.
There are no heroes in this situation. We have to be our own heroes.
Folks.
Something interesting.
Let’s say, hypothetically, “pretending” for a moment, that a financial institution, let’s call it a bank, uses foreclosure to pressure you and get money out of you that you wouldn’t normally owe … or … tries to get your entire home, putting you into the street, and has no legal right to do so … OR … even ATTEMPTS to make you do things you wouldn’t normally do and wouldn’t normally be required to do under the law.
If you don’t owe a sum of money a bank bills you, wouldn’t paying it be “robbery”? And even if you didn’t pay it, wouldn’t them demanding it be “attempted robbery”?
But also …
If they took your home (or even TRIED to) and either had no right to do it in the first place … or … denied you ANY one legal step along the way when they took it, wouldn’t that also be “robbery”?
Look at the foreclosure element for a second. Wouldn’t throwing you out of your house through the armed force of a Sheriff be a “threat” by violence or fear that “looks official”? Would you be “compliant” (not question what they say) if it were not for the obvious force of law enforcement?
And look at another angle …
If the foreclosure came about without “due process,” meaning rules and procedures were broken or short-cutted (avoided), wouldn’t the use of an armed Sheriff be unjust and false?
Ok … so look at another part of this …
If you were prevented from “due process,” and were kept from conducting “normal” business … such as being prevented from even discussing the restructuring your mortgage, or prevented from obtaining records and information you’re legally entitled to, wouldn’t that mean the “normal course of business” was obstructed, delayed or affected?
Let me point out a section of the RICO law, which was designed to prevent “racketeering” and stop organized crime in its tracks —
TITLE 18 > PART I > CHAPTER 95 > § 1951
§ 1951. Interference with commerce by threats or violence
(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.
(b) As used in this section—
(1) The term “robbery” means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.
(2) The term “extortion” means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
(3) The term “commerce” means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.
(c) This section shall not be construed to repeal, modify or affect section 17 of Title 15, sections 52, 101–115, 151–166 of Title 29 or sections 151–188 of Title 45.
Any questions?
Don–
Sounds logical to me. So when are the logically thinking
lawyers going to come out of their caves in droves and begin
defending those of use who have been robbed or are about
to get robbed? My two cents–is that it is coming; that we are
in a brief transition period while legal strategies are being developed, lawyers are getting up to speed on the new issues
of robo-signing, MERS, etc., loan modification foot-dragging
and fraudulent bank/servicer behavior while they are are
hearing the daily louder and louder cries of abused and cheated
homeowners. We are at the breaking point. Brace yourself for
beneficial action and relief. Our groundswell will not be ignored.
And lawyers–when they see an opportunity will take advantage
of it will do so. It is coming–soon.
Don-
received a letter from b of a stating that i am not eligible for a modification under the class action suit settled for countrywide borrowers as my first was a fixed rate product-my second is adjustable-have you heard this before?
-thank you for all the time and effort you put in this blog.
-you are a WARRIOR.
Godspeed
Wolfgang …
Thanks … and the same back at you.
You have conflicting/incomplete information in your question.
What/which class action suit? Did you ask for a modification based on a suit? Did they just pull a suit out of thin air to base their decision on? Was this phase of your request for a modification part of the HAMP program? Or was this request “private” with only the bank, after you were denied a HAMP modification?
There’s a difference between a HAMP modification and one privately through the bank. They cloud that particular issue.
If they deny … or Freddie or Fannie denies … they can set their own terms and make you a “private” offer. One article stated that the HAMP reductions in modifications were about twice what private, non-HAMP modifications were.
That means if they find an excuse not to modify under HAMP, they lose less. When they modify … they lose … getting you under a private contract, rather than one monitored by HAMP regulations. They make more money if they don’t reduce your payment as much under a private agreement.
Naturally, they’d rather not modify AT ALL and profit from foreclosure, repossession, sale, insurance collection and resale of the asset wherever possible.
They also make money on people that never even ask for a modification … naturally. But that money takes time. Repossession is much faster, and there’s all kinds of back-end deals they can turn a profit on.
Anyway, you’ll have to clarify the process you went through for anyone to take a guess about why you were denied.
Also, a modification is a modification … the renegotiation of a contract. It shouldn’t matter one hoot whether it’s fixed or adjustable. “Modification” means the terms were changed … renegotiated … and the method shouldn’t matter.
But even more … each loan … main mortgage or line of credit (HELOC) or just a lump sum second, will be separate loans and separate contracts, each requiring their own negotiation and modification. BofA’s own rules say they can’t touch the second until the first is settled … but … in my mind, there’s nothing saying they can’t BOTH be settled at the SAME TIME. That’s what I’d insist on if I were you. I wouldn’t want them to sugar-coat the first, suck me in to agreeing, then screw me on the second.
I don’t trust a word out of their mouths or a single scratch on paper … unless it’s “testified” under oath … (and even then?).
As far as “warrior” … remember The Battle of the Little Bighorn. They’ve sent Custer after our homes, but we have the numbers. All they have is arrogance. We have “Right.” And as much as I hate to depend on it, we also have Statutory Law. Used properly, that’s a lot of legal bullets and arrows.
Don-
B of A******* settled a class action lawsuit with the attorney generals of 40+ states – this covered former countrywide customers, requiring them to modify notes for these customers-the settlement administrator was Rust Associates in Minnesota. i had already contacted b of a and was trying to modify, when i heard about this on coast-to-coast radio program late one night. i never heard word one on the “news” or in newspapers-tried to contact boffa direct, no success.
it was only when i placed a complaint with the atty gen of AZ that i rec’d any response.
i was current for over 10 years, never late-i told boffa to either modify my note, or take the house back when my Mother died in August. i have not paid the first (fixed rate) or second (adj) since. previous, i had “conversation” with their home retention managers (in INDIA) was promised packages that never came, etc etc etc that we all know too well here.
i only communicate with them via certified mail, return receipt-and i direct all to the atty general.
they will either modify, or keep it.
i am 100K+ under-water, at a rate of 6.3% on the first.
AND, i will make it as difficult as possible, for as long as possible for them to repo my HOME.
i will send RESPA letters, file suit myself, and CC every one of my prostiticians.
my story is not nearly as dire as many on this thread. i have a nice, paid-for home to move into if that becomes neccesary-and other assets. i may shield this all by placing in a family members’ name, and declare bankruptcy. some other items i am now looking into, and do not yet understand are
-forensic audit
-forebearance
i am single, with no children. my heart breaks when i read others’ recount of abuses from these bastards.
Godspeed to all of us
Wolfgang …
I know what your asterisks stand for and I hear you brother.
I just Googled … “bank of america” settlement “attorneys general” 40 states … complete with quotes.
I came up with these two articles, and neither mention a settlement. They mention probes and investigations, but nothing settled …
http://www.zimvi.com/?p=5825
http://www.nola.com/business/index.ssf/2010/10/up_to_40_states_set_to_unveil.html
Unless you’re talking about this settlement …
http://www.countrywidesettlementinfo.com/ … (and also see the FAQ)
If so, it only affects people who LOST their property under Countrywide, and there are other criteria as well as State-by-State criteria.
Hadn’t heard of this one until today. Also, seems no one is talking about the settlement amount or the calculation of it … PLUS, accepting a check and signing the Release prevents you from suing individually … which is one of the problems with class actions. You’re lumped in with no recourse but to accept the “bulk” settlement. It’s entirely possible that a court will be silently prejudiced against you if you don’t sign the Release, accept the check and sue on your own, thinking you should have just settled and not gotten “vindictive” about it.
Love your Warrior Spirit, by the way.
A forensic audit is where you examine every minute detail of a transaction and/or contract … every detail … and examine whether each detail was proper, legal and justified. If they weren’t, you can pursue “remedies,” which in legal terms could mean suing and being compensated for what you lost, should a court side with you. It could include “punitive” damages, which means punishing the perpetrator with extra charges.
Forbearance usually simply means delaying payments, a fancy word for it. Lawyers and corporations (as well as politicians) love packing contracts and agreements chock full of words regular people don’t know or use. Sometimes it’s “necessary” since certain words mean certain things, but mostly it’s an elitist ploy to confuse and “obfuscate” the real meaning to anyone not privy to the language. It’s also a tool to keep outsiders out.
If you decide to file anything “pro se” … without and attorney … do EVERYTHING you can to learn legal language. Half of what lawyers and judges do is learn to speak “legalese” (a lot of it Latin) to keep your head spinning. But too, it’s also short-cuts to explain certain legal conditions … like “pro se” … it’s shorter than saying “someone-that-files-without-an-attorney.”
Good approach on the “make it as difficult as possible” plan, by the way.
They’ve launched these attacks because it was EASY.
Wolfgang …
Make that settlement amount EIGHT POINT FOUR B-B-B-BILLION.
I could comment for an hour over THAT figure … but I’ll refrain.
Don-
The countrywide settlement does cover people who still are in their homes-i have emailed Julie Johnson @ Rust Associates to ask her whether b of a is required to modify only adjustable rate notes or also fixed rate mortgages, and will post response here when i get same.
This settlement was never “reported” on TV news or “newspapers” here in AZ- and i suspect everywhere in the country. Their boss is revenue streams-advertising.
Godspeed
Wolfgang–
As much as I respect your opinions and contibutions to this board I have to ask that you re-check your information with regard to the AG’s settlement with BoA. Most AG letters and/or subpoenas just went out in the past few weeks. Many
lenders have not responded yet–and many have have asked for more time tme to respond. In Texas–BoA has yet to
respond for whatever reason–and thus there could not
have been a settlement yet. So I would ask–do you have a
link for your stated information? Thanks again. Bob Mc
I am seriously thinking about making a large car magnet with Vista Print that says: “Bank of America……Destroying America one customer at a time” (it only costs $10-$20 and well worth it!). I will put it on my car door and drive up and down town so everyone can see it and then I will also park my car in front of a Bank of America so everyone can also see it and hopefully those customers can open their eyes. Since we do live in a country where we can speak freely it is easy for everyone to speak their mind publicly regarding this fraudulent company. I think I will be ordering my sign very soon.
To ISABEL S.,
I LOVE your courage. And IDEA about the LARGE car magnent! Mine will be ordered from “Vista Print” tomorrow!!! They are on the Internet and are very inexpensive.
AND I am going to drive ALL over town with it on my car. I will leave it on until B of A no longer exsist!!!
What a creative fantastic idea!!!
Lauren, I am glad that you will also get that car magnet. The more people on board, the more bad publicity for Bank of America. Since I own my car and it does not belong to BofA, I can put whatever the heck I want on it! Lauren, I am also on board if you need a certified testimony from me for your lawsuit against these monsters. I am also going to sue BofA. They have made our lives a living hell and they need to pay for what they have done. I wish you the best!
I have a magnet…gonna paint it and go to town!!
Here is a thought, let me know what you all think.
I think it would be wise if we all wrote a synopsis of our experience with Bank of America, had it “notorized” and let each of us present it to the court, in whatever filing we do.
It would be many witnesses, that could not appear but want to have their testimony heard in each and everyone of our cases, to show that these are not isolated cases but in fact many cases all over the country.
We would help each other by being witnesses in each others cases. All that we would have to do is write our story and experience with B of A down, give permission for our testimony to be heard, and take it to your title company or a public notary and get it notorized and send it to each person who is appearing in court.
WOW many witnesses regarding B of A’s behavior of deception!!!! I for one will do this for anyone and I will need it done for me by everyone. Who’s on board?
What do you think the judges will do when faced with a ton of notorized testimonies….. It’s like a “Class Action” suit that we create at every court hearing. Every voice screaming out together.
My email is: yepekyadeo@yahoo.com
I am also willing to help anyone with their statements. It will cost us a few bucks for notorization but I bet we could each do a bunch pretty cheaply.
Come on folks lets get them with NUMBERS! Who wants ride inside the TROJAN HORSE????
MY GAWD Lauren, have you been reading my mind?
I had precisely the same thought last week, not to steal your thunder in any way.
In examining my own suit recourses, I was thinking to myself “What if all the judge hears is ME bitching?” That’s not enough to convince a court. They’d just say “Nationwide? Really? Prove it.”
We need precisely what you describe … a [secure] repository of affidavits that SUBSTANTIATES people’s experiences that we can all use in our own filings and suits.
Their defense attorneys will have no open door with courts to claim that our cases are “isolated” or “the exception to the rule,” which is not uncommon in a court. Courts are required to listen to the EVIDENCE, not “assumptions” or “speculation” or generalized statement about the financial climate. It has to be documented and presented. Courts want every bleeding detail.
Good going Lauren! I’ll buy that ticket for the Trojan Horse.
Lauren,
Great idea! Count me in! Let me know when you need it and where to send it. I will do the same.
count me in!!
Lauren,
Count me in – my email is davisfamily@embarqmail.com and I’ve already timelined my story.
I’m not seeking a modification, I’m seeking justice.
You read my mind, as well 😉
Now that I am gearing up to file, I will need witnesses! Although I doubt B of A will ever let it get in front of a Jury, how cool would it be to present notarized letters in Discovery. They counted on us being embarrassed and depresses and hiding under our shells…not binding together to help each other out!
So…it appears that Tammy’s “loan modification” is in actuality a forbearance agreement. I am SO over the dirty tricks of Bank of America. The attorney has my paperwork…I will keep you posted as to what the final verdict with all of this is.
Moral of the story, folks: even when things are IN WRITING from BOA…consider it a LIE.
I sometimes feel so lost and hopeless but yet reading most of this on this website brings hope as I see I am not alone with the true battle of BOA. They Lie so much I truly wonder if they even know what’s going on…. GRINS
I am in a holding time collecting paperwork again for Trott & Trott, BOA’s Atty to collect, and I am using another credit counsler with hopes of a lower payment plan. $1,300 per month on $130k home is way too much at 4.250% and taking three times the needed monies for Escrow and they want more….. My contract has increased 4 times in less than a year now all because of the Escrow. I pay insurance monthly and they are to pay taxes only being $2,100 Year and they have over $6k now of my money… Why do they need more moeny or whos pocket is it going in at BOA?
Please be aware of all aspects of what BOA is doing to us all… That is why we need to keep this website going.. (Jim)
Jame’s – I too live in mi. I hope we are all able to seek help in this nightmare!! You would think Fieger would jump at this one. I don’t know what county your in. I’m in Oakland and haven’t been able to get anyone’s help. This site has been helpful, and at times comforting to know your not alone. I hope we keep it going and I hope we all seek satisfaction soon!
I am joining a class action lawsuit against B of A. We have struggled for over 2 years to comply with all their demands and had lost hope many times. I have been researching this other class action suit and they assure me that it will freeze all late fees, foreclosures, and mortgage pmts until the case is settled. The lawsuit is asking that all B of A mortgages be modififed at current market value. The website to go if your interest in joining is BofAlawsuit.com there is a copy of the actual lawsuit that has been filed and an 800 ph# to call for more info. Good Luck everyone.
Cindy …
Welcome to the Fight.
Did you have a look a the 17 point “getting started” list on this page?
Also … with that other class action … again, there’s “criteria.” Mine wouldn’t qualify since it was a refi in 2002.
Glancing at the lawsuit itself, I love phrases like “a massive fraud perpetrated” and “BofA has engaged in and continued the wrongful conduct” and “these two intertwined schemes grew into a brazen plan.”
Go get ’em!
Keeping up with headlines, look how Ohio’s attorney general has addressed the foreclosure scandal:
http://online.wsj.com/article/SB10001424052702304879604575582743893387762.html
He said the banks would “be well-served to work out a settlement with the borrowers to modify the loans and work out payments…” and ordered, YES ORDERED, them to “vacate any court order or motion that was based on an improper paperwork..”, stating banks don’t get a “do-over” after submitting fraudulent documents in court. That’s a hot five across the banks’ cheeks, folks!
Basically folks, Ohio’s AG told the banks if you want a dime from borrowers, you’re at their mercy and you better NOT act up or your screwing will be made manifest in public. If this sentiment resonates with all fifty Attorneys General, we’ve won, but the financial sector will be on the verge of total collapse.
My thinking is all fifty will similarly decide and QE2 will happen to try taking the edge off the banks’ downfall.
Don! Your popcorn still warm? if not, the glow from Ohio oughta help.
You crack me up Keith.
So does that article.
Ohio’s Attorney General, Richard Cordray, deserves a standing ovation for his no-nonsense stance. THAT’S the position the chief law enforcement officer of ANY State should take … or county/parish Sheriff’s for that matter.
Sheriff’s have FAR more power in this country than people imagine. Not even the President of the United States can do something in a Sheriff’s county or parish without his permission.
Look it up.
But, yes, I love popcorn during a show like this. It’s better than “Titanic”. Several “unsinkables” are in great peril. Where’s that torpedo button? I’m just glad BANKERS and their cronies will be the only casualties.
p.s. Keith … privately, people know my position on the collapse of the financial system. I think you can imagine what it is.
I believe I know and I am there as well.
A complete restructuring of American banking system would be welcomed, IMO. Barring being slowly bled to make a mortgage payment while to continue supporting such a crooked system without hope of secure ownership, I think I could survive without them.
Without the assurance of being trustworthy, the entire FedRes and banking system needs unwinding all the way to its core and the crook CEO’s and all who allowed this to happen need to spend time with Madoff, Milkin, or even for some, Lay. Those who insist on continuing an Aziz mentality of denial in the face of so much overwhelming evidence need be the first removed.
The reason I blame them as prime contributors is for every homeowner whose businesses or fortunes relied upon the construction industry, those banksters jeopardized our livelihoods through intentional fraud and deceit leading to the housing bubble and subsequent crash, which directly resulted in homeowners having to seek help, only to be further screwed at every turn, thus the positions we’re in today. The lies nor the liars cannot be allowed to continue if any measure of trust is expected to be re-established – it just won’t work.
I want them to pay, I want their minions and subordinates to pay, I want their businesses ended such that they never again have the power to effect this kind of damage.
Politicians seemed so worried Bill Gates’ Microsoft could wield such power it could damage national security. Look what they’ve missed, chosen to overlook, or even abetted!
The very fabric upon which any banking industry is premised is shaken. That foundation was “TRUST”. The fraud, lies, forgeries, and sworn falsified affidavits before courts ought excavate a chasm in one’s trust so deeply these institutions would NEVER have any hope of regaining confidence in this economy or the world’s.
Where will it end? Who knows? I ain’t finished throwing my bucket of fuel at that fire, so I don’t know. I know I won’t expend any effort to trust them.
Well stated.
I bow to your magnificent escribe.
Something to boost your spirits a tad …
youtube.com/watch?v=Lj4LwmKeDR8
… and alter it slightly for a modern interpretation …
Can we really be free under corporate rule?
BANKS EXIST TO MAKE A FORTUNE WHATEVER IT TAKES, BY TRICKS AND SCAMS IF NECESSARY. BECAUSE BANKS KNOW THEY CAN GET AWAY WITH IT. LET US NOT FOOL OURSELVES, WHO’S GOING TO SERIOUSLY INVESTIGATE THESE BANKS WHEN THEY KNOW THEY HAVE THE POLITICIANS IN THEIR POCKETS. POLITICIANS WERE TALKING ABOUT $25,000 FINE. WHAT A JOKE. JUST LIKE BACK IN THE DAYS WHEN RICH PEOPLE HAVE THE SHERIFF IN THEIR POCKETS, AND NO ONE DARE TO ARREST THESE RICH FOLKS. WITH THAT SAID, BANKS DON’T MAKE MONEY IF YOU HAVE A GOOD CREDIT, BECAUSE BANKS CAN’T GIVE YOU THE HIGHEST INTEREST POSSIBLE. THE THOUSANDS OF PEOPLE WHO STARTED WITH EXCELLENT CREDIT SCORES BECAUSE YOU WERE NEVER LATE IN YOUR MORTGAGE PAYMENTS. AFTER BOA’S MANIPULATION, TRICKS AND SCAMS CONVINCED YOU TO ENTER THE LOAN MOD. TRIAL PERIOD THINKING THAT BOA WAS SINCERE TO HELP YOU. ASK YOUR SELF, “WHAT IS YOUR CREDIT SCORE NOW?” “DO YOU STILL THINK YOU’LL EVER GET A GREAT INTEREST RATE NOW THAT BOA RUINED YOUR CREDIT?” EXACTLY! THAT’S HOW EVIL BOA IS; REGARDLESS IF BOA DOESN’T SUCCEED OF FORECLOSING YOUR HOUSE, BOA ALREADY WON BY RUINING YOUR CREDIT AND CHARGING YOU A HIGHER INTEREST RATE NEXT TIME YOU TAKE OUT A LOAN. YOU MIGHT THINK THE LOAN IS NOT FROM BOA, BUT BOA HAS SO MANY SUBSIDIARIES BUSINESSES THAT NO ONE KNOWS UNLESS YOU RESEARCH THE PARENT CO. OR BOA CAN EVENTUALLY BUY OR MERGE WITH THE CO. LIKE COUNTRYWIDE AND OTHERS. I HOPE EVERYONE LEARN THEIR LESSONS THAT NEXT TIME. WE NEED TO YELL LOUDER TO LET BOA COLLAPSE AND NOT BAIL OUT THE VERY INSTITUTION THAT BRINGING US DOWN.
Well here I am again….I haven’t given up like I had planned. Thanks for the encouragement Don especially and all the rest of you on here. I do have some concerns that I would be curious to some possible feedback.
I am in a non-judicial state. my original loan is from 1998. It is a conventional loan @ 6.– interest rate. Countrywide was always my servicer until BAC. I don’t think the whole selling of my loan would have been affected? Please correct me if I’m wrong. I have contacted my attorney general with my complaint which has been forward over to B of A. I contacted BAC Thurs. and of course again I am at the OOP for a second time. The lady asked me what my fraud complaint was and I was not honest with her…..I stated about my mod. nightmare since 4/2009. Then the approved email for the mod in 2/2010 and never received the paperwork for the mod. Which I beleive that I never did because the deed was not with B of A until 7/2010 when they filed for my foreclosure then the paperwork was done. How long do they have to transfer a deed? Does anyone know? Also I think there has been forgery/fraud/ robo signing whatever, with the signatures on my docs because someone from Countrywide signed on the deed, and they are no longer. Also I have compared signatures docs from the people who signed mine and they are all different. My other thing is that I am noticing here in AZ (non judicial) that the produce the note does not work when filing with the court. Due to something like it is a private auction. So they just basically throw it out. True or False? Also not many lawyers here either that or they are all busy. lol I have noticed that through filing BK here that is where they are able to get the banks and I am assuming they file a RESPA…. There has been a sucess story but it was only through a bankrucpcy and if I do that I need to do a 7. If anyone has info about any of this please share:) FYI I ahve contacted others with my complaints as well. Thank You and Good Luck to all of us.
Well slap my mouth!!!
A dear longtime friend of mine just got her loan modified by Fannie Mae directly. YES it happened but here is the quirk…. My firiend has never been late on a payment, she is not in foreclosure, she did not ASK for her payment to be lowered. She is a retired State employee with a nice comfortable retirement and did not need her payment lowered.
She called me when she got a letter telling her that they were lowering her interest automatically because she was such a good risk. I have laid my eyes on the paperwork and the modification is done, lowering her payment by 15% a month. Gee that was $150.oo off of her $950.00 a month loan payment. And who says they don’t lower payments………..
Ever hear the phrases “greasing palms” and “buying votes”?
Interesting.
Dena …
A partial answer to your questions can be found here …
all-foreclosure.com/judicial.htm
and here …
http://www.realtytrac.com/foreclosure-laws/foreclosure-laws-comparison.asp
The first is an explanation of the difference between judicial and non-judicial. The second is a State-by-State chart with basic facts, and if you click on the State name it will give you an explanation of the procedure in that State.
Arizona is here …
http://www.realtytrac.com/foreclosure-laws/Arizona-Foreclosure-Laws.asp
By one statement you made, there may be some confusion about a RESPA when you say “… and I am assuming they file a RESPA.” You don’t mean the bank do you? Do you mean your lawyers during bankruptcy?
YOU can send the bank a RESPA letter NOW. You don’t have to wait for lawyers or a bankruptcy. You can do it on your own. THe whole idea of a RESPA/TILA (Truth in Lending Act) letter is to provide you, the homeowner, with every teenie, tiny detail of your mortgage, including every scrap of paper and every fact and figure … which you have every law-based RIGHT to in the first place. They CANNOT refuse.
And, since it’s required by law that they answer the letter, completely and on time (20 days to acknowledge and 60 to answer), no court should allow your home to be taken while you get answers … INCLUDING the time to look those answers over (which you must demand and define).
Again, as I’ve said many times, I’m no lawyer, but whomever told you they’d throw out a “Produce the Note” demand probably doesn’t know what they’re talking about.
The so-called note is the actual contract between you and the owner of it. (Mortgage contracts can be sold like stocks to just about anyone). To my knowledge, there isn’t one square inch of the United States where one person can say “You have a contract with us, but you have no right to see it.” There’s NO contract without a CONTRACT … and the “blue ink” original document you signed.
But also, they have to PROVE they even own it, not JUST show it to you.
I know all this is hard to learn and it gets very confusing. Learn to use Google and Wikipedia. Do the research and get yourself properly educated. Almost everything I know about any of this came from this board, Googling my ass off and reading definitions of terms in Wiki and elsewhere … and triple-checking what I read.
Some people are all too quick to say “You can’t do that” or “No, you should do this” with their egos ruling their mouths. Here we say “Learn for yourself. Do the research. Act for your own benefit.”
“An educated litigant is a hell of an opponent in any court.”
How do I know if this applies to my mortgage? How do I get included in the action? I have been trying for 2 years to get them to process my loan modification application. randy55410@yahoo.com