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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Kind of off topic but I find it a bit sad that with this battle in congress over unemployment benefits and continuing tax cuts for the wealthy, once again the foreclosure crisis is going to shoved into the background and out of the public’s mind.
I for the life of me cannot understand how the republican party can be so callous in regards to extending unemployment benefits and helping 9/11 rescue workers. It appears that their number one priority is to serve the interests of the wealthiest Americans.
To be fair, the democrats must share the blame in all of this. They could of held a vote on the expiring Bush tax cuts in September but decided to wait until after the elections even though all reports showed that they would most likely lose the majority in the House.
They could have voted on the Bush tax cuts in 2008, 2009 or early 2010 but nooooo! Now we have Obama telling us he will fight to end the tax cuts for the wealthiest Americans in 2 years….before a presidential election, sure Barack, sure.
To me it seems like this whole tax cut debate was planned to be permanent ever since they were passed under Bush. The Democrats played the role of good cop in the debate while the republicans played the role of bad cop while fighting for the wealthiest Americans and holding the rest of America hostage.
Some good in the bill but some bad also. The Death Tax for one, only affects 3% of our population and these people already game the system with tax loopholes, offshore tax havens, Foundations, etc, etc.
The worst thing, although it may sound good to younger people is the payroll tax holiday. This to me is where the assault on the social security system will begin. Two years from now when they expire, republicans will frame it as a tax increase and the spineless democrats will quiver in their boots.
I don’t know what others think about social security, but the fact is it has been the most successful government program in our country’s history. The other fact is that politicians and others are lying about social security. The social security fund has $2.3 trillion and will be solvent until 2037, where even then it will still be able to pay out 75% of benefits.
Politicians like to make it sound like fixing social security is too hard for the average citizen to comprehend. This isn’t exactly rocket science. Simply raise the cap from taxing the first $105,000.00 to taxing the first $500,000.00. Problem solved.
Foreclosures……you haven’t seen nothin’ yet. We millions that no longer receive unemployment, are in dier straits…What do you think is going to happen with our homes now. We will have to use part of our house payment to put food on the table. Here in AZ we have even fewer jobs than some other states. I personally have applied, taken tests, and had interviews, over and over again for jobs I could do in my sleep, but have not been hired yet. I used to be part of the middle class working world, now I guess I’ll be just short of a bag lady.
Still haven’t gotten a call back from Fannie Mae….
You won’t hear from them ever! Been there done that! BAC can kiss my ass!!!!!
DITTO!!!! More likely you’ll hear from their “Foreclosure” Attorneys representing your lender.
For any and all newcomers or folks that want a refresher, the “First Day Orientation” and “18 Points for Getting Started” are now posted at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
You might also like to read my “metaphorical” story about how this all came about at …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Two more items will be added to the 18 point list …
19 ) Although it’s controversial and you should check your State and local laws before hand, you can record your conversations with the bank WITHOUT telling them. When they say “This call may be monitored or recorded …” they have broken a basic principle of law called the “privacy covenant,” where phone calls have a basic expectation of privacy. Once they say that, you can record to your heart’s content. But again, some attorneys express caution, so check your State’s laws.
20 ) Research is showing that filing for Quiet Title can be tricky and possibly expensive, although not impossible. It’s my opinion that it’s going to be based on a LOT of research before you dive in. Apparently, the courts will be VERY careful to dot every “I” and cross every “T” and several people are suggesting a Quiet Title specialist attorney.
Of course, introduce “attorney” into it and you immediately add $$$. Make that a specialist and I’d imagine you’d easily double it.
That’s probably where the research plays a critical role … including ramming a RESPA/TILA letter down the banks’ throats, as well as hunting down actual paper records of your loan in your county/parish.
It’s not going to be as easy as “the bank did me wrong, so I want my house” and the judge saying “ok.” There’s going to have to be provable fraud or broken “chain of transfer” eliminating their right to your property.
Even before you approach an attorney, you’ll need to know these things AND have accessed the documentation to prove it, or you’re wasting your time. It’s far from impossible, and could even be highly likely given the MERS debacle … well, shall we call a fraud a fraud … but going the Quiet Title route is going to be work, work, work.
I sent my paperwork in back in June and after numerous calls they still haven’t bothered to give me even a yes or no answer much less a loan modification. They either want something else that they never bothered to ask for or they’re going to give me a decision in “3 to 4” days. I’d love to get in on a class action suit.
Kevin …
Please see my note above.
Thanks Don, read through all your points. Sent in a letter to my AG, reporting to the BBB next and then calling my Congresswoman.
Kevin
Great job Kevin!
Consider contacting the Senator for your area, as well as your local (State) politicians, too.
Make sure you pass on her contact information to your friends, family and coworkers so they can drop her a note thanking her for helping you through this.
But also make sure it’s JUST a thank you and not rambling. Her staff won’t read the rambling, but they WILL report that people are “watching.” Just a Thank You is enough to remind politicians that people are aware and engaged.
The banks have gotten away with this largely because people were NOT engaged, not aware, or even couldn’t have cared less. The system fell apart largely because people didn’t care (or even know) what was going on. The bright spot light of Truth can help keep demons like this in line.
It’s all well and good that corporations can convince us to buy a toothpaste or deodorant we don’t need, borrow money we should have earned first, or trick us into buying water in bottles … when it falls free from the sky … but when they start taking the roofs over our heads, it’s time to put our foot down … and take ACTION.
Well here we go again….. I had a hearing schedule for this afternoon (a continuance from last month’s fc hearing). I just happened to call the court house and was informed that BOA attorney’s had called on the 10th and had it postponed again. I ask when I was going to find out and she informed me that they had not even sent over any paperwork yet. I do not trust the judicial system any more than I trust BOA…so now what??? If I do not have something in writing saying it has been postponed then I have nothing? Any advice?
AB …
Sure AB, you should know by now that I always have something to say …
**smile**
Anyway, sounds to me like you’re keeping up with things as best you can. It’s interesting that the court clerk didn’t mention anything about a continuance notice. I suppose you could ask for one so you have something in writing.
I would also caution you to keep in direct contact with your Sheriff’s department. Ask the staff if they will call you if a sale gets scheduled. The banks have been known to schedule sales (if this isn’t your first foreclosure hearing) when they have the ability to, yet not show the sale date on their own records. You may also have their local (outside) attorney’s contact information and can call them, too.
With the nation’s 50 Attorneys General getting (fairly deep) into this, the banks may be stalling to see if a settlement is possible. Naturally, none of us want to see a settlement. We want to see legally based DUE PROCESS … not more “finagling” of the system … which means real accountability.
Also, if I were you, I’d consider going to the courthouse and getting copies of every paper and filing they have on record … then start reading them AND looking at things like signatures. With all the fooling around (fraud?) that’s been happening, you never know what you might uncover.
But too, have you considered preparing an “injunction”? It’s a filing that asks the court to stop the foreclosure until you have the chance to substantiate what the bank is trying to do … see if they even have the right to foreclose, as well as gather any information on their charges.
Remember, if they’ve destroyed their copy of your mortgage note (through MERS or otherwise), they’re in DEEP trouble, as well as breaking the “chain of transfer” if they can’t legally prove who owns the mortgage now.
An injunction could give you time to find all this out, but it will also motivate the bank to PERFORM since you’ll be calling that performance to a court’s attention.
Remember, too, that you can be very public about your filing … as well as informing your politicians, oversight agencies, law enforcement and the press of your actions against the bank. This is your home! So don’t be embarrassed or hesitant to share your dilemma. It’s not your fault. The greater the awareness, the more the banks will be pressured.
If you’re considering the injunction angle, I have an example I can send. Just email me at donsweet@verizon.net.
I would like to get in on this class action lawsuit. Back in November we were forced to file for bankruptcy for the same reason as everyone else. We were lied to and misled in regards to the Bank of America Home modification process and we werent even behind when we started the whole process over one year ago!
I tried for two years to get a modification. I sat outside twice trying to work with NACA. The first time I walked out and they sent my paperwork forward anyway. B of A modified my loan by raising my payment by $500.00. I had no choice but to accept because I was behind in my payments. They contacted me again I started the paper work and then no response from B of A. I finally called them and asked for short sale approval. They agreed to accept 333,000.00 for a house valued by their appraisal at 335,000.00. I owed 472,000.00. Instead of working with me and allowing me to stay in the house, i put 200,000.00 down to purchase, they chose to short sale. I don”t get it.
We have been fighting with Countrywide/BofA for 2 years now and have not gotten anywhere. We have a contract that is full of fraudulent items. They inflated income and also social security amounts, changed our interest the day before we signed, never gave us any disclosures about this, never answered our RESPA letters, told us that we were not entitled to see our original mortgage note, insisted that we sign and close our loan in the state of Michigan not Tennessee and we live in Tennessee. We have tried to get them to modify our loan but each time no one has ever notified us back. We have received letters from Freddie mac telling us they hold the mortgage and BofA says the same. We have contacted 80 Senators from various states, congress from our state, the Attorney General of Tennessee, OCC, FDIC, the FBI, TDFI and have also talked to lawyers that wont take it because we cant afford them. BofA are really just crooks that dont wear masks and are that bold and the sad thing is, NO one will do anything with them. What good is having laws that are suposed to protect us if no one will enforce them?
Gary and Sue …
Your post came in while I was responding to Jerome and Luis & Laurie. Your last question about laws and enforcement is the CORE of this situation. Not only is it valid, it is the issue itself.
The reason banks have been able to get away with this is that we … the American public … got busy buying iPods, new SUVs, LCD widescreen TVs and watching “the game,” and completely ignored something called “Statutory Law” … which regulates everything we do.
These mortgages are about CONTRACTS … and who knows ANYTHING about contracts?? Who even CARES?
That’s the issue.
The banks employ tens of thousands of lawyers.
Why do you think they do that?
We have little or no knowledge of the law.
Why do you think that is?
It’s a serious question.
You’ve started a process that is PRECISELY what you SHOULD do … making those responsible for the law and its application RESPONSIBLE for its application.
I know it’s frustrating, but keep plugging.
Just posting here helps spread the word, but don’t neglect your neighbors, friends, family, coworkers or members of your church, synagog or temple … tell EVERYONE.
One thing I mention in my “18 Points” (soon to be 20), is the idea that you should have all these people you know contact your politicians and thank them for helping you. The idea is to let them know that we are watching … not bitching and complaining … but that we have become AWARE.
If a system like MERS was allowed to come into existence … for decade and a half … where they shredded paper contracts when HAVING that paper contract is a rudimentary building block of law, then we’ve had our eyes diverted for WAY too long …
… and it’s literally millions of contracts.
Forge ahead.
Don’t give up.
You’ve found allies here and we’re all getting connected and becoming aware.
Several things you’ve listed in your posts indicate FRAUD. Those are strikes against them. Silence allows the fraud to continue. I know you have been far from silent, but adding more voices to yours will bring these things out into the bright light of day.
You’re to be commended on being vigilant “Legal Warriors” …
Keep Fighting The Good Fight!
Jerome and Luis & Laurie …
First Jerome, and your “I don’t get it” comment …
Well, Jerome, once we talked amongst ourselves here on the forum, the answer to that became pretty evident. We’ve all pretty much concluded that they don’t want to modify, they want to foreclose. They make more money that way. After all, that’s what their boards of directors and stockholders demand, and now it appears the mandate is “at any cost.”
One law firm in western Pennsylvania took that mandate one step further. Not only did they have their staff write the foreclosure filings, not even bothering to read them, the staff SIGNED them in the lawyers’ names …
4closurefraud.org/2010/12/03/foreclosure-fraud-bombshell-thousands-of-pennsylvania-foreclosures-could-be-void/
4closurefraud.org/2010/10/02/video-attorney-signatures-the-next-fraud-battle-ground/
This is not an isolated case.
Coast to coast, State by State, people included in the foreclosure process have gotten so callous they’ve just thrown “due process” out a 40 story window just to see how it smacks the ground. Check into the MERS system with a Google or two, learning about due process, and you’ll see what I mean.
For Luis & Laurie …
As I’ve noted in the past, there are no lawsuits, particularly on this blog/forum, simply to sign up for. It’s not that easy. There are no heros. We have to be our own heros.
One of my posts is now titled “It’s a Complicated Situation” is posted on PiggyBankBlog.com at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
It includes both a “First Day Orientation” and an “18 Point Getting Started List,” to help you understand what’s going on here. The list is several items that evolved out of discussions here and elsewhere by people just like you going through this.
If you look at the top of this column on this page, I have another post referring to the 18 point list where there will be two more points added to it shortly. There are LOTS of things you can do to fight for your home … and you MUST fight. It’s the only way you’ll be able to get the banks to listen. They don’t want to listen … or “service” … they want to foreclose … and profit.
The banks prey off of your ignorance of the law. They KNOW we don’t read contracts, and if we do we don’t understand what we’ve read. Even if we have some understanding of what we’ve read, often we are so desperate to keep our homes, we’ll sign anything.
They KNOW this.
And …
Even if and when we find they’ve done something wrong, we have no clue how to go after them legally … OR … we’re too intimidated by courts, lawyers and judges to do much of anything about it.
This is where we … homeowners under attack … need to make a critical change.
We need to educate ourselves of the process and about our rights.
Nowhere is the expression “Knowledge is Power” more important than in this situation. Banks are using their knowledge of the law … and more importantly, our ignorance of it … to confiscate homes and turn a profit.
Most first posts on this blog/forum reflect yours, essentially saying “We trusted the bank to help us.” This is the first thing you have to get past. The banks have shed their statutorily mandated duty to “service” you for their self-interest of turning a buck. After all, business is business … right?
Get over the idea that you’ll get what you need from them by simply asking for it. You’re going to have to grab their wrist, twist their arm behind their back, shove them up against a wall and DEMAND it … legally … with your knowledge of your rights and the law.
Learn to fight this thing.
Become “Legal Warriors.”
You might also like to read my “metaphorical” story about how this all came about at …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Holler with questions. There’s lots of folks here with great, effective ideas to help save your home.
My wife and I have been going through a loan remodification since December 2009 (Tucson, AZ). Every time I call, I talk with a different person which does not have any notes from the person I spoke to before them. We also paid our “trial payments” for 6 months and on time, and when I tried to pay my payment on the 7th month, they could not take it because our home was under foreclosure and scheduled to be auction off!!! What?? In between those trial payments, we filled out paperwork after paperwork after paperwork, email them in, mailed them in and faxed them in, but quess what? They did not receive them…..here we go again. We began the loan remod again, but at the same time…we are getting further and further behind on our payments because they will not take our payments any more. What are we suppose to do? Our house is again scheduled to be auction off very soon. PLEASE, someone help us. We do not want to lose our home, we had to file bankruptcy, which is in process right now….So we are lost, where do we go from here!!! Is there a law action suit in AZ, we would like to be added to the list. Please someone reply. Thank you and God Bless you all.
the Arizona Attorney General has filed a lawsuit against b of a regarding their “fraudulent” home loan modifications. i have a complaint filed with the AZ atty general, and would suggest you do the same-send it via certified mail, return receipt requested-with a copy to b of a
Anyone know of a suit in Maryland. I would be more than willing to join up.
Tara B
Hi Tara, did you ever find out if there is a law suit? I started my modification last year in Oct through making homes affordable. I was already in a modification when they offered me this new one. My trail period payment was approx $1256.00. I made all my payments and just was advised that my mod was approved however my payment is going to be aprox $1580. well wtf.. I told the rep I wanted to go back to my original mod and was advised she would get back to me. in the mean time my account was put “on hold”. she still has not contacted me and it has been 2 weeks. boa shows me almost $16000.00 behind in my payments even though ive paid my trail payments. I am sick of this crap and would love to join a class action also. please let me know if you have any information. thank you.
More bull$hit from BOA: Received a call from our negotiator this morning. She needed more documents. She asked for a 2009 tax return even though my mom filled out a 4506T tax form because she is retired and was told that she no longer needs to fill out a tax return.
Then the negotiator asked for 6 months worth of bank statements. I told her nothing has changed in my mom’s financial situation and three weeks ago a BOA rep said she wouldn’t have to send anymore financial information because she is in review….obviously she never added this info to the file or it was a lie….?
Next the negotiator stated, your mom won’t be given a MHA because she isn’t behind on her payments….Once again a BOA rep has stated in a round about way that a homeowner must be behind or delinquent on their mortgage in order to qualify or quicken the MHA process.
Now someone please correct me if I’m wrong but I understand that homeowners DO NOT have to be behind on their mortgage to qualify for HAMP or to get an MHA. I believe I also read this at Fannie Mae’s website and was told this by a HOPE counselor.
My question now is: BOA misplaced two payments in the past, claim it was added as a credit due to my mom applying for an MHA. She received a Notice Of Intent To Accelerate letter back in July where BOA requested a payment that tripled what she owes in a month.
If they didn’t receive the payment by the end of July, foreclosure proceedings could take place. Again, my mom was current on her mortgage during this time. BOA said it is just a routine they must do when a homeowner appears to be late on payments…even though the late payments were caused by BOA. That the Notice Of Intent To Accelerate laws vary from state to state.
In short this all seems like extortion to me. First BOA tries to scare my mom into paying an extra $1808.58 that she didn’t owe. Using the threat of foreclosure and sending her In deed of lieu paperwork while my mom received calls from a collection agency working with BOA.
Sure nothing came of this, the matter was forgotten after they allegedly realized their error but now the repeated hints that a homeowner is more likely to get approved for an MHA if they are 90 days delinquent. Is there a lawsuit here? I guess I will be writing to my State Attorney General this evening. Don’t know what else to do!
Well Don S, you warned me several months ago when I said I had gotten my modification and had someone coming to my home to get my signatures on BOA’s modification papers, that BOA was probably just blowing smoke up my a—(my words, not yours). I signed the papers and did all that was necessary according to BOA and heard nothing until this week. I have called numerous times to speak with my contact person(at BOA servicing) regarding this modification to have him not return any of my many calls(who’s surprised at that?). This week came the paper stating that my loan was in default and they were accelerating it now. According to the modification papers, that default was supposedly rolled back into the loan modification. So who knows what the asses are talking about now!? I am sooooo pissed right now but that does nothing to fix the problem. I’ve called the dude again—reminding him he had never returned my calls and asked him to please do so then I called my contact person at the CEO/Presidents office and left a message for her to call me. Oh and BOA has my current payment which they have not applied to the loan making me even further in default. Hmmm, maybe I’ll call my bank and stop payment on that check and put the payments in escrow while BOA plays let’s jerk around an honest person again. Yeah, Merry effing Christmas BOA. Hey thanks for letting me vent. The funny thing is, they want to spend thousands of dollars to foreclose on me for the amount of $2500—makes good sense to me(NOT).
Joy …
This is why we have to fight … not negotiate.
Bac…gave me know help in moderfication. I would like to be part of the class action suit…Hopefully someone can cantact me to get my name on the list
Medardo, Tara and Steve …
Please see my note to Jerome and Luis & Laurie above …
… or my post at the top of this column that starts with “For any and all newcomers …”
… but most importantly, please read my posts at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
… and …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Medardo and Steve … Something critical to understand is that there is no class action to simply sign up for … not on this blog/forum anyway. Please read my posts, as well as other posts from other people going through the same thing you are to learn about your situation.
Tara … I’d suggest you scan back over posts to see if others from Maryland have posted and left their email addresses. To see the previous pages, click on the “Previous Comments” line in light blue at the top or bottom of this column.
For all three of you … I can’t recommend reading through this forum strongly enough. Banks are banking … literally banking money … on your ignorance (simply meaning that you don’t know). Knowledge will be your best weapon.
Interesting that it takes the British to report this story …
uk.reuters.com/article/idUKN1711272720101217
And another Reuters story worth looking at …
reuters.com/article/idUSN1710716720101217
I suggest everyone hammer their U.S. Senators and Representatives, they are the ones that have allowed this company and others do whatever they want to and you must complain to Congress, don’t stop, make them listen. I am not a person that wants to sue, I prefer trying to get them to make a helpful offer, not a bandaid approach like they always do so they can have plenty of money for bouses for their henchman every year.
Here is a recent letter to Rep. Rosa Delauro-Ct, 3rd district.
I am hoping she helps, she’s helped others and applied pressure and there’s no reason she shouldn’t help me, I voted for her and I’m in her district.
Mrs. Ronni D. Mandell
135 Jones Street
West Haven, Ct. 06516
(203) 934-4232
Email: 4everprancer@sbcglobal.net
URGENT
To: Rep. Rosa DeLauro
Dear Representative DeLauro,
In 2009, Bank of America processed a modification on our mortgage and it worked for about a year, then, my husband, who had suffered two disappointments with 2 ventures, one was a home-improvement network, where he would provide advertising and networking for independent contractors finding them jobs to bid on. More or less, he was providing them with leads and in return they would pay our LLC a certain amount, mostly around 10%. This had done well in 2008 and 2009 but started to get more and more sluggish due to the inability of homeowners to secure loans from the banks to make necessary improvements to their home. This is what caused us to ask for the modification.
Since that time, we were trying to start a another venture, but on limited capital for that from my 401-K, we abandoned that idea and we also realized that the contractor network was not working any more along with the fact that several contractors didn’t pay my husband his portion for finding them the work. He is now under-employed at 61 years old. He will be 62 on the 28th of December. With his upcoming birthday, I convinced him, after refusals from him, to apply for early retirement, which he has been approved for. He will receive the first check on February 23, 2011.
We, at this time, can’t make our mortgage payment for December or January and February will be late. Knowing this problem was arising, we called and always communicated with Bank of America. We also learned from many people in our neighborhood and friends that at the time of our modification, there was nationwide tour going on by NACA, Bruce Marks, who has influence with the lenders and investors was getting great deals on 2% interest for the life of the loan, plus substantial principal reduction. Our net income will be roughly 2,700.00 per month and we were told by an attorney from Ct. Legal Service to play hard-nose ball with the lender and for us not to listen to the baloney about the investor having to approve it. She said that they are losing money on the loan already, there’s no equity and they should be glad that we want to stay if something would be worked out willingly by BOA and the investor. She said to insist on a 30% principal reduction and 2% for the life of the loan and perhaps payments will be in the ballpark of 31% of monthly income as the benchmark. Give or take a few dollars. She also said don’t settle for less, if they say no, tell them to foreclose and that it will take time, it won’t happen right away and that we should save our money.
We want to stay but we’ve also been told by the CT. Banking Commission, reporters, the attorney that it would be an added help to us if we can get a lawmaker in our corner to call on our behalf as a 3rd party, to request or suggest that they do something meaning and modify the mortgage whatever way they have to that will have an approximate $900.00 payment per month.
My husband can, according to the social security handbook and if God sees fit, he can work part-time as long as it’s within the guideline amount permitted by social security, which I believe is $14,160.00 per year. Hopefully, he will be able to find something in this very tough job market.
This housing meltdown is the fault of everyone, the banks, the government and homeowners that bought homes under the too permissive programs that were available from the predatory banks with the blessing of the government. When we bought in 2000, my husband was employed full time as an office manager until his boss lost the business due to a personal problem in 2003. My husband was with that company from 1997-2003 when it closed. Since then, he worked a part time job for a year and half and then tried some businesses of his own, we were able to pay bills as a non-deductible expense from taxes and he didn’t draw a paycheck per say, but it helped but things did not go well at all after a while. He is tenacious and he keeps trying many things but, now with much diminished income, my 401-k plan pretty much drained, it’s difficult to get anything going.
We are both helpful that you will go to bat for us, we always here how you are the champion of your constituents, we voted for you in the last election and we would be greatly disappointed if you did not champion our cause.
Our contacts at Bank of America are:
Mr. Robert Serna-Negotiator
(877) 430-1431 Ext. 14139
Mr. Mark Martin
Office of the CEO
((877) 498-7226 Ext. 3916
(866) 681-5611
Email: mark.martin@bankofamerica.com
Ms. Barbara Desoer
President of Bank of America Home Loans
Email: barbara.j.desoer@bankofamerica.com
Mr. Brian T. Moynihan
CEO-Bank of America
Email: brian.t.Moynihan@bankofamerica.com
We need help with this, someone to be in our corner, even if it means just writing something to those parties above that you would like to see them do anything and everything in order to keep your constituents in their home.
Sincerely,
Ronni Mandell
From C-SPAN: December 15th, 2010 House Judiciary Committee Hearing On Mortgage Services And Foreclosure Practices:
http://www.c-spanvideo.org/program/ForeclosureC
Bravo to former Detroit homeowner Sandra Hines who appeared this past Wednesday as a witness at a House Judiciary Committee’s Mortgage Services And Foreclosure Practices Hearing!!!!!!!!!!!!!!!!!!!!!!!
Below is the C-SPAN link to the hearing. Fast forward to the 37:57 mark of the video to hear this brave woman tell it like it is in her opening statement!!!
http://www.c-spanvideo.org/pro…
It was an impassioned speech.
Given about a week, I could probably come up with at least a hundred “Sandra Hines.” Give a month, it could be 5,000 …
… and that’s just a minuscule fraction of people who could get the gas money or plane fare to get there.
If I were you, I’d also listen to Christopher Peterson from the University of Utah Law Professor, a couple speakers later … “If the long scope of history teaches us one single lesson, it’s this: Sooner or later the powerful folks in a society are gonna to come and try and take the land from the less power folks. That is an immutable lesson from history, and if you learn nothing else from it, that is a truth about the human species.”
Words to live by.
Empower yourself.
Learn.
Fight.
Don, indeed Mr. Peterson’s comments were very interesting, truthful and scary!
Can we sign up for a class action suit in California for B of A. We also tried to get a modification and after more than a year nothing………
John …
Please see my note to Medardo, Tara and Steve or Jerome and Luis & Laurie above that …
… or see my post at the top of this column that starts with “For any and all newcomers …”
… but most importantly, please read my posts at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
… and …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Something critical to understand is that there is no class action to simply sign up for on this blog/forum. Please read my posts, as well as other posts from these other good people, who are going through the same thing you are. Please learn about your situation.
To scan back over posts click on the “Previous Comments” line in light blue at the top or bottom of this column.
I can’t recommend reading through this forum strongly enough. Banks are banking … literally banking money … on your ignorance (simply meaning that you don’t know). Knowledge is your best weapon.
Hello everyone! Just wanted to tell everyone to not be afraid of fighting Bank of America. Put on your boxing gloves and fight! We might be the under-dog but we are fighting for justice against the forces of evil! I for one, am going to fight Bank 0f America Pro Se because other than not having the financial resources to pay thousands of dollars to an attorney, no attorney really wanted to take our case even though they all admitted we had a very good one. Again, try not to join a Class Acyion suit because it willonly make the Attorneys rich. Individual lawsuit will hurt Bank of America more effectively. I tried some help books which you can pick up at Barnes & Noble. I suggest “Represent Yourself in Court” (NOLO, 7th Edition) & funny enough, “The Complete Idiot’s Guide to Lawsuits”. Both books are very helpful. One book will help you get familiar with the court system in easy terms and the other will help you prepare and try a winning case. Both these books will cost you less than $80.00 combined and will be a good investment. Hopefully many of you can find your inner Lion and fight these monsters. It will not be easy but if you read up and prepare your own case, the monetary loss will be very small. Good luck to you all!
Response to Linda R.
First of all no one on this site is making stuff up to anger people. BUT if anger helps you do something to stop the theft of your home, then count me in!
Education time Linda. First, go online and watch the c-span coverage on Dec. 15th, of Attorney Vanessa Fluker ‘s testimony @ 1:37:51 in the tranascript.
Second. Have you ever heard the names John Paulson or Steven Munch. Have you heard of “One West Bank”.
OK when you do your homework, get back to me.
So let me be clear to all of you being stalked by the predator banker “Simon LaGree”. I do this to help educate myself and anyone else that has an interest in not being removed from their home.
Apparently Linda R. does not know that the mere fact of having to deal with these predator banks scare’s the living S _ _ T out of even the Lionhearted!
So much for her comment about scaring folks. Hum, maybe she’s not in foreclosure?
Linda R.,
Looking forward to your educated response. I would also like you to tell us why the banks are foreclosing, pretty much looks like illegally, on homes that are underwater and selling them FOR LESS to new buyers rather than modifying the existing loans.
Best Regards, Lauren
any sugestions for me i also tried for a loan modification with b of a and after a year of weekly calls to check on status of mod and being told still under review im looking at a sale date on my property because of in their words failing to return requested info in a timely manner now instead of 3k to reinstate loan they want over 10k in fees and back payments and my credit is ruined because of this so no loan will touch me i understand i need to pay for my house im not trying to get out of that i just want help im scared to death they stated i missed a deadline for updated info i never got any letters or nothing they stated they left a message with a third party meaning one of my kids how professional is that ? and why didnt they mention that in one of my weekly calls to check on my status ? ty any advice or assistance is greatly appreciated like who should i call my state attourney general or what???please help
Matt, We know how you are feeling. You are not the first one that they have swindled and believe me, you wont be the last. We do not have a loan mod., we couldnt ever get one, they refused, we have fraudulent loan documents. But, write the OCC (office of the comptroller of the currency), contact your attorney general, write the department of financial institutions in your state and most important of all KEEP all of your documents and also all correspondences with BofA. Keep writing and keep fighting, thats all we can do but in the end we know that we will win and so can you and everyone else that is in the same shape. We cannot let the Greatest American Terrorist win.
If any of you know how to start a class action suit in Oregon or any
one willing to help please email me.We are close to losing our
home. BAO have promised us for over a year to help modify our loan as we lost over half our income. Then we got the letter our home is being forclosed.Someone please help.
nicholsonteam@yahoo.com
Rant On:
Some interesting history which all ties together and leads me to believe this whole sub prime mortgage crisis and foreclosure boom was all plotted and planned:
1995 – Mortgage Electronic Registration Systems is founded: Developed by by a number of financial entities, including Bank of America, Countrywide, Fannie Mae, and Freddie Mac, allegedly to allow consumers to pay less for mortgage loans. That did not actually happen, but what MERS did allow was the securitization and shuffling around of mortgages behind a veil of anonymity. The result was not only to cheat local governments out of their recording fees but to defeat the purpose of the recording laws, which was to guarantee purchasers clean title. Worse, MERS facilitated an explosion of predatory lending in which lenders could not be held to account because they could not be identified, either by the preyed-upon borrowers or by the investors seduced into buying bundles of worthless mortgages. http://counterpunch.org/brown08192010.html
1999 – The Gramm-Leach-Bliley Act: Abolished all of the significant rules of the successful depression era Glass-Steagall Act which acted as a barrier against the merger of stockbrokers, banks and insurance companies. The Gramm-Leach-Bliley Act created a high risk gambling culture previously seen with investment banks now being followed by commercial banks.
2000 – The Commodity Futures Modernization Act: Clarified most over-the-counter derivatives (“OTC derivatives”) transactions between “sophisticated parties” would not be regulated as “futures” under the Commodity Exchange Act (CEA) or as “securities” under the federal securities laws. Instead, the major dealers of those products (banks and securities firms) would continue to have their dealings in OTC derivatives supervised by their federal regulators under general “safety and soundness” standards. “Functional regulation” of derivatives products by the Commodity Futures Trading Commission (CFTC) was rejected for continued “entity-based supervision of OTC derivatives dealers.”
The Securities and Exchange Commission (SEC) and CFTC had limited “risk assessment” authority over OTC derivatives dealers affiliated with securities or commodities brokers and also jointly administered a voluntary program under which the largest securities and commodities firms reported additional information about derivative activities, management controls, risk and capital management, and counterparty exposure policies that were similar to, but more limited than, the requirements for banks.
From this legislation we saw the creation of naked credit default swaps and the Enron loophole which led to the wild and largely unmonitored commodity speculation which led to the high oil and gas prices seen in the mid 2000’s. This bill was the tool needed for Wall Street to bundle and sell bad mortgages.
2005 – The Abuse Prevention and Consumer Protection Act: A new bankruptcy law which makes it harder for consumers to prove that they should be allowed to clear their debts in what’s known as a “fresh start” or Chapter 7 bankruptcy and those who file will be paying much higher fees to bankruptcy attorneys, who are expected to raise their rates by as much as 100 percent. That’s to account for the increased liability the new law imposes on them, which will mean more time verifying and filing client documents. I added this bill because it may not affect home ownership but it makes it harder for home owners to get out of debt.
2009 – The Credit Cardholders’ Bill of Rights: I won’t get in to details about the bill as it gives some protections but fails to be retroactive on insanely high interest rate fees charged. Vermont senator Bernie Sanders brought a very good and sensible amendment to the senate floor which would have created a national cap on the interest rates of all credit cards of 15%. Sanders, a champion of the average working class American asked “If credit unions have survived charging only 15% interest and haven’t asked us to bail them out, why can’t we enforce a national interest rate cap on the too big to fail banks who we just bailed out? The Sanders amendment failed in the senate, receiving only 33 “yea” votes.
2009 – The Obama administration lost a bid to add a powerful weapon in its fight against foreclosure after the Senate voted down a proposal to allow bankruptcy judges to modify mortgages. The defeat left many housing advocates questioning the effectiveness of the president’s loan modification plan. The so-called cramdown provision, which would allow judges to reduce mortgage principal, would have put pressure on servicers to modify loans before borrowers file for bankruptcy. The financial industry lobbied hard against the bill, arguing that letting judges change mortgage contracts would add instability to the market and raise interest rates. Senate Republicans and some moderate Democrats were concerned about the bill’s impact and about the growing resentment among homeowners in good standing.
http://money.cnn.com/2009/04/30/news/economy/cramdown/index.htm
As I see it, this has all been a 15 year plan or longer to attack and assault the middle class and home owners, to turn us all into serfs and enslave us to debt through usury and immoral practices used by Banks, Wall Street, Credit card companies etc, etc, etc.
On a personal note….was it just a coincidence that two of these horrendous laws were passed while the American public was distracted while one president was being investigated for receiving a blow job from an intern and the other bills were passed and much of the fraud was happening behind the scenes while we were all being distracted and bombarded with 9/11, terror alerts, terrorist attacks and two costly and failed wars???
One more personal note: Is it just another coincidence that our alleged religious leaders, Evangelists, Televangelists, etc, etc, will come out publicly to angrily oppose issues such as abortion, gay rights or gay marriage yet they all remain silent on the sin of usury, which is condemned in the bible? They also remain silent on the greed permeating on Wall Street and at the Banks, whose actions have destroyed millions of lives and left millions homeless and penniless?
Rant Off
Tony …
Rant – Not
It’s information my friend! … and information homeowners NEED!
PEOPLE …
Take the time to READ Tony’s post.
We live in a culture where you’re taught NOT to read, but watch visual and audio information. Reading becomes a “pain” and not worth your time. Why bother, right?
They don’t call it the “Boob Tube” for nothing. We’re boobs (dumbasses) if we glue ourselves to it and don’t get our information anyplace else.
And that includes iPods and iPhones.
If you’re wondering why you’re losing your home … READ to LEARN why you’re losing it.
We have to unplug ourselves from our self-engrossed self-gratification and WAKE UP to the fact that people who DO read … mostly lawyers and bankers … are SCREWING US.
INCREASE your vocabulary … LEARN what all these things mean … REASON your way through this … DO NOT depend on others to save you.
SAVE YOURSELF.
“It’s just too complicated” is NO excuse! There’s plenty of information out there for you to read and understand this.
NOT understanding OR paying attention is EXACTLY what the banks want. They want us to be OBLIVIOUS.
Prove them wrong … LEARN … and learn to FIGHT.
Now … Tony … THAT is a RANT!
**smile**
Great points!!! People need to know how we are being turned into peasants by our elected officials, lobbys, big business. Problem is, sadly, can we do anything about it really?
Dawn …
Just keep the pressure on Dawn. They couldn’t care less about what YOU say, but when regulatory agencies, law enforcement and politicians start applying pressure, they react.
They’re SLOW to react, and they have a hard time understanding they shouldn’t be stealing your home, but they DO react.
They’re even denying you have the right to information on your mortgage through a RESPA/TILA (Truth in Lending Act) letter … which you HAVE the legal right to.
Mostly, they don’t want to provide information since half the time they’re overcharging you OR can’t prove they actually have the right to foreclose.
It’s the same thing as catching a thief coming out of your house with your family’s silver set and them saying. “No, this is MY silver set. I’ve had it for years.”
It’s not likely they’re going to admit they’re wrong OR set themselves up for prosecution.
Remember, LAWYERS had a MAJOR part in designing this system of property confiscation.
Matt and Earle …
Please see my note above to John.
You’ll see that I’ve posted several times on this page for newcomers.
You really need to learn about what’s going on.
Hopefully, my posts here (as well as other people’s posts) will help to to understand this situation.
Nice rant Don… Yeah, mine wasn’t really a rant, just some interesting information that kind of ties everything together in my honest opinion.
I was going to add another personal thought, one that would be totally off topic and ties into to my comment about our religious leaders, but I don’t believe this was the right forum for it and would probably be considered a nut job or conspiracy theorist.
One thing is for certain, we have been gradually dumbed down through the media and with the advent of technology although some of it is useful, depending on how one uses it, it’s also made us dependent of it. Today a cell phone has become an extension of many of our youths arms. Take it away from them for a day or a week and they go into withdrawal like an addict not getting his/her next fix.
Everything ties together one way or another and nothing over the past 15 years, whether it is the laws that were passed, the wars, 9/11, the bailouts, the foreclosure epidemic, it is all connected for a greater, more sinister cause by those behind the curtain who dwell within our shadow government.
Finally, somebody who gets it! Welcome to the club.
the attorneys general of Nevada and Arizona are suing b of a over fraud with their “modifications”. .
There are possibly a million victims of parallel foreclosure out there. PF happens when a homeowner asks for a mortgage modification and instead parallel foreclosure paperwork begins to be processed, even before the homeowner can apply for HAMP.
The parallel foreclosure process continues even as the banksters allegedly try and modify the home mortgage. The term parallel foreclosure was first brought into the light in the fall of 2009 by reporter Sarah Buduson. But since then, not one reporter will use the phrase Parallel Foreclosure when they do stories about Parallel Foreclosure. Even this article and the lawsuit filed does not use the term parallel foreclosure.
Unfortunately, but not using the phrase parallel foreclosure, homeowners don’t have a common rallying theme or phrase to gather together around. http://www.parallelforeclosure.com
http://www.swarmthebanks.com
Alessandro …
Great stuff! Thanks!
Alessandro …
Please email me at donsweet@verizon.net.
Thanks!
Gee….what a surprise…BOA negotiator called last Thursday asking for 6 months worth of bank statements from my mom and a tax return from 2009, never mind that they’ve already received a 4506T form stating that my mom no longer has to file due to her low income.
The Negotiator got all huffy with me because I asked why BOA has to play all of their games? She then stated that because my mom is current on her mortgage she probably isn’t going to get an MHA.
I told her to email the needed information to my mom with the documents she needs…..That was four working days ago, no email. My mom emailed the negotiator that very same day requesting the information….Funny…huh?
What’s even more laughable is that in my mom’s file with BOA as was stated by another BOA representative, our negotiator would keep us updated every week in regards to the MHA review….that again hasn’t happened. Another day, another lie from Bank of Thieves.
Tony,
Hey Im sure you know this because it sounds like you are very up on all of this but tell your mom to keep making her payments and not to stop or BofA will have her right where they want her in default and then they will set her up to take her home. We know, sadly we are there.
Yep, we know this. It seems to me like fraud or extortion, although it seems legally there is nothing we can do about this. One thing that seems wrong is for BOA to have stated that because my mom isn’t behind on her mortgage she won’t get a modification. Now this isn’t what we’ve been told by others. bastards!
I have an awesome idea to bring BOA to its knees, we can all file in small claims court on the same day, it will cost us each 65$ to file and they will have to provide an attorney for each and every one of those suits, if they do not you will by default judgement. This is death by a million cuts at very little cost to each of us! How can I get you all onboard? write me at sueboa@yahoo.com
I’m not sure how much good online petitions do, but here’s one to consider …
http://act.demandprogress.org/sign/whistleblowers/?akid=54.137642.rDOPrx&rd=1&source=e1&t=1
TV Fox News reports that two southwestern states have filed
suits against BOA for misleading homeowners seeking loan
modifications. This was told to me by my mom who could
not remember the exact states but that she thought New Mexico
was one of them. Does anyone know about this ? And the
which states specifically?
In addition to my own personal action that I would like to file,
I would like to get copies of these states filings for ideas as to
verbiage and legal text etc.
Lastly, I would like to provide copies of these states filings to the
Atty Generals in my own State. and in the surrounding states
so as to give them an idea as to what is going on and make their
jobs easier if they wish to pursue.
Nevada and Arizona
I have the same story to tell. I was one month behind, with a tax refund on the way to cure it, when Bank of America sent me an invitation to participate in their Making Home Affordable program. I was interviewed on the phone and told me I was a good candidate. It was June, 2008. They told me to make my first payment September 1st. I was nervous not paying for three more months but was assured over the phone not to worry about that, it would be added to the end of my mortgage if all else failed. I was to make trial payments for three months and then it would become permanent.
Twelve months later I got a letter telling me that I’d been approved and to wait for more documents. They never came. Six months later I got a letter saying I was denied, and I am now $12K in arrears. I’ve gotten several letters during the past 18 months telling me I was on some track for foreclosure. When I call I’m told not to worry about that.
I’m now investigating legal options and may have to do a Chapter 13 bankruptcy in order to keep my house. I’m told by a “Just Answer” attorney that it’s possible for the trustee in those proceedings to file a suit on your behalf. Hopefully I can get mine interested in going after Bank of America.
A class action suit can take years to settle. Virginia Legal Aid society told me that in order to get more immediate action I need to find an attorney who handles foreclosure and bankruptcy.
Linda …
Please see my note to John L. … or … Medardo, Tara and Steve … or … Jerome and Luis & Laurie on this page …
… or see my post at the top of this column that starts with “For any and all newcomers …”
… but most importantly, please read my posts at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
… and …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
You’re exactly correct that class actions can take years to settle … AND … they might get settled out of court … AND … your case won’t necessarily get the individual attention it needs … AND … the bank will only have to send ONE legal team to fight it, putting homeowners in one barrel … easy to shoot.
Please read my posts, as well as other posts from these other good people, who are going through the same thing you are. Please learn about your situation.
To scan back over posts click on the “Previous Comments” line in light blue at the top or bottom of this column.
I can’t recommend reading through this forum strongly enough. Banks are banking … literally banking money … on your ignorance (simply meaning that you don’t know). Knowledge is your best weapon.
You might also get some “immediate action” following those 20 points.
Folks …
A quick lesson in “legalese,” the language of the lawyers …
What does “… must appear to show cause …” mean?
Looks simple enough doesn’t it? One and two syllable words, right?
Well, frankly, when most of us hear words like that our eyes glaze over and we suddenly have little reason to listen since we really have no clue what it means.
Here’s what it means …
Something like that is “issued” or written by a judge. That’s the first fact.
Then, “must appear” simply means what it says … you’d better get your ass into my court.
The second half of the statement throws people, since “show cause” usually isn’t part of normal conversation. “Show cause” simply means “to explain yourself.”
So …
The statement means “You’d better get your ass into my court to explain yourself.”
This statement is in a filing on December 20th by [the Honorable] Glenn A. Grant, the Acting Administrative Director of Courts in New Jersey.
“The Honorable” means “judge,” and this is a big-time judge, and the court filing can be found at …
http://sherriequestioningall.blogspot.com/
No less than SIX large banks are getting their asses hauled into court to explain the “accuracy and reliability” of their foreclosure documents.
One of those banks is the subject of this forum. Personally, I don’t even like typing their name since I believe it to be an abuse of the word “America,” which is STILL an honorable word, despite their slanderous use of it.
Literally millions of Americans have lost life and limb to MAKE “America” honorable, as well as those dedicating their lives to the Constitution and Bill of Rights that form its foundation.
I don’t consider robbing peoples’ homes honorable, and I don’t think that’s what people have sacrificed for.
Banks have become America’s Disgrace … and the courts are FINALLY calling them on the carpet.
Bank of America lawsuit?
I need everyone to join with me whom has been promised by “Bank Of America” for a home remodification under the HAMP program and was unsuccessful and turned down and lied to over and over and their house in now in jeopardy of forclosure. I am joining a CLASS ACTION LAWSUIT in the state of MISSOURI against them. Please call the Chicago offices of Hagens Berman and ask for Bonnie she is handling the case and the number is Tel. (708) 628-4949. Donot let them get away with casting us aside as if we are nothing but a way for them to reel money from us when we are pleading for help so that in the recession today we donot lose our homes. Thanks and stand with me as together we are stronger than divided as we would stand alone!
Stephanie …
Your fighting spirit is great. Love to hear it. It’s good to turn negative energy into positive.
I’d caution you about two things, however. The first is probably the most important. When you join a class action lawsuit, you’re literally jumping into a barrel with many other fish … which are easy to shoot. The bank only has to send one legal team to fight the suit.
Filing an individual suit can be FAR more effective than a class action. First, it ties up MANY legal teams from the bank, rather than just one. Second, your case will get MUCH more individual attention, which it may deserve, or even need. Every case is different, and the details of yours could have a huge effect on the outcome. Cases are won and lost on the details.
But too, you’ll have more control over whether the case is “settled.” Quite often class actions are settled out of court. Many times, it’s because the “offending party” doesn’t want things to come out in trial or to public view.
Your “divided we stand” statement doesn’t necessarily hold true in a class action lawsuit. Stand together against the banks, yes, but individual lawsuits have MUCH greater impact.
Also, there’s LOTS you can do to pressure both the banks AND the system. Please see my post at the top of this column, which includes links to both an orientation and a list of items that might help you …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
You might also like to read my “metaphorical” story about how this all came about at …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
I’d just be careful about getting all excited about hauling a bank into court under a class action. They might have to stop laughing just before they open the door to the court, knowing you’re just another fish in a barrel.
I am trying to find out if they have already filed a class action lawsuit
in Northern California if there is anybody out there with this info please contact me via e-mail
Cheryl …
Please see my note to Stephanie above.
Also, at the top of this column is a post for newcomers that might help.
Yes, there is a lawsuit in California through a law firm named Hagens Berman, but there’s a TON of other things you should know … particularly how a class action suit may NOT be best for you.
Please learn about your situation and consider all possibilities before you jump.
Countdown with Keith Olbermann recently had the Arizona State Attorney General, Terry Goddard on over the lawsuit he filed against Bank Of America in regard to loan modifications.
http://www.msnbc.msn.com/id/3036677/#40759434
Here are some of the complaints included in the lawsuit:
* Misleading consumers with false assurances that their homes would not be foreclosed while their requests for modifications were pending, but sending foreclosure notices, scheduling auction dates and even selling consumers’ homes while they waited for decisions.
* Misrepresenting consumers that they must be in default on their mortgages to be eligible for modifications when, in fact, current borrowers are eligible for assistance.
* Making false promises to consumers that their modifications would be made permanent if they successfully completed trial modification periods, but then failing to convert these modifications.
* Falsely notifying consumers or credit reporting agencies that consumers are in default when they are not.
An Enemy
I’ve been thinking a lot lately about the shape of our beloved world.
You know something I love this country. Its My world!
I fought and I watched my seal team brothers fight and die for this country.
I survived as a seal team member in Vietnam seal team #5 I fought any enemy that would dare to destroy the freedom that we have in this glorious country. And if called I would do it all again. Today I have not been called by my country. But instead by my fellow Americans. To fight a battle that will, if not fought will crush the very existence of our country. This enemy is attempting to destroy the American dream . To steal without a mask but with illegal means just the same. This is organized crime to steal from the very depth of what helped to make us what we are. Its what helped build our economy. The banking system (Bank Of America) Once a trusted and well thought of institution. But somehow through greed and deceit of the very people that made them strong the American people. They have set out to take! and know one seems to care! or will stop them. Homes are being stolen from their owners all equity stripped from them illegal with deceit . They won’t work with people to save their homes. They destroy their credit and this makes it impossible for them to buy anything. After thousands of these planned attacks on the American people we will find our economy crushed. The working people of this world is what makes all the wheels turn in this great country. So once again I fight and will not quit until the American people are freed from this tyrant and in it’s place once again an establishment that we can hold dear in our hearts and trust . I could write until through my words, I would show you the depth of my soul and the passion of my heart no one will come against this country without a tremendous fight from me. And those that will stand with me. I ask you today don’t lay down and die! stand up and fight even if we lose what we have we must make this enemy visible take away his cover and expose him for what he is a terrorist of this country. Right, call and demand tell everyone you know something must be done. Together we stand and divided we fall. God bless you. And may the Lord guide your steps in all you do
Gary Hall
Excellent comment Gary! One could say the enemy is within our walls.
Gary …
First priority …
Thank you for your service.
Being a WWII reenactor and having come from a military family, although I didn’t serve myself, I come from an “in between world” where I know full well what you’ve sacrificed . I can express the appreciation of an often unknowing population for where you’ve been and what you’ve done …
… but mostly with a full understanding of why you did it.
When you swore your oath, took your training and exercised it in the field, you didn’t know all these other factors of politics and finance. That’s not where your heart was. That’s not why you were there.
I won’t suggest that if you did know that you wouldn’t have carried out your duty … that out there in the World of Men that put you in harm’s way there were insidious traitors to the principles you swore to protect.
Whether you were conscious of it or not, you were there … in your heart … to protect principles, not men or corporations or their quest for wealth.
This is your True Honor.
The fact remains, however, that the people you now see who are the enemy of those principles were there then, and working in the shadows. They’ve become bold and hungrier … lustier … fattened … and wanton.
One thing we all felt and many still feel is “It could never happen here.”
Well it IS happening here.
Rot and corruption have weaved their way into the hearts of your neighbors … your fellow citizens. Court clerks, township road workers, postal employees, government secretaries, the average corporate customer service rep have all become components of a “confiscation machine” … all for the sake of a paycheck.
They rationalize what they do for the sake of their families. The same survival instinct that helped you survive battle motivates them to commute to their cubicles and desks and “do their jobs.”
Now, naturally, I make no comparison to your life-threatening call to duty. I’m citing the psychology used against these walking drones … these “minions.” They’ve been convinced they’re doing the right thing, for the sake of waking up in warm homes with food in the refrigerator.
The most critical element of my point is the fact that the planners, the power in high places planning evil against our great country, will always be there. As history dictates over and over, power corrupts and absolute power corrupts absolutely.
It’s only US, the people of this great nation, that will be able to keep this ever-present human trait in check.
The Constitution and Bill or Rights you swore an oath to is our salvation. That’s what you fought for. That’s what was in the back of your mind whether you realized it or not. You did not swear to “men” or corporations or banks or the economy or even the government itself, outside the structure intended to regulate it.
When those forces undermine those principles, they become an enemy of the State … and its people … over the very simple fact that the State IS the people, not the other way around.
Traitors to this nation take many forms, and these traitors can be conscious or unconscious. The conscious should be removed or reformed … or punished. The unconscious should be educated and recruited, to act in ways that are right and just, and not perpetuate the rot and corruption.
A court clerk that says, “These foreclosure papers are invalid and I’m not going to accept them,” is the solution to a nationwide criminal enterprise to confiscate homes. The police officer that says, “I’m sorry lieutenant, but imposing a tax through predatory traffic tickets is unjust and I won’t do it,” is the solution to a nationwide conspiracy to confiscate the earnings of its citizens. The corporate customer service representative that states, “These charges to this customer are illegal and immoral and I’m not going to impose them,” is the solution to a nationwide problem to the repression of an unknowing public.
Holding THE AVERAGE PERSON accountable for their actions is the solution to this problem.
With that, no power on Earth that works against the people can survive.
An excellent quote from Marcus Tullius Cicero a Roman Statesman, Philosopher and Orator, from 58 BC as he addressed the Roman Senate:
“A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly.
But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men.
He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear. The traitor is the plague.”
————————————————————-
Sounds a lot like those in our government and the banksters, the crooksters on Wall Street, Multinational corporations, the oil industry and the war industry who own our elected officials and right our/their laws.
I’ll add one critical example to this situation …
The average stockholder that asks, “Where does my money come from? Is it acquired ethically and morally? Does it hurt others?”
We, as The People, have to CARE, know and ACT.
Happy Holidays Everyone!
Yesterday I received a call from my son. He wanted to discuss with me a letter from Indy Mac, offering him a modified loan on his home. The offer states that he is eligible for the HAMP program.
You know folks, that program where you do trial payments, then your credit is ruined and next thing you know your in foreclosure, because you don’t qualify and now your behind on payments, penalties and interest that you could not come up with the money for……
Here’s the interesting thing: My son has a 805 credit score. His income is in the 6 figures. His current interest rate is 5 % on the First and 3% on the Second. He only owes 50% of the homes value. Yes it sure would be a good thing to replace his existing loan with the fraudulent HAMP scam…….
Sounds to me like Indy Mac wants to create a foreclosure in order to secure title. His is a MERS Deed of Trust. So the morale of the story is, that the banks are continuing to try and seduce unsuspecting homeowners into their web of deceit, culminating into fraud.
Now part 2:
A very old and dear friend of mine just got sucked in. She is 71 and heard the words ” your house payment will go down $100.00 per month”. Your such a good customer were going to do that for you. So she jumped right up to the plate and drank some deadly nightshade. Chase sent a notary to her home and she signed off her existing” MERS” Deed of Trust, of which was of course replaced with a bright shiny new one . No mention of MERS on that one. And now the kicker….. She also signed a new document called ” DOCUMENT CORRECTION AGREEMENT”. It states that it is an “AGREEMENT TO CORRECT MISSTATED OR PROVIDE ADDITIONAL DOCUMENTATION OR FEES”. “Failure to do so constitutes DEFAULT.” BUT to add insult to injury they charged a nice little sum of $5,000.00 added on the new loan balance.
So” they” have found additional ways to secure the chain of title and/or gain control over more properties by foreclosure.
And there is a whole segment of society that thinks we are fools and deadbeats……………Lessons forthcoming.
You might want to start talking to friends and family and share what I have posted. Who knows you may inadvertently save someones home for them.
HAPPY NEW YEAR!!!!
Lauren
Well…. Got a phone call from BofA today and bless their little hearts., they told me that there was no point in suing them because my foreclosure and eviction from the foreclosed property, was absolutely legal. LOL To hear Bofa tell it they are all legal. I guess I am going to have to sue these people myself and hope to god I don’t come off in court like some dumb redneck with no sense. God knows I have yet to find an attorney that will take this case. We could ALL join the United law groups class action suit and pay a $3500 retainer fee , but I serious do not have that kind of money. Just needed to vent !!! Sorry
About FANNIE MAE – FNMA a description of itself
The following is posted on FANNIE MAE’S own website……..
“In Sept. of 2008 Fannie Mae entered into an agreement with the DEPT. of TREASURY that most recently was amended in Dec. 2009. Under this agreement the TREASURY DEPT. will provide us with capital, as needed to correct any net worth deficiencies, that we record in any quarter through 2012.”
So folks here it is again, by their own admission, the TREASURY DEPT pays them off when they foreclose on your home. NO HAMP, NO MAKING HOMES AFFORDABLE. They want your property. It clears up the chain of title problem and covers up all the fraudulent activity that they have commited. AND what a sweet deal they get paid back with taxpayers dollars. YOU LOOSE THEY WIN.
I had a subprime loan with a first and second mortgage that I paid faithfully on which was sold to ASC, a subsidiary or Wells Fargo. ASC tried to force place homeowners insurance on me until finally my own insurance company had to call them and fax proof even after I had faxed proof 5 times previously. Then, they force placed an escrow on me claiming I had not paid my property taxes. Indiana was reassessing their property tax rates and was late in getting the tax bills to the homeowners. Not just me, the entire state’s homeowners.So instead of getting our bills in April and Nov. we did not receive the first statements until July. They force placed an escrow and said my payment would go from $832 per month to $1100 per month making it very hard to afford the payments and they knew it. They had already talked to me about foreclosure options. I refinanced out of that loan after 3 months of them dragging their feet on payoffs, fees, and whatever else they could think of to keep me from being able to refinance away from them-even the title company said they were the worst bank they had had to deal with. So I refinance with Countrywide and for 9 months I am doing great. Then I am downsized and BOA takes over my loan from countrywide . I get another job after 6 weeks but it’s at part time hours and I am now 2 mos behind on my payments. Keep in mind that for over 5 years of subprimes and other servicers I was never late for a payment. Never until now. I begged BOA for help calling several times per week to try and “qualify” for some type of help. I never qualify for remodification or any other type of help. The reason most often given is because I don’t make enough money.Not that I make too much or any other reason but each time I am told they cannot help me because my income is not good enough. This as this remodification initiative is supposed to help people. I never understood who it was supposed to help. I got my first house at 34 yrs old, a single mother of 2 children who lived in an apartment for 10 yrs before we could get out of the drug infested place I lived with my kids. The basement floor caught on fire because the residents were cooking meth and it exploded catching their kitchen on fire. The three of us picked out everything, and we loved the house. I lost it because they refused to help even after they sent letters asking me to call and ask before it went to foreclosure. I called a final time and the representative told me no, they couldn’t help me. I asked who they were helping and the guy sighed and told me he didn’t know. He puts numbers into the computer and the program tells him if can offer them any help. He had yet to have offered anyone any program to help them. He then told me even a short sale required a huge amount of paperwork to fill out and they would likely refuse that as well. I feel like BOA and the other bankers out there are stealing people’s houses and their dreams. I will likely never own another home because of this. I did everything like I was supposed to. I paid for my house for years and when I asked for help, they decided it was easier to take my house than to deal with me. So the bankers get richer off people’s misfortune. It will likely never change as long as the government and the representatives are bought and paid for by industry and it doesn’t matter what industry it is. All the execs are making too much for what they do and work the rest of us like slaves for nothing. I hope something happens to help some people out there so they don’t have to go through what I have.Please help people out there before they become like me.
Dawn …
Your story is like most of us here … but there are things that you can do. If you haven’t figured it out yet, they have no intention of “working with you” to keep your home. Their objective is to foreclose, sell and profit. That’s what their boards of directors, executives and stockholders want … profit … and it’s become “profit at any cost” … including your home.
I used to post them here, but they were taking up too much space, so now you can view my “First Day Orientation” and “18 Points for Getting Started” now posted at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
You might also like to read my “metaphorical” story about how this all came about at …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
You must ACT to save your home. They’ve taken hundreds and hundreds of thousands of homes from people who did not know how to act to save them. This is a very old process called “railroading” and people are being led to the slaughter.
Even when they fight … like many of us … they find they have to fight HARD, since the banks’ systems take fighting into account.
Learn to fight hard. Put the pressure on. Don’t give them and inch of space and FORCE them to behave under the law.
Two more items will be added to the 18 point list …
19 ) Although it’s controversial and you should check your State and local laws before hand, you can record your conversations with the bank WITHOUT telling them. When they say “This call may be monitored or recorded …” they have broken a basic principle of law called the “privacy covenant,” where phone calls have a basic expectation of privacy. Once they say that, you can record to your heart’s content. But again, some attorneys express caution, so check your State’s laws.
20 ) Research is showing that filing for Quiet Title can be tricky and possibly expensive, although not impossible. It’s my opinion that it’s going to be based on a LOT of research before you dive in. Apparently, the courts will be VERY careful to dot every “I” and cross every “T” and several people are suggesting a Quiet Title specialist attorney.
Of course, introduce “attorney” into it and you immediately add $$$. Make that a specialist and I’d imagine you’d easily double it.
That’s probably where the research plays a critical role … including ramming a RESPA/TILA letter down the banks’ throats, as well as hunting down actual paper records of your loan in your county/parish.
It’s not going to be as easy as “the bank did me wrong, so I want my house” and the judge saying “ok.” There’s going to have to be provable fraud or broken “chain of transfer” eliminating their right to your property.
Even before you approach an attorney, you’ll need to know these things AND have accessed the documentation to prove it, or you’re wasting your time. It’s far from impossible, and could even be highly likely given the MERS debacle … well, shall we call a fraud a fraud … but going the Quiet Title route is going to be work, work, work.
Has anybody had problems with US BANK HOME MORTGAGE? All I ever hear about is Bank Of America. When I got my so-called loan modification from US Bank Home Mortgage, they told me my payment would be reduced, but they increased my payments, even after adding additional months.
Anxious …
I can see you’re stuck in a mode of thinking that most of us find ourselves in.
We fool ourselves that the banks are there to help us.
They’re NOT.
They see themselves as “profit machines,” not some agency to make sure we’re happy.
Our happiness is NOT their objective. Their objective is to put as much MONEY into their pockets as they can get their hands on, and if that means booting us into the cold winter streets at the point of a Sheriff’s gun, so be it.
I don’t care how “nice” they sound or how cooperative the want us to believe they’re being … they want MONEY …
… PERIOD …
… and they’re willing to act illegally do get it done.
We have to act accordingly and FIGHT.
The only way to do that is to learn to become “legal warriors.” hold their feet to the fire and FORCE them to behave ethically.
… and even when we fight, we have to fight HARD since they have ways of dealing with “uncooperative” homeowners … like the people who have the nerve to believe they can stay in their own homes.
FIGHT HARD … don’t give them an inch, and be INTOLERANT of their games. Learn to be a Legal Warrior.
America the Free
I watched the tears run
Down her face as she
Sat there all alone
A broken heart lost on the
Phone as the banks had stole
Our home
We tried to work with
Them but with them there was
No hope
For stealing homes was like
A fix of another shot of dope
The agencies that were in place
To help to stop the
Wrong
Just stood and listened as
They drug us out like an evil
Magic song
A mighty thing came from within
That helped to stop this wrong
And a shot of adrenalin
Harkened the air as the righteous
Sand their song
America, America much more
Then words are ye! For the
Right to fight the evil thing
Is what makes our country free
contact your senators office like I did and they will contact the goverment agency that overses the banks. I think it’s called the GSA and they did a lot of work on my behalf that got me a permanent loan modification! I now pay a lot less on my payments even with taxes and insurances escrowed in as well!
Dan …
You’re probably thinking of the OCC, the Office of the Comptroller of Currency. And yes, they seem a “little” more responsive when you put the pressure on through a Senator and the OCC … I just caution you that you have to continue to push … or you’ll fall through the cracks.
Remember too, that the Office of the CEO and President (of any bank, but usually BofA) is just a fancy title for another collection department. Unless you keep the pressure on, they’ll just find a way to foreclose ANYWAY. After all, their goal is profit, NOT helping you.
The only reason they’re helping you at all is the pressure from oversight.
news.yahoo.com/s/ap/us_foreclosures_families_first
There is a new market for these foreclosed homes everyone. Must be trying to deflect from what they are doing to people by hilighting homes that are being gobbled up by non profits to help others get into these foreclosed homes. Glad to see less fortunates are given an opportunity but not at the expense of someone who lost their home to fraudulent practices. This the way the banks can say look at us, we are helping others get into a home because of the opportunity a foreclosure created. Tsk Tsk
The banks’ propaganda machines are in high gear and at full throttle. You can bet they have whole departments scrambling to convince people they’re just wonderful, including likely setting up some of these “non-profits” through the back door. After all, the banks are in survival mode. If the word ever got out … which it IS … what they’ve really done, they’d be … and WILL be … dead meat.
Just Imagine
Would it not be so great if all we did was love? Don’t you see the principles are written in Gods words. Please! Now just for an instance if you believe or not just imagine a world where all was good and we all looked out for one another. Where everyone was sister and brother. Where if the wrong was to invade, we all would band together to right that wrong. Imagine that our government was forged with the love of the people and from the people there would stand a righteous government. Imagine if you will a government that did not separate itself from the people but consisted of the people. Not in anyway enticed by the evils of greed or unrighteousness. Imagine our would when we could travel from one country to another and feel at home, Imagine the beauty and the hearts of a people bond by love and care for one another. No hate can prevail when love is at rule. Hatred and greed breeds hatred and greed but kindness and love builds a barrier that cannot be penetrated. As hate does not care love does not hate and is more concerned about its people and their welfare and stability. Then love would conquer the greed that has devoured our world. In the book of Revelations, so many came against Gods people that were encamped up on a hill that could be counted as grains of sand but by their togetherness and love for one another they defeated that evil and fire like a bolt of lightening devoured their enemy. Love was that bolt of lightening and victory was their togetherness. Imagine a world that could not be conquered because the government loved its people and the people loved the world so much they became the wall of protection that defeated unrighteousness. Imagine if you will a government that would not stop until unrighteousness was defeated because of its oath to love and care for its people. Imagine if you will as I have loved my country so shall my country love me. (Just Imagine)
Have you thought beyond tomorrow? How can tyranny survive in a country founded on righteousness.
Gary Hall 12/28/2010
Gary……It is my belief that America is the New Babylon mentioned in the bible. I also believe that capitalism is going to be part of the “beast” system spoken of in the book of Revelation.
Forever we have been told my our religious leaders, the evangelists and televangelists that the anti-Christ will come from the EU. Forever we have been told about the atrocity’s committed by other countries. It’s all part of the great deception.
One has to look no further then our own country. Beginning with the slaughtering of Native American to our military and CIA slaughtering innocent civilians or assassinating democratically elected leaders of third world countries at the behest of American or foreign multinational corporations.
We as a Christian nation remain silent as multinational corporations enslave civilians from third world countries to make cheap goods for us to consume. Civilian women who are raped and murdered and forced to have abortions. Men and children working 18 hour days at 5 cents an hour. All in the name of capitalism and the so called free market.
To be continued…….
“He was given power to give breath to the image of the first beast, so that it could speak and cause all who refused to worship the image to be killed.” Revelation 13:15
How do we not know that this verse from Revelation 13:15 isn’t talking about the recent Citizens United Decision or the 14th amendment which gave corporations personhood or the same rights as a human being?
Check our history in Iran in 1953 or in Guatemala in the 50’s. In Iran we over threw their democratically elected Prime Minister at the behest of BP because the Prime Minster was going to nationalize his country’s oil to help the poor peasants of his country.
In Guatemala, our CIA took out their democratically elected President because he was going to take land back from the United Fruit Company at give it to the peasants.
So to me if you don’t bow to or worship (the logos?) the multinational corporation who come to steal your natural resources and enslave your citizens to work in their factories….you get killed.
Corporate Personhood – Life to the Image
We are living in the age of “global commerce”, about this most agree. We are also living at the beginning of an age of “global commercial control”, about this, only few are aware.
Capitalism, with all its trappings, is the dominant financial model for the entire world. Capitalism has no god, but it is money, the acquiring of it, and the steady increase of the bottom-line that it serves, and is completely dedicated to.
Considering the Bible clearly states that total dedication to money, avarice, is the root of all evil, this means the world is serving, and dedicated to an entity, which is an anathema to the very nature of God. And, at the head of this entity, which the world serves, is the cold, immortal, all-powerful corporation.
Mammon is the new God. Capitalism is the new religion.
Guys …
(Gary and Tony)
I completely respect your points of view. I have, however, been struggling with whether or not to respond. I’ve decided that I should, but only to make two suggestions.
First, I can’t disagree with the word “righteous,” although I would suggest that in this context and forum you might consider using it in a “secular” way, disassociating it from religious beliefs.
Foreclosure knows no religion … or age or race or belief system for that matter … other than the belief system of profit for the forecloser.
I’m certain that tens of thousands of bank employees are devout Christians, attending church regularly and reading their Bibles. But there are also likely many thousands more that are “devout” in other ways, to other religions or spiritualities. Their religious convictions … or yours … really don’t have any bearing on the discussion … or the fight.
Neither the courts or the banks will listen to religious convictions or arguments … neither will customer service reps, executives, lawyers or judges.
Now the application of the concept of “right-eousness” IS something that can be applied to the discussion, just not in the religious context. Banks are compelled to perform their duties “right-ly” under the law … contract law … and under the “right-s” you have under your contract with them, as overseen by law enforcement, governmental agencies and the political process.
Unfortunately, ANY application of a religious perspective is a complete waste of time … since it is irrelevant in this process.
The ONLY place you could apply your discussion and have any effect would be one-on-one, face-to-face with each individual participant, from the lowliest customer service rep, to the highest executive, and throw in a few bureaucrats and politicians or judges and law enforcement officials.
The points you’d like to make could ONLY take place on a personal level … not on a political level and PARTICULARLY not on a legal level … which is where this game is being played.
You will not be able to convert a single soul involved in this process no matter how hard you try.
Secondly … I would suggest you research a little deeper into just how the foundation of this country was formed. One of your implied principles might be slightly askew.
It’s more than reasonably evident … meaning based on the evidence … that the Founding Fathers may have BEEN Christian, but they did not lay the foundation of our form of government exclusively FOR Christians.
That’s why we have two completely different words in the English language … “by” and “for” … to separate the difference between basic concepts.
When they discuss the separation between church and state in their writings, it is undeniably CLEAR they mean ANY church … including the Christian church. It’s merely a matter of reading and understanding what they wrote to fully understand the facts of the matter.
Now … what simple fact makes this statement undeniable outside their own writings?
… and outside the critical difference between “by” and “for”?
That fact would be the ACTUAL, factual origins of the Constitution and Bill of Rights we live under.
The facts of history … not what we want to believe … but the true, actual facts, prove beyond ANY reasonable doubt that the majority of the structure defined in the Constitution and Bill of Rights (as well as the Declaration of Independence) comes from Native Americans …
… the Iroquois to be exact … and they were non-Christians.
Doubt me?
Then trust your own Federal Legislature and two of your Founding Fathers instead.
Research Senate Concurrent Resolution #76 in 1987 where the ENTIRE 100th Congress acknowledged both George Washington and Benjamin Franklin’s admiration of the governmental system of the Iroquois Nation and the fact that their system helped form our own republic.
That system is called “The Great Law,” and has been in effect on this continent for a thousand years.
The actual printed resolution can be viewed in the Senate record here …
http://www.senate.gov/reference/resources/pdf/hconres331.pdf
Your devotion to your faith is to be respected, perhaps even admired.
I have to point out, however, that the principles of Christianity are not the core of what this nation … this republic … was founded on. It’s not that complex. It’s a form of government and “theory” of the practice of “consensus” among people of widely differing views … INCLUDING Christians.
It’s not even a democracy, which many people incorrectly state. It’s a constitutional republic … and it’s intended that ALL people, regardless of personal religious conviction, can come together in agreement.
So …
Your “right-eousness” can be applied here in terms of whether the banks are performing under the law of the land, founded through The Constitution.
The attempt to apply “religious righteousness” at any stage of dealing with this … outside face-to-face, one-on-one discussion with anyone involved … will fall on deaf ears.
Sorry gentlemen … those are just the facts of the matter.
Don, I wasn’t suggesting Christianity has anything to do with the banksters or our governments decisions. I also am aware that our founding fathers based much of our constitution, declaration of independence and bill of rights on the Iroquois.
I debated whether to spew my thoughts on this site but felt I had to respond to Gary. Christian or non Christian, I truly believe that we are the new Babylon.
I respect and enjoy your commentary and enjoyed reading your response. Don’t get me wrong. I’m not one of those who try and jam my personal religious beliefs down others throats.
Mine was just a response to the comment Gary made as I have also been pondering biblical things lately in regard to what’s happening in the world and in our country today.
As I have pointed out before I believe both political parties have sold us out long ago, but just wait until the republicans get back in power in the House in 2011.
Things will get much worse for homeowners and the average American citizen struggling to find work and/or survive.
I just hate when I am told by religious and political leaders how bad other countries are, when we have a fair share of blood on our hands. But let me also state, I love my country, I just despise our government and the horrendous things that they do in our name.
Once again I will state, the great deception is upon us. We have been sold a pack of lies from both our government and religious leaders or as I call them, false prophets who profit by twisting the bible scriptures to fit their insidious agenda.
Capitalism in itself is not a bad thing, but when it becomes unregulated, when it becomes monopolistic, when it is driven by out of control greed at the expense of those less fortunate. When the income disparity between the ruling class and the middle class increases 400 to 1. Something wicked and unjust is about.
Thank you Don. I completely agree. Thank you for saying it so well.
Does anyone know of any attorney(s) in the Atlanta area handling actions against BofA? I’m 100% current on my mortgage, in fact, I’m paid months ahead of time, as of last month, they started charging a late fee while showing all of the payments I’ve made (totaling $2,000 when my monthly payment is only $500). This is too much! Is there any recourse for this out there?
Thanks!
got a call from boa president stAFF,are there any new pro bono class actions,any new news call me 704-674-7279
My monthly mortgage has been increased twice since last August. It was $1538 and now is $1750, meaning I am paying more than $1 per sqft per month. Each month the mortgage is paid later and later, due to other financial troubles. I have contacted BOA to attempt a modification and was told there is no program for me.
I would like to hop on the bandwagon of these lawsuits against the mortgage holder.
Does anyone know of a good lawyer here in Phoenix, AZ?
Thanks!
Jon …
In addition to finding a lawyer there’s other things you can do to pressure the bank to perform. If you haven’t figured it out yet, they’re not interested in modifications, but profit.
Their chief objective is to foreclose, sell and profit. That’s what their boards of directors, executives and stockholders want … profit … and it’s become “profit at any cost” … including your home. They LOSE money modifying, so they have little motivation to do so.
The one CRITICAL thing I should point out (as others have) is the fact that “jumping on a bandwagon” not only doesn’t really exists, except with a few sparse class actions brewing out there, but it may NOT be the best thing for you or your situation.
Lawsuits are generally about LOSSES, and recovering them, and when you’re lumped in with a bunch of other homeowners your case may not get the individual attention it deserves from a court or judge.
Now … FILINGS are a completely different matter. For example, you can file against the bank for not providing information under a RESPA/TILA (Truth in Lending Act) Qualified Written Request … such as providing the documentation proving they have the right to foreclose (called the “chain of transfer”) … as they are compelled to do under the law.
If they deny that you are entitled to the information (which they are doing), it’s a lie and you can take them to court and ask a judge to compel them to provide the information.
“Suing” isn’t always what people think it is. Courts “hear arguments” about broken contracts. They are NOT interested in complaints or emotionalized pleas or bitching. They ONLY look at what laws have been broken, what losses have been realized, and who owes who how much … based on the CONTRACT.
It’s CRITICAL for people to understand the basics of law to fight this thing. They LOVE when we’re clueless and can walk into a court and squash us like bugs … LEGALLY … since they know the law and we don’t … often even WITH a lawyer.
Knowing the law YOURSELF and not relying on a lawyer will help get you out of this … and help compel them to perform their statutorily mandated duties.
Lawyers are NOT heros and will not swoop in and save the day. You can ONLY save yourself through education and hard work.
You might like to view some points that could help your situation. I used to post them here, but they were taking up too much space, so now you can view my “First Day Orientation” and “18 Points for Getting Started” now posted at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
You might also like to read my “metaphorical” story about how this all came about at …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Learn to fight, and learn to fight HARD. Put the pressure on. Don’t give them and inch of space and FORCE them to behave under the law.
The following are two more items will be added to the 18 point list …
19 ) Although it’s controversial and you should check your State and local laws before hand, you can record your conversations with the bank WITHOUT telling them. When they say “This call may be monitored or recorded …” they have broken a basic principle of law called the “privacy covenant,” where phone calls have a basic expectation of privacy. Once they say that, you can record to your heart’s content. But again, some attorneys express caution, so check your State’s laws.
20 ) Research is showing that filing for Quiet Title can be tricky and possibly expensive, although not impossible. It’s my opinion that it’s going to be based on a LOT of research before you dive in. Apparently, the courts will be VERY careful to dot every “I” and cross every “T” and several people are suggesting a Quiet Title specialist attorney.
Of course, introduce “attorney” into it and you immediately add $$$. Make that a specialist and I’d imagine you’d easily double it.
That’s probably where the research plays a critical role … including ramming a RESPA/TILA letter down the banks’ throats, as well as hunting down actual paper records of your loan in your county/parish.
It’s not going to be as easy as “the bank did me wrong, so I want my house” and the judge saying “ok.” There’s going to have to be provable fraud or broken “chain of transfer” eliminating their right to your property.
Even before you approach an attorney, you’ll need to know these things AND have accessed the documentation to prove it, or you’re wasting your time. It’s far from impossible, and could even be highly likely given the MERS debacle … well, shall we call a fraud a fraud … but going the Quiet Title route is going to be work, work, work.
Well, well, well…….after being assigned a new negotiator and being told our MHA application was under review and could take up to 60 days (End of January) and an exchange of words between myself and the negotiator and the OCC complaint, we received new MHA paperwork via FedEx…no explanation, no nothing…under review my ass.
Hoping I get some headway with a letter of complaint I mailed to my State Attorney General….but again, not expecting much help from them either.
Tony Z
you are a good man Tony. yes I know what lies in store I have studied the bible in depth . But dosen’t it make you wonder. if that is the way it is or is it a warning so that we might ban together and make the changes it will take to stop it from happening I do I wonder.
Tony,
Please dont bank on your Attorney General doing something to actually help you. We have been trying to get ours to help us for the past 2 years with nothing. They say that their “hands are tied” and its all because of Obama and not standing behind the people but taking their seats at the table with all of the big banks.
I believe B of A purposely make it hard to for homeowners to workout any problems with them. When trying to contact B of A , I have been giving so many different divisions/phone no./persons to speak to, it s amazing you talk to eight different people within the same company and they all will tell you something totally different. I have gone through the 3 months trial many times because they claimed that they have never recieved papers, or they can`t find them. I have gone through NACA twice and B of A still has not up-held their side as agreed. B of A has lied about me getting new loan doc`s (3) times, they made an offer on line to me, in which I have copy of, B of A claim they don`t know anything about it. B of A has made my payments higher than what I was paying. Where Is The Help? . I don`t understand how our government can force the people to abide by the rules, but can`t force the banks to help home-owners in times like these.
Hey John…. AT LEAST U HAD THE 3 MONTH TRIAL! I have been dealing with B of A for 14 MONTHS AND HAVEN’T EVEN BEEN OFFERED THE TRIAL! Same as everyone else in that i have talked to many and many differant reasons/excuses for not being done!! The ONLY offer I have had from B of A in 14 months was to pay $100.00 MORE than my original payment!!! B of A recieved stimulas money, they were part of the Bailout, AND now they are sucking up 30% on EVERY consumer credit card!!! AND THEY ARENT GIVING OUT LOAN MODS TO THOSE OF US THAT NEED THEM!!! :(((
Could Someone Point ME in the right direction for joining the Class Action Suit in California??
John and Allison …
Please see my note to Jon above.
Both of you please keep one thing in mind.
I see you stuck in a “mindset” we virtually all found ourselves in when we discovered there was something very wrong here. We all trusted and believed the banks would do the right thing.
That is not the case.
The banks have no interest in doing the “right thing” as we think of it. The right thing to them is providing profit to their stockholders and paychecks to themselves … period.
That is their only interest.
Whether you stay in your home is of NO interest to them no matter how “courteous” they might sound on the phone.
They want MONEY … period …
… and if that means playing head games until you give up and move out, or are forced out by a judge and a Sheriff with a gun … so be it.
Understand that you are literally under attack for the very roof over your heads. What they SAY has NOTHING to do with what they want. They do NOT want to “work with you,” they want MONEY.
Learn to fight for your home.
They have thousands of lawyers … and I believe psychologists and sociologists … on their payrolls to design systems to wear you down and boot you out … exclusively to turn a buck …
Lawyers will NOT come running to save you.
Only YOU can save you … through self-education and learning to be Legal Warriors.
do a search on “how to quiet title michigan boa”. When I did, I found a a banker’s testimony in court as to the process the banks use to provide mortgages to people…. also quiet title is a way to take a look at where your title is. if there are any improprieties, you can sue the bank and get your property FREE n CLEAR.
Yes Greg …
That’s #20 on my list … found at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
… but there are some cautions I mention below.
You might also like to read my “metaphorical” story about how this all came about at …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Two more items will be added to the 18 point list …
19 ) Although it’s controversial and you should check your State and local laws before hand, you can record your conversations with the bank WITHOUT telling them. When they say “This call may be monitored or recorded …” they have broken a basic principle of law called the “privacy covenant,” where phone calls have a basic expectation of privacy. Once they say that, you can record to your heart’s content. But again, some attorneys express caution, so check your State’s laws.
20 ) Research is showing that filing for Quiet Title can be tricky and possibly expensive, although not impossible. It’s my opinion that it’s going to be based on a LOT of research before you dive in. Apparently, the courts will be VERY careful to dot every “I” and cross every “T” and several people are suggesting a Quiet Title specialist attorney.
Of course, introduce “attorney” into it and you immediately add $$$. Make that a specialist and I’d imagine you’d easily double it.
That’s probably where the research plays a critical role … including ramming a RESPA/TILA letter down the banks’ throats, as well as hunting down actual paper records of your loan in your county/parish.
It’s not going to be as easy as “the bank did me wrong, so I want my house” and the judge saying “ok.” There’s going to have to be provable fraud or broken “chain of transfer” eliminating their right to your property.
Even before you approach an attorney, you’ll need to know these things AND have accessed the documentation to prove it, or you’re wasting your time. It’s far from impossible, and could even be highly likely given the MERS debacle … well, shall we call a fraud a fraud … but going the Quiet Title route is going to be work, work, work.
Did you know that Bank Of Anti-America made $4.4 billion in profits in 2009 and paid NOTHING in US taxes yet the government owes them $1.9 billion?
We keep hearing the brainwashed lemmings cry about “entitlements” which in reality aren’t considered entitlements because one pays into social security and unemployment, yet you never, EVER hear these same brainwashed lemmings say a thing about corporate America screwing we the people.
Those on the left or right. Do you have a problem with this:
* In 2009, Exxon Mobile made $37.3 billion in profits and paid NOTHING in US taxes.
* In 2009, Bank Of America made $4.4 billion in profits and paid NOTHING in US taxes, meanwhile the government owes them $1.9 billion.
* In 2009, GE made $10.3 billion in profits and paid NOTHING in US taxes yet received a #1.1 billion tax credit.
* In 2004, the Bush administration allowed “so called” American businesses to repatriate $312 billion back into the US at the low rate of 5.25% when the real corporate tax rate is 35%.
Anyone getting angry yet? We are no longer represented in Washington DC. The politicians who actually seem to care and fight for we the people and oppose corporate interests will sadly be out spent in their next election cycle and lose their seats to corporate friendly puppets, thanks to the Citizens United decision.
So all of the tea party members out there, who cry about big government, entitlements and taxes, if and when you lose your home in the future, perhaps you should start directing your anger at those who own and control our government.
Sorry for the off topic political and religious comments but as I’ve said, this all ties together one way or another.
Please include me in if there is a class action lawsuit against BOA in Northern Virginia. I’ve gone through the same frustrations as others here, same experience and I’m so upset at them misleading me, for 20 yrs I’ve always been on-time with my payments. What irks me the most is that after you finally get pass their customer service representative who doesn’t know anything, misinformation, etc… you’re transferred to another department and hope that they don’t disconnect you. Once connected to the right department they again don’t know anything, finally if you force the issue they’ll tell you to complete certain forms on the HOPE website and send it in with all your documentation. After they receive it they should contact you within 30 days. But they never do instead when you don’t hear back from them, again going thru the hassle of being connected to the right department you’re told something was missing or you didn’t send something in when you did! Anyway, they close your file after 3 days of not hearing from you!!!!!!!!!!!!!!!!! How can they do that? How was I suppose to know they had a question if they don’t contact me to notify me. Needless to say, I had to reapply, but know all their dirty tactics, I’ve now retained a lawyer to protect my interest. They are running a big fraud and scam and I would gladly participate in a lawsuit against BOA in Northern Virginia, it’s not right what they are doing to folks. Personally, I think they are crooks and should be hold accountable for their actions. I have so many complaints about them and I see I’m not alone.
Sahar …
Sorry to be the one to break it to you, but there is no class action law suit on this site simply to sign up for. Any class action would be State-by-State since these suits are based on contracts … and contract law is State-by-State.
As Shawnnva points out below, there is apparently one forming in your area …
… however …
I might point out that class actions have been discussed here often and one of the things that’s been pointed out … also by an attorney … is the fact that a class action may NOT be the best course of action.
I’ve been saying “fish in a barrel” but the expression should really be “ducks in a barrel.” That’s all you’d be if you joined a class action suit … and VERY easy to shoot.
It would be EASY … and CHEAP … for the bank to simply send ONE legal team to fight perhaps hundreds of homeowners. Why would you want to make it easy and cheap for the bank?
You would also not likely get the individual attention your case might need in court in front of a judge or jury. Every case is different, but when you join a class action, you get lumped in and have to take whatever the case settles for … whether it’s settled by a judge and jury or out of court with NO trial.
Often these huge cases get settled out of court … and frequently the offending party never gets exposed to public scrutiny since they can impose “gags” on certain information, in addition to not admitting anything in open, public court on the record.
So … I ask you … why would you:
A) Make it easy for the bank by jumping in a barrel with all the other ducks … just to get shot by one (perhaps small) legal team?
B) Make it cheap for the bank by just tying up a few of their lawyers … when they’ve done everything they can to steal your home?
C) Throw away your individual right to be heard by a judge and/or a jury to have your case get the attention it deserves?
D) Allow the bank the opportunity to silence perhaps HUNDREDS of homeowners by taking all those cases at once to settle them, never even going into a court and the public can’t hear what bastards they’ve been?
Why would you do that?
Wouldn’t it be better if YOU took them to court individually? And those perhaps several hundred others did the same? … tying up HUNDREDS of the banks’ legal teams?
Don’t you want this process to COST them dearly? Don’t you want it to be HARD for them? Don’t you want to be “punitive”?
Why would you jump into that barrel with all the other ducks just to be shot by a few sharpshooters who can’t miss?
For whatever reason, people in this country have been conditioned to believe that a class action lawsuit is somehow “bad” for the company you’re going after.
Wrong.
They think it’s GREAT.
They LOVE it …
… one case they can drag on for literally years and years … some people DYING before it’s settled … and you sitting at home … IF YOU STILL HAVE IT, since they can foreclose during the litigation.
THINK.
The idea that a class action will somehow punish a company is simply WRONG.
File yourself. In fact, file “pro se,” meaning YOU stand in court and present your case. There’s a woman on this forum doing exactly that as we speak. There’s another in Florida that’s been doing it for 25 years … against a bank for an illegal foreclosure … and the press has called her “The Pro Se Litigant From Hell.”
She’s still in her home.
Learn to fight … but learn to fight EFFECTIVELY.
Class actions ain’t it.
Please see my “18 Points for Getting Started” and “First Day Orientation” at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
You might also like to read my “metaphorical” story about how this all came about at …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Two more items will be added to the 18 point list …
19 ) Although it’s controversial and you should check your State and local laws before hand, you can record your conversations with the bank WITHOUT telling them. When they say “This call may be monitored or recorded …” they have broken a basic principle of law called the “privacy covenant,” where phone calls have a basic expectation of privacy. Once they say that, you can record to your heart’s content. But again, some attorneys express caution, so check your State’s laws.
20 ) Research is showing that filing for Quiet Title can be tricky and possibly expensive, although not impossible. It’s my opinion that it’s going to be based on a LOT of research before you dive in. Apparently, the courts will be VERY careful to dot every “I” and cross every “T” and several people are suggesting a Quiet Title specialist attorney.
Of course, introduce “attorney” into it and you immediately add $$$. Make that a specialist and I’d imagine you’d easily double it.
That’s probably where the research plays a critical role … including ramming a RESPA/TILA letter down the banks’ throats, as well as hunting down actual paper records of your loan in your county/parish.
It’s not going to be as easy as “the bank did me wrong, so I want my house” and the judge saying “ok.” There’s going to have to be provable fraud or broken “chain of transfer” eliminating their right to your property.
Even before you approach an attorney, you’ll need to know these things AND have accessed the documentation to prove it, or you’re wasting your time. It’s far from impossible, and could even be highly likely given the MERS debacle … well, shall we call a fraud a fraud … but going the Quiet Title route is going to be work, work, work.
To Don S thank you for your thoughtful and thorough response. Since I last posted, I was still waiting to hear from BofA on my loan modification request. No surprises here, while they had me sending them more documentation, at the same time, they also sent me a letter denying my request. I was currently trying to get approved for HAFA; again another process of collecting the same documents and sending it to them and while you are doing this they turn you over to foreclosure, the same fiasco with them, Recontrust (a BofA company) and Promiss Solutions. Basically I’m fed up with all they games and lies and the fact that they sent one of their goons over to my home who started banging on my windows, peeping through the windows and terrorized my little girl (a heart patient) and me. When I saw my child go into heart failure that was the “straw that broken the camels back”! After yelling at the guy through the window to identify himself (and I was holding a big club to bash him if he kicked in my door) he told me he was from BofA and just wanted to verify if anyone was living on the premises. Ohh duh did he not see the cars parked in front, hear the cartoon on the tv that my little listens to so loudly? Naturally, I called BofA after I was able to stablized my daughter and yelled at them, uftt all they said is they are not responsible for the actions of outside vendors they hire. I even tried calling my elected Congressman’s office for assistance and was told as of January 2011 as a member of Obama’s administration they can not get involved because this would present “a conflict of interest” i.e. investment bankers funnel millions of $$$ into their campaigns. All they can do is take your name, address, number and concern. To me this explains the TARP bailout and why nothing has changed. I even tried a few real estate lawyers they are afraid to get involved with distressed homeowners dealing with a foreclosure. I am taking this to court pro se a after BofA sent their goons to my home to scare me and daughter and almost killed my daughter, I want my story out so they never do this to anyone else. And I do believe they will be back to harm me, I’ve heard that part of what Recontrust does for them is keying your door and trashing the place. I wish everyone luck with your situation.
Look down thru the comments, to Aug 2. A young lady named Meggan Alexander asked for help because she was being charged with Mortgage fraud by a FEDERAL court. Well, no one helped her, and she has been convicted on four counts and faces 92 years in a federal prison as well as losing her daughter. Please, lets try and help her. Any media we can get to cover this abuse of power would help. Contact your local news, and put it on your blogs. You can find the original article on GlobeGazette.com Search “mortgage fraud” Thank you in advance.
http://www.fbi.gov/news/stories/2010/june/mortgage-fraud-sweep/mass-marketing-fraud
Operation Stolen Dreams. Never heard of it until you mention this couple. Read the article. If they did what they were CONVICTED in court of law, they should be punished. Why would anyone want to help out crooks & thieves?
Interesting this Operation Stolen Dreams. Seems not just “banksters” are part of this national shame. Tens of thousands of crooks, living next to us, working with us, family & friends to us, are indeed doing their part to bring this county down.
May she & others rot in jail.
Devon …
Went back and found the post you refer to here …
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/comment-page-4/#comments
It led me to this article on “Operation Clean Sweep” here …
Interesting that the FBI has made 485 arrests and had more than 330 convictions of “homeowner” mortgage fraud, but NOT ONE BANKER. It’s also interesting that a working class woman got MILLIONS in fines and faces nearly a century in jail, yet I haven’t heard of a single robo-signer or attorney who had staff sign their name to foreclosure documents or court clerk that accepted fraudulent documents going to jail or being fined.
I wonder why that is.
I’m the first person to preach law-and-order. My main question is whether laws are being applied equally.
I’m also wondering if “too big to fail” has also become “too big to prosecute.”
Can we put thousands (even hundreds) of attorneys in jail? Can we fine and imprison thousands of court clerks (or even judges) who blindly processed fraudulent foreclosure documents that took peoples’ homes? Are the banks themselves too valuable to society to hold them accountable like Meggan was?
How can the legal system be THAT wrong? … and then held responsible for its actions (or inactions) with prosecutions, fines and jail time for the perpetrators.
Can we indict [en-dight], prosecute and punish the entire legal system, coast-to-coast, right down to the county/parish level along with the bankers who designed a system to confiscate homes?
I think you know what my answer would be.
I don’t know the particular details of Meggan’s case … whether she’s innocent or guilty …
… but a simple observation of the math … hundreds of thousands of homes taken under false pretenses with NOT ONE banking, court “officer” or law enforcement official prosecuted … the numbers just don’t jive.
What’s going on here?
I think we all know the answer.
Sahar Class action in Northern Virginia suite is being done by Attorney Dale Pittman’s law firm. ONLY Northern VA (804) 861-6000
I will be contacting them. I have had issues with bank of america too. The more supporters the better.
Tony …
Thought I’d comment about your response above …
I have one, single answer for your ponderings on what’s gone wrong with this country.
The motivation for people to become what they have is really quite simple.
A paycheck …
… and it doesn’t matter how they get it.
Period.
People what way they want when they want it.
Anyone that is deluded into thinking that we are “civilized” is … well … deluded.
We’re not.
Yet, anyway.
no one knows the outcome tony same to be said. with this forclosure thing the big banks got going on. the point I am trying to make is that if we don’t fight no one will. someone regordless of this outcome has to make it known to the public. these banks are evel I just reed an artical about how they are spending there money on big fancy boats and fancy cars mantions and so on all becouse they falsifide documents to pass lone applications that people could not aford.preditory lending, doument froud. thats the bottom line. the world needs to know about this win or lose. don,t you think . we will get back to our conversation sometime Tony its ben good to talk to a brouther see you later
Gary …
There’s an old expression …
“If not me, then who? If not now, then when?”
I have been waiting almost a year for my modification…..I call every 5 days to get the statis…. I am always told it wont be much longer, everything looks good, for no apparent reason I’m denied, WHY???? I’m having extreme heartship….I lost my business due to the economy, and my mom had a debilitating stroke…..What more has to happen for me to Qualify??? I think it’s all a scam!!!!! Bank of America has never had any intention of helping anyone who isn’t behind in payments!
Rosalind, I hate to be the bearer of bad news but there is NO loan modification with Bank of America. Even though they AGREED to participate in the program they are only doing it because they get about $1,000 a pop for just reviewing a customer for a loan mod. It is a lot of money for them if you consider the fact that millions of their customers have applied for a loan mod. I have also been waiting for a year now and I have been given every excuse in the book. It is all a scam. They will lose your documents, find them , ask you to send them again and again and then they will deny you. It is a system that only benefits Bank of America. They are CRIMINALS! I waited so long for a loan mod that I had to eventually stop paying my mortgage because I am so deep in personal debt due to the long wait. That is their plan. They want your house, there is no loan modification. Bank of America is the big bully in the cafeteria who taunts the kids and then takes their lunch. They are pure evil! They have made my family’s life a living hell. We have no idea when we will be homeless with our two special needs children. I cannot stress this enough, everyone must round up some courage and fight these monsters individually. Go Pro Se if you must but fight them. If enough little people corner this bully, we can bring them down!
Rosalind …
Isabel is correct. Even though the banks will modify when they’re forced or have no choice, it is NOT their objective. They have NO interest in “servicing” you or working for your benefit. They don’t work for you, they work for their stockholders, boards of directors and executives … for the sake of PROFIT … period.
They’re even scratching their heads in confusion over why you haven’t moved out so they can sell your home at a perverse profit. After all, it belongs to THEM not YOU. It’s theirs to do with as they please and you’re simply in the way.
You have your nerve for wanting a roof over your head.
Just go elsewhere so they can report good quarterly earnings, fatten their accounts and take a Caribbean cruise.
Just get out. You can’t afford it anyway, right? Become a renter like you deserve. The so-called “American Dream” is paying through the nose for that roof, and if you can’t do that you can’t have the dream. Hit the road. If you can’t pay, you can’t play.
Heck … even the Congress is talking about ending tax deductions for mortgages. Property rights? How do we deserve property? What right do you have to own anything? Ownership is for rich people. If you can’t afford it … lease it or rent it, or get the hell out.
What’s wrong with you? Get back in line. Who do you think you are, anyway? Do as you’re told. Know your place. Just do your job and be a good citizen … and obey.
Rosalind … this is what we’ve come to.
Your home is simply a reason to profit … nothing more.
You might like to view some points that could help your situation. I used to post them here, but they were taking up too much space, so now you can view my “First Day Orientation” and “18 Points for Getting Started” now posted at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
You might also like to read my “metaphorical” story about how this all came about at …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Learn to fight, and learn to fight HARD. Put the pressure on. Don’t give them and inch of space and FORCE them to behave under the law.
The following are two more items will be added to the 18 point list …
19 ) Although it’s controversial and you should check your State and local laws before hand, you can record your conversations with the bank WITHOUT telling them. When they say “This call may be monitored or recorded …” they have broken a basic principle of law called the “privacy covenant,” where phone calls have a basic expectation of privacy. Once they say that, you can record to your heart’s content. But again, some attorneys express caution, so check your State’s laws.
20 ) Research is showing that filing for Quiet Title can be tricky and possibly expensive, although not impossible. It’s my opinion that it’s going to be based on a LOT of research before you dive in. Apparently, the courts will be VERY careful to dot every “I” and cross every “T” and several people are suggesting a Quiet Title specialist attorney.
Of course, introduce “attorney” into it and you immediately add $$$. Make that a specialist and I’d imagine you’d easily double it.
That’s probably where the research plays a critical role … including ramming a RESPA/TILA letter down the banks’ throats, as well as hunting down actual paper records of your loan in your county/parish.
It’s not going to be as easy as “the bank did me wrong, so I want my house” and the judge saying “ok.” There’s going to have to be provable fraud or broken “chain of transfer” eliminating their right to your property.
Even before you approach an attorney, you’ll need to know these things AND have accessed the documentation to prove it, or you’re wasting your time. It’s far from impossible, and could even be highly likely given the MERS debacle … well, shall we call a fraud a fraud … but going the Quiet Title route is going to be work, work, work.
I have been sure all along that Bank of America is a Rackeetering Empire and that it’s dirt can reach the heavens. According to the New York Times this morning, Bank of America has been conducting an internal investigation in order to determine if there are any computers missing, file tampering and scouring thousands of documents in case they become public in wake of the Wikileaks announcements since October. Oh really Bank of America? What do have to hide? Hmmmmm……the plot thickens! I know for a fact that I and many other Americans are victims of crimes committed by Bank of America. The RICO floodgates will open and they are going down!!!
Here is the article: http://www.msnbc.msn.com/id/40885548/ns/business-the_new_york_times#
I have been off this site for a little..distracted with holidays…and trying to tie loose ends on a number of things. I don’t know if this has been posted before, but take a second and check it out. It is short, quick and to the point. It explains how the banks are operating and making big profit from Foreclosure and Short Sales.
I rec’d a Loan Modification after 23 months( on Dec 8, 2010) and that is with pressure from politicians as well as my own letters, etc. They sent a Notary to my house. I am still waiting for copies of signed contract to make their way back to me since Dec.8th. In addition, my account online has NOT been updated, and Credit report not corrected. They said it takes approx 6 weeks for that to happen. We shall see…tick tock…Meantime, I get the standard letter of intent to foreclose..and someone new from BAC has called twice (on Xmas eve) and I do not know what they want…I have now left 3 messages to no avail on return call. It seems this just cannot be put to bed !!!
Check out the video. Happy New Year everyone.
youtube.com/user/fiercefreeleancer
For newcomers and others that would like a refresher …
1 ) It’s critically important for all of us to realize there are no (few, if any) lawyers hounding this site ready to step in and save us. There is NO lawsuit to simply sign up for, so don’t even ask. Lawsuits are State-by-State and this site is not a referral service, but a blog for homeowners to share information.
2 ) The banks have NO INTEREST in modifying your loan. They have NO interest in “servicing” you. They don’t work for you. They work for their stockholders, boards of directors and executives … NOT YOU. Their interest is EXCLUSIVELY profit … nothing more. They make MORE money foreclosing, and they make it faster than waiting for you to pay off your loan. They’ll happily play mind games until you give up and move out … or … can use the force of a court and Sheriff with a gun to boot you into the street.
3 ) Lawyers are RUNNING FROM this issue, not willing to take on the banks. Besides, few lawyers even know real estate law. If you want to fight this thing, YOU have to learn how to. YOU have to learn to be a “Legal Warrior.”
4 ) The banks LOVE class action lawsuits. Class actions make it EASY and CHEAP for the banks. They only have to send ONE legal team to fight perhaps hundreds of homeowners. “It’s like shooting ducks in a barrel.” You sacrifice the individual attention your case needs when you “band together” with others. Banding together is NOT an advantage against the banks. Get it out of your head that class action lawsuits are somehow “bad” for the banks.
5 ) The court system LOVES class action lawsuits. They don’t have to deal with one case at a time, perhaps hundreds. They have better things to do than listen to homeowners case-by-case. But you have EVERY RIGHT to be heard individually. It is NOT to your advantage to be lumped in with others.
6 ) Banks are literally banking money on your ignorance of the law. They LOVE it. They have thousands of lawyers on their payroll … and you know virtually nothing. The expression “Knowledge is Power” is absolutely true here. They have the knowledge to take your home, and you don’t have that knowledge to defend it. LEARN THE LAW … particularly since lawyers are proving to be too cowardly to take on the banks.
6 ) Over and over the banks, their agents (such as MERS) and their attorneys are proving to be perfectly willing to do ILLEGAL things to foreclose on homes. LEARN THE LAW and your rights under it, then pressure them with every ounce of your strength and every tool at your disposal. Call your law enforcement officials, banking and commerce agencies and politicians into account to FORCE the banks to perform LEGALLY, and pressure those representatives to PROSECUTE illegal behavior.
7 ) In addition to learning the law, FILE YOURSELF (it’s called “pro se”) and file INDIVIDUALLY. Individual lawsuits tie up legal teams for EACH case filed AND each case gets the individual attention it deserves. Even though you know little or nothing about the law, LEARN and force the legal system to listen to you. Throwing in to a class action can SILENCE your pleas, NOT get you a voice. Besides, filing “pro se” gives you the ability to hold the legal system itself responsible. You can personally file against lawyers, clerks and judges for not providing you with “due process,” something lawyers would and could never do.
8 ) Stop complaining and ACT. Yes, it feels better when you vent, but complaining gets you nowhere. The banks LOVE IT when we sit around bitching at each other since it literally means we’re not doing anything and simply griping and pounding our fists. For your own sake, remember that THERE ARE NO HEROES … and we have to be our own heroes. Get yourself out of the mindset that they should have helped you … worked for you … and realize they NEVER wanted to work for your benefit in the first place. TAKE ACTION yourself, and use the energy you’re blowing on bitching to hold them legally accountable.
9 ) NEVER GIVE UP. That’s what they want. The entire system is designed to wear you down. Yes, it’s DESIGNED to make you give up. From the start, they’ve been after your house and property and you’re simply in the way. It’s likely they LOVE reading your frustration and aggravation on this web site. That’s their objective … to get you so frustrated and defeated that you leave. LEARN TO FIGHT.
You might like to view some points that could help your situation. I used to post them here, but they were taking up too much space, so now you can view my “First Day Orientation” and “18 Points for Getting Started” now posted at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
You might also like to read my “metaphorical” story about how this all came about at …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Learn to fight, and learn to fight HARD. Put the pressure on. Don’t give them and inch of space and FORCE them to behave under the law.
The following are two more items will be added to the 18 point list …
19 ) Although it’s controversial and you should check your State and local laws before hand, you can record your conversations with the bank WITHOUT telling them. When they say “This call may be monitored or recorded …” they have broken a basic principle of law called the “privacy covenant,” where phone calls have a basic expectation of privacy. Once they say that, you can record to your heart’s content. But again, some attorneys express caution, so check your State’s laws.
20 ) Research is showing that filing for Quiet Title can be tricky and possibly expensive, although not impossible. It’s my opinion that it’s going to be based on a LOT of research before you dive in. Apparently, the courts will be VERY careful to dot every “I” and cross every “T” and several people are suggesting a Quiet Title specialist attorney.
Of course, introduce “attorney” into it and you immediately add $$$. Make that a specialist and I’d imagine you’d easily double it.
That’s probably where the research plays a critical role … including ramming a RESPA/TILA letter down the banks’ throats, as well as hunting down actual paper records of your loan in your county/parish.
It’s not going to be as easy as “the bank did me wrong, so I want my house” and the judge saying “ok.” There’s going to have to be provable fraud or broken “chain of transfer” eliminating their right to your property.
Even before you approach an attorney, you’ll need to know these things AND have accessed the documentation to prove it, or you’re wasting your time. It’s far from impossible, and could even be highly likely given the MERS debacle … well, shall we call a fraud a fraud … but going the Quiet Title route is going to be work, work, work.
does any one out ther know the name of any attorneys that are working for the people of the state of missouri in this class action law suit for home modification i would like to talk to one if you have some names thanks rich.allen@att.net lets kick some bank of america ASS
I am writing in regard to my Bank of America Corporation (BAC) Loan 123456789. I am becoming increasingly frustrated with BAC’s lack of responsiveness as I work diligently on my end to satisfy BAC’s requirements for reinstating this home loan. I request that BAC assign a specific and competent representative to my case, that I can contact directly and consistently to move forward on my loan reinstatement.
On the evening of June 25 (Friday), I arrived home to a package from BAC on my porch, sent through Federal Express and soaking wet from a rain storm (Weather report attached). I opened the package and handled the enclosed wet documents carefully so they would not be further compromised. The documents offered a loan reinstatement contingent upon submission of completed paperwork by June 28 (Monday) and a payment in the amount of $1,875.80. However, there were mistakes in the paperwork; Ex-wife’s name was inappropriately left on as a borrower (and her name was written incorrectly as well). On June 28, I called BAC to discuss. It was very frustrating because I explained my situation to the first phone representative and was then routed to other representatives (seemingly randomly), each to whom I had to repeat the description of my situation. This is what happens every time I call BAC and typically the phone call ends with me receiving inadequate service. On June 28, once I was finally routed to a Ms. Coleman, I became hopeful because she seemed more competent and attentive than any other representative. Ms. Coleman directed me to send the payment of $1,875.80 through Western Union by June 30 and to call you back once I had done so.
Per our conversation on June 28, I sent the payment of $1,875.80 through Western Union at 0945 on June 30 (MTCN # and confirmation #). I was out of town and this was an inconvenient task at the time, but I nonetheless was prompt to meet the requirement by the given date. I called Ms. Coleman (several times), as directed, attempting to confirm that the money was received and I also faxed a copy of the Western Union transaction to (972) 498-5892 but was not able to get through to Ms. Coleman. I could not receive confirmation that my payment was acknowledged by BAC. I have continued to call BAC; most recently, fives times on July 8 and was disconnected all five times, three times on July 9 and was disconnected all three times. To date, I still have not received any confirmation from BAC on this matter so I do not know the current status of my case. Around July 25th, 2010 I called once more to see if my money was received and I was told BAC received the money late and I would have to start the process over again paying another $1,875.80.
Again, I requested that BAC assign a specific and competent representative to my case, that I can contact directly and consistently to move forward on my loan reinstatement. I am eager to move forward and have complied with BAC’s requests. I am putting forth a strong and sincere effort to regain financial responsibility for my home. I do not think it is unreasonable to request that BAC reciprocate a standard level of attention and customer service to complete this loan reinstatement process.
I ask BAC to respond to this request as soon as possible and no later than July 15, 2010. BAC never got back in touch with me.
Desmond …
It’s possible you might be misunderstanding the use of this forum/blog.
You might consider reading through my post above for newcomers.
I can see from your writing and your frustration that you’ve been expecting “service” from the bank. That’s not what the banks want. I go into detail about what they DO want in my post.
You’re just as disillusioned as the rest of us were when we got here … but we’re learning.
There are also no lawyers or professional advisors here to assist you. There’s no class action suit to sign up for. There’s no agency monitoring our writings who will swoop in and save the day.
There are no heroes … just us, and our ever growing Fighting Spirit.
Not only has my daughter’s credit been thrashed, along with her husband’s, but both mine and my husband’s along with theirs since we’re co-signers – you could replace our names with all the others – Bank of America will hopefully not be bailed out on this one by us, the taxpayers, once again – I think the government needs to shut them down and let local bankers have their business – at least then you can talk to someone in person, rather than to “Floyd” in India like I did the last time I tried to find out what in the world was going on with our “Making Home Affordable” application…now working on 7 or 8 months and no answers….
Sandy …
Vent away … we all go through that phase.
Actually, you’re lucky it’s only 7-8 months. Some on here have reported two years. I’m personally going into my seventeenth month.
As far as shutting them down … two things …
The phrase “too big to fail” has been used since 2008. People in power are too afraid of what might happen to the American economy if banks like that failed or got shut down. Of course, that makes them cowards in the face of criminals, but that’s another argument.
We Americans also prize our heritage of “free enterprise.” After all, it’s “just” a bank, “doing business” in a free enterprise system. You can’t simply shut them down for going after profit, now can you? Isn’t that the American Way? Don’t we all want profit? Isn’t that why so many of us (not me) own stocks? To profit without work?
We have some nerve calling a “perfectly legitimate” business enterprise into account. After all, they employ thousands, many of them lawyers. Where would they go? How would they pay THEIR mortgages? How arrogant is it of us to force them to give up their Disney vacation because they lost their jobs?
After all, we’re just deadbeats, right? Didn’t pay, so we shouldn’t play. We should just move out like the little mindless simpletons we are, right?
It’s just a house … so? … so what? Isn’t the profit of this “benevolent” corporation helping so many families and stockholders, not to mention those poor overworked executives and lawyers, more important that a few houses?
Sandy … this is what we’ve come to in this country.
I call it “Domestic Terrorism.”
What else could you call it?
Terrorize people to “pay up or get out” … OF YOUR OWN HOME … and at the point of a Sheriff’s gun.
Heck … in some instances … a few tens of thousands, perhaps hundreds of thousands … they didn’t even bother to tell people to pay up … just get out … using shame, guilt, exasperation, exhaustion, fear, lies, illegal documents and in the end, that uniformed officer and his side-arm.
If that’s not terrorism, I don’t know what is.
Learn to fight this thing.
Please read my post above.
Nice rant Don! I understand why you would call them “Domestic Terrorists”, but I wouldn’t necessary equate what the banks and Wall Street have done as Domestic Terrorism or those involved as Domestic Terrorists.
“Domestic Terrorist” is the name the government, the justice department, the courts and the corporate media probably have reserved for Americans, Americans with their backs against the wall, who have lost their homes, their hopes, their dreams, the ability to feed their family, those who decide enough is enough, I’m mad as hell and I’m not going to take it anymore.
I would describe the actions of the banksters and crooksters on Wall Street as economic or financial terrorism and all those involved as economic or financial terrorists who are no better than religious terrorists who blow innocent people up with IED’s or commercial jets.
Sadly our government is unwilling or unable to wage war against economic or financial terrorism. Our politcians can waste trillions of dollars waging a phony war on drugs or waste a trillion dollars invading other countries to wage war against Islamic terrorists, but we don’t have the will, the stomach or the balls to wage war on economic or financial terrorism. That’s what happens with corporatism.
Unfortunately our elected officials don’t quite understand or care about this part of the oath they take as they are sworn in, “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic……”
But there is no point going any further, we all know what is going on, we know the score, the banks, Fannie & Freddie, the US Treasury, the Federal Reserve and Wall Street are protecting one another because they all are part of this colossal scam.
Good retort Tony …
Yes, I should modify it to “Domestic Economic Terrorism.”
Problem is, we’re a sound bite culture. Can’t make things too complicated. We’ve been conditioned [down] to single syllable words and one or two word phrases to express ourselves.
That’s they way they like it … the “trainers” … Madison Avenue and the corporate/governmental propaganda machines.
That’s the way we like it too. “Life is hard enough” … or … “I don’t have time for this.” … or … “What are you talking about?” … if we ask that at all. Usually we just turn away and go back to our daily concerns, usually scrambling for a paycheck.
One point I’ve made is the idea that people have to get over the fact that the banks are interested in servicing people. They only “service” you for the sake of profit. That concept is too far off most peoples’ radar. They simply can’t believe it could be true.
We’ve been raised to believe these institutions will do the right thing. That’s why hundreds of thousands of people didn’t fight, got embarrassed and shamed, then packed up and moved out …
… as if they’d done something wrong.
All they really did wrong was tolerate the manipulation. They believed what had been pumped into their heads.
Everybody has heard of the “housing bubble.” So what is it? Simply put, it’s Wall Street and the bankers inflating housing prices beyond what they should be … and now they are [trying] to cash in big time.
Right there is a threshold many people can’t accept. They can’t accept that someone … many elite someones … would purposely train-wreck a major part of our economy. People think these things happen “naturally.”
They don’t.
Wealthy and powerful people will always seek to literally own everything. THAT’S natural. It’s simply in human nature … in our “lizard brains” … to want more and more and more. Few people these days understand (or value) the idea of “enough” … especially in the United States.
One of the most destructive aspects of their “social engineering” is the idea they pump into our heads of “us and them.” Even their own corporate cultures promote it.
If you listen to the audio tapes on PiggyBankBlog.com from a management seminar, leaked by someone that was there, bank employees are being conditioned to believe it’s perfectly okay to exploit customers. The song “You’ve Lost that Funding Feeling” says it all … and they laughed as they sang it, meaning it was perfectly alright to take away our ability to “fund” our homes … and they were having fun doing it.
It was perfectly fine for the bank (the “Us”) to undermine our hard work and dedication to work and pay our way … the reviled “Them” who are struggling … while they profited. It’s an American tradition to grind “losers” into the dirt … with an elated smile on your face.
Yes … I’m sorry to say … it’s PRECISELY what Hitler and his thugs did when they recruited “Brown Shirts” from the back alleys and rathskellers (pubs) of German during the 1930’s … promising them a paycheck for repressing people.
Today, it’s just done economically, not with overt violence … but in actuality, it’s still “economic violence” literally backed by the threat of force … the armed court bailiff or that Sheriff with a gun.
It’s literally all for the sake of a paycheck … and the “Us” are those who are collecting a healthy paycheck literally on the backs of anyone who is struggling. If you struggle, you don’t deserve an inch and you are “Them” … simply losers to be exploited, punished and humiliated.
… and it’s all engineered to be so.
Wsj is reporting that attory gens in 50 states are close to a settlement with boa, jpmorgan and others. Pretty much no criminal prosecutions, and a compensation fund to be set up for people wrongly foreclsed. Also they will not be allowed to foreclse if you are in loan modification. Go to Wall street journal for more. This is what I remember reading this morning.
Quick follow up to Yolanda’s post:
I heard the same thing on cable news. Ohio’s State Attorney General, Richard Cordray, was interviewed and asked about a settlement, Cordray stated that there will be no settlement with the banks/servicers until the AG’s are all assured that the banks will begin to actually modify loans and stop all foreclosure proceedings while the loan is going through the MHA process.
I know we’ve all heard this stuff before but one thing is different, we can write letters to our local, State and Federal government representatives, we can write letters to the US Treasury Secretary, we can file a complaint with the OCC but one thing a State Attorney can do that the others can’t is sue the bank or banks, at least this is what my State Attorney Generals office told me when I filed a complaint with them.
Richard Cordary has been a very vocal opponent to the deceptive, fraudulent tactics the banks have been using and has also recently been selected by Elizabeth Warren to head the new Consumer Protection Agency.
Folks, this might be a good thing for us? Not to raise any false hope but if all 50 State Attorney Generals play hardball with the banksters, it could be to our advantage.
The banks do not want to be called to the witness stand in 50 different court rooms and be forced to defend their deceptive and fraudulent practices in front of the public and the media.
If the 50 State Attorney Generals stand firm with their demands, demands that have teeth, we may actually begin to see some action on loan modification’s. Lets all hope this turns out to be true and not another farce or a miscarriage of justice.
I wish there was such a law suite in Florida as we have had the same nightmare with BAC and now they say we are in foreclosure
Russ, my suggestion is to answer your foreclosure and countersue them. Florida is one of the states that you will have a judicial hearing in court unlike other states in which people find out that there home is being foreclosed by other means like an ad in the paper, etc. If you do not have an attorney at least answer the complaint filed against you denying their allegations and countersue them. State your case. This will be the most inexpensive way to sue them back. They are already paying for the filing fee and other costs and therefore that is something less that you have to pay. You can do it Pro Se or with an attorney. Even an attorney will tell you that this is the cheapest way to sue Bank of America. I was told this several times by different attorneys that this is a good cost-effective strategy. Most people just let Bank of America take their house and not even show up in court to defend themselves and give up because they are scared of the big guys. Bank of America knows this and they use this to their advantage. They are criminals and criminals take advantage of their weaker victims. I really hope that everyone that is being unwrongfully foreclosed by Bank of America answer with a countersuit. I am sure that most victims will win.
This entire debacle is absolutely astounding to me. How BoA can get away with this is beyond me. I live in Georgia…have lived in the same home for almost 20 years, was with countrywide before BoA took over — and like almost all of the bloggers here, am in the same boat. “trial” payments awaiting complete modification, was told to hold back and not pay to get behind, then told to keep paying the “trial” payment…and today I was told to stop paying period. Been paying the “trial” payments since August 2010, just got a letter of intent to accelerate in the mail stating that we were over 5k behind, and that if we didn’t pay within 30 days, forclosure was going to be started. Anyone in Georgia with any information that can help PLEASE PLEASE PLEASE email me, I won’t be able to get on here regularly but email me with any information! Sblevins_24@yahoo.com THANKS!
I have applied for a Loan Modification with B of A several times for the past year and i keep getting denied. The first time was back in De. 2009 and i was denied and Bank of America suggested that refiancing was the only method that they had for me so i did. well months later i was still struggling with my mortgage payments and called B of A and they denied me again cause of type of refinance i did. I told them thats what they offered me and that they were aware of my situation. I was so mad at them because i believe they knew there were 2 types of refinance i was able to do and they only offered me the one that would letter disqualify me of a loan modification. I have applied several times for a loan modification and everytime i apply they have a different xcuse why im being dinied. They basically have advised me several times that i will not be approved for a loan modification if im making my payments on time. The only way im get help is if im delinquent on my account, other words i need to have missed over 3-4 mortage payments. I was sick to my stomach when they told me that. First they told me i did not qualify due to that i had refinance my house and then bacause i was unemployed, another reason was i did qualify under a program for people that are collecting unemployment insurance but weeks later i was told that i was being denied again. i had just applied again for a loan modification and this time Bank of America gave me another excuse why i was being denied for a loan modification. this time iwas being denied was because my loan invester does not participate in loan midification. im just sick and tired of all the excuses that Bank of America has giving me. I hav enever been late on any of my mortgage payments till now. I just really dont know what to do. anybody out there have any advise for me please email me at vegas0490@yahoo.com. thank you
IM looking for anyone who has a class action lawsuit against Bank of America mortgage modification as I too would like to be a part of it I have gone through all their hoops & B.S. contact me at norm98@earthlink.net Thank You
I suggest that everyone contact the Office of the Attorney General in your state. I did contacted them and they wrote me a letter saying that my complaint will be included in their industry-wide investigation regarding the matter. They also advised me to file a complaint with the Office of the Comptroller of the Currency Customer Assistance Group 1301 McKinney Street, Suite 3450 Houston, TX 77010-9050, phone #800-613-6743, email: customer.assistance@occ.treas.gov, website address: http://www.occ.treas.gov
Hope this information will be helpful to you.
We originally filed a request for modification on or around April 2008. We were put on a temporary modification for several months. When our financial situation did not improve, we were told to reapply which we did on or around May 2009. We submitted all requested paperworks and I personally called the number provided on a regular basis to check on the status of our modification request. I was always told that it was being reviewed and that I have to be patient. Sometime in August 2010, I was told that my request was finally assigned to an negotiator on August 13, 2010. Again, I was told to be patient and to keep on calling to check for the status of my request. We never received any paperwork regarding the modification request.
It was very frustrating because everytime I called, I was told a different story of what was happening to my loan. Some representative made me very upset for their rudeness and some seems to be helpful but there was no consistency. There were days where I would call 5 times and get 5 different responses. At this point we still have not received any paperwork regarding the modification so I just relied on what all their representatives were telling me.
On 12/5/10, I was told that there was a sale date on my property of 12/27/10. I was told that the sale date will stay in spite of the fact that my loan is under review for modification.
On 12/10/10, I was told to call on 12/13/10 to request for a postponement date. On 12/13/10, I was told that my request for postponement will not go through until I pay half of what I owe. I was told to set up an appointment to talk to a supervisor the following day.
On 12/16/10, a supervisor called me and told me that Fannie Mae requires me to pay $16000 before I could even be considered for a loan modification. I told me that I do not have that kind of money, she told me that there is nothing that they can do for me at this point. She said that the HUD number that they provided to me was just a requirement for them which does not have any bearing on the foreclosure process.
On December 23, a representative called me and told me a different story. She said that I will not qualify for a loan modification because I haven’t been paying my loan for a year. The last payment I was able to do was in November 2009. They sat on my request for loan modification which I refiled in April 2010 and now they were telling me that it was too late because a year has passed already and it is a new policy to disqualify requests when the last payment was over a year old.
I am very scared because I have 3 kids living at home and the sale date is 2 days after Christmas. I went to see a realtor to see if I could short sale the property to give us time to think of what we will do. The foreclosure was extended until April 27, 2011.
I fought with Bank of Am for almost 2 years to save my home. They turned me over to there Atty’s Tiffany and Boscoe in Phoenix, they are apparently the kings of foreclosure here in AZ. I had not missed a payment, nor been late once. They put me on a “forebarence” reduced payment until my loan was “modified” Ha….. They lost Money orders, checks, and stuck my payments in some suspended account, that made it look like I wasn’t making payments. I called and wrote to everyone I could think of. Finally my AZ Senator, John McCain (atleast someone from his office)wrote to B of A, and 6 months later I was modified. My payment only reduced $181. It is still too much to handle, we are at their mercy!
any one have ideas for pro boo attorney call me 704-674-7279,don s. send respa tila act again
Deleon …
The letter you’re asking for is the “Written Qualified Request” that demands information from the bank that is critical to understanding the charges, fees and documents related to your mortgage, all under the “Real Estate Settlement Procedures Act” (TILA) and the “Truth in Lending Act” (TILA) as well as other Federal and State statutes.
I have a warning, though …
The bank will FIGHT you for any information regarding their legal right to foreclose and [likely] REFUSE to provide proof that they have the physical paper copy of your mortgage note OR provided the documents proving the “chain of transfer” if it was sold to someone else.
They will also sidestep justifying any charges they want from you, regardless of what they might be or whether they caused them, usually through delays, but also if they used the court and outside lawyers to foreclose.
I have to remind you of something here … and that means all readers, not just you Deleon …
YOU MUST FIGHT … and FIGHT HARD …
You can’t simply send a letter or make a complaint and expect results … YOU HAVE TO PUSH and use any agency, politician or law enforcement agency that will listen and act.
The Attorneys General are proving to be more responsive these days with the nationwide investigation of banks. The OCC (Office of the Comptroller of Currency) is also responding, as well as various politicians like Congressmen/women and Senators.
CALL THEM … and don’t just write … and PARTICULARLY don’t email them. Emails are the next best thing to useless. Personal contact at least over the phone is much more viable. If you can’t get through by phone, write a snail mail letter and send it certified/return receipt so you know they get it. They’ll also see you’re serious. Emails are NOT taken seriously unless they know who is writing and why and you have a specific contact.
Google your State/Federal politicians and Attorney General and get in touch with them IMMEDIATELY. The OCC is at …
Comptroller of the Currency
Administrator of National Banks
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
If you want to pick out a specific individual at the OCC, see this list …
http://www.occ.treas.gov/about/leadership/index-leadership.html
Lastly …
About your request for a pro bono attorney …
DON’T HOLD YOUR BREATH.
You won’t find one. People can’t PAY lawyers enough to go up against the banks, much less find one who will work for the award. They have been telling people to FORGET IT, so looking for one pro bono is a waste of your time and effort.
Learn to file Pro Se … learn the law yourself and file against the bank. You MIGHT be able to get a paralegal, retired lawyer or possibly even an off-case lawyer to help you, but filing YOURSELF is a far better, faster way to go once you have some idea of how to do it.
LEARN.
“What one man can do, another man can do.”
I have to be frank with you … you’ll have to learn to write full sentences, complete with correct capital letters, proper spelling, proper grammar and punctuation … either for communicating with agencies, politicians or law enforcement … but ESPECIALLY in any filing you might do with the court. Improper and incorrect communication with any of these people will get you IGNORED and rejected.
You simply can’t avoid it.
I’ll look up your email address in the next few days and resend the
“QWR” as well as samples of other possible filings.
thanks don send both letters,to above,I have contacted o.c.c. still pending review
thanks don i have contacted o.c.c. case still pending, BOA offce of CEO contacted me also . Her and I argued. Don please send this and other letter to address above
Sorry Deleon … I don’t see an address. I’ll see if I can find it in the morning … if you don’t repost.
My story is like all of the above, yet I find myself in another delima.
I have now been out of work for 2 years. I was able to receive a loan “rework” Jan 2010, after fighting with BOA for 2 years. I can no longer make the full payment of $1063, I can make my interest and Principal of $860, (this is less my escrow) which they overcharge me on. I live on widow benefits, and after my housepayment I have $300 to live on….BOA new this from the getgo…I have exhausted my searc for employment, and my unemployment benefits of 214 a week. I guess here I go again with the nasty foreclosure notices from Tiffany and Boscoe, the Foreclosure Kings of Phoenix!!! IF I could make my payment of $860 I would have 140 a mo. to put food on the table for my son and I. I think I am in for another fight. I hope I have the strength this time.
Does anyone out there know of an attorney that would take on, or is taking on this Giant Beast “B of A” here in AZ??? I did it alone August of 2009, but things are really harry now, and I would like some back up in numbers. Would love to get involved in a class action. I have pounds of ammunition, in the form of folders full of paperwork accumulated over 2 years.
Mallory …
One thing I’ve found fascinating about the whole situation is how we all … and yes, I’m including myself … bought into the idea that a class action lawsuit is somehow bad for the bank.
As a very brave lawyer pointed out a couple months ago here on the forum, and it’s been supported by many others, the banks (or any corporations) LOVE class action lawsuits.
Why?
Well, as I pointed out to Sahar above, there’s several reasons —
A) It makes it easy for the bank by having homeowners jump in a barrel with all the other ducks … just to get shot by one, small legal team. It’s EASY for just a few, perhaps only three or four lawyer to go to court against perhaps HUNDREDS of homeowners.
B) It makes it cheap for the bank by just tying up a few of their lawyers, instead of possibly HUNDREDS of teams of lawyers to fight homeowners that file individually.
C) It throws away your individual right to be heard by a judge and/or a jury to have your case get the attention it deserves. You’re lumped in with perhaps HUNDREDS of others whose cases may be different than yours. Cases are won on the details and your case’s details EVAPORATE in a class action.
D) It will allow the banks the opportunity to silence perhaps HUNDREDS of homeowners by taking all those cases all at once to settle them, possibly never even going into a court and the public won’t hear what bastards they’ve been. Many class actions are settled out of court and include “gags” that prevent certain facts from being heard publicly, and that’s on top of never getting perhaps critical evidence of their wrong-dong on the court record in an open trial.
How is ANY of that good???
Class action lawsuits are a PATHETIC way to attack banks and hold them accountable.
We have been trained in this country to believe certain things are good when they’re NOT.
Class action lawsuits turns many voices into ONE. In a court, that’s TERRIBLE, not good … one legal team, one judge, one jury, one case … not possibly THOUSANDS of voices … only one.
Many hundreds, if not thousands of cases hurt the banks. Handing them ONE case is legal heaven for banks … cheap and easy.
Law enforcement (Attorneys General), politicians and agencies (the OCC), are listening because of those thousands of voices. When you lump yourself in with many others, it’s FAR less effective.
You might say “There’s strength in numbers” but in this case that’s simply WRONG … those numbers have to remain INDIVIDUAL for them to have any effect. Those numbers have to eat away at the banks’ ability to fight, and draining their resources to defend THOUSANDS of cases will do that.
ONE case will do little or nothing.
I came into this forum believing what you do … but learned otherwise.
Don is 100% correct about class action lawsuits. In a class action lawsuit one stone thrown by the banks kills a hundred birds (homeowners). But if people can’t afford a lawyer or are afraid or unwilling to go Pro-Se, then of course your only option is a class action lawsuit.
How do I get in line with the class action Law Suite in Michigan if there is one against BOA who took over Country Wide and screwin me on escrow and extra monthly charges? I am only days away from loosing everything I have done and invested and not wanting to let it go without a good fight.
Thanks,
Jim
James …
Please see my post for newcomers about halfway up the page.
Also … please read through the posts on this web site, particularly recent weeks. Both others and myself draw a fairly clear picture of what you’re up against.
For your own sake, please read and learn about what your fight IS … and how to wage it.
WHEN?
Where do I sign up for the law suit?
I have been going through all types of garbage with this company for months!!!
Does anyone know of A law firm in Pa. that has enough guts to stand up to Bank Of America on my personal case.
I have been calling around and they are all tucking there tails and running in the other direction.
I would be happy to talk to an attorney in person and not just a secratery for a reason why they will not except the case.
The latest joke is a law firm actually sent me a certified letter to tell me they would not even talk to me about A case.
So who do they have in there back pocket and why doesn’t our government help us????
Chris …
Your first post is like so many others, and probably similar to mine back in August …
… but there is NO lawsuit to sign up for, not here anyway.
I’m in PA and there are no more attorneys panting at the prospect of taking on the banks here than there are anyplace else. They’re literally running scared. In fact, one PA law firm was so corrupt, their staffs prepared and SIGNED foreclosure documents for years on hundreds of cases.
I can see you’re also stuck in the mindset that: “these-people-are-supposed-to-do-the-right-thing” …
No, they’re not supposed to do “the right thing” … not according to them anyway. That’s not what banks are in business for, and that’s not what the people who work there see as their jobs.
Their loyalty is to the profit they make for their companies and the paycheck they take home.
We’ve been trained in this country to [falsely] believe that institutions like banks are supposed to do right by customers.
Sorry … but the truth of the matter is that they’re supposed to do right by their stockholders … and that means profit …
… and if it means booting you into the street after months of dragging you through the emotional gutter … so be it.
They don’t care about YOU … they care about PROFIT …
… and they can see more profit faster foreclosing rather than waiting for you to pay off your loan.
Please see my post for newcomers about halfway up this page.
For your own sake, read and learn what you’ve gotten yourself into … then learn how to fight.
Don Sweet,
You sir, are a well of information and I think should run for pres. You make more intelligent sense than anyone on here. I was just informed yesterday about class action lawsuits concerning BAC. and I almost signed up for one. But decided to do more research before I do. The one I found however is guaranteeing those who sign up, complete protection from being foreclosed upon. Have you heard of this and they also are wanting litigation fees (a couple grand)now before the suit settlement. But, if a person stops making the house payments and are protected from foreclosure, they could afford the fees…..Do you know if this is legit or not or even another intricate scam? The law firm offering this is pakramerlaw.com. I have been scammed too many times and don’t want to go with this firm if this one of those things that’s too good to be true. I also have already written to the Controller of the Currency and they have assigned me a case # and started corresponding with me.
I’m not sure they will do much since they do not act as lawyers at all and may be just stalling everyone like the others doing the same. I am going to go to your site and read what you have.
Kathryn …
Thank you for your comments.
A minor adjustment to what you’ve said is that I wouldn’t know what I know if it were not for the active, knowledgable people … homeowners like us … who have researched and learned about this situation through cooperation on this forum. I consider myself a lens to focus information, not its source.
Glancing through the front page of the law firm’s site, their words reflect precisely what’s going on. That’s encouraging.
I particularly like:
“designed to drain the last few dollars”
“strategically delays the inevitable foreclose and wants to get some cash flow at the borrower’s expense”
“banks have lied, and they have manipulated the process”
“banks have lied, forged documents, robo-signed, intentionally shredded and discarded borrower documents”
Yes, all these things are true, and it’s good to see a law firm at least saying them.
My only “red flag” is the thousands in retainer fees they’re asking for. Yes, it’s only natural that people providing a service would want to be paid … especially a “specialist” like a lawyer or an entire law firm.
That’s all well and good for folks who HAVE the funds to retain them.
Reading further with their “Learn More” page, they’ve actually laid out their strategy … not in detail, but it’s there.
It’s fairly typical of any lawsuit … take the EXTREME position. They appear to want to claim that mortgages have become entirely INVALID by fraudulent documents and practices by the banks, and are going for outright ownership.
If they have the power to do that … which they may … fine for the homeowners …
… but there’s another typical “snafu” I can easily see brewing here.
This litigation could take YEARS … and yes, they discuss halting foreclosures in the process, but I contend there’s no guarantee they’d get that. They also discuss “settlement,” but don’t clarify if that was in or out of court … or … how much the law firm got, either from the settlements or from the homeowners.
The REAL snag here is the very nature of “business” in this country … to MAKE MONEY … and that includes law firms.
Sure, they have a legitimate claim to “earning” by representing you and show up and work for your interests, but at what real cost? Particularly from people who can’t easily afford what they’re suing over in the first place?
My point is … the fact that the entire system is DESIGNED to make you PAY … and pay and pay and pay.
It’s all well and good that this particular firm wants to go for the banks’ jugular vein and “are seeking a complete dismissal of the lien” … meaning getting you your house free and clear based on the banks’ fraud …
… but don’t you think the banks will fight that with EVERYTHING they have … tooth and nail … with every bloody, dirty trick they can muster? And for YEARS? And in the meantime, you may have a roof, but your thousands in a retainer is gone, and you can LOSE.
Even if a system like this isn’t “conspiratorial” … meaning planned to suck us in to suck us dry of every nickel … that’s what it’s doing.
So … how DO we fight this thing without going [more] broke in the process?
We need attorneys because we don’t know the law.
The answer is really quite simple.
LEARN the law.
I take my example from a 72 year old woman in Florida, Patsy Campbell, that has been fighting an illegal foreclosure for 25 years. She got the help of a retired attorney and has been filing HERSELF all that time. They call her “The Pro Se Litigant from Hell.”
http://online.wsj.com/article/SB10001424052748703865004575648900250047766.html
“Pro Se” is the legal term for filing yourself.
Now you can say, “I’m no lawyer” or “I don’t know any lawyers” or “I can’t find a lawyer that will help” …
… but frankly, after reading her story (and some fairly minor research) it’s not THAT hard.
“WHAT ONE WOMAN CAN DO, ANOTHER WOMAN (or man) CAN DO.”
Do you remember writing a report in history or social studies when you were in school? THAT’S all a court filing IS. All you need to know is the English language and what class you’re filing for … “Injunction” or “Motion to Compel” or “Request for Production of Document.”
Yes, we all hated school (banks and lawyers like that, by the way), and none of us want to go back … but how hard are you willing to work to save your home? How hard is it REALLY?
Why leave the very roof over your head up to someone else? Why pay even MORE to try and keep it?
No, learning the law isn’t for everyone, but more of us than we imagine CAN learn and file for ourselves. Class actions are NOT good for us individually … our individual rights are compromised, our individual cases are blurred and details are lost … and cases are won on the DETAILS.
Besides, you (personally) can hold the COURTS accountable AND drain the banks’ resources with multiple suits, forcing them to employ hundreds if not thousands of lawyers … and FORCE them to deal with you face-to-face in a courtroom.
THAT’S bargaining power …
… NOT lumping yourself in to a single suit.
Anyway, only you can decide what’s best for you, but I contend that the very reason we’re in this predicament is the fact that we were ignorant in the first place. Continuing to BE ignorant is no solution.
Even if all you do is learn the law to watch over the attorney you DO find, it’s better than leaving your fate entirely up to “officers of the court” whose main, personal goal is to make a living off of you.
In order for us to get out from under this system of taking our money … whether it’s “conspiratorial” or not … whether it’s the “system” or not … whether it’s banks or lawyers … KNOWLEDGE is the “magic bullet” and AWARENESS is the gun.
Something to think about.
I have been trying for 2 years to get a home modification from Bank of America, they have lost my paperwork a few times other times it’s just sat in the computer for months at a time. I was finally called just before Christmas, they wanted me to re-submitted the paperwork, because they said it was time senative. So I race around to re submit the paperwork only to be turned down. I am so frustrated by this company I can’t even see straight. Is there any justice in this world? If so I think someone really needs to go after this company, they accepted funds from President Omaha and they are not living up to their a agreement. Why is it the little people have to do everything right, while these big corporation get away with murder and no one does anything about it?
Linda …
Several times in several different ways I’ve answered your questions on this page and throughout the forum, as have many others in their own way.
Please see my posts and read through this forum, particularly the post for newcomers about halfway up this column.
You are stuck in the same mindset many of us had going into this … that the banks should do the right thing … or that agencies and politicians should be forcing them to.
Wrong.
Dead wrong.
We’ve become a nation of “profiteers” and the entire system is geared to make that happen … evolved to the point where few people even question theft.
Only YOU, individually, can force the system back to what it “should be.”
Keeping silent all these years and not knowing about the law and the system … or not caring … is how we got here.
Banks have ONLY been able to get away with this because WE … as individuals … tuned them out, turned our backs and literally LET them get away with it.
Why else would a law firm in Western Pennsylvania hired by Bank of America get SO LAZY and SO NEGLIGENT that they had their staffs sign their names for years to hundreds of fraudulent documents?
Because no one was looking … no one cared … not even the courts they submitted the illegal paperwork to.
People simply collected their fraudulently acquired paychecks and went home … with OUR backs turned WANTING to be in the dark … not wanting to be bothered with “legal stuff.”
“Freedom isn’t free.”
How does that apply here?
YOU are responsible for making sure criminals don’t take advantage of you.
It’s a hard lesson, and one few of us are willing to face up to.
I’ve gone through it myself … but once I got over kicking myself in the ass for being ignorant and self-absorbed, I realized we ALL have to wake up …. and take action.
Your post is PERFECT in the fact that you’re outraged and asking questions. The next step is to learn how to be a “Legal Warrior,” not leaving this up to others, and taking on the fight yourself.
Turn your outrage into ACTION and hold everyone who is accountable … well … ACCOUNTABLE for making this work the way it should.
i urge you to not sit and wait for them to answer you get a lawyer involved, by yourself they always end up messing you up, don’t deal with Real Estate agents or agencies acting on your behalf they don’t know what they doing either/law, cause they WONT!!!i did that and now time is running against me and this is how: I’m one step on the street, after waiting for an answer to my loan modification application with BOA for 20 months, finally i decided to call my state senator which they helped me to get bank of America to give me an a phone call!!!!! so finally the “ceo of BOA contacted me and since them they asked me for every possible proof of evidence with my name on it even a letter saying that i understood i wasn’t getting 5G from the HAMP program in order to get the traditional modification which i never knew you i was entitle to it but they requested that letter and i did send it just because they were apparently trying to work something out with me and i was even giving a payment starting date and new payment amount and, lastly now Jan-11 they told me they got good and bad news for me that they had my “approved modification paperwork” ready to send me but my PMI insurance didn’t approved my new loan amount and for me to seek legal advice. WHAT an excuse!!!!!!i don’t even owe more than 500G comparing to what others owe and maybe the PMI may raised the monthly amount but i dough it they denying it period, since insurances all they want is their monthly payment.Well now im looking for a lawyer for advice i guess for the finals as to how to get out of my house i guess since sheriff sale is next, and definitely one for class action law suit.
I’m from NJ i found a class lawyer from NY on here, If you are interested in becoming involved in a class action,regardless of where you are located, contact her as per the below information:
Lynda J. Grant
TheGrantLawFirm, Pllc
521 Fifth Ave., 17th Floor
New York, NY 10175
212-292-4441
lgrant@grantfirm.com
good luck all
Saira …
Your post is confusing to say the least, but then that’s the way the banks like it. They love it when we chase our tails.
You’re exactly correct that you shouldn’t sit … get busy and fight them on legal grounds … any way you can. After all, this is about contract law.
You’ve learned what most of us have … HAMP pays the BANKS … not us. They are given $1,000 each just to TALK to us … not to modify. All they have to do is write us a letter proving they’ve made an offer and they get their Grand … at least that’s what they’ve been doing.
But they want more.
They want our homes.
One thing I might disagree with in your suggestions is to give up on agencies or even politicians … that they won’t work for your interests.
That’s true IF we stop calling them into account … complaining and expecting them to take action.
Banks are IGNORING us as homeowners. Oh sure, they “talk nice” on the phone, but that’s just a mask. They want profit, and you’re just in the way … a squatter … that they’re wearing down to get you out so they can sell and profit.
Banks will ONLY listen to “authority,” not you as some peon homeowner who is nothing but a thorn in their side.
So I disagree that we leave agencies or politicians out of it. I feel we need to put MORE pressure on them, not less.
That’s where “strength in numbers” works … not a single voice … but MANY, and never shutting up.
Call, call, call and write, write, write to these agencies, law enforcement and politicians.
Don’t say “I’m mad as hell and I’m not going to take this anymore” just ONCE. Say it a THOUSAND TIMES and never let them off the hook.
Also … interesting that Ms. Green’s phone number Googles not to her, but a fellow named “Jason M. Green” and there is no “grantfirm.com.” The web site is “parked” … meaning owned but not active … by GoDaddy.
It took me all of about 4 minutes to find serious questions about your reference.
I’ve been on the merry-go-round with Countrywide, now Bank of America, seeking a home loan modification since October 2008. After, having made 10 payments, weeks in advance, in my “3 month trial MHA mod”, I recently received a letter that I do not qualify for the MHA permanent modifcation. Numerous calls to B of A, have resulted in conflicted reasons for denial, and absolutely ludicrist shifting of blame to nameless clerks in the employment of B of A. “One clerk didn’t transfer my income from the MHA app correctly”. “Another clerk didn’t have my debts correct, since I have already been discharged from a chapter 7 bankruptcy, but paperwork shows the old monthly expense,” not my modified expense, making debt to income ratio “appear” to be a problem. Two depts. can’t talk to each other and work out a solution, the HRT and the Bankruptcy Dept of B of A. And, of course, no one at the B of A has ever had any of the 4 complete packages of financial paperwork I’ve sent them certified, return receipt, over the past 2+ years. They only have some clerk’s notes, not the actual paperwork. I’m beginning to think the B of A shreds every piece of mail and fax upon receipt!
I received notice of foreclosure within the same week I received the notice regarding my bogus disqualification for HAMP. Foreclosure to take place on Feb. 1st 2011, although, B of A also said they were looking into other modification possibilities. Somehow I doubt they will come through on any other modification. I have read and re-read the HAMP qualifications and I know that I DO qualify for a modification under this program. Does anyone know who to speak with or write in the State of Georgia for assistance? Any class actions in the State of Georgia? I would really appreciate any advice or info anyone has; my e-mail address is francis509@bellsouth.net.
Thank you and good luck to you all! Christie
Christie …
Google is your friend.
For Georgia’s Attorney General (Googled: Attorney General Georgia) …
http://law.ga.gov/02/ago/home/0,2705,87670814,00.html
For your State politicians (Googled: Congress Georgia) …
votesmart.org/official_state.php?state_id=GA&dist=&go2.x=5&go2.y=8
In the link above I found “Robert Braswell – Commissioner of Banking and Finance” interesting and someone you should probably contact.
For your Federal Congressman/woman (Googled: Georgia Congressman) …
house.gov/house/MemberWWW_by_State.shtml#ga
For your Federal Senator (Googled: Georgia Senator) …
senate.gov/general/contact_information/senators_cfm.cfm?State=GA
Please see my list of suggestions on how you might fight for your rights at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
You might also like to read my “metaphorical” story about how this all came about at …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
The following are two more items will be added to the 18 point Getting Started List on PiggyBankBlog.com …
19 ) Although it’s controversial and you should check your State and local laws before hand, you can record your conversations with the bank WITHOUT telling them. When they say “This call may be monitored or recorded …” they have broken a basic principle of law called the “privacy covenant,” where phone calls have a basic expectation of privacy. Once they say that, you can record to your heart’s content. But again, some attorneys express caution, so check your State’s laws.
20 ) Research is showing that filing for Quiet Title can be tricky and possibly expensive, although not impossible. It’s my opinion that it’s going to be based on a LOT of research before you dive in. Apparently, the courts will be VERY careful to dot every “I” and cross every “T” and several people are suggesting a Quiet Title specialist attorney.
Of course, introduce “attorney” into it and you immediately add $$$. Make that a specialist and I’d imagine you’d easily double it.
That’s probably where the research plays a critical role … including ramming a RESPA/TILA letter down the banks’ throats, as well as hunting down actual paper records of your loan in your county/parish.
It’s not going to be as easy as “the bank did me wrong, so I want my house” and the judge saying “ok.” There’s going to have to be provable fraud or broken “chain of transfer” eliminating their right to your property.
Even before you approach an attorney, you’ll need to know these things AND have accessed the documentation to prove it, or you’re wasting your time. It’s far from impossible, and could even be highly likely given the MERS debacle … well, shall we call a fraud a fraud … but going the Quiet Title route is going to be work, work, work.
More …
These are some agencies and people you should also consider contacting …
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
Large Bank Licensing Expert
Comptroller of the Currency
250 E Street, SW
Mail Stop 7-13
Washington, DC 20219-0001
(202) 874-5060
Fax (202) 874-5293
Fannie Mae
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
For Freddie Mac (if they are listed in your paperwork, rather than Fannie Mae) see …
http://www.freddiemac.com/corporate/about/contactus.htm
Others …
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 who will listen
NOTE:
CALLING is far better than emailing, particularly with your politicians. Next to that, there’s ACTUALLY WRITING a paper letter. Thinking that emails are effective is an illusion. In our society, emails are all too easily ignored.
Think about the person on the other end. They may get hundreds (or in the event of an agency, thousands) of emails, but either a phone call or a letter will get received by a LIVE PERSON. If they hear your HUMAN voice, they will be more responsive.
Emails are an easy, lazy cop-out … and NOT personal contact. This is a human problem and should be communicated from one real human being to another.
Again … Google is your friend.
Some tips …
The order of your words decides the priority of the search. Put the most important words first.
Putting words in quotes searches the EXACT phrase. It can be the whole phrase or just some of the words. You can mix quoted and non-quoted.
After your search words you can use the minus symbol (with no space following) to eliminate specific words to search. For example, if you get too many search results for “corruption” when you’ve searched “politicians,” add -corruption after your search.
Don’t just glance at the first few search results and get discouraged. Sometimes the page(s) you’re looking for will appear lower on the list … and … vary your search words re-searching if you don’t get what you’re looking for.
Learn from your searches, then search again with the new words you’ve learned. You may not know exactly what you want, and your searches will give you new ideas. Search again with what you’ve learned.
TAKE THE TIME. We live in an “instant gratification” society. We rush around like de-headed chickens. People who want to control us and steal from us LOVE IT when we’re too busy to bother knowing or learning anything. There was never a more important time in human history than now for you to take the time to understand things. “Knowledge is power” and as long as you’re too busy to know and understand something, people who DO know will have power over you …
… that’s how they’ve been taking peoples’ homes.
Also Christie …
In several places on this page alone I discuss how class action laws suits are NOT good for you. Please read this forum for mine and other folks’ opinions about “legal filings.”
On dec. 22,2010 I recieved a denial for modification for Obamas making homes affordable.. for one simple reason… I had to read it over like five times because I thought my eyes were fooling me. “Property not owner Occupied”! Really well bank of America where do I live? Why would I apply for a modification on a house that i wasn’t living in when all the documenataions i gave you staed i live in the property. I wrote to them and said well you already consider me homeless since you are not helping. i hope they are proud to put myself and my three children out on the strets because of their negligence!!!!
Carrie, I’m just wondering. At any time during the process, has Bank of America ever requested a copy of your most recent utility bill statement? This is what they usually ask for to verify that the owner is occupying the home.
As big as a hassle that it is, I would call Bank of America’s home retention department and find out how the #%@$ they come up with the determination that you weren’t occupying the home as the reason for being denied.
They will most likely give you some song and dance story, tell you to reapply and start the nightmare all over again, it’s what they do and get away with. They want the homeowner confused, angry, lost and scared.
The ball is in their court and apparently they make and break all of the rules without facing any legal consequences.
If you reapply remember to fill out the MHA application completely, make sure to include:
* a copy of income, tax and bank statements
* a copy of the most recent utility bill with the address of the property on it.
* A written and signed hardship letter.
* Fill out the 4506-T tax form if they request it, include a written statement explaining why the 4506-T tax form isn’t applicable to you, if it isn’t.
Allegedly, one of the problems with Bank Of America losing some many documents is because they need to be scanned and put into the homeowners digital online file.
Check with Bank Of America within 10 days after sending the Fed-Ex MHA packet and documents back to them. Make sure they have all of the needed documents.
They use every game in the book to delay your process, it is frustrating but all we can do is keep hounding them, with a slight hope that the government will force some changes, which I wouldn’t count on.
Does anyone know of a class action lawsuit against BOA in GA?
BANK OF AMERICA absolutely needs to be held accountable for their actions. I fought for 2 years to get refinanced or Home Loan Modification. I was put in a “Forbearance Program” which was truly ONLY to take more MONEY from me. After hundreds of hours talking to people who knew NOTHING and never had the same information as to my situation I finally was forced to Short Sale Dec 2, 2010. I paid $345,000 for my condo in 2007 and the bank took $200,000 from someone else as the buyer…. is that NOT a Home Loan Modification in some way??? The new buyers are certainly paying a substantially lower mortgage than I was ever given a chance to do. AND B of A has MY $100,000 down payment….my life savings!!! I now must start over and Bank of America get richer!!!!!!!!!!!!!!!!!!!!!
In 2010 banks repossessed 1 million homes and a record 2.9 million homes received foreclosure notices.
Now for the bad news.
Lenders are poised to take back more homes this year than any other since the U.S. housing meltdown” started in 2006.
More proof that all of those congressional hearings on housing, servicer practices and foreclosure, were and are just political theater to make it appear that our elected officials are doing something to help the homeowner.
We are on our own folks. We are witnessing the biggest land grab since the white man stole the land from the Native Americans, where will we put all of the homeless this time?
Tony …
More true words have never been spoken.
I can’t help but point out that the majority of Americans … including many here … literally live under delusions.
I have to include myself in that category since I entered this HAMP/MHA process under the delusion that banks, government and institutions would do what we call “the right thing.”
And this is despite the fact that I knew the power structure has had an agenda of domination for decades … and let’s be realistic … for generations.
Owning and utterly controlling the very land we live on is one of their key objectives.
This is something Americans simply can’t wrap their heads around. Just like a person calls the leased car in their driveway “my car,” it does NOT belong to them, but to the bank. The banks … and the power elite … want DESPERATELY to OWN everything … and make you pay rent for it.
Americans simply cannot come to believe that anyone in power would want such a thing. They simply can’t accept it.
Even now, under the current system, they can’t believe it’s happened … not happenING … but happenED.
We call ourselves “homeowners” when we don’t actually own our properties at all. The very mortgages we’re fighting for are the “rent” we pay to continue living in our homes. Over the decades the system has made it impossible for us to live rent free on the very Earth we inhabit.
Did the banks or the government create the Earth our houses sit on? Was it manufactured in a factory making them the creators and owners of it? Are we or are we not literally being forced to buy and sell something that was NOT created by Man, but is ours in the first place by pure birthright? Isn’t the reality we live under the fact that others claim it is “possessed” by someone other than ourselves?
What are property taxes?
What happens if we don’t pay property taxes?
Do they not “repossess” our land and homes?
If they “re”possess our homes, doesn’t that mean they feel they possessed them in the first place?
Isn’t this a SIMPLE FACT?
What are building permits?
If we remodel our basements or bathrooms without their permission, doesn’t it really mean that THEY own our homes and THEY can force us to do what THEY want with them?
Forcing you to pay is RENT … not ownership.
It is simply DELUDED that you own something under the current system.
Paying a mortgage under the threat of force is servitude. Paying property taxes under the threat of force is servitude. Paying income taxes under the threat of force is servitude. Paying for permits under the threat of force is servitude.
That force is VERY real and is in the form of your neighbor wearing a uniform and carrying a gun.
These things are NOT “mutually agreed.” You are NOT volunteering to contribute to your community, State or Federal government. You are FORCED TO PAY, and therefore pay rent for your very existence … literally at the point of a gun.
Americans can’t wrap their heads around that fact.
Native Americans PAID NO ONE to live on this land … and they mutually cooperated amongst each other the best they could to live harmoniously (despite what horrible things written history says about them).
Frankly, anyone who argues, “Then how do we get roads built or maintain the infrastructure of the United States or defend it with our armies without taxes?” is immediately buying into a system of CONFISCATION, not mutual agreement.
Where’s my proof?
Is the American infrastructure … roads, bridges, sewer systems and, in fact, whole cities falling apart?
Yep.
Have we twisted the [constitutionally defined] perception of “defense” into an agenda of aggression and adventure into foreign lands?
Yep.
Then HOW in the HELL are the basic principles of this constitutional republic being fulfilled???
Simple.
They’re not.
They’ve been literally hijacked by “the power elite” that does NOT have the objectives defined in the Constitution and Bill of Rights.
They seek to OWN EVERYTHING and completely ignore the Constitution altogether.
How much more proof do you need than losing your homes to lies and deceit?
Am I just ranting? Am I just paranoid?
… or is this really happening?
Can anyone beat 22 months? Yep, that’s where we’re currently at.I have ALL of the same stories, but we were also ripped off by a loan modification company that went out of business. The whole process finally ended up in the laps of B of A after Countrywide got bought out. EVERY request was faxed, refaxed and mailed with repeat responses from B of A that they never received it…interesting, because the individual who was cc’d on those emails and faxes received every one!! B of A has a team for each of the 101 steps you have to go through, but not one single point of contact that takes “ownership” of your file to see that it doesn’t fall through the cracks like ours did. We were to receive updates every 30 days….that didn’t happen. When we called to follow up, the wait time on the phone was terrible. We were transferred an average of 3 – 4 times each call and disconnected numerous times. All of these issues certainly seem like tactics to discourage you from pursuing any further. Our loan amount is well over 50% of our income, but we were just denied after 22 months of sending financial information over and over and over. We made it to the final stages of Underwriting where we were told there was no reason for our modification NOT to go through. Reason for denial: “Not a harship” “not delinquent on any payments”. A VERY clear qualification made public by the HEMP program is a loan payment exceeding 31% of your income. Let’s see …what else? Oh yeah, we’ve incurred $10,000 of debts in the last 18 mos due to cars and appliances breaking down….no new stuff, just fix it bills. OPEN your eyes people. The facts are the facts. I’ve had it. I’m taking advice of another in this forum. I’m seeking an attorney. These practices have to be illegal. I’ve got a binder full of documentation. I’m ready. Any hungry lawyers out there want to take my case? email me.
Kathy …
I can’t think of a better example than yours for learning the “why” of this situation, as I mention to LO below.
It’s “possible” that you may find an attorney with luck and perseverance … a lot of it. But in my five months on this forum, I’ve only seen two posts by lawyers … one with a simple “contact me” post, and another that has been brave enough to actually lend advice … much to the peril of his career I’m sure.
Others have reported that the majority (if not all) lawyers they approach literally say “No way in hell …” when asked to take on the banks. I’ve had precisely the same experience with more than a dozen attorneys … even attorneys that specialize in real estate.
They know EXACTLY what the banks are capable of … manipulating the system from the ground up AND the top down.
What do I mean by “from the top down”?
Lobbyists … and political funding …
… not to mention establishing themselves as so large and so powerful that they are called “too big to fail” …
… and when they DO fail … which they have … they can convince the politicians and economic powers of this country to hand them a “Get Out of Jail Free” card …
… bailouts.
They lie to us and manipulate the system for illegal and immoral profit because they CAN …
… and we let them.
That’s the simple fact of the matter.
We let them through both not knowing and not caring.
How many of us suspected the banks of corruption before our homes were threatened? How many of us questioned the motivations of politicians and governmental agencies? How many of us believed the system was working and trusted that “authorities” were doing the right thing?
Most.
That’s despite the fact that the system has been corrupt for DECADES.
We’re just now noticing (or caring or learning) because we are threatened with homelessness. Prior to these threats, we just went on our merry way believing “everything is alright” …
… when it wasn’t.
The SYSTEM has broken down … and it didn’t happen overnight.
It also didn’t happen by accident … or chance.
It was rampant, callous, self-enriching greed run amuck for decades … and we were “complicit” by turning our backs.
I talk about “the system,” and where it comes from and how it works and how it’s broken because without that we CANNOT defend ourselves.
Now … about some specifics and the law … which we are teaching each other as we discover what’s going on here …
1. Your politicians and governmental or law enforcement agencies WILL work for you IF you interact with them (pressure them) to actually perform their public, mandated duties. The way in which the banks influence them is the fact that ONLY THE BANKS have been communicating with them. They only see the banks’ perspective since we have been silent … or simply “bitching” which accomplishes nothing.
2. The “gatekeepers” of the legal system are attorneys, and there is a HEAVY financial toll to get past them. One thing we are told over and over is “You don’t know the law, so hire an attorney.” One of the best kept secrets of the legal system is the fact that you do NOT have to hire an attorney. You simply need to know what you’re doing … AND … once you DO know what you’re doing, you have every right to hold the legal system … and every participant from clerks to lawyers to judges … accountable for their actions.
3. The legal profession is literally a “fraternity,” not an institution founded BY the law, but an “association” or a “guild” (literally a club) where they have two prime objectives. First, to maintain a “certain standard” of the administration of the law … BUT … it is “self-policing,” meaning they only trust themselves to hold each other accountable, and that system is breaking down. Second, they exist to MAKE MONEY and control the entire legal arena to keep YOU out of it … despite the fact that you have EVERY RIGHT to represent yourself.
I do not wish to offend attorneys. I even know a couple I have a great respect for. But the facts I cite above are simply that … facts … and one clear, undeniable, unarguable fact in this situation is that attorneys are REFUSING to represent people out of fear for the power of the banks in the legal arena.
So what are we left with?
Simple.
LEARNING.
… literally knowing what we’re doing.
We’ve literally been abandoned by the legal profession to be gobbled up by a beast that’s more powerful than they care to confront.
So it’s up to us.
We can pressure BOTH the legal profession TO represent us AND pressure the “authorities” in our society to “do the right thing.”
… but only as hundreds of thousands of voices EDUCATED about WHY they should be doing the right thing.
When we go silent … or ignorant … they run amuck.
Thanks for writing, we all share the same long, tortuous story and I want to make all the Banksters PAY for what they have put us through. I cannot afford an attorney right now to file suit, but I have had consultations and have been told that you can file, once you are on your feet. My idea is to get all us to file in our local small claims court on the same day or week, it is cheap for us to file and the Banksters will have to provide attorneys for EACH of those cases or lose by default! Usually there is a local magistrate and local juries that are not lawyers and are sympathetic to the consumer who has been abused. The Banksters cannot stop us or prepare , even if they know what day or week it is! Check your local small claims court for the rules and cost and then send a RESPA letter to your loan servicer by certified mail. When you get your response to your RESPA letter and gather your evidence. I will keep you posted on what day we will do our National Political Action, go to every blog you can and post this email and my mail addy , we have to get the word out!!!!
Sincerely
Lo from Texas
sueboa@yahoo.com
http://www.facebook.com/#!/pages/Stop-BOA-abuse-of-the-Making-Home-Affordable-program/107708519289434
I am a pissed off consumer and fighting back!
BTW, I do not think this is the place for long dissertations on religious philosophy or capitalism, shouldn’t we share info on how to fight foreclosure by BOA,or join class actions since that is what this website is for? Don, perhaps you could start a blog just for those debates and philosophizing.
LO from Texas says “BTW…”???
BTW…what? Your name is new here LO…Correct me if I’m wrong but this is also your very first comment here…so why would you start with “BTW” unless you were already participating in the conversation under a different name Kathy L? Which doesn’t explain the name change….just saying.
Now as for some of us and our more lengthy comments, political or religious views or theories about capitalism, etc, etc,. You are right, this probably isn’t the best platform to discuss other issues other then supporting each other as we share our nightmarish tales, like children clinging to fairy tales, we cling to the false hope that the government will come down hard on the banks, who will feel shame and promise to change their wicked, evil ways….blah-blah-blah….
I guess nobody else has had a problem with some of the off topic comments some of us have left here. Your concern is duly noted but also understand this blog isn’t exactly attracting thousands of visitors and some of us have been here awhile and felt the need or urge to give a different side of what is going on around us. For some, especially after the Tragedy in Tuscon, this kind of talk scares them, or it makes them angry or makes them think the person writing is completely nuts…but guess what, it is free speech unless the owner tells us differently.
It’s okay Tony … I’ve seen LO’s posts before. We’ve had good exchanges and she’s had good input from what I’ve seen.
LO …
A quick comment about why I say what I say …
There’s a very basic misunderstanding about what’s going on here with the foreclosure situation …
People simply do not understand WHY it’s happening …
… OR … what their Rights are.
Peoples’ initial posts are very good evidence of that.
“Why am I not getting my modification?”
“Why is the bank not doing the right thing?”
We hear this over and over.
We also hear peoples’ pleas for help. Other than understanding what’s going on and how we have to adjust our minds to deal with it, THERE IS NO HELP HERE.
Sorry for the caps, but there are no lawyers, none of us are legal experts, we are all learning legal procedure as we go …
… and …
… one critical factor in understanding is WHY the banks behave the way they do … political and economic motivations.
When I seem to “rant,” I am not ranting at all, but attempting to “enlighten” readers about what’s going on behind this debacle … the “why” of it, which many people haven’t the foggiest idea.
I hear over and over, “I JUST WANT MY MODIFICATION!” when the fact of the matter is that the banks never intended to give us one no matter what we thought going in.
I also hear begging for attorneys. Without knowing WHY attorneys are running for the hills like you’re a leper, without knowing why banks are playing these games, without understanding why government and Wall Street are dragging their feet, NO ONE will understand the REALITY of what we’re up against, and simply continue to demand what they will never get.
“I was treated wrongly and I just want what I was promised” …
… is NOT realistic.
Read back through 2010 on this forum into 2009. It’s the same thing over and over and over with NO RESPONSE from anyone worth anything.
A) Understanding the situation and B) learning TO fight in the first place can only come BEFORE actually fighting.
Please pardon my caps again …
NO ONE IS GOING TO FIGHT THIS BATTLE FOR YOU … unless you are very, very lucky and find that very, very rare lawyer hero.
In every other instance it will be one form of “the cleaners” or the other … up-front retainers and fees and a huge chunk of any settlement … all for their “expertise” … and all relying on them 100% to possibly lose … or settle out of court for less than your case may have merited.
Not knowing what’s going on politically, economically or legally got us PRECISELY where we are today … VICTIMS.
Ignorance will only make it worse.
Sorry … didn’t mean to “go off” again … I’m just passionate about the idea that victims should not allow themselves to continue to be victims … by their own hands and voluntary lack of knowledge.
Has anyone noticed the Google ad on this page that advertises, “If you have been turned down for a modification….” The site is 2010mortgagerecoveryplan.org They are claiming that the reason people are turned down is because they are failing what they call the NPV test. The complex mathmatecal formula banks use to determine if they will modify the loan or not. This site is claiming that they will help insure you to pass this NPV test, by submitting some info to them. Anyone tried this yet ? or know if this is just another false lead? I submitted my basic info and they contacted me wanting me to fill out more detailed info. I’m just wondering if anyone knows already if this is a waste of time?????? Because if it is, I will go no further…….
Thanks
Well Kathryn, I guess not even the so-called NPV test can help Bank of America customers (victims). I was never told AFTER I started the loan mod process that I did not qualify due to income or some other mathematical excuse. They simply had me sit here and wait even though I complained and complained and even got an attorney. After about 10 months of being told every excuse in the book of why it was taking so long, I get a denial stating that I did not submit the documents requested. Boloney!! I have proof that this was not true. Obviously no NPV test can stop Bank of America of lying to its victims. I was given an excuse that thousands of their customers have also received. Lost paperwork. I must have been told at least 20 times that my documents were not received. I was told at least 20 times that my loan modification is “under review”. It is systematic and well-thought-out plan by BofA to use these excuses so that they can make you eventually default even more and lose your house. The mathematics of this HAMP or scam is that Bank of America will get at least $1,000.00 per every loan mod application. Hmmm, multiply that by the hundreds of thousands if not millions of BofA customers (victims) that have applied for a loan mod believing that they will get assistance. That is a lot of money. That is the only mathematics that will apply to Bank of America. If I am not mistaken, this NPV test is also called a Rest Report by some other attoney law firms. Yes, attorneys are behind this. They will tell you that without this report that cost about $900.00, you will not be able to fight for your right to a loan mod. I guess they think that everyone has $900.00 plus the attorney fees just lying around. I sure didn’t have it. The truth of the matter is that there is NO loan modification given by Bank of America. They will tell you that they have the personnel needed to calculate if you indeed qualify. That does make sense if they are supposed to provide you the loan mod. Of course, they will not give you the loan mod with or without this NPV test. Save your money because I am sure it will cost you a few hundred if not more. I almost did this Rest Report and I would have wasted my money. Bank of America would not have given me a loan mod anyway. Please beware of all these scams that tell you that they will guarantee that you will get a loan mod. In reality, it’s up to the Bank if they will give it to you or not. In Bank of America’s case it will be NOT.
Bravo! Isabel!