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Bank Of America Mortgage Modification Class Action Lawsuit

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

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

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

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

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{ 4581 comments… add one }
  • Alex in South Carolina January 15, 2011, 7:27 am

    Here’s a new turn of events…..
    Got off the phone with my 55 minute phone call with BofA yesterday, only to be told that “our records show” that you never paid your November mortgage. I remained cool and collected and responed “Ahem….not only do I have my confirmation number, I’m staring at my bank statement that CLEARLY shows that you withdrew the funds on November 16……”
    I was told that I had to send the information to some random fax number to the PAYMENT RESEARCH department….and wait.
    Here’s the kicker Don, I wrote a couple of months back that I didn’t want to throw money at the problem but at this point, I just want it to go away. I have educated myself by reading this board, and I have similar experiences with people on this board, and I promised myself I was going to fight back….but I am defeated. How the heck can a bank of BofA’s size “lose” my mortgage payment.
    I’m so glad that I write every payment confirmation number down, with whom I spoke to, etc etc.
    Don always says, you have to be your own advocate….nobody else will help you, you’ve got to save yourself!

    • JMP January 30, 2011, 5:54 pm

      BOA are crooks. I had a loan mod and then they increased the amount. I was right back at my old payments which I couldn’t afford (divorce, starting over with employment). So, I put my house on the market, finally made it to short sale and BOA rejected it stating “It’s better for us to foreclose” (I have the BOA rep’s name). So, I retained an attorney. BOA knows I vacated my home. Have another short sale offer. My attorney contact BOA in early November and still has not heard from them. Essentially, they are using our tax money (bail out) to pay incompetent employees who don’t assist. In addition, my boyfriend, a contractor, requested a loan mod in May 2010 because business is slow. He has never been late on his mortgage. It is now almost February and still nothing. We’ve kept records of everything…the dozens of times they say they did not receive his paperwork, etc. He contacted a government agency and filed a complaint. BOA contacted him and requested the paperwork (again). He faxed it twice and they said they never received it. He then said he used a new fax and miraculously they received that fax. Now they’re telling him he doesn’t make enough money for a loan modification. What??? He doesn’t make enough for a lower payment but they expect him to maintain his current payment?

    • Jim Corum June 20, 2011, 7:00 pm

      I blame President Obama for all our problems on Affordable Loan Modifications. During the time he was campaigning for President he assured us that his new plan for saving several million people going in to foreclose would help the American people from loosing their homes. Of course this is nothing but a lie. It’s not going happen they way he has set this program up. It is set up for Americans to fail. We shall see who donates to his new campaign on his second term. I will bet you Freddie Mac and Fannie mae will be his largest Company to donate funds for his second term election.

      Ladies and gentleman it’s just like fighting with the IRS. You cannot win a loosing battle that is generated to not work. They’re making sure that I will not save anything. When I purchased this house my ssa check was considered a gross amount before deductions. The IRS is also using that figure for gross but when you apply for a loan modification our SSA or SSD gross is now a net gross. The US treasury will automatic charge us a .125% boosting our gross up. In other words your loan modification trial period will be a lot less than it should be. Even though the IRS and SSA consider our income as gross already before deductions. It says this on our income letter from SSA. Plus their using an NPV numbers calculating per state to see if it is cheaper to let you foreclose or give you the loan modification. It really all depends on what is their best interest for Freddie Mac or Fannie Mae. Evidently our President of the US is supporting their so called screwed up program. This is really cut and dry not to deal through a corrupted Government. You cannot win, period.

  • Doug Thomas January 15, 2011, 9:32 am

    I first applied for a Making Home Affordable modification in early Feb. 2010. I went through what a lot of you are describing. Was told it would be complete in 90-120 days, then twice they claimed they lost my application, then said my file got put in the “deed in lieu of” pile because I had indicated that I was abandoning my property (not true), then I got my 2 acceleration letters (Aug. and Sept.). After that, each time I called…and I did so at least several times a month…I got a different story about the status of my modification application.

    All the while, I kept in touch with my VA loan case worker and she kept in contact with the modification department as well. Finally, in late September, a negotiator called me (big shock!) and told me I was getting a 3% Hamp loan. Gave me all the details, including payment amounts, etc. Told me not to make any more payments while everything was being processed, and that my new loan papers would be out shortly via FedEx. Nothing happened. I kept calling and kept getting calls dropped or no contact with a negotiator.

    In mid-Oct., a different negotiator called me and, seeming to know nothing about the 3% loan, announced that I was getting a 4% BOA in-house modification. Same spiel…details, payment amounts and dates, docs will be there shortly… Same results…no papers and no contact.

    Well, I just blew up at that point! I started calling everybody in government…Attorney General consumer protection , my congressperson’s office, a VA supervisor…and told them about this site and how all these people across the country were being treated just like I was.

    Then I went to my local BOA branch and made one of their customer service reps get a hold of a loan mod. supervisor for me on the phone, since I was getting nowhere myself. Using her employee number, she was able to reach one and we both spoke to the supervisor. I told them what I was doing with the AG’s office, my congressperson, etc. and about this site. Two days later, my last negotiator called me back at home to get any final monthly budget info I had, and, while we were on the line, her supervisor approved my modification. The docs were FedEx’ed out the same afternoon and arrived the next day.

    I signed them and returned them a couple of days later. Looks like I have my loan, finally. But I had to threaten to encourage the AG to join the on-going class actions to get BOA to move. I received a call from a BOA “expediter” the evening my docs arrived, apologizing for how I had been treated. I told her about this site, and she gave me excuses about all the people applying for these loans, yada…yada…

    My advice to everyone is to get as many people in government as possible on your side in this. Until I did so, I got nothing but the run-around, lost applications, dropped calls to BOA, promises of expedited “new” applications, promises of loans not carried out, etc. I know this has taken years off my life, and even though I got a steady stream of apologies from BOA staffers through the whole process, that did not change their actions. Only threats did…and one local BOA bank branch customer service rep was the only person who cared enough to go to bat for me. That is because she was sitting right across from me and saw how I was suffering over this.

  • B. Basch January 15, 2011, 2:43 pm

    Hello,

    I started working with NID Housing Counceling Agency in Oakland California in April, 2010 for a Loan Modification with Bank of America. I sent all the required documents, and according to them I qualified for a modification.

    When this Countrywide/Bank of America loan was offered, I did not undertand the terms and ramifications of this Subprime and Adjustable rate loan. Since the time of signing this loan, home values have dropped drastically in my neighborhood. As a result this loan is highly under water.

    I am a 76 years old single mother, I have been making payments on my home for than twenty years, but now the payments have almost double and I am behing in payments. I have suffered difficult hardships, one of my sons was in a coma for several months and finally died, I also suffered an accident that left me disabled for almost a year.

    On Decemberm 21, 2010 I received a letter from Bank of America telling me that I am not eligible for a Home Affordable Modification.
    They told me they are unable to create a payment of 31% of the reported income. Bank of America never mentioned that many months ago. Every time I call the bank, a different person answers and
    Every time I call Bank of America I talked to a different person, or a different State.

    I need help with the name of a president of Bank of America in charge of Loan Modifications. The name and address of the Attorney General here in Sacramento, California, also the name and address of my Congress person and address. I am willing to fight for my home. Thanks to Doug Thomas.

    Thanks,

    • Linda S January 27, 2011, 4:06 am

      I have been going through the same ordeal with BAC since March 2010. How do we get a class action started in CA? I have given them the same information at least 5 times since March. BAC must be stopped from taking homes from families. My original modification was with Wilshire Mortgage. Passed the 3 months trial period with no problems. Lo and behold, BAC purchased our loan and it has been turmoil, constantly. When BAC first purchased our loan, I called customer service and asked if they were going to honor the mod we made with Wilshire. The customer service rep said yes, of course. Well, that was a lie. It’s almost March 2011, and we still haven’t gotten a permanently mod from BAC and now they say we are months behind, even though we haven’t missed a payment, the mod payment we agreed to with Wilshire. BAC is asking for a $1000.00 more than what we are paying each month for property that is not worth what it was 2 years ago.

      I’m going to send letters to every government official I can think of.

      • Isabel S - Florida January 28, 2011, 7:53 am

        Linda, it is truly atrocious what Bank of America has done to millions of American families. Bank of America operates on LIES and they will do it constantly. They will tell you they will honor or help you but it is all a LIE. They will then send you a foreclosure notice if not they will torture you with threats in the mail like they did to me and my family.

        It is truly a horrible experience to live day by day not knowing when you will be kicked out with two children with disabilities like in my case. I have nowhere to go. I have no savings, Bank of America made sure of that. We are so deep in debt that it might take us years to recover. The financial and emotional damage that BofA has caused my family is beyond repair.

        Having to hear threats and lies for more than a year is not easy. I invested a lot of money in my house. I gave over $25,000.00 for a down-payment and over $30,000.oo in repairs and updates. Our life savings went into this house. We did not expect that our economic situation would change so quickly. If I would have known this, I would have never invested so much money on this house. I initially had my mortgage with another lender and had no issues until Bank of America purchased our loan in August 2009. It’s been pure hell since then.

        No Class Action lawsuit here Linda, we are just all victims of Bank of America sharing ideas and providing each other the emotional support needed to fight these monsters. Read Don’s previous posts on how to fight this thing yourself. I sure am! Best of luck to you.

    • Heather January 28, 2011, 12:32 pm

      76 year old single mother??

  • T L Swanger January 15, 2011, 4:13 pm

    Is BofA guilty with respect to a 2009 – 2010 forclosure on my home when I was asking for a home modification?

    Please call 303-351-8133

    • Don S. - Pennsylvania January 17, 2011, 11:36 am

      TL …

      “Guilt” in our society is determined by a court.

      The closest anybody can state legitimately on that basis is “The banks have been found guilty of illegally foreclosing,” but it can’t be said “legally” about your home unless you’ve gone to court and proven it.

      Now … TL … who is it that you’d like to call you? That request is a little confusing …

      … unless …

      … like many of us when we first came here you are under the impression that lawyers are hovering over their computers pacing and anxious to leap in and save us from these dark creatures.

      Don’t hold your breath.

      They’re aren’t any.

      This isn’t a lawyers’ forum. We’re all homeowners just like you.

      You also imply from your question that they went for a foreclosure instead of renegotiating your mortgage contract and foreclosed instead … and yes … they HAVE been doing THAT … but whether it’s been done in your case is up for determination.

      So what are you to do?

      If you scrounge, beg, crawl on your hands and knees, spend endless hours on the phone and empty what might remain of your bank account, you MIGHT find and convince an attorney to represent you … but it’s not likely … not impossible … but not likely.

      It sounds like you lost your home. If you did and believe it was taken illegally, you’re going to have to prove it … and please notice a critical word I used in that sentence … YOU are going to have to prove it.

      No one … unless you plan on losing a lot more money to do it … is going to do it for you.

      We found ourselves in this situation … and face more potential loss … because we know NOTHING about the law (or cared) and let the banks “run amuck.”

      More of the same will get more of the same.

      In our society, ignorance is virtually a guaranteed path to loss and servitude.

      Some people are reporting the requirement of paying thousands to law firms to represent them … even in class actions … and there’s never a guarantee of a win. There’s never a guarantee that the banks can’t continue to foreclose during the process either … and it could take YEARS … particularly in class actions.

      So what are we to do?

      It doesn’t matter how you feel or what you want or how you THINK you’re going to find answers … the very FIRST thing you MUST do is UNDERSTAND what’s going on.

      The previous page of this forum is chock full of information (by myself and others) about what’s going on and what you might do about it. I’d strongly suggest that for your own sake you click on the light blue “Previous Comments” at the top or bottom of this column and start to self-educate about what’s going on.

      Sorry if I sound a little “terse” here, but we all have to wake up to the facts … and now is as good a time as any.

      • Tom S January 17, 2011, 7:28 pm

        Don S – from the Penn – Oh sorry that “State” should be included;

        The texture and tone of your response to my writing reads more like a BAC legal exec or at least a BAC employee trying to get one to run away as fast as they can.!!!

        Your writing, perhaps if ever on something like the Jay Leno show, has much truth and is even a little witty.

  • WC January 15, 2011, 11:11 pm

    I can’t tell you how completely upset we have been with BofA and their illegal actions and procedures. They have done things to us contrary to what the Department of Treasury mandates. Yet, arrogantly they flex their financial muscles to remind us that they are above the law. The voices of American citizens must be heard.

  • Lauren January 16, 2011, 2:00 pm

    I am into my 19th month of dealing with the “Servicer” B of A. They DO NOT hold the note on my property. Fannie Mae supposedly holds the note but after diligence, in going to my county recorder, I cannot find any chain of title that shows who CURRENTLY hold the original “Blue Ink” note………

    As I do not wish to allow these PONZI scheme thefts to negatively impact my life, I have made it a game dealing with them. I LOVE to send “their” fed ex’s back. I always get at least 2 at a time. So I wait just until their required return date and Fed Ex em back, in the 11th hour. I also send more than they ask for. Ton & tons of paperwork. I just love to inundate them! I just sent documents for the 12th time. Same documents over and over. So now I send a complete packet every time, its 22 pages for then to sift through. I also email and fax it to my 2 B of A contacts, along with their current request letters. I also log every shred of evidence, into a handwritten log and back it up with copies of every communication I have with them or send them.

    Now the really fun part is doing whatever I can to postpone the auction sale date. Friends time is our savior, not our enemy. This Ponzi scheme is unraveling, through the media, as we speak. The longer you hold them off the better chance of keeping your home.
    There are folks on this forum that have given you tools to do this. Also contact your congressional representatives. My Senator has intervened on my behalf recently. His office has gotten another postponement of my sale/auction date.

    Instead of being a victim become an advocate. I went to my trustees website and have gotten the list of the current foreclosures in my area. I am sending a personal letter, to everyone on Recon Trust’s list, to get people to join together in fighting this.

    I got a email address that is: fight4urhome@yahoo.com

    Start working positively in your own behalf if you want to keep your home. You will all have to put forth effort to help your neighbor and together, we can overcome the unlawful people that are attempting to steal our homes.

    Last week I sent everyone on my email list a personal letter, and a copy of my 7 page timeline of facts, and asked them to email it to everyone on their list. We must get the word out to folks who do not know what is going on. Ask your friends for help! We have the INTERNET!!! Use it!

    Anyone interested in following this path is invited to email me at the above email address.

  • Paul January 17, 2011, 8:03 am

    I’m in the same boat with all of you, I too tried to get a modification loan with boa. I got laid off in April 2010, and I thought that I can turn to them for some assistance. I sent them my documents 4 times and each time they said that some of the documents was missing. Finally, they told me that I don’t have enough income to qualified for any of their programs; how lame is that!! If I had enough income then I wouldn’t need their assistance.

  • Lauren January 17, 2011, 2:13 pm

    Leading the sheep to slaughter………….

    I just got a “Pop Up” on my Yahoo page that I want to share with all of you. It was an advertisement from “LOWER MY BILLS. COM and states the following: AND I QUOTE

    If you owe less than $729,000 on your mortgage, you probably qualify for the President’s Making Homes Affordable Program. With the Federal Reserve forcing rates down to record lows (blah, blah, blah, blah,)

    Looks like the Wolf is still guarding the sheep, and inviting more unsuspecting folks to loose their homes………….

    These people are thieves! Start talking to everyone you know! Tell YOUR story. You were SUCKED into a situation that was CONTRIVED by the ultra wealthy, to STEAL your ASSETS! By this advertisement, they are still looking for more unsuspecting lambs to lead to slaughter!!!

    There are approximately 300 million people living in America. 50million homes have already been foreclosed upon. There is another 50 million sitting waiting to be foreclosed upon. Do the math folks. The RICH want it all!!!

  • Tony Z January 17, 2011, 10:48 pm

    Well we all shouldn’t feel alone, the banksters are screwing over our soldiers too as they fight for the banksters freedom to continue to screw we the people :

    JP Morgan-Chase over charged 4,000 troops and foreclosed on 14 military families

    http://woundedtimes.blogspot.com/2011/01/chase-over-charged-4000-troops-and.html

    • Don S. - Pennsylvania January 18, 2011, 10:59 am

      The outpouring of false and phony rhetoric from the bank in that article is pure, utter horse crap.

      They’re not sorry. They’re just sorry they got caught.

      Where have we heard that before?

      You don’t make “mistakes” in that volume, over that period of time, with that intensity without it being “systemic” and based on a corporate culture of confiscation … literal theft.

      Let’s call a spade a spade … shall we?

      Although the expression “Hand in the cookie jar” wasn’t used to describe their behavior, they aren’t even going THAT far in their admission. Their statements of so-called “admission” insult this situation and the fact that they couldn’t care less about putting people into the street, whether military or not.

      But then, what criminal ever admitted to being one without being forced to when they were caught?

      Honesty comes out of credibility, and the banks have lost theirs … decades ago.

  • Dennis L Sikora January 18, 2011, 7:55 am

    I had applied and been denied after waiting 22 months.. we have lost credit have BOA hanging like the sword of Damaclese over our heads .. they also did a fraudulent loan appraisial and did the loan for more than the house was worth.. i want to know how i can join a class action suit in the state of Virgnia .. if anyone can help please email me dsikora07@verizon.ne

    • Don S. - Pennsylvania January 19, 2011, 10:48 am

      Dennis …

      I see you’ve come here with a couple of the same illusions that many of us came here with.

      First off, there are no lawyers or professional advisors hanging around their computers waiting for us to come along looking for help. There are no saviors or heros. That task is left up to us … individually. We have to be our own savors and heros.

      Secondly, we are manipulated in this country to believe that class action lawsuits are somehow bad for the companies we sue.

      They’re not.

      Corporations LOVE class action lawsuits, if they’re going to be sued at all. It packs all those little “homeowner litigants” into one box that they can stuff into the trash compactor … shooting ducks in a barrel.

      They only have to send one, small legal team to fight perhaps hundreds of homeowners. How is that good for the individual homeowner?

      Naturally, it might be “good” if the homeowner has NO other recourse and knows NOTHING about the legal process, 100% reliant on lawyers.

      The idea that banding together under a class action lawsuit is somehow a “serious blow” to a bank is simply FALSE. For them, it’s a PIECE OF CAKE … cheap and easy … to defend themselves … so get it right out of your head that you’re causing the banks some kind of misery by joining a class action.

      Real misery for the banks is INDIVIDUAL lawsuits and filings against them. Not only are the individual merits of your case protected and given a voice, but hundreds if not thousands of lawsuits and filings tie up potentially BILLIONS of dollars of the banks’ resources to defend.

      Doesn’t that sound better for you and worse for them?

      Anyway … there’s other things you can do besides a class action. The page previous to this one is chock-full of information. I’d highly recommend you click on the light blue “Previous Comments” at the top or bottom of this page, then read through the posts … particularly mine referencing my “Getting Started List” and “First Day Orientation” on PiggyBankBlog.com. I used to post them here, but they were taking up too much space, but there’s also posts from other folks that are equally valuable.

      Understanding the reality of what we’ve gotten ourselves into is critical. We MUST get over the illusions that both created this situation in the first place AND keep us from conquering these dark forces.

  • Sue Hall January 18, 2011, 8:05 am

    Hi Don and all,
    Just wanted to let all of the readers know that the only way you are ever going to win in this battle is to keep fighting! Dont give up and contact everyone that you can think of…the attorney general of your state, the OCC, the FBI, senators, congressmen and so on. Keep making people know who you are, make them remember your name. Tell as many people as you can about your problem and your fight. We have been fightning this battle for 2 years now and maybe there is light at the end of the tunnel, we have several investigations in progress with some top officials, even though, if we do end up losing our home to the illegal people at BofA, we will continue to fight and make our story known. We are no longer just fighting for ourselves but for all of you too. So, Keep fighting, Keep all of your documents, and most of all, Dont ever give up! God Bless all of you in your fights. Gary and Sue Hall

  • Kim January 18, 2011, 11:43 am

    I did a modification with BoA, first it took months to get approved then once approved (july2010) I began making the payments that were agreed upon in my mod, 6 months later I get a late notice telling me I am behind, when I look at my history my payment amount was never changed. I spent hours on the phone with this bank, with customer service reps haning up on me, telling me it had been changed, others saying my escrow went up. None of which was true. Eash time I call I get transferred to other other departments which I have found out they dont really have and that I am being transferred from one rep to another that are all sitting around each other. Like it’s some kind of joke. I dont know what to do, I need my modification honored and my payment to be posted correctly to my loan. One rep finially told me she understood and say where the mod had not been entered and needed to esculate the problem, she gave me the report number and told me I should hear from someone. 6 weeks later havent heard from anyone, I call have to give the story to 5 different people who transfer from one to another and the last guy says I see, let me put you on hold so that I can figure this all out, he asks for my contact info incase we get disconnected I knew right then and sure enough puts me on hold and my call transfers to another rep and of course I cant get the other one back. They are joke, they playing with us and where do we turn?

    • Don S. - Pennsylvania January 18, 2011, 12:07 pm

      Kim …

      Lauren and Sue put it very well in their posts above.

      You might also read the previous page, which has a high concentration of suggestions answering your question “Where do we turn?”

      Simply click on the light blue “Previous Comments” at the top or bottom of this column.

  • Melanie January 18, 2011, 6:38 pm

    I need information on how to join a class-action suit against Bank of America Home Loans. I have had it with them from no response about my modification 3 time to catching up my mortgage and them saying I owe more money.

    • Don S. - Pennsylvania January 18, 2011, 11:26 pm

      Melanie …

      I don’t want to sound like I’m taking a short-cut or avoid discussing what is clearly a painful experience … but please read my note to Kim above. I’ve said to her precisely what I needed to say to you.

  • Don S. - Pennsylvania January 18, 2011, 11:42 pm

    Folks …

    I fairly important “announcement,” which is really just more of my amateur opinion on how you might proceed …

    If you sue … in any form or fashion … it’s highly likely the bank will drop their “negotiation” for a modification, even if you’re following the non-suit items in my “Getting Started” list.

    You’ll likely instantly become a “litigant” in the banks’ eyes and they won’t see you as a “cooperative party” once you’ve filed in court.

    My suggestion is to battle for your modification, using the methods and pressures mentioned in this forum and elsewhere, and get it established on paper and with payments.

    People are reporting reasonable progress when they’re in close (and intense) contact with their political, law enforcement and governmental agencies, pressuring the banks to perform.

    Once you have your modification … and have made sure you didn’t sign a document that prevents you from suing … I would recommend that you do NOT simply let it go …

    … SUE on any number of fronts, whichever suits your case … suing for Quiet Title, filing for the production of documents such as your “Blue Ink Note” and “Chain of Transfer,” or for whatever losses and/or pain and suffering you may have experienced.

    The point being, if you haven’t been evicted and lost your home, keep the bank on the hook and THEN sue, so you can stay in your home under the modification agreement WHILE you sue.

    If you become a litigant before acquiring your mod, they may turn up the heat on a foreclosure while you sue. They may not look too good to a court, politicians, law enforcement or agencies if they try and foreclose while you’re suing, but that hasn’t stopped them up until now.

    Just something to consider. Thought I’d share.

  • Olga January 19, 2011, 1:04 pm

    Ditto – BOA told me they would help me – they sent me paper work to complete – I sent it in – now I’m in foreclosure – what the hell is going on. Ditto Ditto Ditto on all above statements regarding BOA.

  • pam gilmore January 19, 2011, 5:22 pm

    i am very disappointed in bank of america…husband had not been able to work for 2 years w/illness…have va loan and boa got our oan after somehow taylorbean no longer exists..doing modification and submit documents over and over..also sent about $5000..waited for over year to be final.. had to file bankrupt..in aug 2010..got documents in nov 2010 that va wanted all vets to have 4% interest rate and needed more documents notarized…checked on progress and was told since filed bankrupt we were out of the program and need to start again..never notified did not get any of this in writing..asked customer service rep when did this happen..was told oct 2010..told rep i got va document modification in nov…could not get any where but tried to start process again..got transfered around for a week..could not get anyone to talk to me…finally told that needed to take flag off account and call back in 3 working days and try to reapply for modification..in the meantime got acceleration notice..not sure how to stop that…i intend to keep fighting to keep my home..any advice would be appreciated..if modification does not go through i heard try chapter 13 to at least work out payment agreement..need advice about that..to end..needs to be class action suit against boa and if so how do we get involved

    • Tony Z January 20, 2011, 10:55 pm

      Pam, please don’t be offended by this but I actually had to laugh when I read “I’m very disappointed in Bank Of America…”

      That’s the understatement of the Century. I would have came up with some choice words… 😉

  • Luis Mauricio January 19, 2011, 9:53 pm

    In 2008 I tried to do a loan Modification with Country Wide now Bank of America and it was imposible. No matter what I tryed it didn’t worked. One of their representative told me to keep making the payments that they were working on it, for 8 months. I went into $60,000 dollars in debt paying the loan and the property taxes from my credit cards. Almost for two years we tried everything. Finally we up and did a short sale lossing $250,000 on the sale. We lost our dream house, because Bank of America lack of action.

  • Penny January 20, 2011, 10:39 am

    I found this site searching for Bank of America Class action. We’ve been dealing with BoA since mid 2009. Getting a letter from them stating we might be eligible for MHA program. I called the number on the letter with a reference number. It was BoA (thinking how sometimes those letters are misleading) and they new nothing about the letter or the reference number. But he did ask me the standard questions about my income and bills, then told me yes I was eligible and would be receiving papers via fedex with the modification information, trial payments, docs needed, etc. within 45 days. After two months I called again. No one knew anything about it, but the “nice” gentleman offered me a refinance and letting me believe it was part of the program. After paying $400, and going through the process stating we couldn’t pay any fees – it was all rolled back into the loan – we closed on December 10, 2009. When we saw that the payments were only $100 less that original loan, we cancelled the contract the next day. Of course, we got calls over the next two days and we told them why. Nothing was ever done about it. We were just out $400! I kept calling BoA getting different departments and finally in March started the Trial Modification process with payments that were manageable through the modification period. They told us it would take about 90 days. Five months later we got a standard letter in the mail asking for more documents and we received it on the deadline date. I called BoA and was told by two people in two separate departments they did not show they needed any more information from us. It was in the review period. Ten days later the mod. was denied and we were not notified until I made my standard “on time” modification payment at the end of that month. I was told they tried to reach us, but had no phone number for us, even though every time I called they asked for phone numbers (the numbers never changed). I talked to them every month when making payments and asked the status. Two months later an appeal was requested and granted. They asked for more documents and about a month later we were denied.

    Now, we have to pay back the balance not paid on the original payment amounts, we’re getting the intent to accelerate letters, our credit is shot to hell, which was fine before this started. We did everything they asked and did it on time. Now, we are stuck. There’ s more to this story, but it’s long enough as it is!

    Who can I contact to join the class action suit – is there a current class action suit? What are my options?

    • Don S. - Pennsylvania January 20, 2011, 10:36 pm

      Penny, Pam and Olga …

      Please see my note above to Kim, particularly as it concerns reading through the previous page.

      There’s lots of discussion of how you can go about this thing.

      The main point is to learn what you’ve gotten yourself into, and the reality of it, not what we’d wish it to be.

  • Tony Z January 20, 2011, 11:11 pm

    Now for some harsh reality. For those in foreclosure, my heart goes out to you, for others who are just trying to get a modification in an attempt to get lower monthly payments, again my heart goes out to you.

    The harsh reality is we are all screwed. Nobody is going to help us. Not our senators, not our local government, not our State Attorney Generals, not the US Treasury, not the Justice Department, not the President, not Fannie, not Freddie.

    They simply do not care about us. That much is crystal clear. The banks own our elected officials, they own the judges, they intimidate lawyers. What is happening has in my opinion been planned ever since they created MERS back in 1995.

    In my City, our City manager, Mayor, City Council and “staff” have been pushing high density housing for over 5 years now. It’s part of a 30 year comprehension plan they have to follow from the Met Council, which is a powerful entity of unelected officials, who come up with development plans for Cities, these Cities must follow the plans or lose funding.

    What better way to implement high density housing, then buy off whole blocks of foreclosed houses for cheap and other houses in an zones where the high density plans are being planned.

    I know that sounds conspiratorial and I feel there is more behind it (greed/land grab/slum lords) but I’ve listened to the local planning commission and have attended council meetings.

    These people have a grand Utopian view of high density apartment buildings and high rises with store fronts and shops on the first floor, walkable communities, etc, etc, etc…

    Pack everyone in like sardines, easier to control us and brings in a larger tax base for Cities and Counties.

    My mom’s situation (so far) is different then most as she isn’t in fear of foreclosure unless BOA pulls some insidious tactics on her down the road, and trust me, they have already tried.

    We have done all the letters and emails and phone calls, nobody seems to be able to help. It is stunning that here in America, this is being allowed but it is what it is.

    Perhaps it’s time to torch our homes or just destroy them from the inside? I don’t know what else to say, except that we are on our own, our government has turned their backs on us and left us to the wolves.

    • Selma Kelly January 20, 2011, 11:19 pm

      Okay, but the question is … how much longer are WE THE PEOPLE gonna put up with this? sk

      • Tony Z January 21, 2011, 2:16 pm

        Storm the castle with pitchforks and torches?

        Claim 9 on W2 forms and refuse to pay taxes owed in April. We enable this corrupt government by paying taxes.

        I’m not saying that taxes do not provide for roads, infrastructure, etc, etc……..but there comes a point in time when we all must take a stand.

        A revolution isn’t going to happen but what if, millions of Americans did the above and gave the government the one finger salute on April 15th, 2012?

        • Don S. - Pennsylvania January 22, 2011, 11:04 am

          Gawd Tony, I’m with you 100%, believe me.

          It’s a terrific approach … AND … it would be guaranteed to work.

          There is, however, a slight problem with making it happen.

          People are too frightened to actually do it, but there’s also millions that aren’t even aware.

          Even though we HAVE the power to put these people in their place, far too many of us are conditioned to “obey.” There’s even that faction of the population that believes it’s unpatriotic not to pay your taxes.

          I’d propose that your “ideal” is right, but your method isn’t practical. We simply don’t have a population that’s willing to work on that level yet.

          There ARE, however, enough people out there who are willing to be verbal about it … complain, at the very least … and NOT communicating with our politicians, law enforcement and governmental agencies is partly how we got involved in this nationwide sham.

          Unfortunately, the majority of this country is not as outraged as you and I are. There are, in fact, millions of Americans that simply think homeowners like you and me are full of crap. There are, in fact, millions of Americans that thought THEY did something wrong when the banks foreclosed on their homes illegally and simply moved out when they were told to.

          But …

          I have to point something else out.

          Sue and Gary’s petition below is a terrific idea. I really mean it. We can use ANYTHING to bring people together and raise awareness right now. I’ve signed every petition that’s come through my email.

          However, not unlike class action lawsuits, petitions SILENCE hundreds, if not thousands of [true] voices and change them in merely ONE voice.

          How could receiving one petition (particularly a web-based one) be as effective as politicians, the White House, the OCC or agencies and law enforcement receiving tens (or hundreds) of thousands of emails, telegrams, phone calls and snail mail letters?

          Why silence your individual voice by adding it to a petition, then sit back and say to yourself “There. I put in my two cents. I did something about it” … ?

          You, Tony, are not only aware of the problem, you’re being vocal about it. But you can’t forget the tens of millions of Americans that aren’t even aware.

          THAT’S the first goal … raising awareness.

          THEN … each and every outraged voice needs to speak up.

          Funneling those voices into petitions or class action lawsuits silences them. They become easy to deflect or even outright ignore by the people who should be listening.

          A simple fact of our culture is that we’ve been conditioned (meaning literally, purposely trained) to believe a group’s voice is more powerful than an individual’s voice.

          It’s not.

          Each individual voice must speak out … personally and directly … whether in court or in the public arena.

          At least that’s the way I see it.

  • Selma Kelly January 20, 2011, 11:16 pm

    Hello. I’m a loan modification processor and I have a dozen clients who hold NON-Freddie Mac and NON-Fannie Mae loans. They are being deliberately thwarted and obstructed by banks (Chase / B of A / Aurora) from getting loan mods (their requests going on for 19 and 20 months now). They all want to file a class action against B of A and Aurora but so far we have not found any law firms that handle non-govt. loan class actions. Does anyone know of any firms that do? Or … do we have any legal ground to stand on to file against them? Here’s the thing … Homeowners of govt. backed loans are NOT the only ones who fell on hardships, and it seems to us that some of the TARP money the banks accepted should have been set aside for ALL distressed mortgagors, not just the govt. ones. Does anyone know of a firm handling non-govt. loan class actions? We’re in California. Thanks for your time. PS: I BELIEVE ALL CITIZENS EVERYWHERE SHOULD GET TOGETHER AND FILE CLASS ACTIONS AGAINST THESE BANKS IN EVERY STATE.

    • Richard Hoff January 26, 2011, 6:19 pm

      Hi Selma, and everyone else on this amazing site I just encountered for the first time! I too am in California. For 3 months now I have been utilizing the OCC (Office of the Comptroller of the Currency) website to try to force my servicer, B of A, to explain questions such as:

      When I had been applying for a loan mod through NACA since early Nov. 2009, why did one of your employees call me in April 2010 and solicit my direct application, even though I told her I was already with NACA? (She said it was just fine.)

      Why did my NACA application go nowhere, while my direct application at least went somewhere (to rejection due to lender not on HAMP!) 6 months later? Why didn’t you even bother to inform NACA you had rejected my application? (B of A has to pay NACA if it closes a deal!)

      Why did you submit me to 11 months of agony and constant demands for resubmission of documents before you noticed who my lender was? Wouldn’t you tend to check that out right away? Could it be that my loan got transferred to a company that refuses mods while I was in the midst of the mod process?

      Why were you so reluctant to even let me know who my lender was? (It turned out to be–allegedly–Deutsche Bank, which I had never even heard of. I started out with Chapel, then it went to Countrywide, then B of A–with who knows how many companies in between!)

      When I lodged a complaint with the OCC and a “customer advocate” from the B of A office of the president called me and vowed to help, why did they suddenly become all proper and insist we must do everything through NACA?

      When the customer advocate confirmed that my lender was DB, that DB indeed refuses mods, and I asked to see the document that proves that DB really owns my Note and the date when they acquired it, why did B of A steadfastly refuse to show it, even after repeated demands? Don’t I own it too? (B of A claims it’s “proprietary!”)

      Why does Deutsche Bank generally refuse to give mortgage mods even though they got a $290b bailout from the US treasury? Doesn’t that mean that Fannie and Freddie really own my mortgage?

      B of A failed to deal with any of these questions even after I filed a second complaint with the OCC. I have just filed a third complaint, demanding responsive answers and asking the OCC what they are going to do about it if B of A continues to stonewall.

      On the positive side I must add that I have found an advocate and manager at the office of the president who seem to be genuinely surprised and perplexed at what is happening to me. They have been pressing higher-ups for answers–so far, unsuccessfully.

      In any case, I strongly recommend that all of you who are being jacked around by B of A–or anyone else, for that matter–file a complaint with the OCC, and keep complaining until you get satisfactory answers to your questions. Same for your senators and representatives. Just perusing this website and seeing how widespread B of A’s malfeasance is, is dumfounding! Also energizing, in a way. If more and more people like us raise cain and demand answers and action, maybe something better will happen. It sure won’t if we don’t!

      KEEP ON FIGHTIN’!!

      –Richard Hoff, Occidental, California

  • Tony Z January 20, 2011, 11:24 pm

    “Capitalism without morality will ultimately fail” — Ghandi

    Looks like Ghandi was correct. We have seen the greed and the affects of capitalism without morality with the daily actions of the banks, Wall Street, foreign and domestic multinational corporations, look where this country is heading. Governments are beholden and serve the best interests of Wall Street, the banks, the corporations, big pharma, the war industry and big agriculture…we the people, the middle class and low income individuals and families are left swinging in the wind.

    The scary thing is, when this corrupt broken system of government and monopolistic capitalism crashes, what will take it’s place?

  • Gary and Sue Hall January 21, 2011, 7:47 pm

    Hi, just a short note to let all of you know that we have started a petition to Stop the Illegal ways of Bank of America. You can sign the petition at the following web addy.
    http://www.gopetition.com/petition/4228.html Tell everyone that you know to go and sign the petition and lets all STOP BofA!

    • Don S. - Pennsylvania January 22, 2011, 10:33 am

      Gary and Sue …

      Great idea to band folks together!

      Minor glitch, though.

      Your link takes you to a Pittsburg, PA, playground petition not a BofA petition. I did a search, but couldn’t find yours.

      Happy to sign, but I’ll need the right link!

      Thanks.

    • Richard Hoff January 26, 2011, 6:31 pm

      I don’t get it. Sounds great, but I click on your link and all I see is a West Point playground petition.

  • Gary and Sue Hall January 22, 2011, 6:21 pm

    Sorry about the mix up with the link to the petition, we have put the corrected link here: http://www.gopetition.com/petition/42228.hml
    Please, everybody sign this so that we can get this underway and STOP BofA! Thanks

    • Richard Hoff January 26, 2011, 6:35 pm

      But now all I see is a lengthy discourse on the subject of petitions!!

  • gary and sue January 22, 2011, 6:25 pm

    http://www.gopetition.com/petition/42228.html there is still something wrong with the above link, this is one that we have copied from the email that they sent us. sorry tried to cancel the last one but couldnt.

    • Isabel S - Florida January 24, 2011, 2:29 pm

      Hello Gary and Sue. I was able to find the petition and was more than happy to sign it. My family and I have also been greatly abused by Bank of America and it’s tyrants and we are no longer going to take it anymore. As I have mentioned before, my husband and I have filed a lawsuit against BofA in Federal Court in Orlando Florida. They completely ignored our pleas for help and continued to maliciously lie to us and steal from our escrow and refused to post some of our payments which we sent. We gave them numerous opportunities to make it right but they refused to do so. Instead, they decided to LIE to the OCC, Florida Attorney General and the Congressman regarding our case. That was the last straw!! We had an attorney since April 2010 that tried to help us with a loan modification and with our escrow and payment postings and finally the attorney sent them a Demand Letter threatening them since August 2010 with litigation because they were not cooperating at all. They kept denying everything! I will keep everyone posted regarding our case as much as I can.

  • John and Linda January 24, 2011, 12:18 pm

    Senitor John McCain: My husband and I filed for a remodification loan in May 2010 through the Home Affordable Modifacation Program. I had lost my job August 2009 and my husbands job had cut back. We just want to know how to join the lawsuit against Bank of America. If anyone can help me with this information please email me at zobo 655@yahoo.com. They have just now as of Jan 2011 given us an answer which is no they will not help us. We cannot afford our current payment or we will loose our home. I hope that someone can help us. All of the bail-out money and funds that were given to supposedly help people. Our government is so corrupt. I hope someone will answer me ASAP. Thank you, and May God Bless America

    • Tony Z January 24, 2011, 7:46 pm

      John & Linda, good luck with your letter to John McCain, but be aware, McCain didn’t even have the time to or compassion to help the 9/11 first responders or rescue workers.

      One of them was visiting DC a month or so ago with others to bring their case to congress and saw McCain at an elevator, the guy introduced himself and asked if he could expect McCain’s support to which Johnny said “Thank you for your service, Sorry I can’t help you” walked around the guy and hopped on the elevator.

      We are on our own, unless congress and the president wake the hell up.

    • WolfgangFaust January 25, 2011, 10:55 am

      Dear John and Linda

      file a complaint with the state of Arizona Attorney General. I have done so-don’t know whether or not it helps yet, BUT-the state has filed suit against b of a regarding their fraudulent home mod program. the AZ ATTY general website lists the names of the attorneys handling this for the State. I am contacting them.

      Mc Cain is worthless-forget him. Kyl is better-also your rep.

      “something” big is going on here-bigger than all of us, and our homes. i am now wondering how many homes b of a has foreclosed on in the past few months. States are declaring bankruptcy-Countries are doing so. i think the giant “fractional reserve banking” ponzi scheme is moving foreward to some form of a dramatic climax.

      what this means, i do not know

      Godspeed

      Godspeed

  • Catherine Wise - Maryland January 24, 2011, 12:36 pm

    I too have been given the run around by them.. Same stories as the above. Even contacted Steny Hoyer. (DID NOTHING FOR ME)

    BOA wanted to modify my loan from 30 yrs to 40yrs.. Come on.. All I wanted was a lower interest rate. They told me to keep my loan in default costing me 112.00 per a month in late fees.. 1000.00 later, my loan was still not fixed. I asked just to have late fees removed. They told me NO. and that they couldnt help me.

    BOA needs a lawsuit for MD. What they are doing and getting away with is WRONG.

    Someone please help or email me advice.
    wisect2002@aol.com

    Thanks,
    Cathy

  • Tony Z January 24, 2011, 7:54 pm

    If you recall, my mom was told to wait until the end of march by her negotiator, because her MHA was under review.

    Well two weeks ago she received a new MHA application from BOA. Kind of puzzled she filled it out again….four the fifth time, included all documents we knew they would ask for later and mailed it immediately.

    On Saturday afternoon, her negotiator called her and told her that she hasn’t received the paperwork she requested. My mom, fully aware of the games, asked her what paperwork? The new MHA application? I mailed it out two weeks ago. To which the negotiator asked “Well where did you send it to?”

    My mom than got a little peed off and asked “Why are you people continuously playing these games?” To which the negotiator quickly replied “okay I’m going to let you go.”

    It seems that the BOA representatives have become insensitive to “tough” questions or criticism and now want to filter us out.

    Has anyone else noticed this lately? She hung up. Gave no answers to exactly what paperwork she wanted. No direct line to contact her in person. She hasn’t returned email questions in the last month.

    I guess they have become the victims.

  • am January 25, 2011, 5:55 am

    I applied for a making home afforable ,4/26/10 and as tis day for nine months they have told me over and over will hear something in 30 days , 30 days come no call no documtation over, and over, again and again. said they put in for a inhouse finincing…at one point i talked to someone,by the name……..he told me that i had been approved, i guarenteed i have every conversation documated, so they can’t say they didn’t say this……BofA , is going to be like a car parking lot, they are going to be in the housing market, with plenty empty housing…Real-estat if you are out there , please start to build apartment bldg. condiums, and duplexs because the market will be in for rentals like never before , i can see that with all the modification, that Bank ofAmerican in particular oor treating the consumers…Where is the u.s. Treasury, Oboma, the Govner of our states to let these banks do what they are doing and getting away with it.

  • Am January 25, 2011, 6:04 am

    Who do i contact to get in a class-action suit , i have some crediable information. Bank of American have forced me to file Bankrupty. These Attornies act like they dont know what to do, or they don’t know the law,Please, please, please, contact me if you are a legimite individual!!!!! I reside in Texas.

  • am January 25, 2011, 6:13 am

    We, all should understand that we need a BIG LAWSUIT in TEXAS adainst BANK of AMRICA, they are big piggy liers.

    COME ON CONSUMER LET US GET A LAWSUIT STARTED, maybe the goverment will get involve regarding these banks.

    • Don S. - Pennsylvania January 25, 2011, 12:08 pm

      To any and all Newcomers to the forum,
      John and Linda,
      Catherine,
      and Am …

      I’m fairly well known on this forum for long, sometimes complicated posts. I can imagine that some folks come here and even say “What the heck is he talking about? I just want my modification.” … so they don’t even read what I’ve written.

      That’s ok. I don’t mind … but a complicated situation takes understanding.

      I’ll try and simplify what we need to know and how to go about fighting this thing —

      A) This forum is for anyone, but is mostly homeowners sharing information. There are no lawyers (few, if any), and there are certainly no politicians reading or responding.

      B) No lawyer or law firm will respond to your pleas. The legal profession is running at lightning speed away from the power of the banks.

      C) The banks have virtually no intention to modify unless they are forced to do so. Banks LOSE money on modifications. They are about profit, and they profit more and profit faster when they foreclose, evict and sell.

      D) The banks have (as far as I’m concerned) literally designed their “customer service” systems to look incompetent. Their objective is to fool you into thinking they will modify, then wear you down so you either give up or are forced out by a Sheriff at the point of a gun.

      E) Banks are intentionally over-polite to suck you in even further, especially when your case is “escalated” to higher offices within the company. What they say and do when they get off the phone is NOTHING like what they sound like when they’re talking to you. They only want your home and you’re simply in the way of that objective.

      F) The banks employ thousands of lawyers and we can’t find but a few that will even talk to us. You know nothing about the law, and they know everything … every tiny detail.

      G) It’s likely the banks love forums like this since almost every [new] post is filled with complaining and usually expresses a complete lack of understanding of what’s going on. Openly expressing utter confusion and total frustration likely gives the banks great joy, since it accomplishes nothing.

      H) The first thing people think when they become outraged by the banks’ behavior is “SUE!” and in a class action, thinking that will somehow hurt the bank. It won’t. Get it right out of your head that a class action suit is bad for the bank. It isn’t.

      I) Class action suits lump homeowners (litigants) all together and both silence their individual voices and squash the individual merits of their cases. You become just another duck in a barrel that a small legal team can squash like bugs in one, single court case. Get it right out of your mind that class actions hurt the people you sue.

      J) There’s a HUGE difference between “court filings” and “suing.” Filings can keep the banks from doing something they shouldn’t or make them do something they should be doing, but refuse to. They are refusing to do a lot, and doing tons of things they shouldn’t, so “filing” is a far better course of action than “suing.” Suing is to recover damages. If you haven’t lost your home, you likely shouldn’t sue … but FILE.

      K) We got into this mess by being ignorant and silent … ignoring the very laws that protect us and regulate these huge institutions, and silent by saying NOTHING to law enforcement, the courts, regulatory agencies and politicians. All of those entities will side with the banks in EVERY instance unless we speak up AND never shut up. We cannot assume these people will do their jobs, we must INSIST they do their jobs.

      L) The American culture … I’m sorry to say … suffers from the illusion that there are “heros” and “saviors” looking over us, protecting us. There aren’t. It’s an illusion. Only you, as an individual, can protect yourself. Sorry, but that’s simply the fact of the matter. You have to learn and understand what’s going on in your life, then DO something about it. If you don’t, someone else will take control AND take advantage of you.

      M) You can’t use the excuse “I’m too busy” or “I’m no expert” or “I don’t know the law” in this situation. Those excuses got us where we are. Only knowledgable and active people are saving their homes, and even they are having a hard time of it. Not knowing and relying on others is virtually a guaranteed loss.

      N) Another thing to get right out of your head is the idea that this shouldn’t have happened to you and that the banks should have simply “done the right thing.” What’s right for them is PROFIT, and that’s all they care about. They work for their boards of directors, executives and stockholders, not you. You are merely a source of profit, and this country has degraded to the point of accepting profit at any cost, whether it’s legal or even moral.

      O) It’s ok that you may not have read down to this point, and maybe you don’t even believe half of what I’ve said … or maybe it’s all just too complicated. It really is “ok” … but the fact is, unless you come to accept these realities, you’ll probably lose your home. In fact, if Americans don’t start waking up to certain facts about how things work, worse will happen. The hardest thing to accept is the fact that they are getting away with this because we let them. It’s no more complicated than that.

      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.

  • Denise January 25, 2011, 11:48 am

    • On June 22, 2009 I received a loan modification which increased my loan amount. I was told by Bank of America I did not qualify for any other plan, therefore I accepted the modification. According to Bank of America receiving this modification would eliminate any and all late fees that had accumulated past due. It did not!

    • I notified Bank of America that the late fees were still showing up on my account. Bank of America stated as soon as their documents were in order from the transition of Countrywide to Bank of America, which would be some time in November the problem would be corrected. As of today the late fees still remain on my account.

    • In August I received a statement from Bank of America indicating they had added an escrow to my account. I never had an escrow account, in an attempt to keep my mortgage affordable; I paid my taxes on my own.

    • Bank of America stated this was done for not paying my taxes on time. Please note, my taxes were not due until October 30th, and Bank of America paid them on 10/22. This left me a negative in escrow. They also paid my county and homeowners taxes before they were due. I called Bank of America over and over again for months. It was not until I called the Better Business Bureau and filed a complaint, before I received a response from Bank of America.
    • Outcome they finally removed escrow account, only to attach it again. See attached.

    • They paid taxes duplicate times, the same bill twice. See attached.

    • They paid taxes that don’t even exist any longer with East Nottingham Township.

    • After numerous phone calls I have received no resolution for any of the above issues.

    • Later, I had fallen behind on payments due to being unemployed and I applied for assistance from PHFA. I qualified for assistance to cover past due payments. PHFA received a Reinstatement Agreement from Bank of America. Upon, reviewing my online statement, it did not coincide with the reinstatement agreement Bank of America sent to PHFA.

    • Bank of America received the monies from PHFA and applied all the monies incorrectly, still leaving a negative balance of my account. This reinstatement agreement was issued from Bank of America and it was incorrect. See attached.

    • My principle balance is constantly changing.

    • No two records are the same.

    • Monies applied wrongly.

    • Late fees not removed.

    I am requesting a full investigation into my account for the inaccuracies as stated above. It appears, no one from Bank of America is willing to assist me with any of my issues. Unfortunately for me Bank of America’s response is “their records are correct” and this is not a true statement! Hopefully you can assist me with the roadblocks and obstacles Bank of America has created for me. I am trying as many other homeowners are to keep my home, but Bank of America almost makes it impossible!

  • Denise January 25, 2011, 11:53 am

    Does anyone know of attorneys in PA that will handle such a case?

    • Don S. - Pennsylvania January 25, 2011, 12:16 pm

      Denise …

      Please see my post above.

  • michael soma January 25, 2011, 7:12 pm

    It is much worse than you think. Search the terms “shared loss agreements” or “loss share agreements” you will unravel the trail of money. It is through these shared loss agreements that taxpayer money is being paid to all of the National Banks sometimes up to 90% of the original mortgagae amounts. These shared loss agreements offered to the banks by the Federal Reserve have created financial incentive to these banks “to foreclose”. For Example, Bank of America bought out Countrywide . with that purchase caame the toxic assets ( ie failed mortgages). as part of the transaction the Fed agreed to “absorb” any losses Bank of America might suffer with regard to these toxic assets. In many cases the loss share agreement is to absorb 80-95% of losses. Consider that the loss is essentially based on original mortgage amounts. For example you may have a $200k motrgage on a home now worth $100k. Bank of America forecloses and receives 80-95 % of the $200K which is paid from the FDIC ( taxpayer money). Bank of America is the “Servicer” of the mortgage. Now that they have been paid through FDIC they no longer have a financial interest in the home. The next “contractual” obligation of the “Servicer” is to minimize the loss to the “investor”. They are under no obligation to share the payout they have just recieved from the FDIC, only to minimize the loss to the investor. Essentially this means to sell this property ASAP, which typically will result in a bank owned property being offered at a lower price than last weeks bank owned property. Lets say the home in this example is sold for $75k, the net proceeds are paid out to the “investor”. here is the kicker ….the investor is usually Fannie-Mae, which is essentially owned you, me and all taxpayers since the government has taken control of Fannie Mae.
    Any loan modifications being offered are only temporary reductions in interest rates ie temporary reduction in payments. However, the balance of all money due in accordance to the original loan agreement is tacked onto the backside of the loan. In 5 years anyone with modification will owe more money on the principal balance on a home worth even less than it was 5 years ago.
    As this cycle continues, forclosures will continue to breed more foreclosures resulting in continued profits to the banks and continued losses to the taxpayer

    • Don S. - Pennsylvania January 25, 2011, 11:03 pm

      GREAT post Michael.

      Folks … please read and listen to what Michael is pointing out.

      I’ve kept my discussion at a fairly basic level … the bare facts. Michael is pointing out the specific facts of how the banks are motivated.

      Reading his post, you can see that you are essentially insignificant to the banks, the government and the financial system as a whole.

      Banks are IN Congress and Washington … and every State capitol … every single day with lobbyists pulling on YOUR politicians’ ears … NOT YOU. You have no lobbyists.

      They are also influencing the regulatory agencies to work in THEIR favor … every single day … working on the bureaucrats with their version of right and wrong and “need.” You have no such voice.

      Or do you?

      A few hundred, even a few thousand, “disgruntled” homeowners annoying our politicians’ and agencies’ are like gnats in the Summer … virtually nothing to them. Brush them aside and get back to “the work,” which is in the BANKS’ interest, since they never shut up and that’s all our representatives hear.

      However …

      TENS or even HUNDREDS of thousands of INDIVIDUAL voices repetitively, relentlessly HOUNDING these politicians, agencies and bureaucrats IS a voice.

      Signing petitions silences your individual voice. At the very least, it simply groups you in with others and becomes a single message.

      YOU are a “lobbyist.”

      Better than that, you are a “constituent” and your politicians (and courts and agencies) work for YOU. They are literally your employees …

      … but …

      ONLY if you speak up … and you speak for yourself … individually.

      Otherwise the banks and their representatives will be entrenched in Washington and every State capitol changing your representatives minds … and likely the law itself (that’s supposed to protect YOU) … every single day.

      After all, that’s what the banks pay people to do.

  • MsShaw January 25, 2011, 9:55 pm

    Please send me more information. I’ve been battling BofA for 3 years with this modification and just streemed along. This has has me stressed out and over the edge. My blood pressure if beyond healthly and my life has been turned upside down. Now, I owe more than 1/2 million dollars and they want me to short sale my home for only $129,000 cash…Crazy right. If anyone know’s about the Class ActionLawsuit for Bank of America in California pls email me dawnn71@gmail.com

    • Don S. - Pennsylvania January 25, 2011, 11:10 pm

      Ms Shaw …

      There’s no one on this forum that will send you information. It is, however available.

      If you are asking about information about a class action lawsuit (your request is a bit vague), there is no information “available.”

      Your post reflects most of us as we started to dig into this. We simply didn’t know what was going on or what to do about it.

      For your own sake, please [particularly] read this page of posts and the previous page, then continue your research and learning to the links suggested.

      Simply click on the light blue “Previous Comments” at the top or bottom of this column.

  • Tony Z January 26, 2011, 1:47 am

    Can anyone guess what WASN’T mentioned in President Obama’s State Of The Union Speech last night???

  • Don S. - Pennsylvania January 26, 2011, 6:31 am
  • Kim NC January 26, 2011, 7:53 am

    I filed a complain with the Banking Commission, they have sent BoA a letter requesting they look into this complaint and get with them. We shall see where it goes.

    • Don S. - Pennsylvania January 26, 2011, 11:16 am

      Kim ..

      Don’t forget your Federal, State and local politicians. Some people have contacted their county commissioners, but there’s Senators, Congresspeople, and State Assembly people, as well as your State Attorney General.

      Contact them ALL … and calling is best where you can. Those offices react much better to a human voice than emails, which is probably the WORST way to contact them.

      Nicely insist that they help you. Be sure not to go on and on about your problem and simply explain briefly. They’ll be able to tell you’re upset even if you try to repress it. Long stories will turn them off. Have all your information handy before you dial.

      Answer all their questions getting to the point. Provide any releases or document they ask for promptly. Send them certified, return receipt, if you can If it ever goes to court, you can show the communications to the judge.

      But most of all … DON’T rely on ONE agency, politician or bureaucrat … get them ALL involved.

      Best of luck.

      Fight the Good Fight.

  • Starr January 26, 2011, 9:48 am

    Does anyone have any information about being asked to pay a retainer to join a class action lawsuit?
    I live in MD was referred to a law office in GA to join the CAL against BofA and their modification practices, etc…etc.
    The law firm informed me that there was a $5k opt in/retainer that I had to pay.
    Did some research and found the typically the law firm just wants enough ‘bodies’ to add to their case and they are compensated out of the reward…. Did anyone else pay to join a CAL or does anyone know of CAL against BoA and willing to refer?
    Thanks.

    • Isabel S - Florida January 27, 2011, 11:30 am

      Hi Starr. Sadly, that is one of the disadvantages of a class action lawsuit, they want lots of “bodies” but those individual bodies will get a very small cut from the settlement. The attorneys WILL get a big fat pay-day because the bigger the lawsuit, the bigger their cut will be. At first, I thought about joining a class action but decided not to. First of all, I am an individual who has been abused by Bank of America and even though my case is similar to many other victims, my husband and I wanted to be recognized as sole victims in MY case and get the individual attention WE deserve. For example, when a Bride gets married she wants to be the pricess at her wedding and get that individual attention but how about if there are 500 other Brides getting married at the same time, sharing the same church, the same reception hall, the same cake, the same guests, etc. That bride will not get the attention she deserves on that special day, she will be just another bride in the bunch. I want MY day in court and I want the judge to hear MY case and I want BofA’s attorneys to prepare a case against US. Nevertheless, I do expect that my individual lawsuit might benefit other victims who later file lawsuits against BofA. They can use US an example to file their own individual lawsuits. Go Pro Se if you must. My husband and I are Pro Se and even though we are scared and inexperienced, we have the evidence on our side. Pro Se litigants are rapidly increasing in numbers and you can find self-help books in a bookstore like Barnes & Noble that can help you get started. Also, go to your nearest Legal Library and get prepared. Read Don’s previous posts regarding a list to get prepared against these monsters. I filed my lawsuit against BofA last month in Federal Court. If I can do it, you can do it! Good luck to you.

      • Robert A. Manson January 28, 2011, 1:57 pm

        What federal court are you in and what was your cause of action? Any results yet?

  • Hank T Mississippi January 26, 2011, 2:45 pm

    Been fighting B of A for two years. They have foreclosed and sold my house to Fannie Mae. Jumped thru all the hoops etc just like everyone else on this mess. I am still in the house waiting to see what happens.
    Does any one know of a class action suit in progress in Mississippi?
    I have recordings of my last two months of conversations with them !!!!!!
    Please email me at htuttle@gmail.com

  • Richard Hoff January 26, 2011, 7:42 pm

    I just responded to Selma Kelly’s post above; I don’t know if that makes me out of date–I don’t quite understand how this website works. Is Don sort of the proprietor of this website? In any case, I thank the instigator, you are doing a great thing! It’s such an opportunity for people to share experiences and maybe gain power by learning helpful things from each other.

    I have already checked out the Washington state lawsuit, and it is only for people who have flawlessly completed their 5-year trial mod and still been bounced off it and charged back payments to boot. I was actually led to your website by a friendly investigator at Hagens Berman, the law firm doing the suit. I have been hoping to find a similar class action suit for people like me who have reason to believe their Note was transferred to a non-HAMP participating lender while they were in the midst of the modification application process. This would include the where’s the Note issue–the question of how can your servicer legally refuse to produce the document that proves who your current lender is and when they acquired your Note. The statute B of A has thrown at me to prove they don’t have to show me that document–12 U.S.C. section 2605 (B)–appears on inspection to be so irrelevant I’m amazed! If that’s all they’ve got, I should think it would fall to pieces in any court. And of course their stubborn refusal to produce this one document just makes them look all the more suspicious and sleazy.

    As for Don’s skepticism about class action lawsuits, I imagine you may be right, but it still could have some value and it doesn’t preclude you from also hammering on the banks and politicos individually, which I encourage everyone to do and which I will continue to do ferociously and unflaggingly! Even if we still get screwed it’s good therapy!

    • Don S. - Pennsylvania January 27, 2011, 9:37 am

      Richard …

      A quick footnote …

      Yep, a class action says something to the banks. There’s no doubt. It’s especially valuable for a person who neither has the time or the knowledge to defend themselves. After all, we’re not lawyers and we can hardly find the time to earn the money to live these days.

      My main point about being so contradictory to class actions is the fact that the banks LOVE it. I don’t want to make ANYTHING easy or “joyful” for these people … I want to make it hard … very, very hard … and EXPENSIVE.

      If they want my home, it’s going to cost them … dearly …

      … and I’ll do everything I can to make it hurt.

      If that sounds a little vindictive, it is.

      **smile**

  • Kim January 27, 2011, 1:51 pm

    My morgage company Taylor, Bean and Whitaker was closed by the Feds early last year just as I started a remodification with them. I had troubles getting anywhere with that company because of what was going on, which I was unaware of at the time. I later found out that BOA bought them out. I was reallying struggling with a couple of payments when I was working with Taylor and Bean. BOA became a nightmare to say the least. It took many many many calls throughout a year trying to do a remodification. They threatened me with foreclosure letters, but yet I couldn’t get help from them. After a year they worked it out with a FHA loan and not remodification. My payments were not lowered but raised about $20.00 more a month. They charged attorney fees of over $3,000 that they tacked onto my home mortgage, so if I need to sell my home that has to be paid before I can do that. Why did they use an attorney and charge me when I was already struggling?? I hate BOA ! Where is the money they got to use for remodifications anyway? I have plans to contact an attorney about these fees and I want away from this company. I can’t wait to see what an attorney tells me.

  • Ayoob S. January 28, 2011, 12:12 am

    Like all of you who have shared your experiences,i am no different.For 5 years now i have been making interest only payments having on two separate ocassions applied for the making home affordable program only to be given the run around with no happy ending.It’s got to the point where my wife and i are filing chapter 13,as we are done with all the crap.At age 50 people should at least be safe and comfortable in they homes and not be prey to unscrupulous bankers in the name of profit.

  • Robert Manson January 28, 2011, 1:55 pm

    I started out with Wilshire on the making home loans affordable. I was working with them and then BofA took over and I immediately got a letter that denied me. A representative in another area said they sent everyone that letter. I reapplied and it took them six months to deny me again – this time they said too much would have to be moved to the back of the loan. They claim huge arrears that they have no documentation on. One of them said to reapply and when I tried it came back with no options – no matter what numbers we put in! The representative said she cannot understand it since the numbers should generate an initial packet. I have all on tape. Any lawyers reviewing this that handle this work please contact me. I am in Minnesota – or if you feel a tape of a BofA employee saying that they denied everyone from the banks they acquired will help you in your state.

  • Kimberly Hansen January 29, 2011, 5:11 am

    Same old BS here too! Only I got jacked around by bank of america for around 16 months only to be told I will not be getting a mortgage modification AFTER I got an advocate company to arrange a 3 way phone call with B of A. So I guess we will be moving sometime in March. The good thing is that my husband isn’t on the note (ha-ha) so he’s qualified to buy another property… Never will I ever do business with bofa again so long as I live! Does anyone know if I can get in on the class action suit currently ongoing in Washington State? I could’nt find an attorney with big enough you know whats in the State of Oregon to take on Bank of america…..Sad huh???

  • deleon January 29, 2011, 3:39 pm

    hi anyone out there already forclosed and trying to sue BOA. Call me 704-674-7279

  • Chrissy January 29, 2011, 10:16 pm

    Wow – when I found this website and sifted through 642 pages of complaints of hard working Americans in USA and Bank of America and their lending practices and so-called loan modification via incentive packages for relief of headaches, etc., well, let’s just say I found pay dirt to dish out more dirt to add to the blog pages. Same deal, wanting more docs, buying off time to promise me “it’s in the works” and the latest is (before I am still waiting on the modification lowered amount)…I get an increase on my mortgage – upped $353.00 more for escrow purposes until they find that magical underwriter – gets better, I had two loans combined originally with Countrywide to purchase my first home (nice experience for a first time homebuyer to go through, when escrow at the time kept demanding more closing costs…that is another story) Back to modification – HUD Counselors prepared my application for submission putting the complete loan obligation into the mix – now the deal all along was oops……we only took into consideration your first (even though all papers and loan numbers were submitted, treated under one loan on one property) BOA is bouncing around on one number and causing a bunch of fun and joy with me on a daily basis to punish me for even considering the loan modification, when I should have kept shut and do nothing……….Welcome to America….hmmmmm, sad, I was born here about 50 yrs. ago….what a shame………

  • Tony Z January 29, 2011, 11:18 pm

    Governments Loan Mod Program Crippled by Lax Oversight and Deference to Banks

    http://www.truthdig.com/report/item/govts_loan_mod_program_crippled_by_lax_oversight_and_deference_to_banks_201/

  • Lora January 30, 2011, 9:32 am

    BAC are crooks.. we are currently under the protection of a Chapter 13 filing, which we were forced into. In April 2009 we entered into a 4 month repayment plan in order to catch up on our late payments. My husband had found employment and all was looking up. Until we received a letter later that month telling us that are payment plan had been canceled do to the fact that our May 15th payment had not been received. Yes I have it in Black and white.. the post mark is April 24th 2009. Here is another kicker we have been in Bankruptcy now 14 month of a 5 years plan and I received a notice yesterday stating that if we do not pay our full balance due of 15k.( which is why we are in bankruptcy) , that they will refuse any future payments and continue foreclosure proceeding. Can you believe how arrogant they are to believe that they can go against a court order. Yet I am concerned what if they follow through with an illegal foreclosure and I have a Sherry throw me and my family out. Figures i would get this on a weekend where I can t reach my attorney. I would love to hear from anyone in a similar situation. Like to file a class action law suit.

    • chris January 30, 2011, 10:50 pm

      I am having a great time getting screwed over by B of A.. here the short version,, 1 year of getting jacked around with different loan mod programs, Then finally the Make Affordable plan then 9 months same old song documents lost , need more then they loose them. Then they dump me from the program saying i don’t fall under the guideline for govt loan,, uno the 31% loan to income deal..Anyway then they said i was denied because i didn’t make all the payments during the trail period for the 9 months it took. They lowered my payment 318.00.during the trial period ,,,I looked at my credit and the said im two complete months behind on my payments on the regular amount,,My credit shows 60 days non pay for the past 5 months… this gets better,, I have documentation and bank records that show Ive made every house payment since the loan started 2 yrs ago,, Ive never missed a payment , yet my credit report says Ive missed 2Payments nut that cant prove to me which two,,,,when I call them i get a different person telling me what i missed then i give them the conf. # and then they get all tongue tied,, as of yet they cant tell me what 2 payments i have missed and keep in mind ive never missed a payment,, Now they send me a intend to accelerate for 7 k and 5 k is a balance i don’t owe and proved it,, now there saying there not going to accept my house payment until i give them 7 k, I don’t owe them… Im meeting my atty. this week,,,, what a crock of crap…,,, there breaking me down with bogus charges that i don’t owe and are trying to foreclose on me when Ive proven i don’t owe them,,, whats wrong with this picture,, what happened to the preponderance of the evidence and the law…

  • Lora in Michigan January 30, 2011, 9:41 am

    BAC are crooks.. we are currently under the protection of a Chapter 13 filing, which we were forced into. In April 2009 we entered into a 4 month repayment plan in order to catch up on our late payments. My husband had found employment and all was looking up. Until we received a letter later that month telling us that are payment plan had been canceled do to the fact that our May 15th payment had not been received. Yes I have it in Black and white.. the post mark is April 24th 2009. Here is another kicker we have been in Bankruptcy now 14 month of a 5 years plan and I received a notice yesterday stating that if we do not pay our full balance due of 15k.( which is why we are in bankruptcy) , that they will refuse any future payments and continue foreclosure proceeding. Can you believe how arrogant they are to believe that they can go against a court order. Yet I am concerned what if they follow through with an illegal foreclosure and I have a Sheriff throw me and my family out. Figures, I would get this on a weekend where I can t reach my attorney. I would love to hear from anyone in a similar situation. Like to file a class action law suit.

  • lisa January 30, 2011, 3:57 pm

    I’ve been fighting BofA for two years and it’s just been a pack of lies, mis-information, and side stepping, but I’m staying ahead of them so far.

    I filled out online to join a class action suit here in California, but have not heard back from law firm.

    Can you recommend a law firm involved in a Class action I can join in California.

    Lisa

    • Don S. - Pennsylvania January 30, 2011, 11:28 pm

      Lisa …

      This is not sarcasm in the least, but I’m wondering who the “you” is in your question.

      Is it the general “you” here in the forum?

      One of the things that’s been pointed out here in recent days is the fact that the Washington State Hagens Berman suit is … as are many others … VERY specific in what happened to you in your home situation in order to qualify for the class.

      This is yet ANOTHER reason to file yourself rather than look for a class action … they narrow down the requirements for participation.

      That means you have to match everyone else point-by-point. How many cases are exactly alike? Sure, we have similarities, but I’d bet a dollar that the banks are banking on our differences.

      A. It’s hard to find a class action in the first place.

      B. It’s hard to find a LAWYER, much less a class action.

      C. A class action first narrows your case to specific points and ignores any of your individual particulars, which is what cases are won and lost on.

      D. A class action second lumps you in with a bunch of other people and both your name, personal story and individual case details get lost … virtually your entire humanity is nullified.

      E. Banks LOVE class actions since they don’t have to deal with homeowners one-on-one … that’s freaking expensive … and who wants to actually deal with “people”… ?

      Everyone has to take the course of action that suits them best. If a class action is right for you … go for it. When I do file … and I will … I’m filing “pro se” … meaning without an attorney … not to save money … well, partly to save money I don’t have … but mostly to piss off the bank … AND have the opportunity to file against the court if I’m not accorded my rights under the law.

      The ONLY trick is KNOWING the law.

      Just remember what you’re sacrificing in a class action.

  • Mary Marseglia January 30, 2011, 7:19 pm

    Hi, I just found this website about Bank of AMerica class action law suit and wonder if anybody can tell me how to join or do I have to find a lawyer here in Maryland to either join in this classaction suit or file my own with my own attorney???

    My whole story started in April 2009. I had to stop my business of 14yrs due to my disability becoming worse(i’ve been disabled 17yrs but just keeps getting worse and still trying to figure out new business to stay in my passion of animals) I was only going to be living on disability starting June 2009 so I called Making HOmes Affordable, you know the stupid Obama Plan that NEVER WORKED!!!!! So they told me that it definitely sounds like loss of income hardship and to call my current mortgage holder who back in April 2009 was Taylor,Bean & Whitaker. so I called immediately and asked for a supervisor who told me they couldn’t help me because I had never been late nor ever missed a payment. I told her that’s wonderful but I’m telling you I can’t make the whole payment starting in June 2009 and am being a responsible homeowner telling you I”m going to have problems and want a Loan Modification done. Still no. So I called Making Homes Affordable again and they said to call TB&W again because they need to help me. So I waited a week(5 business days) so now I’m in the first week of May 2009 and get in touch with a different supervisor who insisted on telling me the same thing as in April that I was never late nor missed a payment BUT ADDED that I had to become 60-days late before they could help me. I said so I have to ruin my credit inorder for you to help me!! She said yes(by the way, I just turned 50yrs old and this is my 6th home I have purchased since I purchased my first home when I was only 25yrs old and I never had problem EVER NEVER than now)

    so I paid a partial payment for June 2009 & another for July. Called TB&W up they sent me all the paperwork; I sent it back immedaitely. Gave them 3 days to read it then called them and asked how much longer this will take. She told me another 2-3 months!!!! I said on top of the 60-days I’m already late because you told me I had to become late and she said yes. So I said, well I’ll just keep sending in a partial payment that I can afford until you get this loan mod done. She told me DON’T SEND IN ANY PARTIAL PAYMENT. I asked why not, and she said because this mod will go to different dept. and money might get lossed or not put onto my loan. I said, that’s impossible since I pay “online billpay directly from my checking acct. to your bank….she stipulated and very adiment about it to NOT send in any money until the loan gets modified!!! I said look, I’m disabled and live alone with my animals who keep me alive as I am in constant daily pain even on very strong narcotic drug. I cannot afford for my home to go into foreclosure because you are telling me not to even send in at least a good partial payment like I sent for June & July. SHe said don’t worry your house will not go into foreclosure. So I said ok. I stayed in contact every 5-7 business days and by the end of July, they now tell me they had thousands and thousand of loan mods to do and they were hiring a company named SPARTA to do all their loan mods for TB&W and will be forwarding the packet to them, give them about 1 week to get the package and here is the phone number that you will be dealing with them until the mod gets done.
    So I call a week later, SPARTA still doesn’t have package and told me to give them another few days/week. I gave them that and called and they told me TB&W are not forwarding the packets so we have to send you out a new one!!!!! I said you have to be f…………..g kidding me!!!!! So they sent out another one, I sent back, now we are into August 2009!!!!2009!!!!!! Always spoke to a supervisor as the CSR’s did didilysquat. The supervisor always returned my call and now I’m at the end of August and she didn’t return 3 of my calls. Another supervisor called and said sorry, Beth’s on vacation but we have bad news for you….I said it CANNOT BE THAT I DON’T QUALIFY AS NOW I HAVE SPOKEN TO “MAKING HOMES AFFORDABLE” 3x now and stated definitely is a loss of income hardship. She said no, that isn’t the bad news, the bad news is that Bank of America has bought out all our loans(TB&W) and now you’ll have to deal with them.(oh yea, forgot totell you when SPARTA finally had all, I asked how much longer and they said 45-60 days from end of July/early August)

    We are forwarding the packets to BAC here is their phone number give them about a week to get the package. so I did AGAIN. I call BAC a week later. No packet. Another week..Still no packet. 3rd week now in Sept(which 45-60 days from end of July should almost had already had the mod done!!!!!) And now BAC tells me they aren’t receiving packet and have to send me out another one!!!!! I freaken blew a gasket!!!!!!!on the phone!!!!!Before I became disabled, I worked in the insurance industry making good money and after 14yrs and last job as a supervisor, my ass would had been fired if I did what these f…..g banks have done to me and MILLIONS OF OTHER PEOPLE IN THE SAME BOAT AS ME & YOU!!!!! So now they send out another one, I send it back now it is the end of Sept. and I ask NOW HOW MUCH LONGER!!!!!SINCE THIS SHOULD HAVE ALREADY BEEN DONE Bac tells me 45-60 days and had me fax 19 more pages of info they wanted(dont’ know why since it was the same paperwork which I knew then and I still know now, they had lost the paperwork or it was in somebody else’s dept and lost or they jsut freaken lied like they have done to me all the way up to NOW JANUARY 30TH AND STILL NO LOAN MOD DONE…..MY CREDIT HAS BEEN TOTALLY TOTALLY DESTROYED!!!!!! They too told me not to send in any partial payment until the loan gets modified and low and behold November 2009(only 1 1/3 mos after they get the papers) and they had their attack-dog attorney send me my first foreclosure process has been started. I didn’t have any money to pay for my own lawyer to fight. I had a nervous breakdown as I have equity in my house and I can’t lose my house!!!!! Because as BAC knows, HUD knows as they sent HUD and I had to request to stay in my home if the actual foreclosure goes through and they denied 2x and the 3rd time they never responded back!!!!! I wanted to put my house on the market ONE YEAR AGO NOW Feb. 2010 even had a realestate broker come to my house so we could see how much my house would be worth now as I had an appraisal done in May 2009 and the appraiser in Feb.2010 told me my house would be a bare minimum of $20,000 less than what it had appraised for in May 2009 and at that time in 2/2010, he stated he has seen $50,000 loss over the appraised value and I said I can’t take that amount of loss because then I wouldn’t have any money to put down on the home I needed to purchase in the Nashville, TN area where i want to move to. And one of my best friends that has known me for 30yrs now, told me that I better be sure that I can get a mortgage first before I put it on the market. And I currently have an FHA loan and from Jan. 2009 through Sept. 15th 2009, my credit scores were in the HIGH 600’s. And when I told couple of direct lenders and brokers what BAC has done to my credit, nobody now will even give me another FHA loan NOR a USDA loan which is actually better than an FHA loan. So they f………….’d my credit up so badly now, last credit union told me 3 weeks ago that my one score was at 455!!!!! 455!!!!!!!!! UNFREAKEN BELIEVALBE and it is BANK OF AMERICA’S FAULT MORE THAN TB&W SINCE IT HAS BEEN 18 MONTHS!!!!!AND MY LOAN STILL HAS NOT BEEN MODIFIED.

    They sent, finally, an offer on 11/3/2010 and it was FedX to me on 11/3/2010 and they wanted the offer back by 11/5/2010!!!! they wanted it back in 1 day!!!!! and it was a HORRIBLE HORRIBLE OFFER!!!!! IT WAS ONLY GOING TO SAVE ME A LOUSY $100. whcih they knew would hep me at all!!!!
    They wanted $24,000 if I wanted to just make my current loan to continue. They ask me for my bank statements every 2 months and I asked them, do you see freaken $24,000 in my acocount!!!!!! ASSHOLES!!!!!!
    Listen to this, my refinance back in Feb.2007 closed the end of Feb. first payemnt was due April 1st 2007. I paid from April 2007 through July 2009 for just principal and interest over $33,000.!!!!! Ok wait. The total loan amount on that refinance which included an upfront fee for FHA totalled $202,992. And on the total I paid over $33,000 just p&i. (with taxes, insurance & fha MIP) over $38,000. My statement from TB&W for July 2009, stated payoff was only $197,700. So out of paying over $33,000 in P&I only paid down my principal amount by only $5,292.!!!!Can you freaken believe that. a lousy $5,300 out of over $33,000!!!!!!! Ok, but this gets even better just listen.

    Now because both bank told me not to pay until mod is done, including all the letters from fighting with non-profit group from Making Homes Affordable helped me all they could up until end of August 2010 when they said they did all they can and couldn’t help me anymore So now I’m looking for a foreclosure attorney to help me now that I do have money in the bank since I didn’t use the money for the payment I could had afforded to pay them partial payment. I had emergencies come up so yes, I used some but most of it I saved and BAC knows how much is in my account yet they kept asking me up until 11/3/2010 $24,000.
    Ok so back to the offer from BAC. IF I wanted their offer, they offered me to extend the loan back to 30yrs(since it was only start arpil 2007…that wasn’t a big deal) they were reducing my rate from 6.35%(good rate back in Feb.2007) down to 4.62% That might sound good to you but all advertising and assistance said you could get down to 2%-3%. Well, FHA said they can’t go that low. BUT, the wholesale rate in Nov.2010 when they made the offer, for refinances & new mortgage loans for a 3yr ARM(since I want to move to TN and should had already been there by now except for BAC ruining my credit) was 2.787%; FHA 5yr was 3%. I called the negotiater(this is the 5th one supposedly, yet I was never allowed to speak to the other 4???!!!) and said you didn’t give me a great rate…and you are adding $24,000 since I’m behind from July 2009, which THEY TOLD ME NOT TO PAY!!!!!so the loan amount for the mod they were at $224,000!!!!!!I paid out over $33,000 alone on P&I; my refi total was $202,992. and now they want my total loan amount to be $224,000!!!!!they are f…………g crazy(and now since its Feb.2011 in 2 days, that price is even higher now for every month that I didn’t accept their 1st and only offer ever made to me. And I asked why I couldn’t get the lower rate of 2.787 or 3% and she said that is only for refinances & new & for people with good credit. I blew a gasket when she said that….and I said you f………..g people are the ones who have destroyed my credit!!!!!YOU!!!!!AND YOU’RE TELLING ME NOW I HAVE LOUSY CREDIT WHEN MY CREDIT SCORES WERE IN THE HIGH 600’S and I have my copies to prove it through Sept. 2009. After BAC took over the mod being done from sept.2009 and they told me that the mod would be done within 45-60 days!!!!! And now it took them 15 months 15 months!!!!! to make me their first (and so far only offer) up to Nov.2010 and when I called stating I needed more time than one day the negotiator said she’d give me one week up to 11/11/10. and when I looked over the lousy offer over the weekend, my head said, THEY TAKE 15 MONTHS TO MAKE ME AN OFFER, THEY RUINED MY CREDIT AND GAVE ME A HORRIBLE OFFER, AND YET THEY WANT THE OFFER BACK TO THEM WITHIN A WEEK……THEY FREAKEN LIE LIE LIE LIE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    • TIFFANY February 6, 2011, 9:15 pm

      I READ YOUR STORY, AND IT ALMOST SOUNDS LIKE MINE! LOL! ATLEAST THEY DIDNT FORECLOSE ON YOUR HOME AFTER WAITING ON A MODIFICATION SINCE NOVEMBER 2009 TO TELL ME I WAS DENIED ON JANUARY 26, 2011, AND DENIED AN EXTENSION THEN FORECLOSE ON FEB. 1, 2011. I AM CRYING AND PACKING RIGHT NOW!!! I CAN’T WAIT UNTIL BOA GETS WHAT THEY DESERVE!!! WE NEED TO SHUT THAT COMPANY DOWN!!!!!!!

      • Chris February 7, 2011, 9:19 am

        Your story is like the same thing. That is happening to me. I receive paper in the mail saying. I have recieved a modification but I had seven day to reply to it. I had to send in a deposit in order to be accepted. It was in November 2009. It every started payments Feb 2010. They told me. It was still in processing and my account will change. Once it was done. I have been paying for the last year know. They can’t find the paperwork for the modification. I call the representive. She said, she is no longer in that department. So that say now. I am in Foreclose and will have to move out. They sent me back my last two payments. I am looking for something to do about this now. They accepted my tax dollar to help people like you and me. I will find away to work this out now. I am not going to wait on anyone else.

      • Marianne February 7, 2011, 9:21 am

        I have also been battling this for a very long time. Oct 2009 was when we first applied. We were also told they will not accept partial payment. This has become my full time job. I am constantly informed they are missing forms or can’t move ahead for some reason or another. The other day I faxed them the form they insist they are missing and the following day I got a Fed Ex’d letter regarding their need to begin the foreclosure process bc they were not able to modify my loan as I know from the letter that they sent me… which they never sent. How could they deny me without a complete file anyway…. I have contacted many people to help me, but thanks to these comments I’ve read I’m seeing there are couple people I may have missed!

      • Don S. - Pennsylvania February 7, 2011, 10:38 am

        Tiffany …

        Whether you move out or not is really up to you … not them.

        Even foreclosed, you can fight this thing.

        One Congresswoman in Ohio, Marcy Kaptur, is telling people to STAY in their homes … and they are.

        For one thing, you can file an “Immediate Temporary Injunction” to stop the bank from evicting you. After that, you can fight for your property.

        If your answer is “I HAVE been fighting, and I lost,” it’s likely you misunderstand the law and your rights, and are simply doing as you are told. It’s likely that you trusted the bank to “do the right thing,” but found out the hard way that they aren’t.

        You CAN fight, even though you’ve been foreclosed.

        Please see two articles of mine on PiggyBankBlog.com …

        piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/

        piggybankblog.com/2008/11/08/don-sweets-latest-article/

        … and please see my note to Mary below with two more methods.

        You can give up, pack and leave … or … you can learn how this works and fight for your home.

        How they say it works and how it CAN work are two entirely different things.

        YOU have to stand on your own two feet, learn, and learn how to fight.

        They get away with this … quite simply … because we let them get away with it … by not knowing the law and our rights.

        Quit and move … allowing them to profit from your misery … or learn and fight.

        That’s the choice.

        • shannon February 12, 2011, 9:46 pm

          I agree Don we need to fight. They sent me a modification but wanted me to sign a backdated note from 1997 with Bank of AMerica named in it when they werent the oirginal lenders. I am going to my county deeds office because I dont think BOA filed any paperwork showing thye have legal right to foreclose on me. If BOA was not your original lender check into it and MERS they cant hold that in court because BOA just added themselves to MERS on my property 4 weeks ago. They need original paperwork . They wanted me to sign the note becauswe I believe they have nothing on my property except copy of the original note that they sent me. There is not one attorney I came by that wants to fight in PA if anyone knows of one lets do it.

          Shann

    • Beth Anders February 16, 2011, 8:09 am

      I read yours too and said to myself this is me in a nut shell. They have done so many things to me because of my disablity it has caused me to be sick . My nerves are a mess don’t know where I will go and have had my farm for 24 years . never thought a company would take tax payer dollare and to be so greedy to do things to people like this . I did jion the law suite with a group in Washington State thank God for them . Just remember Karma !!!

  • Mary Marseglia January 30, 2011, 7:56 pm

    Hi, I just found this website about Bank of AMerica class action law suit and wonder if anybody can tell me how to join or do I have to find a lawyer here in Maryland to either join in this classaction suit or file my own with my own attorney???

    My whole story started in April 2009. I had to stop my business of 14yrs due to my disability becoming worse(i’ve been disabled 17yrs but just keeps getting worse and still trying to figure out new business to stay in my passion of animals) I was only going to be living on disability starting June 2009 so I called Making HOmes Affordable, you know the stupid Obama Plan that NEVER WORKED!!!!! So they told me that it definitely sounds like loss of income hardship and to call my current mortgage holder who back in April 2009 was Taylor,Bean & Whitaker. so I called immediately and asked for a supervisor who told me they couldn’t help me because I had never been late nor ever missed a payment. I told her that’s wonderful but I’m telling you I can’t make the whole payment starting in June 2009 and am being a responsible homeowner telling you I”m going to have problems and want a Loan Modification done. Still no. So I called Making Homes Affordable again and they said to call TB&W again because they need to help me. So I waited a week(5 business days) so now I’m in the first week of May 2009 and get in touch with a different supervisor who insisted on telling me the same thing as in April that I was never late nor missed a payment BUT ADDED that I had to become 60-days late before they could help me. I said so I have to ruin my credit inorder for you to help me!! She said yes(by the way, I just turned 50yrs old and this is my 6th home I have purchased since I purchased my first home when I was only 25yrs old and I never had problem EVER NEVER than now)

    so I paid a partial payment for June 2009 & another for July. Called TB&W up they sent me all the paperwork; I sent it back immedaitely. Gave them 3 days to read it then called them and asked how much longer this will take. She told me another 2-3 months!!!! I said on top of the 60-days I’m already late because you told me I had to become late and she said yes. So I said, well I’ll just keep sending in a partial payment that I can afford until you get this loan mod done. She told me DON’T SEND IN ANY PARTIAL PAYMENT. I asked why not, and she said because this mod will go to different dept. and money might get lossed or not put onto my loan. I said, that’s impossible since I pay “online billpay directly from my checking acct. to your bank….she stipulated and very adiment about it to NOT send in any money until the loan gets modified!!! I said look, I’m disabled and live alone with my animals who keep me alive as I am in constant daily pain even on very strong narcotic drug. I cannot afford for my home to go into foreclosure because you are telling me not to even send in at least a good partial payment like I sent for June & July. SHe said don’t worry your house will not go into foreclosure. So I said ok. I stayed in contact every 5-7 business days and by the end of July, they now tell me they had thousands and thousand of loan mods to do and they were hiring a company named SPARTA to do all their loan mods for TB&W and will be forwarding the packet to them, give them about 1 week to get the package and here is the phone number that you will be dealing with them until the mod gets done.
    So I call a week later, SPARTA still doesn’t have package and told me to give them another few days/week. I gave them that and called and they told me TB&W are not forwarding the packets so we have to send you out a new one!!!!! I said you have to be f…………..g kidding me!!!!! So they sent out another one, I sent back, now we are into August 2009!!!!2009!!!!!! Always spoke to a supervisor as the CSR’s did didilysquat. The supervisor always returned my call and now I’m at the end of August and she didn’t return 3 of my calls. Another supervisor called and said sorry, Beth’s on vacation but we have bad news for you….I said it CANNOT BE THAT I DON’T QUALIFY AS NOW I HAVE SPOKEN TO “MAKING HOMES AFFORDABLE” 3x now and stated definitely is a loss of income hardship. She said no, that isn’t the bad news, the bad news is that Bank of America has bought out all our loans(TB&W) and now you’ll have to deal with them.(oh yea, forgot totell you when SPARTA finally had all, I asked how much longer and they said 45-60 days from end of July/early August)

    We are forwarding the packets to BAC here is their phone number give them about a week to get the package. so I did AGAIN. I call BAC a week later. No packet. Another week..Still no packet. 3rd week now in Sept(which 45-60 days from end of July should almost had already had the mod done!!!!!) And now BAC tells me they aren’t receiving packet and have to send me out another one!!!!! I freaken blew a gasket!!!!!!!on the phone!!!!!Before I became disabled, I worked in the insurance industry making good money and after 14yrs and last job as a supervisor, my ass would had been fired if I did what these f…..g banks have done to me and MILLIONS OF OTHER PEOPLE IN THE SAME BOAT AS ME & YOU!!!!! So now they send out another one, I send it back now it is the end of Sept. and I ask NOW HOW MUCH LONGER!!!!!SINCE THIS SHOULD HAVE ALREADY BEEN DONE Bac tells me 45-60 days and had me fax 19 more pages of info they wanted(dont’ know why since it was the same paperwork which I knew then and I still know now, they had lost the paperwork or it was in somebody else’s dept and lost or they jsut freaken lied like they have done to me all the way up to NOW JANUARY 30TH AND STILL NO LOAN MOD DONE…..MY CREDIT HAS BEEN TOTALLY TOTALLY DESTROYED!!!!!! They too told me not to send in any partial payment until the loan gets modified and low and behold November 2009(only 1 1/3 mos after they get the papers) and they had their attack-dog attorney send me my first foreclosure process has been started. I didn’t have any money to pay for my own lawyer to fight. I had a nervous breakdown as I have equity in my house and I can’t lose my house!!!!! Because as BAC knows, HUD knows as they sent HUD and I had to request to stay in my home if the actual foreclosure goes through and they denied 2x and the 3rd time they never responded back!!!!! I wanted to put my house on the market ONE YEAR AGO NOW Feb. 2010 even had a realestate broker come to my house so we could see how much my house would be worth now as I had an appraisal done in May 2009 and the appraiser in Feb.2010 told me my house would be a bare minimum of $20,000 less than what it had appraised for in May 2009 and at that time in 2/2010, he stated he has seen $50,000 loss over the appraised value and I said I can’t take that amount of loss because then I wouldn’t have any money to put down on the home I needed to purchase in the Nashville, TN area where i want to move to. And one of my best friends that has known me for 30yrs now, told me that I better be sure that I can get a mortgage first before I put it on the market. And I currently have an FHA loan and from Jan. 2009 through Sept. 15th 2009, my credit scores were in the HIGH 600’s. And when I told couple of direct lenders and brokers what BAC has done to my credit, nobody now will even give me another FHA loan NOR a USDA loan which is actually better than an FHA loan. So they f………….’d my credit up so badly now, last credit union told me 3 weeks ago that my one score was at 455!!!!! 455!!!!!!!!! UNFREAKEN BELIEVALBE and it is BANK OF AMERICA’S FAULT MORE THAN TB&W SINCE IT HAS BEEN 18 MONTHS!!!!!AND MY LOAN STILL HAS NOT BEEN MODIFIED.

    They sent, finally, an offer on 11/3/2010 and it was FedX to me on 11/3/2010 and they wanted the offer back by 11/5/2010!!!! they wanted it back in 1 day!!!!! and it was a HORRIBLE HORRIBLE OFFER!!!!! IT WAS ONLY GOING TO SAVE ME A LOUSY $100. whcih they knew would hep me at all!!!!
    They wanted $24,000 if I wanted to just make my current loan to continue. They ask me for my bank statements every 2 months and I asked them, do you see freaken $24,000 in my acocount!!!!!! ASSHOLES!!!!!!
    Listen to this, my refinance back in Feb.2007 closed the end of Feb. first payemnt was due April 1st 2007. I paid from April 2007 through July 2009 for just principal and interest over $33,000.!!!!! Ok wait. The total loan amount on that refinance which included an upfront fee for FHA totalled $202,992. And on the total I paid over $33,000 just p&i. (with taxes, insurance & fha MIP) over $38,000. My statement from TB&W for July 2009, stated payoff was only $197,700. So out of paying over $33,000 in P&I only paid down my principal amount by only $5,292.!!!!Can you freaken believe that. a lousy $5,300 out of over $33,000!!!!!!! Ok, but this gets even better just listen.

    Now because both bank told me not to pay until mod is done, including all the letters from fighting with non-profit group from Making Homes Affordable helped me all they could up until end of August 2010 when they said they did all they can and couldn’t help me anymore So now I’m looking for a foreclosure attorney to help me now that I do have money in the bank since I didn’t use the money for the payment I could had afforded to pay them partial payment. I had emergencies come up so yes, I used some but most of it I saved and BAC knows how much is in my account yet they kept asking me up until 11/3/2010 $24,000.
    Ok so back to the offer from BAC. IF I wanted their offer, they offered me to extend the loan back to 30yrs(since it was only start arpil 2007…that wasn’t a big deal) they were reducing my rate from 6.35%(good rate back in Feb.2007) down to 4.62% That might sound good to you but all advertising and assistance said you could get down to 2%-3%. Well, FHA said they can’t go that low. BUT, the wholesale rate in Nov.2010 when they made the offer, for refinances & new mortgage loans for a 3yr ARM(since I want to move to TN and should had already been there by now except for BAC ruining my credit) was 2.787%; FHA 5yr was 3%. I called the negotiater(this is the 5th one supposedly, yet I was never allowed to speak to the other 4???!!!) and said you didn’t give me a great rate…and you are adding $24,000 since I’m behind from July 2009, which THEY TOLD ME NOT TO PAY!!!!!so the loan amount for the mod they were at $224,000!!!!!!I paid out over $33,000 alone on P&I; my refi total was $202,992. and now they want my total loan amount to be $224,000!!!!!they are f…………g crazy(and now since its Feb.2011 in 2 days, that price is even higher now for every month that I didn’t accept their 1st and only offer ever made to me. And I asked why I couldn’t get the lower rate of 2.787 or 3% and she said that is only for refinances & new & for people with good credit. I blew a gasket when she said that….and I said you f………..g people are the ones who have destroyed my credit!!!!!YOU!!!!!AND YOU’RE TELLING ME NOW I HAVE LOUSY CREDIT WHEN MY CREDIT SCORES WERE IN THE HIGH 600’S and I have my copies to prove it through Sept. 2009. After BAC took over the mod being done from sept.2009 and they told me that the mod would be done within 45-60 days!!!!! And now it took them 15 months 15 months!!!!! to make me their first (and so far only offer) up to Nov.2010 and when I called stating I needed more time than one day the negotiator said she’d give me one week up to 11/11/10. and when I looked over the lousy offer over the weekend, my head said, THEY TAKE 15 MONTHS TO MAKE ME AN OFFER, THEY RUINED MY CREDIT AND GAVE ME A HORRIBLE OFFER, AND YET THEY WANT THE OFFER BACK TO THEM WITHIN A WEEK……THEY FREAKEN LIE LIE LIE LIE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    And just on 1/25/11 I received another letter from BAC and it states they sent me an offer and it was never returned; they reviewed it for FHA HAMP and that I don’t qualify. Says I don’t meet the qualifications due to the homeowners delinquencies is greater than 12 months. If you loan is in foreclosure, a scheduled sale will be conducted by BAC Home Loans Servicing Dept.. and it will only be stopped if I accept the last and only offer and pay them now more than $24,000 but they don’t give me the figure and it still wouldn’t get me anywhere because I still can’t afford the mortgage payment and I don’t have $24,000+ anyway!!!!and they know that.

    My file currently weighs 20lbs!!!!! I have everybody’s name, dates, times, who they were i.e. CSR, supervisor, manager etc etc I also up through August 2010 had somebody on the phone with me MOST of the times which was the non-profit group. I had tons of phone calls to pay a loan mod company and they were all scams and “making homes affordable” told me & the non-profit told me I could get it done without having to pay for loan mod(if I could ever find a true legal loan mod company that didnt’ take upfront money ha ha ha & BBB Rating better than F)

    So here you see another story for this website. Hopefully you can see how terrible BAC has also treated me and how long it has been now, I started me first call April 2009 and here I am after becoming 60-days late which is what was told to me that I had to do and back in Feb. 2010, I found out that not only did TB&W tell me a lie(as they could had done something my first phone call) they also could had immediately done what is called an FHA Streamline Refinance and not a loan mod, and my rate would had been reduced shit back then it was 3% and my credit wouldn’t had been destroyed and I probably would had already sold my house and moved to the Nqshville area, and here I am, I can’t even get another mortgage now and I am fighting FOR MY LIFE TO SAVE MY HOUSE FROM FORECLOSURE STILL.

    But I am going to start calling foreclosure attorneys tomorrow and all week if I have to and longer if it takes until I can find somebody that will fight for ME and NOT BAC!!!!! And hopefully you gals/guys will repsond or send me an email: mmshep@netzero.net to me and let me know how to enter this class action suit against BAC or you might be able to tell me what I need to do???do I need to find my own attorney or tell me how to get included in this class action suit.

    Thanks for listening, Mary
    Anybody want to talk, send me an email: mmshep@netzero.net
    and I’ll give you my phone numbers or you can give me yours and I can call you on my dime.

    • Don S. - Pennsylvania February 1, 2011, 9:20 am

      Mary …

      Please see two articles of mine on PiggyBankBlog.com …

      piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/

      piggybankblog.com/2008/11/08/don-sweets-latest-article/

      The first is 18 points for getting started fighting this thing you might find helpful. The second is a metaphorical story on how it all came about … an easy to understand explanation.

      I’ll be adding two more items to the 18 point list and they are below.

      But also, for your own sake, read and skim back over this forum for additional information by myself and other posters. Simply click on “Previous Comments” in light blue at the top and bottom of the column. The last 3-4 pages have a wealth of information, but there are also links to dozens of articles throughout the forum to help your understanding.

      Take the time to learn.

      Here’s those two new points …

      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.

  • Lauren January 31, 2011, 12:05 am

    To Kimberly,
    I live in Oregon and if you google “good grief america” you will find resources in the State of Oregon. This non-profit is training attorneys for foreclosure defense. They have several cases pending right now and have won a couple already. You may want to still exercise your right to sue B of A. Also I am piggy backing off of good grief and setting up help in Eugene.

    For folks in other states. Google Max Gardner’s bootcamp. Max is training attorneys also, and he has a significant list of trained attorneys in every state, on his wesite. If you can’t find it “reply” to me and I will hook you up.

    Last but not least: CONTACT you United States Senator. Do not give up just keep the contacting pressure on. Senator Jeff Merkley, from Oregon, is putting pressure on B of A, in my behalf. If your in Oregon just go on his website and send him an email. He will respond!

    • Don S. - Pennsylvania February 1, 2011, 10:03 am

      Great points Lauren!

      Let me emphasize your point about Senators …

      Folks …

      CONTACT YOUR SENATORS … badger them if you have to (but be nice about it) … don’t give up and plead your case until they help you.

      You won’t likely have to hound them too much. I’ve found mine to be quite willing and cooperative … even enthusiastic.

      Don’t miss the other list of contacts, though …

      The OTHER Senator (your State has two)
      The Office of the Comptroller of Currency (OCC)
      Your State’s Attorney General
      Your Federal Congressperson
      Your State Senators (both)
      Your State Assemblyperson
      Your County (or Parish) Commissioners
      Your County/Parish Sheriff
      Your State’s Banking Commission
      The Office of RESPA, Housing and Urban Development (HUD)
      The Federal Trade Commission
      Fannie Mae/Freddie Mac (Whoever has your loan)
      Department of Justice (Glenn A. Fine/Inspector General)

      CONTACT THEM ALL.

      Sorry for the caps … but I can’t emphasize these contacts enough. Keeping quiet is how we got into this situation.

      Google all of the above for addresses and phone numbers. DO NOT EMAIL. Emails will be literally ignored. Use snail mail or TELEPHONE, particularly with your governmental representatives. Give them a human voice they’ll have a hard time blowing off.

      Am I asking you to do a hell of a lot of work?

      YES.

      Sorry about that, but it’s the situation we find ourselves in. There are NO easy solutions to this. We are not ordering a McDonalds hamburger. There are no instant fixes and there are no heros. There is not one person in charge that will swoop in and rescue us.

      There are laws ON THE BOOKS that the banks are IGNORING, and the only way to get them to comply with the law is to have them enforced … forced to comply … by the agencies and representatives that have been charged with the oversight and enforcement.

      Again, I will emphasize another point about courts … another method to compel the banks to perform their duty …

      Courts are NOT all about “suing.” They are also about “filing.” Filing with a court to ask that court/judge to force a bank to perform its duty is not a “suit” but can be just as effective.

      You can ask a court to stop a Sheriff’s sale. You can ask a court to force the banks to produce documents they are refusing to produce … and they ARE refusing to produce proof of possession of the “blue ink note” and the “chain of transfer.”

      PLEASE DO NOT IGNORE THIS CRITICAL POINT —

      Banks have been responding to demands for The Blue Ink Note by sending a COPY of the note.

      This is NOT what you want or need.

      They must PROVE they have the ACTUAL PIECE OF PAPER. Without the paper, they have NO contract.

      The MERS system scanned mortgages claiming that the scan is good enough.

      IT IS NOT.

      In contract law you have to have possession of the PAPER, so receiving a copy of the note is INVALID.

      The same holds true for The Chain of Transfer. If they’ve sold your note in a “security” and someone else now owns it, they must PROVE who owns it AND that they have the right to foreclose, or even NEGOTIATE (or service your loan).

      A modification is a negotiation … nothing more. NO LAW EXISTS that I’m aware of that compels them to modify … BUT … the law DOES compel them to negotiate AND provide specific information (documents), both of which they are declining to do.

      Never give up. Never shut up. This situation is NOT your fault, and the banks have manipulated the entire economy and political and legal systems in order to possess your homes. Get it right out of your head that the banks’ interest is to do anything short of profiting from your misery and loss … no matter how “nice” they might sound on the phone.

  • Lauren January 31, 2011, 7:05 pm

    A few points of interest:

    1. When you submit a “Qualified Written Request” via a RESPA letter, your servicer will have your credit score lowered by 40 points. To most of you it won’t matter, but you need to know that it is happening.

    2. On Jan. 25th Michael Soma wrote, on this site, about the “Shared Loss Agreement” that the banks have with the FDIC/Dept of Treasury”. Yes folks it is TRUE that the US taxpayers are paying to the banks, 80% 0f your defaulted mortgage.

    3. The US taxpayers just forked over 160 BILLION dollars to the banks, to pay “their” legal bills from lawsuits surrounding “their “foreclosure practices.

    4. The philanthopists Warren Buffett & Microsoft giant Bill Gates own the “controlling” shares of WELLS FARGO BANK. So they steal your home and give the profit away to the poor, in other countries….. how do ya like them apples?

    5. YES there is no Class Action Suit fix here. The only way YOU, “THE PEOPLE” will prevail, is to ban together and support each other in individual lawsuits across the country. There are SOME attorneys and judges in your corner. Also “locally” they have to live amongst us, AND furthermore “their” chiildren may end up in the same senario. So they are more apt to listen. (HOW CAN YOU NOT HEAR THOUSANDS, MAYBE MILLIONS OF FOLKS VOICES???)

    6. Someone posted recently that they were told it was 10 days before their sale date, so there was not enough time to postpone their sale. In other words it was too late. WELL I was told last friday that it was 14 days before my sale date and B of A “NEW RULES” say, that the negotiatior cannot ask for a postponement until 5 DAYS BEFORE the sale date. I have my conversation documented. Whoever it was that did that post, please reply to this posting so that we can exchange information to help each other. My attorney wants to know who told you that, and I will tell you who told me. Looks like supbeona time is coming!

    3.

  • Lauren January 31, 2011, 7:21 pm

    I talked with a person who just obtained a “Loan Modification”. She heard about me and called to tell me how she did it.

    I’m going to cut to the chase…. She badgered them night and day for 2 years. Emails, certified letters and daily phone calls.

    This is the deal she got:

    Propertycurrently appraises for $100,000.00 (banks appraisal.)
    She owed $310,000.00 plus $34,000.00 from partial payments, late fees and other charges. TOTAL $344,000.00

    B of A lowered her percentage rate from 6.25 to 2% for the first
    5 years. In the 6th year it increases 1 % and adjust an additional 1% per year, until it reaches a ceiling of 6%.

    Sounds good AH? Well that is on her current loan balance of
    $344,000.00. NOT WHAT THE PROPERTY IS CURRENTLY VALUE AT. If she sells the property, at any time, she must pay the bank $344,000.00.

    This is the ONLY MODIFICATION that I have heard of in 2 years.

  • Lisa R February 1, 2011, 2:19 pm

    I live in Georgia and like so many others I to have been victimized by Bank Of America and would like to know how I can be a part of any class action lawsuit that is being filed against them. They took billions of government money “to help people save their homes” They raise your house payment, prolong the home modification process after months of them giving excuses as to why nothing has been done yet then you hear you don’t make enough to have your payments lowered you did not qualify in two days your home will be sold Thank you. I am a widow and I have lived in my home for 20 years my children grew up here and my husband died here… ((I am not sure how they sleep at night)) ** I Would Like To Join In The Class Action Lawsuit **

  • Jose Melendez February 1, 2011, 6:02 pm

    I’ve been fighting a neverending battle with this so call Bank of America since Oct. 2008 and still Waiting for my loan modification I’m in the hole 13,800 . I lost employment for one year but they still keep taking my monthly payments now that I’m back to work.

  • Lisa R February 1, 2011, 9:17 pm

    I live in Georgia and like so many others I to have been victimized by Bank Of America and would like to know how I can be a part of any class action lawsuit that is being filed against them. I am a widow the mortgage is still in my husband’s name the house is in both of our names. They told me that I should get my payment modified then assume the loan. So that is what I tried to do. In good faith I trusted them but Never Trust BOA! They took billions of government money “to help people save their homes” They raise your house payment, prolong the home modification process after months of them giving excuses as to why nothing has been done yet then you hear *you don’t make enough to have your payments lowered* you did not qualify* in two days your home will be sold Thank you. I am a widow and I have lived in my home for 20 years my children grew up here and my husband died here… ((I am not sure how they sleep at night)) ** I Would Like To Join In The Class Action Lawsuit **

    • Don S. - Pennsylvania February 2, 2011, 1:36 pm

      Lisa …

      This might sound a tad cynical, but they sleep very well at night. They take home a reasonable if not fat paycheck doing what they’re doing. They don’t work for you, they work for their executives and stockholders, all of whom mandate profit at any cost.

      That’s what we’ve become in this country. That’s what happens after the “Me Me Me” generation … the “screw them” generation.

      PLEASE glance through this forum for ways to fight this thing. I can see you came here with many of the illusions about how things work that most of us did.

      Self-education, personal action and holding responsible people responsible is the only way to move forward.

  • Don S. - Pennsylvania February 1, 2011, 11:35 pm

    Folks …

    IMPORTANT ANNOUNCEMENT

    Please contact your State Attorneys General AS SOON AS POSSIBLE.

    Calls are better than emails, but emails may have to do if you can’t call or can’t get through.

    Apparently, all 50 Attorneys General have been under pressure from the big banks to “settle” and are backing down from hard language about holding them accountable.

    That can mean only ONE thing …

    WE AREN’T SPEAKING UP ENOUGH.

    Please contact your Attorney General and ask everyone you know to also. Yes, it’s WORK and takes your time, but this is HOW things work. When people shut up, the banks win … period.

    There’s a petition you can sign, but please don’t leave it just at that.

    http://crimeshouldntpay.com/#petition

    PLEASE be pro-active in contacting these people AND spread the word to everyone you know. ANNOY them if you have to, but get the word out.

  • Joseph Zernik, Human Rights Alert (NGO) February 2, 2011, 8:22 am

    Abundant evidence shows criminality by Bank of America and its President Brian Moynihan (see links below).

    However, the chances are slim for any remedy through the US courts, since the evidence shows that the US courts treat BofA and its executives as vested in sovereign immunity.

    We live in a Robber Baron Revival Era.

    Joseph Zernik, PhD
    Human Rights Alert (NGO)

    LINKS:
    [1] 10-05-05 Countrywide Bank of America NYSE BAC and its President Brian Moynihan Compilation of Records Evidence of Racketeering
    http://www.scribd.com/doc/30975368/
    [2] 10-05-05 Chairs of US Congress Committees of the Judiciary and Banking Are Requested to Join Senator Feinstein’s Inquiries on Comptroller of the Currency
    http://www.scribd.com/doc/30979882/
    [3] 10-07-06 Complaint Filed with US Attorney Office Los Angeles Against Moynihan Bank of America [NYSE:BAC] Bryan Cave LLP Alleging Racketeering
    http://www.scribd.com/doc/33971099/

  • b. greer February 3, 2011, 7:17 pm

    My husband and I live in Indiana. We would like to know who we can get in touch with in the Indiana/Illinois (Chicago) area to join the class action against Bank of America, i.e., BAC Home Loans-Making Homes Affordable lawsuit. Our story is more of the same. However, our modification after a year and some months was supposedly completed in January, 2011 with us owing 2 months of payments. Now we are bing harrassed to make these back payments. The third set of modification papers were sent finally in July, with completion of modification projected in September. They allowed the paperwork to sit around until the end of December (28th) and they began to push to complete and finalize modification. Fortunately, I had sent some payments (BAC partial account), which covered Sept. thru Nov. With the negotiator working at the end of the month and not having enough in the account to cover December, they then began their heavy handed diealing of what we must do. More funds would have been in partial had they not told me to stop sending payments in. Now we are at a stand still. They call my home and harass me every night and I tell them that they should talk to the advocate that we have been dealing with who says that those payments are in dispute. Of course we can’t reach her anymore and she won’t return the phone calls. What we have in common with others who have commented is that we were also with TBW. BOA has taken too much of my life from me and I want it back. Where do we go and where do we sign? Thank you

    • Don S. - Pennsylvania February 4, 2011, 10:22 am

      B. Greer …

      I’d strongly suggest you read through the previous page, and even the page before that. Simply click on the light blue “Previous Comments” at either the top or bottom of this column.

      Please also see my post to Mary about halfway up this page.

      There is NO class action to simply sign up for. There are NO heroes. Lawyers are not hovering over their computers waiting to step in and save us. Attorneys are RUNNING AWAY from helping us, afraid to take on the power of the banks.

      Sorry to be blunt, but that is the situation we’re faced with. There are, however, things you can do to fight this thing. Several other posters and myself have researched and listed some of those methods. The key is your personal effort. No one is going to do it for you … without sacrificing more than you may have to give.

      Above all remember … it is not their job to “service” you. Their mandate is to obtain maximum profit as quickly as possible. They work for their stockholders and executives, not you. That’s how they see it, anyway.

  • pinwick February 4, 2011, 3:44 pm

    i have been forclosed on need help to sue.phone is 704-674-7279

  • cissy February 6, 2011, 3:36 am

    I have the same story. BOFA sets you up for failure. Please tell me how to become part of the class action. They stopped my mod 2 days before payment was due for being late! someone there said she could see it in my and file. She apoligized and said there ws nothing she could do. Well after many calls and sleepless nights they forclosed! How do I get into the class action? Please email me with suggestions….cissydsmom@yahoo.com

    • Don S. - Pennsylvania February 7, 2011, 10:56 am

      Cissy …

      Even from your short paragraph, it’s fairly apparent you had the same misconception many of us did when we started this. You trusted the bank to do the right thing.

      It’s also fairly obvious that you’ve been lead to believe something else that isn’t true … that class action lawsuits are somehow bad for banks and a way to get even.

      They aren’t …

      … not in any serious way, anyway.

      Class action lawsuits are TERRIFIC for the banks. They LOVE them. Class actions lump you in with dozens, if not hundreds of others, shut you up individually, throw away the details of your case (which is what cases are won on), and makes it possible for the banks to send just one small legal team to defeat you.

      How is that a good thing?

      They foreclosed because their plan was TO foreclose, and profit from your property.

      Your bank representative apologized and said there was nothing she could do because she doesn’t work for you, but works for her executives and stockholders who insist on profit at any cost … which includes your loss and misery.

      A class action wouldn’t likely save your property … BUT … learning the law AND fighting for your rights COULD.

      Please see my notes to Tiffany, Mary and B. Greer above, as well as postings of others on this forum. Read through the information posted over the last month or two. Simply click on “Previous Comments” in light blue at the top or bottom of this column and learn what you’re up against and how to fight.

      If your answer and reaction is, “That’s too hard. I can’t do that,” then the banks have won.

      They are literally fattening their net worth, confiscating peoples’ homes, on peoples’ ignorance … and lack of willingness to fight.

      It’s your choice.

  • Sheila February 7, 2011, 6:11 pm

    Has anyone gotten any where with this or do a few show up here & there until they evetually succomb? are there any winning outcomes? or are we just going against the wind. I dont recall seeing any good outcomes as I read back thru the messages here.

    • Don S. - Pennsylvania February 8, 2011, 1:48 am

      Sheila …

      Not to perpetuate my babble-speak, but you bring up something I wonder myself. I wouldn’t mind hearing a success story or two either. I hear bits and pieces of “good news,” but it’s a fair assumption that most simply find this whole thing too painful to talk about, success or not.

      I’m pretty sure the banks take that into account … winning through our pain. I truly believe they are that ruthless.

      For my battle, it still rages on, but I’m holding up. I’m in it for the long haul and will do what it takes.

  • Patricia McClain February 8, 2011, 12:21 pm

    I need immediate help. I go to court in two days for an eviction from my home of over 35 years.Working with Bank of America it only took them 6 months to screw everything up so badly for me that I went from being offered a Home Loan Modification to foreclosure to the sale of my home. I am in desperate need of help as I am a permanetly disabled person with limited income . I am still in shock as to how this could have happened. They many so many errors and turned everything around to blame me. They said I declined offers when I never recieved the paperwork. They told me to send in good faith payments then refused to accept them. If anyone knows of a decent lawyer in the Oakland County Michigan area please contact me. Thank you
    mcclain_patti@att.net
    248-588-1788

  • allan morris February 8, 2011, 12:43 pm

    how do i file a law suite against bac? i live in missouri.

    • Don S. - Pennsylvania February 9, 2011, 12:42 am

      That’s a big question Allan.

      What do you want to sue FOR?

      To make them do their job?
      To give you a modification?
      To repay you for the pain and aggravation they caused you?
      To get your house back?

      What you want is CRITICAL in how you use the courts to get it.

      You have to be VERY specific with a court with what you’re trying to do. You have to tell a court exactly what happened, how there was some sort of violation under the law, and what you want out of it.

      Now, the simple side is quite literally a fact … you can sue anybody for anything … if you know how to fill out the papers. But courts take a dim view of wasting their time. You have to KNOW what you’re doing, and that takes time, research and self-education. You also have to know the law, since lawsuits … or filings (there’s a difference) … are based on law.

      You can’t just say “They did me wrong.” You have to say why and how they did you wrong based on a SPECIFIC law or laws.

      Are you in your house and just want your modification? You can’t just go to a court and say “They were supposed to give me one and didn’t.” There’s no law to back you up. You can’t force a “party” to renegotiate a contract, unless they’ve violated a specific part of that contract or a law that regulates contracts.

      Were you evicted and want your house back? or to be paid for having it taken from you illegally?

      You can’t just “sue.”

      There really is no such thing.

      A “suit” is an argument … nothing more.

      You accuse someone else of doing something wrong based on a LAW or words in a contract, then a judge or jury decides who did what wrong. After that, they decide how the argument is settled.

      A “filing” is something else. If you have an agreement with someone … say a mortgage company … and they’re not doing what the LAW says or what the agreement says … you “file” in a court to ask a judge to MAKE them do what they’re supposed to do.

      Sorry how this all might sound Allan, but it’s nothing like you imply. It’s not pushing a button or ordering a McDonalds hamburger. It’s hard work and knowing what you’re doing.

      We all got into this by NOT knowing a damned thing about the law, while the mortgage giants knew EVERY DETAIL and used that knowledge to profit from our loss and misery.

      PROVING IT in a court is another matter altogether, and it’s fairly clear that we’re on our own … to learn, work and fight … for OURSELVES.

      So my recommendation to you is self-educate … research and learn the law and how courts work.

      Surprisingly, filing yourself has a LOT more latitude than doing it with an attorney … IF you do it right.

  • Yolanda February 8, 2011, 5:02 pm

    OMG, I can’t believe this, I’ve read all your stories and they all sound like mines, right now I’m in tears, my home of almost 20 years was sold yesterday 2/7/2011 by Bank Of America.
    I’m lost, what do I do? Where do we go?
    I was on the phone with Bank Of America speaking to a representative and this lady comes to my door and says, Hi, my company just bought your home. OMG I’m in shocked and Im so devastated, what do we do now? Help, Please help, someone, anyone
    I did everything I was suppose to, from faxing to fed-xing to calling and paying modification payments.
    Please if anyone can help us, please email us, but I beg of you, please do not do business with Bank Of America, they will take your home or sell your home without you knowing as they did to us.
    I dont know what to do.
    This lady also offered us cash for us to vacate our home in 3 days, cries, omg in 3 days or in less then 30 days or they would proably send someone out to our home, omg our home of almost 20 years and this? Please, anyone help, what are we suppose to do?

    Help

    Yolanda

    • Don S. - Pennsylvania February 8, 2011, 11:21 pm

      Yolanda …

      As most on this forum know, I’m just a homeowner like yourself, not an attorney or professional of any kind. We’re all here trying to help each other through this, and we’re all learning as we go.

      However … there’s an old expression in the law … “Possession is nine-tenths of the law.”

      What that means is that you have far more power IN your home than out of it.

      At a distance, without details, it sounds like you’ve been “blindsided,” not knowing where the foreclosure and sale came from.

      I will quote an Ohio Congresswoman, Marcy Kaptur, by saying “STAY IN YOUR HOME.”

      It sounds to me like you need to file an Emergency Temporary Injunction to ask the court to stop the eviction. You need to put together every scrap of paper and write out a detailed timeline of everything that happened so the court can decide if you should have time to build a case to defend your home.

      The injunction is critical, even if you write it and file it yourself.

      YES … yourself.

      You can do what you can to find a lawyer, but they are running as fast as they can from these cases, not wanting to take on the banks. Yes YOU have to fight for your home.

      Sorry … that’s just the way it is.

      There are other things you can do such as getting your politicians and law enforcement … your Attorney General … involved.

      Feel free to email me for a “template” of an Emergency Temporary Injunction at donsweet@verizon.net. You’ll have to rewrite it with your case’s details, but it’s [an unidentified] case that was successful in Georgia, and can be adapted and used just about anywhere.

      Please see my notes above to Tiffany and Mary above (on this page) for other things you can do …

      … but that’s the trick … YOU have to do them.

      If you haven’t figured it out yet, there are NO heroes and we have to be our own heroes. Time to go to battle.

      Your “sword” is your phone and keyboard, and your effort is what makes it happen. No one else will. That’s where we find ourselves.

  • Steve February 8, 2011, 6:42 pm

    I got screwed by BOA in Vegas! Does anyone know who to contact here?

    • Don S. - Pennsylvania February 9, 2011, 12:54 am

      Steve …

      I’d recommend you skim this page and several previous pages for a better understanding of what’s going on.

      Few people from Nevada have posted, but there may be some in previous posts if you search.

      Your best “contact” is YOU … YOU are the one who will ultimately be responsible for fighting this thing. Lawyers are running as fast as they can from these cases.

      “Not knowing” … and not doing anything about it … is what got us here. Learning and fighting … personally … is virtually the only thing that will get us out.

  • ian February 8, 2011, 7:34 pm

    well we have already lost are home. Are payments were Bi-weekly Bac were taking the payments out of are account on the 15th and the 30th and not applying the payment to are mortgage until the 10th of the following month in the process of trying to do a short sale we found this out. Did anyone else have this problem? This is just wrong!

  • sujong chang February 8, 2011, 8:59 pm

    well, i was approved for the loan without having any late payments but they told me to send in partial payments for 6 months until they reviewed my loan and now its reported that im 2 months late on my morgage payments last dec. and they keep giving me the run around and now its effecting my credit and i dont know what to do?

    • Don S. - Pennsylvania February 9, 2011, 12:48 am

      Sujong …

      Please see two articles of mine on PiggyBankBlog.com …

      piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/

      piggybankblog.com/2008/11/08/don-sweets-latest-article/

      The first is 18 points for getting started fighting this thing you might find helpful. The second is a metaphorical story on how it all came about … an easy to understand explanation.

      I’ll be adding two more items to the 18 point list and they are below.

      But also, for your own sake, read and skim back over this forum for additional information by myself and other posters. Simply click on “Previous Comments” in light blue at the top and bottom of the column. The last 3-4 pages have a wealth of information, but there are also links to dozens of articles throughout the forum to help your understanding.

      Take the time to learn.

      Here’s those two new points …

      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.

  • sherry February 9, 2011, 10:18 am

    How do I get in on the fraud also.The same thing happened to me

  • charlotte gladstone February 9, 2011, 11:45 am

    In 1907 my husband died after only 6 months of being married, I applied for a modification of the loan due to his loss of income, I was not behind in the loan, but made it very hard to make payment and live to. I was told to make a lower payment which I,ve been making for 3 months and would I would get paper work to sign after 3 months for a new mortage. 4 years and at least 2 calls a month i’m still waiting on a new mortage and set on pin and needles waiting for the new mortage to be conformed. am I paying on a house that they will take from me in the end. I had a lawyer tell me he didn.t want to help me because of what bank of america and the law suite and what has happened to other people. he said to walk away but I have nowhere to go.

  • deleon February 9, 2011, 3:24 pm

    hi need info after the fact on class action,my house is gone in carolina 704-674-7279

  • martha February 10, 2011, 4:17 pm

    My concerns is almost word for word as Louise’s problem with Bank of America. I am disabled living of a limited income, sole provider for my family. I have a small rental house on my property and in May 2010 they moved out. They had a party their last night and they destroyed the rental. I had called Bank of America because I was told by Country Wide
    I had insurance on the property. I thought when BofA took over the loan they just transferred everything to included the insurance. Boy was I WRONG. When I found out I told them what has happened, they took down the information and said they will send me the papers to refinance at a lower rate. This was in May 2010, June goes by I call them to see were the papers are I received them finally. I received a call from a Mr. Adam W. from the loan department stating I was missing one form. “I sent everything you sent me” so I refax’d the package. Months go by I don’t hear from BofA, I keep e-mailing Mr. W. he doesn’t return my e-mails. They I received a e-mail from Mr. W.
    he stated my e-mails are not his department call number_____.
    I did got no response. Then the BIG almost heart attack, I received a letter from the foreclosure department. Stating I am in pre foreclosure
    and they had returned my part payment. For months they excepted the part payment no word before this letter. They drag you along telling you you will get the refinance at a lower rate and then this letter.
    Something needs to be done with these Loan Companies large business
    get the breaks why not help US little people?????? I know I took out a loan, but work with US.

    • Don S. - Pennsylvania February 11, 2011, 12:27 pm

      Martha …

      With respect to your phrase “little people” it’s fairly easy to see you came to this site with one of the most important illusions we all live under … that the banks are somehow there to “service” us as have some responsibility to our needs.

      Nothing could be farther from the truth.

      Let me rephrase and emphasize that …

      You couldn’t be more wrong.

      You might even call it a “delusion.”

      They do not work for you. They do not look out for your interests. They are not there to take care of you or to make sure you have a roof over your head. They are not George Bailey from “It’s a Wonderful Life.” Far from it. They are even worse than Potter … and this is the simple fact of the matter.

      They work for their [literal] God … profit … as demanded by their executives and stockholders … and nothing more.

      Their SOLE responsibility is to extract as many dollars from you as they possibly can … and when you ask them to renegotiate the contract they signed with you and show the SLIGHTEST weakness … ignorance of contract law, oblivious of your rights, inability to pay fully precisely to the terms of the contract, or any number of other factors, you are marked for termination, foreclosure and eviction so they can repossess and profit.

      After all, they’re just doing their jobs.

      “Little people” are a source of profit … and nothing more.

      If you thought you lived in a country that thought anything else, I’d suggest you take another look.

      I know I sound cynical and some might even say unrealistic, but the situation we find ourselves in proves the point beyond any reasonable doubt.

      We wouldn’t even be having this conversation if our system of politics and commerce and the law wasn’t EXCLUSIVELY focused on confiscating our property.

      The truly sad part is that we let it happen … by our silence and ignorance. We assumed the institutions of our society would do the right thing … while they were literally redefining “the right thing” as profit at any cost.

      The only way to respond to this attack on our rights and property is with self-education, awareness, intolerance AND holding responsible parties actually responsible through the courts and the political system.

      Anyone who doesn’t actually SEE our system as morally bankrupt doesn’t actually understand what’s going on …

      … unless you define morality as profit.

  • Madona Milliron February 10, 2011, 4:35 pm

    How can i add my husband and my nane to this lawsuit? I’ve been fitting Bank of American since 09/10 and I;m about fed-up. We have jumped thru hoops for this bank to get our loan modified. We contacted Hope and there doing what they can. Somebody has got to help the people who have modification paperwork papers just sitting on Bank of Americas desk!!!!!!!

  • rob nichols February 10, 2011, 7:06 pm

    i am in california, having many problems waiting for b of a to make up thier mind and have no idea where to start, or if i can even be a part of this. My original loan was thru countrywide in 95, b of a ended up taking (buying) it.
    i have heard that b of a bought these loans for 60 cents on the dollar and if the loans go bad, then the govt. gives them 85 cents and they own the house to sell for more money.
    is this correct….or even legal
    nicholstwo@comcast.net

    • Don S. - Pennsylvania February 11, 2011, 11:43 am

      Rob …

      The profit would vary from house to house and case to case, but the point is, they profit more by foreclosing … and profit faster.

      And it’s not just BofA. It’s all the banks.

      Why wait around for years for you to pay off your mortgage when they can convert your modification inquiry into fast profit?

      A mortgage modification inquiry “marks” you and enters you into a process of confiscation. It’s no more complicated than that.

      As far as the legality … that’s up for argument. If laws are intended to reflect the morality of a nation, then you have to define our morality.

      At this very moment, courts are accepting and acting on illegal foreclosure documents … and have been for years and for hundreds of thousands … no … literally millions of homes. So … the question is, if the courts are processing illegal paperwork, is it legal? After all, it’s the courts’ actions, right? How could they have been so wrong in so many cases over so many years … right?

      When the question of illegality arises, the courts simply point at the banks and say “They lied. It’s not our fault under the law.”

      Then the question arises about the courts’ responsibility. Shouldn’t they have KNOWN they lied?

      In many cases … if not most … it’s as plain as the nose on your face that they did … the courts EASILY knew it … all the while collecting the fees for the filings.

      So … if you hold the banks accountable, you have to hold the courts accountable, too. It’s simple math.

      How can you call every court in every county and parish in the country on the carpet and even come CLOSE to admitting they were in ANY WAY complicit in this mess?

      You can’t.

      The courts CANNOT admit fault in any of this. Trust in the legal system would crash and burn. There would be nationwide protests and hundreds of thousands of legal cases would be threatened with being overturned or nullified.

      How often do you heard courts admitting they were wrong?

      They don’t.

      So is it “legal”?

      You decide.

      Laws are what they’re written to be AND how they are “adjudicated.” You can’t have one without the other.

      Courts NEVER say “Oops. My bad.”

      As much as we’d like to believe otherwise, courts are “profit machines” like any other corporate entity … simply because they ARE corporate entities.

      I’ll expect a knock on my door any minute now.

      We have become a society of profit at any cost … so your question of legality HAS to include whether that immorality is reflected in the law and the way it’s administered.

  • Don S. - Pennsylvania February 11, 2011, 2:41 am

    I’d recommend taking seven minutes …

    areyoumadenoughyet.com/funnel_events/3975

    Then there’s a 22 minute video and another six minute one after you verify your email address.

    It’s excellent hype … meaning positive … but in the end it’s an advertisement for a service and hype.

    I’m not recommending the service, but I am recommending the videos as a part of your education.

  • Stephanie Christensen February 11, 2011, 8:08 am

    I would like to join a class action suit against bank of America for loans serviced by Wilshire then sold to BOA that were enrolled in the Making HOmes Affordable with Wilshire, but were removed from the program with BOA due to being 2 monhts late on modified payment when BOA was not accepting any payments because the loans were not in their system. Please email me at stephindixon@gmail.com

  • Theresa Holland February 12, 2011, 10:50 am

    February 12, 2011
    Theresa
    I would like to join a class action suit against Bank of America for a loan serviced by Wilshire, then bought out by Bank of America who were enrolled in the Making Homes Affordable with Wilshire, but were removed from the program. Around June of 2009 I started the modification process with Wilshire. After a few months Wilshire started the program. In August or September of 2009 I received a letter from Wilshire to start making payments. My first payment was due October 1, 2009. I didn’t have to make a payment in November but December and January’s payment must be on time. I did everything I was told. In February of 2010 I received a letter from Wilshire to send March payment and all future payments to Bank of America. I contacted Bank of America about my progress and what they wanted me to do. Each time I talked with someone they told me to continue to make my payments as directed by Wilshire because they hadn’t received all of Wilshires paper work. I talked with a couple of representatives of BOA since then and they start saying I did not meet their qualifications and for that reason there is nothing they can do. BANK OF AMERICA

  • living in modification hell February 12, 2011, 3:47 pm

    I have been in modification purgatory since January 2009. Even though I jumped through every hoop, without telling me after making 5 reduced payments, I called to see my status and was informed that my mod had been denied because I had failed to supply some phantom paperwork that I had definetly supplied at least once. I cashed in my meager Roth IRA and paid the bastards up to snuff. The next day, a “home inspector acting for BOA” put a paper in my door that I should call a number immediately. After the usual elevator music, misplaced call, hold to die, I got a person on the other end who told me that the bank just needed my bank statements (I bank at BOA) and some pay stubs and that I would be on the way to a modification! CRUEL BASTARDS! Long story short, got my paperwork and returned it in October ’09 and was told that my final paperwork would be forthcoming in “a relatively short time”. The Dinosaurs became extinct in a relatively short time, Geologically! Now I got my form 1098 mortgage interest statement and the entire amount I paid since last February is held in a “partial payment account” that is not reported as interest paid. I will end up owing tax when I was expecting a sizeable refund. I need the refund to keep going. F— BOA, I really don’t know what to do now. Maybe I’ll spend 2 or 3 hours on the phone next week doing the Bank of America Shuffle. Yes that sounds fun….

  • Joe Brucken February 12, 2011, 5:34 pm

    My original mortgage was a fanny mae backed loan with countrywide. After Bof A got involved our trouble started. I was contacted in May 09 and offered the same thing, a loan modification throught the making homes affordable program. I’m not going to get into all the specifics, but in a nut shell I told them that I was current on my payments. They would still make it work. There plan was to put “hide” my payment for the next 6 months in a seperate account to make it appear I was delinquent. Therefore my modification would be complete in september of 09. Needless to say that wasn’t the case. My credit was ruined, and I couldn’t get a straight story out of anyone. I received my 1099 tax interest statement from b of a and it only showed 6 months of interest paid. This is were I got suspicious. I know for a fact there is something illeagle going on. My credit is still trashed, but I was thankful to still have my house. Am I entitled to something from Bank of America? You tell me..

  • steven February 14, 2011, 8:30 pm

    I filed all the necessary paper work for a home modification according to the Obama’s making homes affordable program in May 2010. After repeatedly getting no where and faxing more and more paperwork to them, having to take out money against my 401K and being unemployed for 18 months, B of A denied my Modification in Feb 2011. They said I was not behind on my payments and I had sufficient funds to pay my loan(only because i cashed out my 401K which I provided paperwork verifying because unemployment did not pay me enough to retain my home). It’s a scam and what do I do when that money runs out? I will have no money and no home. They really need the Govt to step in and hopefully the lawsuit will force them to help the borrowers.

  • Don S. - Pennsylvania February 14, 2011, 11:41 pm

    Stephanie, Theresa, Living Hell, Joe and Steven …

    Please see two articles of mine on PiggyBankBlog.com …

    piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/

    piggybankblog.com/2008/11/08/don-sweets-latest-article/

    The first is 18 points for getting started fighting this thing you might find helpful. The second is a metaphorical story on how it all came about … an easy to understand explanation.

    I’ll be adding two more items to the 18 point list and they are below.

    But also, for your own sake, read and skim back over this forum for additional information by myself and other posters. Simply click on “Previous Comments” in light blue at the top and bottom of the column. The last 3-4 pages have a wealth of information, but there are also links to dozens of articles throughout the forum to help your understanding.

    Take the time to learn.

    Not only aren’t there class action suits to simply sign up for, they aren’t necessarily the best way to combat the banks. But too, there are no heroes. We have to do this ourselves. You have to do it yourself.

    Here’s those two new points …

    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.

  • Vicki Johns February 15, 2011, 12:10 am

    My husband and I have been trying to get a modification for about a year now or more. We are terrified, we have turned in countless paper work over & over and have been told they didn’t receive it or couldn’t find it. We have not been able to make a payment for a year now. We are so afraid that when they do finally make a decision we will be so far behind we will never be able to save our selves if they say no. We have lived in our home over 18 years now and are afraid we are going to lose it and we have equity in our home. As a last resort to losing every thing we put it up for sale. We don’t want to sell, we want to keep our home. The stress has been awful. We lost our business and our income dropped. My husband is working but our income is much less. We need help with this matter. We can’t go on with not knowing being so afraid. What can we do.? We feel they have been stalling us and then after were so far behind they will say your foreclosed on. Please let us know if there is any thing we can do. Thanks!
    Vicki Johns

  • Isabel S - Florida February 15, 2011, 7:49 am

    I hate to be the bearer of bad news Steven, but quite honestly, there is NO loan modification with Bank of America. It is all a scam. I was also told that I was not behind on my mortgage and could not qualify. It is all a trick. They want you to fall behind on your payments so they can take your house. If we apply for a loan mod, it’s because we can no longer afford our mortgage, right? So why do they take sooooo long to qualify us when every month that we continue to pay a high monthly payment is detrimental to keeping our home? Answer: It’s Bank of America’s malicious well-thought-out scheme to make you default and take your home and everyone is in on it. The only way they “might” (and I emphasize the word “might”) give you a loan modification is if you raise enough hell with the Attorney General & the OCC or have it court ordered. Even so, Bank of America WILL eventually find a way to take your house, no doubt about it. They are just that greedy and evil. I hear so many horror stories. People that are told to pay trial payments which many of them pay hundreds of dollars more a month than their original payment because BofA tells them to. If a person cannot afford their regular mortgage, what makes them think that they can pay a lot more a month for trial payments? These homeowners are being milked out of money they do not have and then they get denied. It is all a plan. A plan to make these homeowners pay more money ’til the very end in the hopes they can keep their home but then they get denied and foreclosed on. It is so cruel and evil. Bank of America receives at least $1,000.00 per loan mod application from the Treasury of the United States. Do the math. Millions of their customers have applied and have been denied. Multiply those millions by one thousand dollars. That’s billions of dollars for just “considering” a homeowner for a loan mod. Good amount of cash if you ask me. No wonder they (BofA) agreed to participate in HAMP. Bank of America is committing “crimes” against humanity and unless we do something about it, they will continue to get away with these crimes. Families are homeless and suffering because of them. I was severely abused by Bank of America and decided to fight back with a lawsuit. Yes, a lawsuit. I am suing them “without” an attorney in Federal Court. That’s right. No attorney wanted to help us even though we had a heck of a case. Attorneys will usually sue BofA with a class action because it is more $$$$$$$$ for them not for the victims. If there is any justice left in this corrupt world, Brian Moynihan (CEO) and Barbara Desoer (Home Loans) and their other blood-sucking executives, will serve some jail time. I really hope that you are one of the lucky ones but if you are not, fight back. Best of luck to you.

    • Pat K February 15, 2011, 8:00 am

      I was told that even if you qualified fopr Loan Mod and/or short sale this does not exempt you from foreclosure. kind of defeats the purpose huh? I am behind on payments, am on SSDI and do not qualify for loan mod. I was making payments as stated in my loan agreement – paying short, but covering principal, taxes and insurance. But, with advise from others quit paying all together as they had already screwed up my credit and I was getting no where. I have a FHA loan, so they will get what the government insured PLUS what they get with short sale or foreclosure. They will lose absolutely nothing.

  • Pat K February 15, 2011, 7:54 am

    I applied for Loan Mod in June, paperwork lost, etc… in Oct was told I did not make enough $$ to qualify, but I qualified for original loan. I am SSDI. Then they came up with a new “offer”. adding on late fees, accelerating interest causing mortgage increase of $5,000. Mortgage went down a whole $20. From $1012 to $970. They recommended Short Sale or Deed in Lieu. Well, short sale was denied for “non-compliance” because they kept “not receiving” faxed paperwork. Claimed that I had 45 days to get all the paperwork to them and didn’t. Well, it was not 45 days and now it has been 6 months since this all started. I live in NY, is there a class action suit here?

  • Renee February 15, 2011, 10:08 am

    I would like to know what can I do about BOA. I have been sending documents (the same) since Jan. 2010. It is now Feb. 2011 and still nothing has been done. Each time you call you get someone else and have to explain everything all over again. It is really frustrating. No one seems to know what they are doing. Each time you call you get a different answer from each person. I think just they just hired people off the street just to answer the phone to frustrate people. I really believe they are loosing documents. They lie to you and write lies in your loan notes. You never know if docs are needed until you call them. Everytime you call they tell you it is in review. Well I have been hearing that for the past 11 months. No one reviews that long. Then when I call again another tell me we are waiting on documentation. It is just crazy. They need to be sued to the fullest. HELP!

    • Don S. - Pennsylvania February 15, 2011, 10:40 am

      Vicki, Pat and Renee …

      Please see my note to Stephanie, Theresa, “Living Hell,” Joe and Steven above.

    • Please Read February 17, 2011, 9:20 pm

      I have been there and have experienced the same, my home was auction on 2/7/2011 and the worse thing I was not aware of it until that day, when this lady came knocking at my door, I decided to obtain an attorney, I do trust in they will do the right thing and not take my money, its all I have left in me to fight back for my home, I would like for you to please also fight back before it is too late. Please email me so that I may give you more information on how they can help you, or you can contact them as well, I‘m new to this foreclosure and modification thing, I didn’t know where to start to what to do, I begin reading articles: piggy back etc and it just made me angry knowing what BOA is doing to people like us, please don’t wait until your home is sold to fight back, please don’t wait for another representative to say I’m sorry your status is in review, trust me, I waited and it got me no where, and now I’m going to fight back and let others know what has happen and what can happen to them if they wait.
      my email address is
      yolie_d_724@yahoo.com

  • Don S. - Pennsylvania February 15, 2011, 10:36 am

    Profit.
    Profit.
    Profit.
    Profit.

    Let’s not forget that word.

    But it’s also a way of life for some people …

    … banks most of all.

    Remember this … banks are in business to make money … period.

    That’s why Isabel is correct when she says there is “no” modification.

    If you put yourself in a position where it is more profitable for them to foreclose, they will foreclose.

    That’s why “doing what you’re told” in the modification process will likely get you broke and evicted.

    It’s also why the banks are thrilled when you talk about a class action suit.

    Both are profitable.

    It’s literally true that you have to make foreclosing on your home EXPENSIVE for the banks, not profitable.

    If they have to appear in court time after time, facing you personally, to justify their actions, it becomes expensive. If they have to use their personnel, attorneys and company resources answering to you or a court month in and month out, it cuts into their bottom line.

    Class action lawsuits are CHEAP. Filing a few unchallenged papers with a court to foreclose is CHEAP.

    Banks are about profit. You have to make the process of foreclosing EXPENSIVE.

    It’s simple math … and that’s ALL they understand.

    DO NOT join a class action suit if you can help it. DO NOT “do as you’re told” in the modification process, but bring in every politician, law enforcement official and governmental agency you possibly can to force them to negotiate. They will NOT negotiate unless they are forced to do so. They have no motivation to negotiate a modification since they will LOSE money if they do. Drag them into court INDIVIDUALLY to justify their actions (or inactions).

    Assigning tens of thousands of lawyers to fight tens of thousands of filings and suits is expensive. Sending one small team of lawyers to “dispose of” a class action lawsuit is cheap.

    File INDIVIDUAL “temporary injunctions” to stop foreclosures and evictions. File “motions to compel” the banks to produce LEGAL documents that prove their right to foreclose. Learn the law (yes, YOU) and hold the banks accountable under that law. Drag politicians, judges, attorneys general and agency bureaucrats into your fight. Never give an inch and never shut up.

    Make it all about the money … and make it CRYSTAL CLEAR that they will lose if they try and take your home.

  • Dena Boles February 15, 2011, 12:17 pm

    Hello, My husband and I have been going through a horrible time with BOA for the last 2 1/2 years. We have been trying to get a modificatation and we call every week. We have sent in everything they have asked for on time over at least 30 times. They always say our mod has been accepted and that they just need more pay stubs or w2 or whatever else and we always send it in. Then we call b/c we dont receive the packet we are supposed to get and then they say, Oh it was declined due to incomplete information or once they had our income as $8000.00 per month my husband and I together don’t make more then 2800.00 per month. They had added all his check stubs for one month . Every time its an excuse they tell us not to make a payment b/c it will knock us out of the mod. Then they say we should be making payments then we make one and we call and they say we are sorry we recieved your payment and it took you out of your mod. So we had to resend all the information again and now after 2 1/2 years they called last week and said they we were approved for the mod and they told us who our negotiator was and to please just send in 2 months of check stubs . Then today I received a call stating that our mod was cancelled yesterday b/c our payments were so far behind that we would not be able to get help through them .. Well noone said anything about that being an issue ever in the past 2 1/2 years we have been trying to do this and we would not be this many payments behind if they had just completed the mod in the first place when we first applied and not screwed around entering in wrong information, losing our paperwork and so on..so we are going to give it one last effort and then I guess they will forclose on us. I feel so horrible I have 3 kids and they love this house and the neighborhood we live in I think its very humiliating. And I have to say that I hate Bank of America.. for what they are doing to my family and so many others. If I had a leg to stand on on court I would sue just to be able to keep my house.

    • Don S. - Pennsylvania February 16, 2011, 2:52 am

      Dena …

      PLEASE … for your own sake … follow the links to my two articles mentioned above … AND … read through this forum for other peoples’ suggestions.

      You HAVE options.

      It’s fairly apparent that you’ve been like most of us were … depending on the bank for “the right thing.”

      Well, “the right thing” for the bank is to profit from your home. If that means screwing around with you for several months so they can foreclose, evict, sell and profit, then that’s what they’ll do.

      We all went into this thinking the banks work for us.

      They don’t.

      They work for their executives and stockholders and their objective is PROFIT …

      … period.

      If you want to save your home, you have to learn how to fight for it …

      … and it’s NOT on the phone with the banks.

  • rob nichols February 15, 2011, 2:42 pm

    how do i find out what it takes to join…..am experiencing all the wait…wait ….wait and then no…..
    i keep getting reamed by b of a and have no one to begin this battle with

    please! any and all help will be appreciated
    nicholstwo@comcast.net
    rob

    • Don S. - Pennsylvania February 16, 2011, 2:44 am

      Rob …

      Please read through this page and “Previous Comments” (in light blue at the top or bottom of this column).

      I can appreciate your plea that “any and all help would be appreciated,” but you have a few things off-kilter in your perspective about how to defend yourself.

      There are no heroes here. There are no lawyers hovering over their computers waiting with baited breath to rush in and save you. Attorneys are RUNNING from this issue.

      YOU are the only one that can save you … with diligence and self-education.

      That’s where we find ourselves.

  • Carol Blakely February 15, 2011, 6:19 pm

    How and where do we collectively join the lawsuit, as our stories are all very similar or the same?????

    • Don S. - Pennsylvania February 16, 2011, 2:20 am

      Carol …

      I hate to break it to you, but there isn’t a lawsuit connected to this site simply to join. The news article about the Hagens Berman suit that started this forum is only for Washington State residents and they have another one in California.

      But both are very specific in the requirements for participation … and … NO class action lawsuit is “truly” beneficial to participants, except when there’s absolutely NO recourse … no options … and you HAVE options.

      In several places in this forum both others and myself point out some of those options, and many of my citations and suggestions are on this page.

      Another thing I hate to point out, but must, is the fact that you can’t simply sue the banks to make them do their jobs. It’s not that simple. It’s especially true about class actions.

      They will simply laugh, send a small team of expert lawyers and trash you and everyone else in the suit. That’s how they work. They LOVE class actions. They’re cheap and easy, corralling a bunch of suckers under one court roof where they can slam-dunk a case into oblivion … for a BARGAIN.

      Get it right out of your head that a class action suit hurts the corporation you sue.

      Thousands of INDIVIDUAL filings, petitions and suits hurt the banks, not one lumped-together class action.

      Besides, you lose most of the details of your individual case in a class action … and filings, petitions and suits are won on the DETAILS.

      Sorry if I sound a little terse … but we have been lied to about what’s best for us legally. A class action law suit is merely a “legal killing field” to make us all go away … cheaply.

      Make it hard and expensive for the banks … not easy and cheap.

  • Kindra White February 15, 2011, 10:13 pm

    My story begins in June of 2009. In May of 2009 I received a letter from BOA stating that they had been trying to contact me about the back taxes I owed on my property and because they had not heard from me they took it upon themselves to pay all of my past due and future property taxes to the tune of $6,000. This caused my mortgage payment to go from $891 per month to $1231 per month to pay them back for taxes that I was going to pay myself, and had been saving up to pay for. At his same time my husband got laid off from his aircraft mechanic job and would have to go on unemployment. Simultaneously, I received a letter from BOA from Fannie Mae that offered me Forebearance Payments until I could secure a modification for my loan. The paperwork stated that they would accept a lower payment for 6 months, apply my payments when they were received, and at the end of the six months they would modify the loan. The six month payments had to be made no later than the first of each month, and they would be used to determine my eligibility for a modification. I paid a regular payment in June 2009 and began making the modified payments in July of 2009. I immediately began receiving calls from the property mortgage insurance company saying that I wasn’t making my payments. I spoke to them and explained that I was making forebearance payments, and BOA said that everything was OK although I would still keep getting collection calls because I was not making complete payments. In January 2010, I called BOA because I had made the six payments as contracted and I requested the modification they had promised. I was told after repeated phone calls to BOA that I could not qualify because I didn’t make enough money. I decided to pursue another modification with another company and I was told that BOA had reported my payments late for seven months, and that what BOA had put on my credit report would not allow any other company to touch a modification for my mortgage. Wow! Now I couldn’t even pursue another modification from another company. My husband went back to work in January and I asked BOA if they would consider a modification if I included my husbands income. They sent us the paperwork and we began the process again. Meanwhile, I paid them a regular mortgage payment in January and February and waited for the results. On March 17, of 2010, they sent me an Intent to Accelerate letter and a modification to change my loan payment to $1287.00 that expired on March 23,2010, and they tacked on an extra $14,000 to the balance. I called BOA to find out what the $14,000 was for and found out that none of the payments that I made the previous eight months had been applied to my loan. I was furious!! After 3 hours of being shifted from one department to another, and threatening to call the attorney general on them for fraud, I was finally given a supervisor who could apply the payments. I was smart enough to make them fax me a statement of my account and it clearly shows the payments being received, but not applied to the mortgage balance. Eight months of payments not being applied! I called BOA and asked them to apply my payments and send me a new modification that reflected a reduction for these payments and I was told that it was a take it or leave it offer! A major accounting mistake, and I was told that it was take it or leave it! I told them that I would not accept the offer and two days later I had another Notice of Intent to Accelerate. Notice, I wasn’t even late at this point I made the payments as agreed, but I got a Intent to Accelerate in the mail! Why? Because even though they agreed to accept the lower payments for six months, they counted the difference in the payments as overdue and charged me late fees and reported me late to the credit bureau, and still never fixed the paperwork to reflect the payments that were made for eight months. I contacted an attorney for help and he drafted a letter requesting a modification that reflected the correct amounts due. This never happened. I hired another attorney and paid him $2,000 to help me secure a modification. In about a month we got a letter stating that the review had begun and we needed to overnight 19 pages of documents. Meanwhile, we got another Intent to Foreclose that expired on March 23, 2010. Yes, it was now April. BOA then did another nasty deed. In September of 2010 they began sending me letters stating that they had no record of hazard insurance on the property. We changed policy holders in September, and on the same day the policy was written BOA was contacted by phone with the new policy information by the insurance company and the policy was faxed. I called BOA to make sure that the information was received and the BOA representative assured me that it had, and the policy number was in the computer. A week later I got another threatening letter stating that BOA was going to buy a policy for me, and put it on my mortgage. I called my insurance company, and they again faxed the policy to BOA. I also faxed the policy the same day. I called BOA again to make sure it was received and was assured that everything was ok. Then I get a call from my insurance agent saying that even though our premiums were being paid on time BOA had paid the balance in full. I was livid! BOA took it upon themselves to pay my premiums even though they were being paid and tacked them on to my mortgage!! Can they do that! I again called BOA to ask about the insurance and the Notice of Intent letters and, I was told that I would continue to get these notices and BOA could do whatever they deemed necessary to secure their interests in the property.
    While all of this was happening,I was contacted by the attorney that I hired and informed that BOA had pre-certified me for a modification, and that I would receive a letter in 10 days that would state that the loan was under final review and 30 days after that I would get a trial modification for three months. After making payments for three months on time I would be able to permanently modify my loan for the new amount. I was told by the attorney not to make any payments because if the trial payments started I would have to make them right away. Since I am not made of money I didn’t pay them and took BOA at their word that in 10 days the letter would come and the trial payments would begin. Instead, I got another packet requesting the same 19 pages of documentation that I already sent them. I sent the paperwork and I paid a regular payment. I waited another 2-3 weeks and I called BOA, and my attorney, to find out where we were in the process. I was told that the review process had just begun…what! It should have started two months ago!! I was told by BOA that they had just begun the process the night before, and that I would have to wait another month for that promised letter and trial modification. I made another regular payment. I got another Notice of Intent to Accelerate which I forwarded to my attorney. My attorney was rewarded by BOA with a request to make a new power of attorney that listed every individuals name that was authorized to work on my account. This was completed immediately. I also received another 19 page request for paperwork for the same documents that I had already sent. I sent it back immediately FED-EX and the attorney did the same. I finally got a letter stating that BOA had all of the necessary documentation to begin my review. BEGIN!! I was again told that in 10 days I would get a letter stating the loan modification was in final review and I would be able to begin making trial payments. I waited 2 months for this letter repeatedly calling BOA and my attorney for answers but getting none. Each time I was told they had everything that they needed but the process had just begun! Rediculous!! I made regular payments in September and October, but still no modification! Just run around! In November of 2010, I received another request for the same documentation that I had, and the attorney had already sent. I said NO MORE!! I called a realtor and put my property up for sale on November 11, 2010. On November 24,2010 I moved out of my house. I was getting harassing phone calls from BOA and being told that my Intent to Accelerate had expired and my home could be sold at any minute. I could not function under such extreme duress! On December 30, I finally got a phone call from my attorney saying that BOA promised that if I sent the paperwork one more time they would finally approve the modification. During November and December, I received continuous phone calls from BOA stating that even though I had been pre-approved for the modification, it still did not mean that the modification would be approved, and if it wasn’t they could still foreclose. What the heck!! What does pre-approved mean! I was fed up and it was too late! I no longer wanted the modification! I was done!! On January 27, 2011, I got an overnight package requesting more documentation by February 11, 2011 or the foreclosure process would resume. Today, February 15, 2011 I received a Summons in the mail for a Foreclosure that was filed on February 4, 2011. In the summons it states that I have not made a regular payment since March of 2010. An outright lie! I have the records to prove it! Funny, I had until February 11 to respond to their notice, but the paperwork was filed with the court on February 4,2011. I have to give an answer by February 21, 2011. I am sending all of the supporting documentation for all of the ocurrances listed above in my answer, and I will see what happens. I hope BOA is proved to be the incompetent company that it really is! They have no valid excuse for their mistakes, especially since I have all of the cancelled checks and correspondence to prove my claims in any court of law.

    I also want to be included in any and every class action lawsuit against BOA! I really think that we should demand an FBI investigation into the company for financial fraud, and incompetency.

    • Don S. - Pennsylvania February 16, 2011, 2:37 am

      Kindra …

      You need to make this scenario part of a filing YOU make in court against the bank. YOU need to file your complaint against them.

      File an emergency temporary injunction to stop a foreclosure … or file a motion to compel them to produce proof that they even have the right to foreclose.

      There’s all kinds of things you can do.

      One thing I can tell you that you have … unfortunately … completely wrong, is the fact that they’re NOT incompetent IN THE LEAST …

      … they only LOOK incompetent.

      Ask any lawyer how to get away with something and they will tell you that you CANNOT look “malicious” to a court … but you CAN look stupid.

      If the banks didn’t go through a process of looking like idiots, law enforcement would be all over them. They’d be taking home openly maliciously, and courts take a VERY dim view of that.

      BUT …

      They can appear to bungle their way to confiscating homes until the cows come home and no one will bother them.

      How can I say this with such confidence?

      Because they’re actually DOING it.

      Want to defend yourself? Want to hurt them?

      Then file YOURSELF, and get everyone you know (or don’t know) who is in this situation to file INDIVIDUALLY, too.

      This is all about the money, and if people force the banks to send out hundreds (if not thousands) of lawyers to defend themselves it will take a HUGE bite out of their profitability.

      Yes, we should press the Attorneys General to investigate and prosecute … BUT … you and I both know how hard it is to get past the banks’ lobbyists … who are paid millions to hound law enforcement and politicians to press their agendas forward.

      No, don’t stop shouting how angry you are … but … turn that energy into something effective … and the first thing is to get class actions right out of your head. It’s individual voices that will have the effect.

  • Sue February 16, 2011, 8:51 am

    B of A… what a bunch of lying crooks. I sent them and faxed them 29 pages showing my monthly statement and front and back of every check that was processed for our monthly payment. B of A auctioned our house anyway. We paid our mortgage, they called us liars, they sold our house, our credit is f—ed .

  • Tony Z February 16, 2011, 11:54 am

    More bad news for homeowners:

    Home Sweet Wall Street — Robert Scheer

    http://www.truthdig.com/report/item/home_sweet_wall_street_20110216/

    • Don S. - Pennsylvania February 16, 2011, 1:19 pm

      Folks …

      Once again Tony has come up with an excellent article on what’s unfolding here.

      For any of you who read me on a regular basis, you might be hearing a slightly “stern” tone recently, perhaps a level of intolerance or even impatience.

      If so, I apologize, but it’s not impatience with posters or homeowners. As a homeowner going through this, I know where most of us come from … being completely in the dark about what’s going on, so I can’t hold a single thing against homeowners who don’t know.

      I’m simply frustrated with an abusive system.

      Here’s a key aspect of how I see this unfolding …

      Greed and legalized robbery will ALWAYS be present in a culture. It’s simply human nature to want to enrich yourself. It is part of the human make-up to want to feel more superior than the other guy. Not only that, but our American culture ENCOURAGES us to put others down … to victimize.

      Bank employees are simply doing what culture demands … stuffing their pockets at the expense of others … others that are inferior and unimportant.

      That’s you.

      If you don’t know about contract law, that’s your problem and you’ll pay through the nose for it. If you don’t know why the banks are confiscating homes, that politicians and law enforcement and the courts are aiding the process, then you belong in the street, or to become a renter. If you aren’t smart enough to properly negotiate a contract, then you deserve to lose it all to the ones who know.

      As much as you might think this post is too complicated or couldn’t possibly be true in a “free” country, consider this …

      These people see themselves as free to screw you for every penny. They know things that you don’t know and that makes you a loser. They ARE better than you, and you don’t deserve that roof over your head or the right to own it.

      Whether we like it or not … not knowing something INSTANTLY, naturally and immediately makes us victims. Not DOING anything about it (and believing we don’t have to) literally enslaves us to the people who KNOW and DO … and the banks “know” and “do” all day every day.

      I’ve posted things about the Constitution and Declaration of Independence on this forum … (oh, there he goes again) … but I have a simple fact to point out to every reader, and in fact, every citizen of this nation …

      If you do not ACTIVELY participate in the process, knowing what you’re doing and why you’re doing it … locked into your mundane daily routine or glued to your television … people in power WILL exercise that power over you and ENSLAVE you, taking everything you own, then making you pay rent on everything you need.

      Am I some nut job just ranting?

      Or is this really happening?

      With millions of lost homes and millions of others facing foreclosure and eviction, how much more proof do you need?

      Learn, know and DO … ACT to keep what’s rightfully yours.

      If you don’t, expect to lose it.

      Depending on others gets you PRECISELY and ONLY one thing … dependence on others … and others will take everything you have if you let them.

      The problem is the fact that we let them.

      Had we said “no” to the banks (or any other corporate entity) or politicians or law enforcement for the last 40-50-60 years, we wouldn’t be in this position …

      … but we didn’t.

      If this is all too complicated for you, or you simply don’t believe it, then we’re lost. Our only hope is to make our individual, educated and active voices heard.

      An old expression I try to live by …

      “If not me, then who? If not now, then when?”

  • Tony Z February 17, 2011, 11:40 am

    Why Isn’t Wall Street In Jail?: Financial crooks brought down the world’s economy — but the feds are doing more to protect them than to prosecute them — Matt Taibbi

    http://www.rollingstone.com/politics/news/why-isnt-wall-street-in-jail-20110216?page=1

  • Please Fight Back February 17, 2011, 9:30 pm

    Please, Please fight, fight, back, don’t trust them, the moment they say you are being reviewed or your status is pending, sooner or later they will say something like, sorry but you are decline because you did not submitt the proper documents on time or trust me, its always going to be one thing after another, I have faxed, I have Fed-X, I have called and yet still, each time I called all I got was we were still in status review, I have lived in my home about 18 years here in California and I too thought I was going to get some assistance from BOA, the only assistance I got today was a Summons

  • Fight, Fight Back, Please February 17, 2011, 9:31 pm

    Please, Please fight, fight, back, don’t trust them, the moment they say you are being reviewed or your status is pending, sooner or later they will say something like, sorry but you are decline because you did not submitt the proper documents on time or trust me, its always going to be one thing after another, I have faxed, I have Fed-X, I have called and yet still, each time I called all I got was we were still in status review, I have lived in my home about 18 years here in California and I too thought I was going to get some assistance from BOA, the only assistance I got today was a Summons

  • Florence February 17, 2011, 11:22 pm

    I CANNOT STRESS ENOUGH TO NEWCOMERS TO READ THROUGH OLD POSTS. IN PARTICULAR, ONES BY DON S.-PENNSYLVANIA. HE HAS GIVEN BULLET POINTS OVER AND OVER. This is not just a means to complain, if you want to fight it, you have to be proactive and follow through. YES, it is alot of paperwork and follow up, but you’ve already done lots of paperwork and follow up. You NOW need to make it work for you!!!

    I am a success story here. 23 months worth of paperwork, phone calls, etc…then I was really frightened of losing my home , and I got mad. I followed those 18 bullet points!!! I wrote to everyone. Chairman, Pres, VP, President Obama, Attorney General, all State Senators, Reps, and Governor. I got some responses…they worked on my behalf..in the end, the Governor turned it over to the State Regulatory Board…and one phone call later, my Modification was moving forward. I was granted the Modification in December, just got all confirmed paperwork today. DONE! My Lawyer is in shock. He said less than 10% get a Modification.

    You must be your own advocate. Write to the people who may be able to help. Request the RESPA documents from BOA…make THEM dance. If you must file your own suit to stay in your house, DO SO! Let them DRAG you out!

    A Class Action Suit will not do it for you. You must do it and pressure them. FOLLOW ALL THOSE POINTS…go back and read the important stuff on this site….not all the whining. We all have the same story.

    Stand UP and be Counted. Godspeed…and I wish the best for all. I just finished writing thank you letters to all who have helped me.

    A HUGE THANK YOU to DON S-PENNSYLVANIA. Thanks for all the help, time you have spent on here helping others, and wonderful points.

    ~~Florence

    • Don S. - Pennsylvania February 18, 2011, 11:28 pm

      CONGRATULATIONS Florence!

      Even just one victory makes it worthwhile. Let’s hope there’s many more.

  • vrsecond February 18, 2011, 7:06 am

    Are there any class actions pending in Florida? if so, what do I need to do to add my name? Any help on finding or getting a class action started will be most helpful-good luck to all.

  • Don S. - Pennsylvania February 19, 2011, 1:14 pm

    Folks …

    I’d highly recommend that you read and understand this very critical article …

    http://www.huffingtonpost.com/l-randall-wray/new-yorks-us-bankruptcy-c_b_824167.html

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