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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 }
  • Piggybankblog February 19, 2011, 3:31 pm

    If it walks like a piggy, talks like a piggy, by golly it’s a PIGGY!
    .
    WHERE IS MY LOAN MODIFICATION BANK OF DESTROYING AMERICA!
    .
    BofA and it’s CEO Brian Moynihan reminds me of that song by John Lennon and George Harrison titled “Piggies” I invite you to listen to this song on youtube and see if it appropriately fits.
    .
    youtube.com/watch?v=ovD9rTzs2q4&feature=player_embedded
    .
    Have you seen the little piggies
    Crawling in the dirt
    And for all the little piggies
    Life is getting worse
    Always having dirt to play around in.
    .
    Have you seen the bigger piggies
    In their starched white shirts
    You will find the bigger piggies
    Stirring up the dirt
    Always have clean shirts to play around in.
    .
    In their ties with all their backing
    They don’t care what goes on around
    In their eyes there’s something lacking
    What they need’s a damn good whacking.
    .
    Everywhere there’s lots of piggies
    Living piggy lives
    You can see them out for dinner
    With their piggy wives
    Clutching forks and knives to eat their bacon.
    .

    When I filed my lawsuit against Bank of America, myself and Brookstone Law Firm thought of the many others out there in the same situation. It was then that we decided to educate the public on what these piggy banks are doing, as well as unite us all together as one voice. Please help me turn this David vs. Goliath modification process, into a Goliath vs. Goliath.
    .
    Please stand with me and Brookstone Law firm and send an email to Bank of America that states that we will no longer tolerate their potentially illegal, fraudulent, irregular and abusive business methods. – brookstone-law.com/
    .
    So please send your email directly to Bank of America and include the following:
    .
    1. Your name
    2. Your complaint concerning your experience with Bank of America.
    3. Please end your email “I support John Wright vs. BofA Lawsuit!”
    4. Please send a copy of your email to piggybankblog@earthlink.net
    5. Please send your email to BofA CEO Brian Moynihan:
    brian.t.moynihan@bankofamerica.com
    .
    If you would like to join my piggybankblog “Elite Blogger Hit Team”, please do not even hesitate to contact me at piggybankblog@earthlink.net. The elite team involves leaving comments on certain pre-decided Bank of Destroying America comment sections on articles, blogs and other various online sites.
    .
    Please help me spread this youtube around, which is an announcement of my Lawsuit. It will drive Bank of Abusing America absolutely crazy to see it all over the internet:
    .
    youtube.com/watch?v=PoOJMr7OJ0s&feature=player_embedded

    .
    I HAVE HAD ENOUGH AND I AM FIGHTING BACK!
    .
    Divided we might have fell America. UNITED WE MUST STAND!
    .
    Let’s Roll!
    .
    John Wright
    piggybankblog.com

    • James February 26, 2011, 10:45 am

      I have been trying to get a loan mod for a year and half and always get the run around i’m in forclosure with no sale date Last night we got a phone call from bank of america from this guy Alan from there Virginia office stating they no longer except unemploymennt as of Oct,2010. But if the claim was opened before that date they had to well guess what ours was but he went ahead and denied for that anyway I called back and spoke to so many people telling them the problem and they were all amazed at what Alan did who works for Mr. Johnson(neg) so the negoiater never contacted us or looked over the file. but we were denied. Bank of America doesn’t want to help anyone who needs it.

    • JK September 9, 2011, 2:56 pm

      John
      I appreciate the information about where to email BoA. But by putting in your name and the lawsuit you have that will give you ammunition but may not help all of us that are suffering the same fate. I will do it but, I am in the same boat as all of these other people and I want to save my house. I have not been given a foreclosure date but from the look of things it could happen at anytime.
      JK

  • Melissa February 19, 2011, 9:53 pm

    We are in Michigan. Our Sheriff sale is set for March 3rd. We have been dealing with this from Bank of America since 2009 (soon after the sell of our Mortgage from Country Wide) when the modifaction process began. We were paying half our payment for 6 months which during this time when we called to find out what was happening with the modification they continued to tell us it was with an Underwriter. This continued till April of 2010. At this time they sent us a document (mind you when we called to find out what was happening we heard it was still with the underwriter) that stated we were now in debt over $7,000.00 which was the remaining amount of the half payments plus late fees. When this all started we had struggled due to me caring for my Mother whom passed from cancer but we had caught back up by the time this modifcation was offere,d we weren’t even close to being this far behind. This had all ready hit our decent credit and we started to get forclosure letters from another company Trott and Trott.

    We called BOA to handle this matter and to find out what was happening and what we were told was the person who offered the beginning modification was not authorized to give us this offer. We then were offered another modification. We were told to check back often and we should know within 90 days if we qualify.

    When ever we called we were always told it was in an underwriter. After 3 months we received a monthly statement saying this so called modification has now added almost 700 dollars onto our monthly payment, adding 2 years onto our original mortgage so we can pay off the past due amount which has now added up to over $11,000.00. Mind you we paid a partial payment for 6 months and then for 3 months paid our (prior to this modification) monthly payment amount. The amount past due was the rest of the partial payments plus all the late fees that have occured from the monthly unpaid partial payments.

    We denied this modification feeling like we were being mind my manners but screwed over by BOA. They then asked for bank statements and more documentation (which had been given several times prior) for another modification.

    We felt we couldn’t win this matter and was now paying on a dead stick. After careful consideration we decided to stop paying on this sinking ship and start saving for the inevitable. This was in October of 2010. We have kept in contact with BOA once a week and still to this day we are told ours is in an underwriter. We had even been told to call back to push our sheriff sale out. Which we called yesterday cause we are with in 14 days of the sheriff sale, but was still told our Mortgage is in an underwriter.

    We have kids and are sickened by the embarrassment of the foreclosure being listed in our local paper as well as the stress of wondering what we are going to do next. No bank is going to allow us to get a home loan, land contracts are outragiously high and We don’t want to rent someone else’s house. We want our own. Then the questions of if they foreclose are they going to go after us for the negative equity that we are experiencing in our housing market? What about bankruptcy would this be a better option when we don’t have any other debt except a few small medical bills?

    How do we fight this battle in Michigan?

    For BOA I am just another number,
    For everyone else I am closing this as,
    Melissa

    • Melissa February 19, 2011, 9:59 pm

      This is my complaint. I am hoping to come back with in a couple weeks with my process of VICTORY!!!

      • Tammy February 26, 2011, 11:48 pm

        Dido to all of these stories posted for me and my family. It is sickening. I was furloughed in April of 2008. My husband owns his own construction company which as we all know that industry has tanked in this economy. We applied for a loan modification first with NACA in February of 2009. After getting no action and frustrated with coming up with our payment every month, it finally caught up to us and in July of 2010 we missed our first payment. We finally wrote BAC ourselves to get the process out from under NACA and pursue the loan modification ourselves. We have sent numerous faxes and paperwork packets over the past 2 years. They must have at least 2 dozen copies of our taxes which do not change over the course of a year. In January, we received a letter denying us the modification saying the reason is that we do not make enough money and they would have to forgive too much debt. REALLY? We are fed up! They got bailed out and have not bothered to bail their customers out. It’s time to sink THEM. PUT THEM OUT OF BUSINESS. WHO, WHAT, WHEN, & WHERE do we go to join this class action lawsuit?

        TAMMY in Lake Villa, IL

        • Don S. - Pennsylvania February 27, 2011, 7:04 pm

          Tammy …

          I totally understand your outrage (and feel the same way).

          There’s something I have to point out, however. A class action lawsuit has very little chance of putting them out of business.

          For one thing, the last I looked, BofA was the largest bank in the United States, and the 5th largest corporation.

          That’s a lot of political and economic power.

          Can you imagine how much they spend … and all banks, not just BofA … on lobbyists in Washington and in every State Capitol in the country? Can you imagine how much business they bring to the American economy?

          You ask a lot … not “impossible” … but a lot.

          For one thing, large corporations LOVE class action lawsuits. Getting “one voice” in a court against a multi-billion dollar, multi-national corporation gives you only one voice … not tens of thousands.

          Tens of thousands of voices have an effect. One doesn’t.

          Put your effort to something that will have an effect. A class action lawsuit should be a last resort. Quite simply, we have been lied to about class actions. Tens of thousands of lawsuits, filings and petitions will be far more effective.

          Please read through this blog where myself and others have pointed out what steps you can take to be effective.

          There are no magic cures … no heroes … no Staples Button to push … just simple learning, work and action by tens, if not hundreds of thousands of people like you and I.

          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/

          • Carolyn, Indiana August 2, 2011, 3:59 pm

            Melissa & all, we have been going thru the exact same thing with BOA, we are in Indiana. We have been getting the same responses as above for 2 years now. We just got a reply from them saying we did not qualify for the “modification” because we did not get our paperwork to them, although we faxed AND sent it back via the provided FedX pack. We are just at our wits end, and have no idea where to turn now. Apparently a class action lawsuit is not the best way to go, we have gone to our local organization that is supposed to be thru the government that is supposed to help and advise people to help them save their homes, they have not been much help, they have mostly only communicated with BOA, with even less results than our own contact with them. We have contacted the attorney general’s office, to which we received a “response” from BOA thru them, saying same that we had not responded or provided the proper paperwork, which we have numerous times.
            While it helps to know that we are not alone in this, we understand the frustration that everyone is going thru in these tough (impossible) times. Maybe if we all stand together, we can get some help and possibly save our homes or at least force some changes to prevent others from having to go thru this same thing. BOA is such a large corporation and we don’t have the money or backing that they have, it may be that our only chance/hope is to stand together.

            Don S, we are checking out all your posts and hope that we can find some help to save our home. This experience with BOA has been beyond harrowing and stressful, it does to know we are not alone. Thanks for any help or suggestions.

    • Gina February 23, 2011, 2:40 pm

      Melissa,

      I feel your pain. My family and I are in a battle, but your story sounds the same. Documents after Documents were mailed, phone calls, one person telling us- you’ve been accepted into a modification program, we even went as far as a first payment. The next month, a new letter, sorry your not qualified for a modification at this moment. Some (owing)$25,000 later, we are waiting, unsure if our home will be taken from us. I quit paying, because, as one rep said, your dropping coins into a bucket. I am now joining in a class action law suit, where this will get us, who knows. But the feeling of saving all your life for a home, then the economy dips, my job was furloughed ( 13+% less wages) payments keps rising, and now LATE, is very hurtful. I never wanted this to happen, but trying to get an answer is basically hopeless. Going through the same pain in California. Bank of America put us through hell…

  • ROBIN February 20, 2011, 8:18 pm

    ** HEAR IS MY STORY:
    BANK OF AMERICA MUST BE EXPOSED!!!!!
    Bank Of America is raping me out of my home. They have lied, stolen and violated so many home owners that the time has come for them to be exposed.
    This is my story:

    In March of 2009, I fell behind on my mortgage due to a family restructure. My then 24 year old son and my 4 year old grandson was forced to move back home which severely impacted my budget and living arrangement. My son was forced to take an HONORABLE FATHERHOOD discharge from the military because my grandson’s mother abandoned my grandson and there was no one else to care for him.
    I informed Bank Of America of my situation and asked if I could be considered for a loan forbearance or modification. I was asked to provide various documents including a hardship letter to support my request for such a review. I did as Bank Of America asked and provided ALL documents. I received letters from Bank Of America via FED-EX advising that they had received all documents and they were being reviewed for a modification. Keep in mind, my first request was for forbearance; however Bank Of America conveniently placed my request in as a loan modification. I saw no problem with this as I believed they were helping me. I called weekly, sometime daily to check the status of this modification and was told over and over again from March 2009 until December 2009 that it was still being reviewed and to continue to make regular monthly payments as a modification is not guaranteed. I made payments to my loan as best I could during this time, although still being assessed late charges.
    On December 31, 2009 a FED-EX truck pulled up in front of my home and delivered a package from Bank Of America. The letter stated and I quote: “We are pleased to advise you that your loan modification has been approved. In order for the modification to be valid, the enclosed documents need to be signed and returned.
    The following amounts will be added to your current principal balance, resulting in a modified principal balance of $888,888.88 (not actual #s) prior to your 1st payment date. The amount added to your loan is:
    Interest: $8,888.88
    Fees: $888.88
    Escrow: $8,888.88
    Total: $8,888.88
    Your new modified monthly payment will be $8,888.88(more than before), effective with your February 1, 2010 payment. This payment is subject to change if your escrow account is reanalyzed or if you have a step rate, interest only or adjustable rate loan type. Your current interest rate is 8.888%. This agreement will bring your loan current; however, you are still required to pay back the entire principal by the maturity date for your loan.
    A breakdown of your payment is as follows:
    P&I Payment: $8,888.88
    Escrow: $888.88
    Total Payment: $8,888.88
    Two other pages titled Modification/SAME AS IN SAID SECURITY INSTRUMENT and the actual page to be signed and notarized were also included in this package with copies of all.
    I signed and had all documents notarized and sent back to Bank Of America on January 2, 2010 with my February 1st Payment. I also sent a copy of the modification and a thank you note for accepting me for a modification. I received a letter from Bank Of America dated January 7, 2010 stating that they appreciate my patience in allowing them time to review my loan for possible e modification and that they would contact me with the results of their analysis.
    Of course this letter confused me so I generated a call to Bank Of Americas 888 669-6607, customer service line and questioned the content of the letter as I had already been approved for a modification which I signed, notarized and sent back via Fed-Ex. The representative advised me that it took 30 days for the system to update and that letter may have generated prior to my paperwork being received, however she could see that all documents where received and to continue making my payments based on the “new modification.”
    In February, I made my March payment with a letter enclosed requesting a status on the modification completion as I did not view any change in my monthly statement or on line. On February 26, 2010, I received a letter from Bank Of America, stating they received my request for a receipt of payment and to be advised the last payment they received was on February 9, 2010, but they were unable to provide me with more information on my next payment due because of the status of my loan. They further advised me to feel free to call the HOPE department (1st time ever heard of) directly at 800 262-4218 to get more status. I called this number and I was told to call the Bank Of America customer service number as they had no HOPE application on file for me. I once again called the Bank Of America 800 669-6607 number only to be told once again, it takes some time for the modification to update in the system but continue to make payments based on the “new modification”.

    In March, I sent my April 2010 payment with yet another letter requesting the update of the “new modification” be reflected in my statements and on line.
    On April 16, 2010, I received a letter form Bank Of America stating “Thank you for giving us the opportunity to update you on the status of your work out request. We have reviewed your account and we do show that the status of your workout request is as follows: We have received your signed documents and are in the completion status of processing your workout agreement. You may check the status of your workout request on our website at www. Bankofameria.com.. I had total faith in this letter as it was consistent with my telephone communications with Bank Of Americas customer service representatives.
    On May 20, 2010, I received a phone call from Bank Of America, Kim Frank who advised me that she needed my financial information so that I could be reviewed for a loan modification. I informed her that I had already been approved for a loan modification and that I had been making payments for the past 4 months based on that modification. She placed me on a 15 minute hold, came back on the line and advised me to disregard the call.
    On May 25, 2010 Mrs. Frank called me again making the same request for me to provide my financials. This time she was much more aggressive and demanding. Stating the investor did not accept the modification. I advised her that she called me the other day and we already discussed this matter. Mrs. Frank stated she never spoke with me. She was lying!! Even though I advised her of the signed and notarized agreement she still demanded my financials for consideration of a modification. I questioned where my past 4 month’s payments were being credited to. Mrs. Frank advised me that those moneys were placed in a reserve account and once the modification went through the funds would be applied accordingly, but she needed my financials immediately. I then questioned if I was being reported as late on my credit. .Mrs. Frank then stated no modification is guaranteed until it is accepted by the investor and that I was being reported as late on my mortgage payments. I became very angry and frustrated with Mrs. Frank and advised her that I had just sent the information she was requesting in March and that the only change to my circumstance was that I now had a $400.00 car payment and that it was illegal for Bank Of America to report me as late on my credit since I was making payments based on a legal document that they provided. Mrs. Frank stated that the car payment would help with my mortgage modification and to send that information as well. Her only comment to the illegality of falsely reporting my credit was, “no modification is guaranteed unless it is accepted by the investor. This term was all so brand new to me, investor? Guarantee? I thought my guarantee was my signed and notarized modification agreement.
    As a result of my communication with Mrs. Frank of Bank Of America, I forwarded via the fax number she provided all documents AGAIN: 2 Years tax documents, 2 months bank statements, 2 recent pay stubs, hardship letter, a signed tax 4056 form and a letter of my concerns with how Bank Of America was doing business with me. The very same day I began receiving multiple calls from Bank Of Americas collection department. I 1st spoke with Lauren, who I had a few choice words for and demanded at that point to speak with a supervisor. She advised me that one was not available and when could Bank Of America expect payment as I reflected as being 12 months behind in my payments. I was outraged and advised her she needed to check her records because that was inaccurate. She stated she would have a supervisor call me back. That never happened.
    For weeks and months to follow, I received multiple solicitations from Bank Of America for payment on my past due mortgage. I spoke with one representative after another advising them of the circumstance and the fact that I already sent Kim Frank a new set of financials for review. I continuously told that a modification Is not guaranteed and that I needed to bring my loan current or I would be facing foreclosure. I subsequently asked once again for a supervisor and was connected to one who advised she could see the notes related to my requested modification in March, however something was not updated and she would refer this to her supervisor for review. I never received a follow up call or any communication regarding that matter. However, I still received solicitation calls from Bank Of Americas collection department.
    After multiple, harassing calls from Bank Of America I requested to be placed on a do not call list as I was currently being reviewed for a modification based on Kim Franks communications with me. several representatives of Bank Of America reviewed my account and sent one email after another requesting Kim Frank contact me. Finally, I was advised that Kim Frank was no longer assigned to my file and a Mr. Truscott was now handling my modification. I repeatedly requested Mr. Truscott to call me and on my last request I was advised there was a note on my account that stated “do not contact Mr. Truscott regarding this account, it has been assigned to another loan officer and there was no further information noted on the account. I asked the last representative what I should do as I was now lost in a system of confusion. The representative transferred me to the HOPE dept. where AGAIN, I was asked for my financial information which I once AGAIN faxed to Bank Of America.

    In July I accepted an early retirement package in lieu of a layoff, which I communicated to Bank Of America from day one. I advised Bank Of America that I was on unemployment, but could not get anyone at Bank Of America to take my unemployment information after several attempts to provide it via fax, writing and telephone. Finally, I reached a representative who advised me she could take that information over the phone and she would note my account with the new financial information. I also advise her that the day I left my employer a close family member was diagnosed with a terminal illness and I would be caring for her. Subsequently, she died July 27, 2010 which I found the further burden of financially caring for her during her illness and her final arrangements. This was all communicated to Bank Of America during the modification process.
    In October a sale date was placed on my home, I immediately called Bank Of America to question this as I was still being reviewed for a modification. Bank Of America at that time advised me that they were waiting for more documentation from me and they would put a request in to postpone the sale date. Which they did do.

    In November, I received a letter from Bank Of America that they needed further information, shortly after that I received yet another notice form Bank Of Americas attorney that a sale date of December 7, 2010 was placed on my home. When I called Bank Of America, I was told I was still under review for a modification and a request to postpone the sale date would be formally submitted and to continue to call them to check the status of the request and the modification. I called daily, spending hours on the phone only to be told the sale date postponement was declined because the paperwork they needed was not submitted within 14 days (first time I ever heard that). I then called the attorney, who submitted the request for postponement. The sale date was postponed but ultimately was rescheduled for December 30, 2010.
    At this point I grew weary and decided for my health and best interest to attempt a short sale, which was an option Bank Of America never suggested or offered me.

    I am now packing up my belongings to relocate my family to a rental property, unemployed and paying 1100.00 a month. I believe that if Bank Of America would have honored there modification sent on December 31, 2009, I would not be in this situation.

    Bank Of America reneged on their agreement with me. If I renege on my loan agreement, Bank Of America can put me on the street, but if they renege there is NO consequence to them. This Bank has turned my life and my lifestyle upside down. They have conducted business with me dishonestly and corruptly.

    To date they have told me that I am not able to conduct a short sale because I am still pending modification; however a sale date of December 30, 2010 has been placed on my home. My hands are tied and I have no other choice but to walk away from the home I have built for over 12 years because of Bank Of Americas dishonest operating practices.
    I had a reputable real estate agent review my documents and listen to my concerns which he believed to be valid. He reached out to Band Of America on December 20, 2010 requesting a thorough review of my case. The next day, December 21, 2010, Ironically, I received a call from a Bank Of America rep., Fred Gatty here locally advising me that foreclosure would not happen and that a short sale would be attempted before any sort of foreclosure would be enacted. I thought I had finally been heard! He advised me to continue looking for another job to accommodate being re considered for a modification and communicating my status with him and that he would have the sale date postponed to the end of January. I did as he advised, continued looking for a new job (in this depressed job market), followed up with him on January 4, 2011 advising that there had been no change as of yet, but I was still continuing my job search and I would follow up with him in 1 week. Two days later January 6, 2011, Mr. Gatty called me back to see if there had been any changes to my status. I reminded him that he had just spoke with me two days ago and nothing had changed. He acknowledged that he had spoken with me and that the purpose of his call was to advise me that since my status had not changed, he could no longer hold my file open and he would be referring it back to the home retention department. SLAMMED THE DOOR RIGHT IN MY FACE!! When I now call home retention one rep says the modification has been cancelled because they cannot consider it with unemployment and further my loan is FHA so it does not even qualify for the “making homes affordable” criteria. Never was told that before either! I have now begun receiving those harassing payment solicitation calls from Bank Of America, 1st one resumed on January 10, 2010 at 635pm. Advising me that a sale date of February 1, 2011 has been placed on my home and when could they expect payment to reinstate the loan ( after they screwed up they want me to give them over $20,000.00 to bring my loan current. What kind of business is this?! I spoke with this rep for over 1 hour, was transferred to another number, only for the rep to tell me the modification was cancelled, then transferred to the short sale dept. only to be told I cannot participate in a short sale because my loan is still pending modification. I asked why she couldn’t see the same thing the other rep advised me of and she transferred me back to home retention. I finally gave up and hung up stressed and ill. No one at Bank Of America is taking accountability for their actions. I have NOT abandoned the property, my son, my grandson and two cats still occupy the property. We have no other place to go and we are being threatened with being put out on the street. THIS IS NOT THE AMERICAN WAY! This Bank should NOT be allowed to have the brand America in their name.
    I pray that anyone in power reads this letter and puts a stop to the operating practices of Bank Of America prior to the proposed sale date of my home which again is set for February 1, 2011. They are putting honest, hardworking (retired, elderly, sick, disabled, young and victimized by the economic state) Americans on the street for the sake of a dollar and they are doing it dishonestly and fraudulently.
    I wanted to provide you with an update to my circumstance. This is NOT just my issue, this is a issue for so many and my heart hurts. There are entirely too many for sale signs up on homes that have been occupied for years. Who is going to help us? When will this stop? I know your office alone cannot stop this, but my and so many others votes did not and do not support the blatant dismissal of our homes and lives. Please do what you can if not for me, for another!

    UPDATE:
    On Jan. 19, I received a call from BOA, Office of the President, Arlene Ottensmon. She advised she had received a complaint from the OCC, Office of Consumer Complaints she was calling to investigate. I explained my circumstance. Arlene committed to having the sale date postponed from 2-1-11 and assured me that this would happen in order for her to investigate my concerns regarding the reneged modification BOA approved me for in December 2009. Hours later, Arlene asked me to fax her my copy of the loan modification BOA sent me via fed ex. I thought it odd she didn’t have a copy on file, but I faxed her a copy. I called the BOA customer service number on January 24, 2011 to verify the status of the sale date postponement. I was told the request was pending and the sale date was still set for Feb. 1, 2011. I called Arlene and left a message for her to call me with urgency. She called me back on January 25, 2011 and advised me that she was handling the sale date postponement , she asked me what I was looking for as a resolve and I advised her I only wanted BOA to honor the modification they initially approved me for. She said she did identify their where some things that went wrong with my modification and she understood what my concerns where. Arlene asked me not to contact customer service but to use her as my single point of contact. I awaited a call from Arlene and in fact left a message requesting a return call on Jan 26, 27 and 28, 2011 with no return call. I called Arlene on January 31, 2011, She advised me that she had been pulled away for training training on Tues, Wed and Thurs and Friday and she referred my case to her collegue, Ross Parker. She offered me his phone number and advised me she would advise him I would be calling him. I questioned her commitments to me and she advised me that Ross was now handling it and I should contact him. I called him only to have him fast talk me, condescend me and point the finger at me. With No accountability for BOA reneged modification. He advised me that he would continue to work on the sale date postponement but there where no guarantees and that he only received my information just a day ago. I advised him that the sale date was set for the next day and I needed immediate action. He stated he would do what he would and call me either way. I received my last call from BOA via a voice mail on January 31, 2011 from Ross Parker advising me to call his team leader Steve Spaulding to find out what the next steps in this process was. I called Steve Spaulding and left a message. To date, I have not received any calls from him. On the morning of February 1, 2011 (sale date), I left a message for Arlene, Ross and Steve, at 900, 1000, 1100 and 1200 short of begging for a return call. To date I have NOT heard from BOA. I

    I have however on February 2, 2011 received a posted notice on my door, NO KNOCK, just a posted notice advising me to contact the realtor Virginia Capitol Realty regarding the property and condition of the property. I called and left a message, with an answering service. NEVER received a return call. I called them back on February 3, 2011 and was told the lender has not sent out any eviction notices and to await correspondence and to contact the attorney Samuel I. White who are handling the eviction.

    On February 10, 2011, I received a certified letter from the Attorney Samuel I. White advising me of my options on the property. Option 1- leave by March 10, 2011 and receive 3500.00, Option 2- leave by April 10, 2011 and receive 2500.00, Option 3- month to month lease(no figure provided). Final option, be evicted. I need to add that in order for any of the above options to be considered, I must sign an agreement NOT to sue anyone affililiated with the foreclosure. On February 11, 2011, I called the eviction attorney to get the figures on the month to month lease option. I was told by Brennan I needed to speak with Beth Prunkl, who would not be in until Monday February 14, 2011. I advised Brennan that I had 10 days to respond to their notice. She advised me that my call was considered a response and that the clock was considered stopped. She further advised me that Beth would probably not be contacting me until February 15, 2011, Tuesday and not to let this matter worry me over the weekend.

    I still have nowhere to move my family, I do not have employment and I am diminishing my hard earned retirement to survive. I am not eligible for any typ of public assistance, nor do I want to accept it as I am not in need of financial assistance. I only want to keep my 13 year old home, keep my already troubled grandson in his current school and maintain my life as I have always been able to do. Again, I pray someone in power hears my plea for help in this matter.

    My father has told me I need a lawyer, but I cannot retain a lawyer without exhausting what money I do have. Bank Of America and FHA are robbing me and there is nothing I can do until someone hears not only my story, but the told and untold stories of my fellow man. Why should we be homeless in this country to allow a home to go vacant.
    Please, Jesus, make the wrongs right.
    UPDATE:
    I have secured housing for me and my family 45 miles away and the conditions we have been used to are now conditions of the past.
    Most respectfully and humbly,
    ONE WHO HAS ALREADY LOST HER HOME TO THE THIEVES AT BANK OF AMERICA

    • Don S. - Pennsylvania February 21, 2011, 12:14 pm

      My dearest, dear Robin …

      Your outrage is so much like the rest of us struggling to understand this situation.

      I have to point out, however, that it’s slightly misplaced … at least the energy of it.

      The banks HAVE been exposed … repeatedly … and in the national press. What has NOT happened is that they have been held to account.

      The question arises, “So how does this happen?”

      Will it happen through politicians or agencies responsible for regulating the banks’ behavior?

      Unfortunately, no …

      … unless …

      … and it’s a BIG “unless” …

      WE, as citizens and homeowners hold these responsible parties accountable for the banks’ actions.

      That doesn’t happen through griping and complaining.

      Frankly, banks LOVE that.

      It’s also likely not going to happen through class action lawsuits.

      Banks LOVE those, too, since it corrals all the complainers into one deep legal pit they can euthanize … legally silence cheaply and easily.

      This has been going on for YEARS and law firms have had every opportunity to get on board with class actions against the banks.

      They’re not …

      … not in any significant numbers, anyway.

      Why?

      That’s the question of the age, isn’t it.

      One thing I’m SURE of is that the banks’ political and legal machinery is SO powerful that law firms don’t dare take it on.

      The banks are ENTRENCHED in the legal system and the courts as a “cash cow” feeding fees to the courts, who have become addicted to the money. They hound politicians and agencies daily with lobbyists professing the banks’ position, presenting themselves as the “good guys” and “it’s just business” and naturally, they’re “too big to fail.”

      These are powerful forces.

      Right and wrong don’t just take a back seat. They’re not even allowed on the bus.

      One thing that’s absolutely certain …

      Only our loud, educated, unceasing INDIVIDUAL voices can change anything … making responsible people responsible.

      Your story as you’ve posted it here needs to be part of an ” emergency injunction” petitioning a court to stop foreclosure and eviction … or any number of other filings you can structure to assert your rights …

      … ALONG WITH making your case known to politicians and governmental agencies, demanding that they act on your behalf, which is their job.

      Learn the law and learn the system … then ACT on what you’ve learned.

      That’s where we find ourselves.

    • deleon March 6, 2011, 3:35 pm

      hi they did me the same way.was in my house way before forclosure date, took everything.said house was abandoned.i never got any package fed xed to me to sign.kept putting me off.my class action is gomg to be after the fact.the sheriff never came for eviction.realtor hired lock smith in nov 0f nine and sale date was not till jan 10 2010.ergo BOA home office is in the caroLinas has conflict of intrest for laws suit with all attorneys i have talked to (don lol) SO IF ANY ONE HAS ANY NEW INFO CALL ME 704-674-7279 NC NUMBER

    • Tina April 3, 2011, 6:43 am

      I read your story and its just unreal whats going on I knew nothing like this I bought ny mothers home 6 yrs ago when she died bought my siblings out dont know how but I did that was when loans were easier well I put my son and his soon to be new wife and new baby in it never missed a payment in 6 yrs so thats 2 homes in my name now mide this house is thee house we all grew up in orginal owners 56 yrs so i wasnt letting it go I get these calls in past sept 2110 from Home salutions about lower interst rate remodifie I say not interested keeps calling wks so now the rate is at 4% and my sons work is slow wife not working mortgage is at 1700 why not he says you pay me 995 3 months now listen Ihave a credit score of 847 excellent never late on anthing he says no you dont pay mort payment we take care of them talk to themyour pre approved IM already leary I ckeck outn the company its a remodifaction so I had my gut feeling but I faxed all the papaer work then it went to the next co MAREK IND a lawyer frim of sorts now they got it now my reason is hardship for my son looking to lower intestt rate lower payment, right? now this woman has my papers she is dealing with BOA now I get a letter from BOA in default I say IM in process iof ing a remod with a company called soso they say yes we know them Ill majke a note next cert letter about forclourees I thinking you got to be kidding me I m calling Marak she said it was declined for the modifi now its in another but she says IM telling teklling them you and your husband live there???WHAT well who lives in my house? so its been since sept no payments been made BAC saying its with underwriter I thunk this lady fudge numbers etc and Im not about to loose this home my parents had for 50 yrs I mean I dont know what takes so long I guess I could blow the gasket on this woman if she fudgeing somethung Im lost my son has 2 babies and a wife what do we do throw them on the street? sombidy needs to do something it was ok for US to bail out the BANKS but they cant help[ us this country is going to shit, putting you out and millions of others , I hope you find work and God Bless to you and yours

  • Joan February 21, 2011, 8:40 am

    Bank of American should be shut down. They are heartless and unco-operative in trying to help people save their homes. I have been going through hell with them since 2009. They told me I did not qualify after 1 year of paperwork and telling me I was approved. I was scamed by an attorney specializing in Loan Modifications and BOA could care less. I am a senior citizen with cancer trying to save my house and B
    OA tells me there is nothing they can do for me. I am willing to pay but I need lower monthly payments. What I owe on this house they will never get when they take my home, but yet they rather put me in the street and have this home sit for 3 – 5 years with no payment of any kind. Why would you rather foreclose and receive no money then to help a person willing to fulfill their obligation by lowering their payment? I believe they are getting some kind of kick back or something on all the houses they forclose on. How disgusting!!!!!!

    • Tina April 3, 2011, 6:49 am

      I feel bad I hope to hell this dont happen to me with the our house my son is in I even heard they wont take back oayments if you have them to catch up they say we dont want it now get out .what goes around comes around and they will get theirs!!!

  • Tony Z February 21, 2011, 10:31 am

    Here is an interesting excerpt from Robert Scheer’s book “The Great American Stickup”

    Chapter Seven: Poverty Pimps

    http://www.truthdig.com/arts_culture/item/how_the_democrats_killed_roosevelts_dream_of_the_affordable_home_20110217/

    It’s funny how supporters of the conservatives and the progressives cast blame on each others parties for the housing bubble when it goes deeper then either party. My final conclusion after originally being one of those who solely blamed the republicans is that both parties were responsible and neither party will hold the banks, Fannie and Freddie, the US Treasury or the Federal Reserve accountable. Sadly, neither will they help the homeowners of America. It’s all about $$$$, power, greed and campaign money.

    • Tina April 3, 2011, 6:53 am

      and may I add THEIR ALL CROCKIED spelled wrong but u no !! their evil doers lol

  • ShawnnVA February 21, 2011, 7:33 pm

    Robin,
    I was reading you post and HONESTLY I thought for a minute , I somehow hit the wrong page , and was reading my OWN post I put on here a while back. Your situation, the dates, the notarized paper , and the BS. IS EXACTLY the same thing I went through. I am sorry for you situation. I know this dosent make you feel better ,but it goes to show how similar everyone’s story is. I haven’t had much luck with any attorney’s but one day I feel it in my heart, BofA will pay for all the wrong doing that is happening. We the people are going to have to show them. I have contacted the OCC, the Attorney General, State and Federal officials and once BofA responds and tells them everything as legal … its a done deal( at least in my situation) . I specifically told one lady at the attorney general’s office,”You don’t want MY documents and proof. If BofA was trust worthy , I wouldn’t be reporting them for fraudulent predatory activity. ” She said no I don’t need your documents. I have told anyone that would listen and anyone that has any kind of authority. Nothing , Nadda. Good luck !!!

  • Lauren February 21, 2011, 9:40 pm

    I’m not sure if I’m writing from the trenches, or from a horrible rollercoaster nightmare………That being said please pay attention if you truly want to keep your home. I don’t have all the answers but after 21 months, fighting B of A, I am wiser.

    So here is where we are at today.After 21 months and hundreds of documents submitted for MHA/ HAMP, we have NOT been denied and we have also NOT been offered a modification. B of A stopped communication, when their underwritter sent me incriminating emails, that he thought were staying in house. Immediately we dissapeared off the trustees website and auction signs appeared Sunday AM, near our property. We live rural so they can’t figure out where we are really at……yet.

    I emailed Nancie at GOOD GRIEF AMERICA. They are helping homeowners all over the US fight foreclosure. I joined GGA for a $125.00 donation and late last night they started a chain of title audit, that is free when you are a member. You can also not join and purchase the audit for $200.00.

    I linked up my attorney with Nancie and Mark and with their help, and resources, we are filing an injunction to stop the foreclosure. I will keep you posted as the process continues.

    It felt so good when Nancie and Mark leaped into action to help. I can not say enough good about them and their organization, fighting to save homes from the banking theives.

    You can find them at: goodgriefamerica.ning.com
    or call them at: Phone (541) 690-8334

    They are based in Oregon but they are working with folks in other states.

    My attorney told me to have them do the audit, because he said they were very reasonable and he couldn’t even start the process, for what they charge.

    Lauren

  • rob nichols February 22, 2011, 9:57 am

    this is the third time…….how do i join
    i am in california and keep getting the hurry up and wait….wait….wait….from b of a
    have tried to use various counseling agencies and lately out of desperation ended up paying $1500.00 to find out they are from one of the many investment agencies who only have thier own interests at heart
    i would like to explain further…….but fear it would be too long and drawn out…..its been about a years worth of waiting
    p l e a s e help

    • Don S. - Pennsylvania February 23, 2011, 12:27 am

      Rob …

      I’m a little confused. Third time for what? Asking about how to join a class action?

      I’d like to be delicate here, asking some questions, but that’s hard to do over a computer.

      Do you know what this web site is? Are you aware that this thread was started over reporting a Hagens Berman lawsuit? (Two actually, one in Washington State and the other in California) Have you contacted Hagens Berman? Do you qualify?

      Who is it that you think will help you? You mention waiting and waiting, are you waiting for the bank to “service” you the way you want? Are you waiting for a modification?

      I hate to drag this out, but how do you think a class action lawsuit will help you get your modification? Is there something else you want out of a suit? Will a class action lawsuit make the bank do its job? What do you think the banks’ jobs are?

      Exactly who to you expect to answer your “p l e a s e help” plea?

      Lastly … have you read through this forum?

      Unfortunately, you seem to be asking for something that doesn’t exist.

      If you’d like to join the Hagens Berman suit, contact the law firm and see if you qualify. It’s not that difficult.

      But there is no one on this forum that can do it for you.

      In fact, there’s very little anyone on this forum can do for you. Most of what we … as homeowners like yourself … have been pointing out, is the fact that you, yourself, have to take action to save your home.

      In other words, the “help” is here, but you have to act on it.

      I hope you can answer some of my confusion. I hope you can clarify exactly what you expect.

      What is it about all this that you don’t understand?

      Happy to hear from you. You can even contact me off-forum if you like … donsweet@verizon.net.

    • Isabel S - Florida February 23, 2011, 9:39 am

      Hello Rob. hate to be the bearer of bad news but there is NO class action lawsuit to sign up for on this blog. We are all here for the sole purpose of providing each other information and moral support. There is however a class action lawsuit by John Wright that you can find on piggybankblog.com if you decided to go the class action route. I have filed an individual lawsuit and you can also find my complaint filed in federal court on that website as well. By now we all know that there is NO loan modification with Bank of America. It is all a scam. The only way they “might” give you a loan mod 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. 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. 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. BofA makes a lot more money just foreclosing on our homes. 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. I had no other choice, they were laughing in my face! I really hope that you are one of the lucky ones but if you are not, fight back. Best of luck to you.

  • M. Riley February 22, 2011, 3:21 pm

    How do I join this class action claim. I had never been late on my mortg until it was sold off to BOA. They (per their request) set up escrow for me and did not inform me they included a small balance on past year taxes that I was and continued to pay on. Where did that money go? I can get no answers. Then I applied for a Home Refi or remodification loan. They took all my info over the phone and, instead, placed me in the “making homes affordable” program which is very harmful to one’s credit. I, after many phone calls and aggrivation finally, I think, hope, got that cleared up with them. About a month later received a deniel letter on MHA Program. Remarkable! We have always overpaid our Mortg. to lower our principal but have had to call to have them re-adjust seperate payments we are making to pay toward that past escrow mentioned above even though on memo section we put “toward 2009 escrow, then 2010 escrow. There is so much more to share. Bottom line: Wall Street should have been allowed to fail, they have learned NOTHING! The TARP money this institution has received is clearly not being used properly and it is clear front line and higher level personel have not been trained properly regarding a seamless process for clients. Also clear, they don’t want to do anything that isn’t going to make them “alot” of extra money. Today I’ve been on the phone three times to be told that their computers are down for an indefinate period of time and they cannot tell me where all the extra money I’ve been sending in has gone. A clear and complete failure to good people. My wife and I have been employed in the same field consistantly for about 25 yrs. We’re one of the lucky ones in this economy. This program and our Gov’t role in it are a complete and reckless failure!

  • Sandy February 22, 2011, 8:41 pm

    I have my horror story as well – however, for the sake of not repeating over and over what we have heard time and time again, this is my question – if class action, or hiring an attorney for a sole suit, or fighting non-stop and repeatedly on the phone with BAC, or even informing very important public officials whose job it is to protect us is not working, why in the hell have we not started to picket. If a very small group of individuals through the use of a web site as their call to action can bring down an entire government in Egypt – what in the hell is stopping us – the power lies with the people – there are no governmental or legal or otherwise officials who will or can stop this BAC jauggernaut. I propose organization within our ranks and the commencement of public picketing at key BAC locations carrying information of what BAC is doing. I know my sign will say BAC promotes homelessness – what will your sign say. I am up for this task – but I certainly do not have the technical savvy to do it alone – who is with me – we can do this – we can fight together – we can let America know what BAC is doing. NO one else will. I cannot say I agree or disagree with what transpired in Egypt, but I can say it is evidence there is power with the people – who will stand beside me and back one another up and help to coordinate and organize national pickets – the kind that get national attention and national media exposure. I was never before in my life a rebel in this way – that is not until I had to deal with BAC – I am now ready – who will help me and stand with me – power in numbers – let’s do it!

    • Isabel S - Florida February 23, 2011, 7:23 am

      I agree with you Sandy. The government needs to hear it from the victims. We are victims of crime and we need to let it be known. I also had an idea that I carried out months ago. I propose that we also go to Vistaprint and make magnetic signs for our cars in boycott of Bank of America. It should read: “Bank of America, destroying dreams one customer at a time”, or something to that effect. If we cannot protest with out pitchforks and torches, then we shall advertise Bank of America illegal practices everywhere we go, on our car!

      • Sandy February 23, 2011, 7:17 pm

        Isabel,

        I love your idea – what a good way to blemish BAC on a national daily basis. Who else will commit to putting one of these signs on their car. I commit. What can we do to get these distributed on a larger scale. I am so ready, I just need help. Who can help maybe to start a website – maybe wrongedbybankofamerica.com. Who has the skills to unite large groups of people into one common denominator. I have the passion, the desire, and even some capital, I am ready – I just need help. No one hates BAC more than me (at least that is what I think). I am ready to bring my talents to the table. I will print flyers for distribution or make picket signs or make phone calls or do any leg work. We can do this together if each one of us will bring our talents to the table – we all have the talent of passion on this subject. We have to stop complaining and start acting on a large scale – the kind of scale that gets attention and blemishes a reputation. There are thousands of examples throughout history of pissed off people who banded together to force change – we can do this. In the meantime, I will continue to read this blog and also the piggybank blog. I will do all I can to keep my house (I have not lost it yet) but I am very close, but, either way, whether I lose it or keep it, I am ready and willing to bring BAC down – who will step up, put their talents to good use, and get us all rolling together in the right direction – power in numbers – the people together, collectively can force change – I am afraid there are no other ways for change in this other than pickets, protests, and tarnishing/blemishing their reputation on a national daily basis through the power of a unified group. Who will help – I am ready. Contact me I am available and ready – I will do what I can – will you ? Or will we just continue to complain on a blog – that will not effect change – may give us some good ideas but will not effect change – we will effect change by banding together, using our talents, and getting out there. Maybe we should start by picking a location we think may be most damaging for our first picket/protest. If I can get commitments from individuals to be present and we can pick a time and a date and a location, I will make a picket sign for every individual – I promise – I am ready to bring them down. Let’s do it!!!

        Feel free to communicate with me as well:

        sandrassintex@yahoo.com

        Sandy

  • Don S. - Pennsylvania February 23, 2011, 12:41 am

    M. Riley and Sandy …

    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. It will soon be expanded by two more items, including recording telephone calls and filing for “Quiet Title,” both items are listed on previous pages.

    I would highly recommend you read back on this forum for information posted by myself and others that you may find helpful in your fight. Simply click on “Previous Comments” in light blue at the top or bottom of this column.

    M. Riley …

    The most critical adjustment I’d recommend to your thinking is that A) there is no class action lawsuit on this forum simply to sign up for and B) class action lawsuits have been discussed on this forum at length, and it was originally pointed out by a (very brave) attorney that they are rarely truly beneficial to plaintiffs. Corporations love class action suits. It’s like shooting fish in a barrel. It’s very cheap and easy for them to defeat many plaintiffs at once. Individual filings, petitions and suits are far more costly to the banks, and much more of a nuisance, gaining the individual bargaining power and attention to their case’s details, which are lost in class actions.

    Why would you want to make it easy and cheap for the banks to defend themselves?

  • Amy NC February 23, 2011, 12:46 pm

    I just received a call from the trustee’s office informing me that my hearing next week has been postponed…again. This is the fourth time it has been postponed. This makes me curious as to why they keep delaying. When ask, I was told the lender had requested it. She told me they just wanted to review all of their documents ect. to make sure everything was in order. As you know, they can’t be trusted and this makes me wonder what they are up to now.
    Meanwhile BOA calls everyday all day to ask “what is your intent with the property?” to which I did respond “What is your intent with the property?”. Now, I don’t even waste my time with them since it is a TOTAL and COMPLETE waste. I now tell them I do not give out my social security number over the phone. They always want to give me the number to call back but I inform them I will not give the number then either. They have no physical Mort. Dept. so I guess they will have to mail the information to the address they have on file. Your social is the ONLY verification they will use so it pretty much ends the call.

  • Dorothy February 23, 2011, 2:16 pm

    Bank of America is robbering the America people out of there home. Promise to do this and that but, is no help at all. Being waiting for modification since November 2009. Got letter 2-22-11 they denied me. Ever after losing my husband and 4,300.00 income. They are not out to help just hurting lives of the America people and families

  • Kathy February 23, 2011, 4:59 pm

    Seriously??? I just read through this whole page and think…. I could have authored most if not all of the “horror” stories. I for one am sick and tired of BOA and I for one am going to keep trying to do something about it. I plan on taking the earlier advice and going to piggybankblog.com as a starter (wait, that is after I go back a little on this site). I want to say I am all of you. I am fed up with the misery BOA keeps causing in my life. WE (my husband and I) just got a letter of denial today. BOA tells me…. send this in, send that in, send it in again, keep making payments, stop making payments, do it again and again… today though tops them all. I know you are frustrated maam, but if you send in a lump sum of $2,413.83 it will be enough to show you made payments for a 3 month period and you can start a new “modification” immediately once the payment posts. AND this time you won’t be denied because of lack of payments for length of time. I just want to puke! These people think we are all ignoramous’s and that as one we won’t be heard…. I have news for these jerks…. They have ticked me off to the point that I am ready to join forces with all of you. Together we stand … divided we will fall. Let them see that once again you cannot get away with bullying people. Didn’t they know this? Well, yeah, they know. But over time and the fact that they ARE getting away with it, shows them they CAN. Let’s ban together and put a stop to what essentially is purely criminal. Our systems should have done it already. Once our gov’t got involved with the bailouts, they should have assigned a team of many to babysit this program and hold the recipients of the monies responsible. All in a days work, just today, we have called the Kansas bar Assoc., the Kansas Attorney Generals office, a local attorney, and put in countless hours researching on the internet….hence finding this site. We are waiting for call backs etc., but I am not going to sit by the phone and do nothing. Feel free to contact me if you want or need my help or just need me to add to the numbers. I will be willing to do that. I feel for all of you, but if you don’t join together as one unit, you may never manage to help your situation. My e-mail is pengie67@sbcglobal.net I look forward to hearing from you.

  • Pat G February 23, 2011, 7:38 pm

    I like many others have been ripped by Bank of America. I started a modification program in Sept 2009. They sent me a modification agreement in Dec 2009, which I signed and returned. They sent me another one 3 days after I sent this off saying they could get it approved without the ARM. I was approved in March 2010. They said I would recieved my package in a few days and get it returned immediately. I called in June 2010 because I hadn’t got the package yet. They assured me it was approved and if not recieved by July 2010 call back. They said they were way behind. July 23, 2010 I called again and again was assured I had been approved and should have my package soon.. This week, Feb. 2010 I recieved a call saying I had been turned down. They said I may be forclosed on. What a bunch of lying bureaucrats. I explained I had the letter they had sent, and they said they sent it by mistake. I even explained the calls and they were also mistakes. Someone needs to pull their ticket for doing business. I lost my health because of the stress, was unable to return to work and put on permanent disability.

  • TN California February 24, 2011, 3:13 pm

    Sadly, my sale date is also set for March 3, 2011 .

    MY STORY:
    The initial process to modify the loan began during beginning of the economic crash in 2007 during the Countrywide/Bank of America transition where I was offered a non-fix solution to my faulty interest only 30 year balloon mortgage note the Countywide Financial’s Executive Offices. In an effort to cure my faulty loan I reached out to Mr. Kenneth Lewis, former Bank of America CEO and President, Kenneth Lewis. It was through Mr. Lewis’s office that I was once again offered another non-solution and was pressured and misinformed into signing another modification that was clearly not designed to fix the loan. I was advised by Mr. Lewis’s representatives that if I didn’t sign the agreement that I would not be considered for a “proper modification”. I was promised that I would be sent back up documentation that would reflect the terms discussed and it was to no surprise that within a couple of days after the sending in one payment and signing the documents that Bank of America announced that they were implementing a new modification program, “HAMP” through the NHRA program. It was to no surprise following that announcement that none of Mr. Lewis’s representatives would take or return my calls. I was however successful in getting through to one of Mr. Lewis’s representative and she advised me of the following:

    1. To call the Foreclosures Division to request a postponement of my sale date.
    2. Not to take “no” for an answer.
    3. That if I got resistance to ask to be transferred to a supervisor.
    4. To let that supervisor know that I pressured and mislead into signing documents.
    5. To “go to the press” if I got resistance.
    6. To let them know that I was put in a “fraudulent loan”.

    Per Mr. Kenneth Lewis’s representatives advice, my loan was re-opened for review. After submitting my application and financial documents, and religiously following up to request sale date postponement, I received a letter dated December 28, 2010 via USPS informing me that I was denied for HAMP due to “excessive forbearance”. I immediately called to follow up and discuss my options. It was late December 2011 that I was advised by the Home Retentions Division, “Not to be concerned because they had postponed my sale date and that my loan was still in the review process”. They advised me that they were considering me for an “in-house work-out plan” and to follow up by requesting a sale date postponement.

    On February 2, 2011, I received a call for a loan analyst requesting updated financials. He explained the process and he told me that I would get my modification after submitting updated financials. Hopeful, I gathered the documents that he was requesting. On February 5, 2011, I received a notice dated February 3, 2011 denying my modification for an “in-house work out” plan due to a payment I made in 2008 to Countrywide Financial.

    When called to refute the denial and explain my situation to my loan analyst’s supervisor, Mr. Nicholas Keiser, I was told the following; that my loan work out would have been simple but that per their guidelines that he could not do anything about the denial due to the one payment that I made in 2008 to Countrywide Financial.

    I questioned the reasoning for the denial since I had been offered another loan modification in 2010 through Mr. Lewis’s office, he referred me back to the executive offices provided their number (which was incorrect) and advised to call the modifications division to appeal HAMP denial.

    I followed his advise. I was told I could no longer appeal the HAMP decision because it had been 30 days. I told them had I know and had been informed that I had 30 days I might have take action within that time frame! The agent, who took my call told me that she would reinstate the review process by taking my financials again and submitting me for NHRP. She advised my to call back on the February 17, 2011 to request a postponement of my sale date.

    On the February 17 2011, I requested a sale date postponement. They submitted the request stating that I was probably not going to get the postponement because there was no time to get the application for NHRP in time reminded me of my fast approaching sale date of March 3, 2011.

    I made follow up calls to the bank 3 – 4 times a day to follow up on my request. Each representative told me something different, but all of them told me that loan was still being “reviewed” and that they were waiting on a response for the decision to postpone the sale date.

    In questioning what my options were in lieu of foreclosing was I offered never offered an alternative or option to short sale. It was the banks game to keep me hopeful until there was no more time to do anything but foreclose on the property. Does this sound familiar to anyone? “There is simply no time to short sale”.

    Today, February 23, I got my answer. Per the Home Retention Division, I was no longer being reviewed for NHRA because I do not qualify. When I asked them how they were able to arrive at the denial since I had not yet submitted documentation or an application, they simply said that because my loan had gone 31 months in arrears that they could no longer consider me for any modification programs. I gave the representative a recap of my situation. The Home Retentions representative gave me the Office of the President’s number. Surprisingly, I was able to get through to an Office of the President representative, Ms. Angela Kelly. I explained my situation to her and she that she would told me that should would re-assign a negotiator to me but that it would take 24-48 hours to do so. She further explained that although I could no longer appeal the HAMP denial that she would re-open my loan for review based on not being properly reviewed for MHA. She also explained that there is “no guarantee” in postponing my fast approaching sale date of March 3, 2011 and that it would take 30 days for the review process. Please tell me if I am crazy, but does this make sense to anyone else?

    I further explained to Ms. Kelly that I did not want to go into foreclosure if at all possible. That I just wanted to cure my loan and be able to stay in my home. I told her my worst case scenario would be to short sale my home and asked her advice about the short sale process. She stated that I no longer had that option since it was “too late to get an approval for a short sale”.

    I have been paying my mortgage since 2002 and never missed was ever late in making my payments. It was not until 2007 that I was put into fraudulent loan and during the crash of the economy that I was laid off from my job of 15 years in the residential architecture industry that I fell behind on my payments.

    In trying to mend my unfortunate set of circumstances I have not taken an aggressive approach in contacting the press, government officials and/or attorneys up until this point. However, I am armed with a clearer understanding of how Bank of America’s system works and how it is designed to leave distressed homeowners with no options other than to foreclose. It is has become so evident their true intentions to foreclose as to why I was pushed along, misinformed, and given false hope that the bank was on my side.

    It is my belief that Bank of America’s irresponsible practices and schemes cannot be exposed since most of the homeowners are financially distressed and will give up.

    While my foreclosure date is fast approaching and may lose my home, I will not stop fighting for my rights and I encourage everyone in the same position to do the same. Even if I am not able to save my home, I hope that my post may help someone else. There are resources out there available to you. DO NOT GIVE UP!

    • Don S. - Pennsylvania February 27, 2011, 10:43 am

      TN …

      The story above needs to be incorporated into an emergency injunction asking the court to halt the foreclosure so you can have time to gather additional information for additional filings.

      If you’d like an example of one of these filings, please email me at donsweet@verizon.net.

      And yes, contact your politicians, law enforcement and regulatory agencies immediately.

      Also, 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/

  • Craig Hafner February 24, 2011, 3:46 pm

    I got into the modification program with B of A via a now defunct modification company. Neither B of A or the mod. company told me or sent any paperwork telling me that they would have to add escrow to my monthly payment which raised it by hundreds of dollars per month, which I was being considered for the modification. This effected my credit and I made some very large extra payments to get escrow up to date to fix my credit. I only found this out after I started getting past due letters from BAC. I didn’t understand since I paid them via automatic payment each month. I waited for over a year to see if I would get modified, finally I decided to get out of the program, which I did, because I think it’s a scam and everyone in the modification department assured me my payments would go back to what they originally were. Then I started getting nasty letters again after I was out of the program and was told I would have to talk to escrow department (which apparently is on another planet and no one at BAC talks to them) the escrow department said escrow would never come off my payment because once it goes on it never comes off, now I’m worse off than before (much worse). My taxes and insurance were always paid on time. I think there is something criminal about this and would like to join a lawsuit against this evil corporation.

    • sandy February 25, 2011, 8:14 am

      As I have stated in my previous comments, we can continue to tell our stories and complain, or we can band together and begin protests on a national level. I have already put wheels in motion to accomplish this. The first step is to identify a key BAC location where we may get the most media attention and exposure and to begin organizing from there. Who will join the forces? Who has an idea of a key BAC location. I have the passion to do this, but I don’t have the savvy. I am ready and waiting though to do the work if others will join up and contribute their talents. We can do this – others have successfully done this throughout history to effect change. Please feel free to communicate with me as we begin to band together and organize. sandrassintex@yahoo.com

  • Linda Alexander February 25, 2011, 12:06 pm

    There is another lawsuit by the Texas Housing Justice League on behalf of approximately 15 homeowners. Google their website and find the complaint which is posted there. Reads like a nightmare. My daughter has experienced almost exactly what everyone is saying. Sent the paperwork (40-50 pages) three, four, five times – they never received it. Made the 3 months payments – wasn’t applied against her mortgage. She received 5 different modification payment amounts with the last one being more than her original mortgage payment! They even refered to her mortgage payment as a rent payment. I’m in Wisconsin – Bank of America isn’t allowed to do business here because of their practices. I don’t know how she has a mortgage with them. After almost 3 years she gave up and walked away. Anyone in Wisconsin interested in filing a lawsuit – she’s interested.

    • Isabel S - Florida February 27, 2011, 9:07 pm

      That is an interesting tidbit of information Linda. I was not aware that Bank of America cannot conduct business in Wisconsin. Gotta love that state for doing the right thing! Tried to look up more info about it in google but nothing came up. If you would happen to have more info about that, I would really appreciate it if you would email it to me at Isabel_1170@yahoo.com. Thanks!

  • Don S. - Pennsylvania February 26, 2011, 11:24 am

    Kathy and Sandy …

    I agree that we have to band together … in some form or fashion.

    So far, from everything I’ve seen in this forum, reading articles linked by other posters, and paying attention to the [often biased] news, the most effective method I’ve seen is pressure from individual homeowners on politicians, attorneys general and governmental agencies like the OCC (Office of the Comptroller of Currency).

    Citizens’ groups don’t get very far. Even organizations that plan and execute mass protests don’t get very far. In 2008 and 2009 there were groups tracking down the home addresses of the banks’ CEOs having demonstrations on their front lawns that included dumping furniture to illustrate what it’s like to be evicted. You can find these on YouTube.

    … but you won’t find them on the national news.

    Yes, you need bumper stickers and even billboards to raise awareness. There could even be more demonstrations. But frankly, the banks don’t react to that. They generally laugh and continue to confiscate homes, openly reporting quarterly profits.

    What they DO react to is the “authorities” responsible for overseeing their banking business say “Wait a minute. We have a complaint here.” They react to “filings” from a court such as a motion to compel them to produce the chain of transfer … proving who owns the mortgage note … which is a judge’s order from a court of law.

    These are the powers that make them sit up and take notice … and even “perform.”

    Bumper stickers and demonstrations are all too easily ignored.

    Law enforcement and courts knocking on their door is much harder to ignore.

    … not that bumper stickers shouldn’t be used. They just should be a little further down on the list of priorities.

    Tens of thousands of homeowners INDIVIDUALLY contacting Senators, Congresspeople and State Assembly people gets attention. Tens of thousands of INDIVIDUAL court filings (not “lawsuits”) gets their attention and even forces them to respond … with tens of thousands of expensive lawyers, cutting into their profit. Tens of thousands of INDIVIDUAL lawsuits … not class actions … makes them hire or send out thousands of those very expensive lawyers to defend their actions.

    Yes, band together … but maintain your INDIVIDUAL voice.

    It’s very, very easy for them to swat groups with one “legal fly swatter” than chasing around trying to squash individual flies.

    Make it hard and make it expensive … not easy and cheap. Raise awareness, but keep yourselves spread out so their “legal snipers” can’t pick you off and their “legal artillery” can’t wipe you out in clusters.

    Don’t give them an excuse to laugh at raving kooks. Force them to respond to legal process … an EXPENSIVE legal process. They understand money. That’s the business they’re in. If you learn the law, court process, regulatory process, then file against them yourself … cheaply … they HAVE to respond with expensive lawyers. If you make inexpensive phone calls and write inexpensive letters (not emails) to agencies and law enforcement, they HAVE to respond with expensive management and legal personnel.

    Make them PAY … not laugh. Make it HARD … not easy.

  • Val February 26, 2011, 10:29 pm

    Ok, I just want to do something about the way we’ve been treated. I’m reading all of the comments above and it mirrors everything I’ve been through. I was solicited for a modification October ’08 by Countrywide and my mortgage is still being held hostage. Something fishy is going on with BOA. I’ve done everything they’ve asked me to do for the past two years.
    Here’s the answer I got…they were busy! The fact that BOA executives didn’t have the capacity to deal with the influx of modifications IS NOT OUR PROBLEM! Hire more people! It wouldn’t take McDonalds two years to figure out that they need to hire more people to make Big Mac’s if that’s what people were ordering.
    I was told that I should be grateful because they paid my taxes for the past two years. WHY DID THEY PAY MY TAXES? They had the time to pay my taxes, but didn’t have the time to modify my mortage with the four times I sent in my financial information.
    What if I needed to get money out of my 401(k) and it took two years to get it? If BOA is allowed to hold my mortgage hostage for two years, what’s next? And it sounds like they have every right to take our modifications away from us. I was supposed to have a $960 mortgage that Countrywide solicited me for, however they got too busy…and that’s my problem. I’m sure the executives of the company are fat, dumb and happy in their multimillion dollar homes and their multimillion dollar bonuses and their multimillion dollar car collection. Thanks to my tax dollars.

  • Donna February 27, 2011, 7:39 pm

    I have been trying to get a modification since 11/09. My situation is exactly as a lot of the comments that are posted. I contacted a HUD approved counselor who offer services free and she has been wonderful in helping me make some headway in my situation. My house is currently set for foreclosure on 04/07/11 and I only hope that this whole mess will be resolved before that day arrives. Also, I contacted the President/CEO’s office and have been working with one person instead of the numerous people that I was dealing with. This person has assured me that he is confident that I will have a resolution within two weeks. Time will only tell. Good luck to everyone dealing with this mess. Hopefully things will change.

  • Tony Z February 27, 2011, 11:27 pm

    Beautiful! Absolutely Beautiful!

    At tonight’s Oscar awards show, the winner of a documentary film, Charles Ferguson (co-producer) for the documentary “Inside Job” about the massive theft on Wall Street , said this before giving his thank you speech:

    “Forgive me, I must start by pointing out that three years after our horrific financial crisis caused by financial fraud, not a single financial executive has gone to jail, and that’s wrong,”

    Bravo to Charles Ferguson!!!!!

    • amy NC February 28, 2011, 9:56 am

      That is awesome! I just watched the trailer of his movie. I can’t wait to see it.

    • Don S. - Pennsylvania February 28, 2011, 10:05 pm

      Now that it’s national news and crosses every social and cultural group … now spoken openly in a public forum … the Oscars …

      Are we beginning to understand that we are dealing with a criminal system?

      Are we starting to get a glimpse of how deep and far this goes?

      Are we beginning to understand that these criminal activities cross over the worlds of the corporate, the political, law enforcement, the courts and even academia?

      This is literally millions of people profiting from the loss and misery of millions of other people. Thousands on Wall Street profit from this. Thousands of courts pocket fees from this. Thousands of County Sheriffs collect auction and service fees (there are 3,143 counties in the U.S.). Tens of thousands of bank employees commute home smiling with fat paychecks and bonuses from this. And yes, even your next door neighbor with a 401K is smiling at the profits from their investments from all this.

      What is “this”?

      Your confiscated home.

      What this film points out is the fact that it’s not just banks … as bad as the banks are … it’s the entire system cashing in … on your loss and misery.

      You are literally at war with your neighbors … not “sort-of,” not “maybe,” not figuratively or metaphorically … but literally at war with your neighbors.

      Your neighbors ARE the bank employees, the county clerks, stockholders in these corporations, employees in government offices and the Deputy Sheriffs.

      Yes, “trickle down” works … for them.

      As much as this film shows politicians, bureaucrats and Wall Street executives as evil villains, they couldn’t have done it without help. They couldn’t have done it without corrupting millions of others. It couldn’t have been done if it wasn’t acceptable BY those millions.

      They’ve tried to make YOU look like a villain by pointing a finger telling you that you can’t afford your home … when THEY made it unaffordable.

      This is also about ignorance … your (and my) ignorance … simply “not knowing” that it was going on.

      Time for that to end.

      Educate yourself …

      … then act.

      Call them into account. Be totally intolerant … yes, intolerant … of continuing to be victimized. Learn the law, court procedures, and file against the banks, calling every politician, law enforcement official, bureaucrat and court officer into account for their actions … or inactions. Do not let them rest and assert your rights at every opportunity … and never shut up.

      Not knowing what was going on, not knowing what to do and not knowing who to turn to got us here.

      KNOWING … learning and acting on that knowledge … is how we get out of it.

      “There are no heroes” is not entirely correct.

      WE are OUR OWN heroes … and have to save ourselves.

      • Don S. - Pennsylvania February 28, 2011, 10:13 pm

        Two interviews of Charles Ferguson worth your time …

        youtube.com/watch?v=0ZafoyyqJ7I
        (A bit dry and slow, but gets the point across)

        I’m not a huge fan of Charlie Rose, but Ferguson lays his cards on the table …

        youtube.com/watch?v=vS0hj4kiqsA

  • Betty S February 28, 2011, 10:02 am

    BAC recently purchased my loan and I have had trouble ever since. When I tried to go online to make my first payment I was not able to setup an account as they had not entered my data into their system. They offered to take my payment over the phone for a fee as they could not seup my data in the system until after my payment was due, and it was to late to mail a check. Now a fee of 150 has been added to my account and no one can seem to give me a straight answer as to why. First they told me it was an appraisal fee from previous lender done in 2009 (BAC nought loan in Oct of 2010) an apprisal I did not request, now they are saying it is a return check fee charge from 2009 and yes they did get a return check becasue they took out my mortgage twice. Then they took part of my mortgage payment and put it towards this bogus fee and in turn made my mortgage payment short and sent me a forclosure notice for $19.00. This is crazy!!!!!

  • MICHAEL CHURCH February 28, 2011, 10:11 am

    WHAT A JOKE——BOA—-IVE SENT MY INFO 3 TIMES.JUST TALKED TO BOA TODAY.THEY LOST ALL MY INFO.SO NOW THEY SAY I CAN REDO MY MODIFICATION.I WOULD NOT PUT MY WIFE OR MYSELF THREW THIS BULLSHIT EVER AGIAN.THE WORKERS AT BOA HAVE BEEN THE WORST PEOPLE TO WORK WITH.YOU CAN NEVER TALK TO THE SAME PERSON WHEN YOU CALL BACK—–WHATS UP WITH THAT..NO BODY DOES THERE JOB..I CAN SEE WHY PEOPLE GO OFF THE DEEP END..THANKS…MICHAEL 810-610-7378 CALL ME

  • Dawn garzia February 28, 2011, 9:25 pm

    I have made several attempts to save my ho
    E with BOA and worked along with a counselor from ” making home affordable and to date have not received any assistance. I was approved for the program and all I received was a letter for a mediation. It is virtually impossible to get assistance from them for help. I have since gotten a job that I could keep my home and nowi just received another letter from them. They are also sending my information to my sister who has nothing to do with my home in any way, they are violating my privacy by giving out my personal information to her. How dare they I want to know what can be done with them for such a violation of privacy. Please help me if you can.

    Sincerely,
    Dawn E Garzia
    Degarzia@yahoo.com

    • Don S. - Pennsylvania March 1, 2011, 2:18 am

      Dawn …

      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 I’d highly recommend reading through the previous comments on this forum.

  • Michael February 28, 2011, 11:03 pm

    I started my my home loan modification in January of 2009. I had stopped making payments to Bof A due to the fact that M and I was trying to forclose on our home. m and I stated that they still had the original title and that I had 30 days to get out. I make my payment to B of A ever since they sold my Countrywide loan. They did not care. i spent over 15k on a lawyer to fight M and I. That is a whole other story. I called B of A and told them what was happening. They did not care either. i signed a contract stating i would pay them 340,000.00 and that was all there was to it. So as i said i started the home loan modification in January of 2009. My first refusal was in March of 2009. It stated that i made 23k a month. I said to the representative in Afganistan that if I made 23k a month i would not need a home loan, or any loan for that matter. I then applied for the second time. After 3 months we got the famous fed ex package. “Your home loan modification has been denied due to lack of information.” So after multiple calls over the next 3 days I resubmitted all of my documents. This time I sent them priority mail with signature required. “Ah ha” I thought. Well that is what I get for thinking. One month later I had a sale date on my house that was two weeks away. So I made the famous 4 hour call to BofA in Iraq. ” yes i am in the process of a home loan modification and there is a sale date of august 3rd.” i said. “Yes is the residence occupied? ” I somewhat understood coming from the other end of the line. “YES MY HOME IN WHICH YOU CALL THE RESIDENCE IS OCCUPIED BY MY WIFE, MY SPECIAL NEEDS DAUGHTER, MY 6 DOGS, AND SOME GOLD FISH.” I replied. “we wheel pit in fer a postpunmant of de seal bit it is not a garintee” is what I heard. So a month later I get the big fed ex envelope. Denied due to lack of documents. I have a copy of the signed reciept that they got it. I had to fax it in to prove to them they got my documents. It didn’t matter, I had to resend everything. 3 months later, a phone call. You are missing x y and z. Well that is funny because they are in the 3 copies I have for my own records. i must have just left them out because i like dealing with you guys so much. So I sent x, y and z, I mean I was already pulling up my pants from the screwing i was getting so i thought I need to zip my zipper. 4 months later I get a phone call. ” hello may I please speak with michael?” “This is michael” I answer. ” um yes i need to inform you that this call is monitered and recorded unless you need us to find it to prove you right and us wrong” . “ok” i say. ” Yes, i was wondering when you were planning on making a payment on your mortgage?” she says politely. ” Well i am under review for a home loan modification at the current time and they said i could not make any payments” I reply. ” Ummmmm I don’t see that you are under any review.” she again politely said. ” Holy crap, can you hang on? I gotta go bash my head in with a 2×4.” were my EXACT WORDS! I just hung up. A month later another sale date to postpone. This happened for the next 5-6 months. Then the day we bring our daughter home from getting her skull removed and reshaped in a 7 hour surgery and a 5 day stay at the hospital we see the great fed ex envelope tucked neatly into the security door. Maybe its good news….. Maybe not. Denied insufficient documentation. ” how about i just send you my whole fax machine through your window?” I gesture to myself but do not say aloud. So let me get this straight. You cant figure out how to organize your mail but the government is going to trust you with Billions of dollars?” So i resubmit my loan modification. 2 months later Denied to lack of income. My wife is working and I am working so I know we have an income….. Resubmit….2 months later denied …. too much income. “You have the wrong gross between us both you are using my total gross sales and not subtracting what i spend on materials.” i tell the nice lady on the other end. ” yes that is what we have to do,” she says. ” ohhh ok, well then if I sell my house right now for 400,000.00 I can keep it all or do I owe you something?” this time she hung up on me. So I resubmit. They had the wrong income which magically made my payment equal 30.31% of my gross. This time I sent in an appeal. Denied Febuary 9th, 2011. Called today they told me that it was denied. I have a sale date of March 3 2011. They said they would be sending me a denial letter. I told them they need to postpone the sale date. They said they could not postpone the sale date because I have not recieved my denial letter yet that they had not sent yet so they could not postpone yet???? So what do you have as the reason for my denial.” Too much income, your payment equals 30.31% of your income and it has to be 31% or higher.” she says. “what do you have as my income?” I ask. “7,410.10 combined between you and your wife.” she answers. ” and how much is my monthly payment?” I am laughing at this time. “2624 a month” she says. Well where i am from, and it might be just where i am from but i am pretty sure it is everyfrickinwhere 2624 is right around 35% of 7410.10. If you sell my house on march 3rd 2011 there are going to be big problems.’ is where i left it.

    • Don S. - Pennsylvania March 1, 2011, 2:17 am

      Michael …

      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 I’d highly recommend reading through the previous comments on this forum.

  • Jewell Alcott February 28, 2011, 11:14 pm

    Any class action lawsuits in the state of Colorado? My story is the same as all the rest, just can’t find out who to contact in Colorado. The District Attorney’s office has helped, but I want to nail them for everything they have done to me!

    • Don S. - Pennsylvania March 1, 2011, 2:16 am

      Jewell …

      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 I’d highly recommend reading through the previous comments on this forum.

    • J.P. Cordova March 7, 2011, 10:38 pm

      Jewell,

      If you hear of any process in Colorado please contact me. Which District Attny. helped you and what did they do? I live in Mesa County, and my story is the same as everyone elses on this post.—JP

  • Tony Z March 2, 2011, 10:58 am

    Update: Not sure how to take this news but I just received a call from a Fannie Mae representative this morning. I had talked to them twice in the last 6 months over this perpetual torturous ordeal with Bank of Anti- America, wasn’t really encouraged with those calls to Fannie, but I left them an ear full.

    Anyway as of now, Fannie Mae (Financier) is going to take over our case from Bank Of America (servicer) and will work on our MHA. He didn’t say a lot but said as of now our application is being looked at by Fannie Mae’s home servicing center and we should hear something from them within 30 days.

    The Fannie representative mentioned the letter I had written months ago to President Obama. So again, not sure where this is headed, if it will end in an actual permanent modification or if Fannie is going to take us down with them? I will let everyone know how things turn out. I’m praying it won’t be like dealing with Bank of Anti-America.

    On the other thread a couple of months ago I posted a congressional hearing on the mortgage crisis from CSPAN, one of the big wigs from Fannie was one of the panelists and he proclaimed that if BOA wouldn’t modify loans than Fannie would. Let’s hope so!

  • Don S. - Pennsylvania March 2, 2011, 11:14 am

    There’s a lot of complicated, technical financial talk in this, but it’s still worth watching …

    http://www.msnbc.msn.com/id/21134540/vp/41836494#41836494

    The only “problem” I have is the interviewee, Phil Angelides, downplays “hangman justice” (or vengeance), meaning we can’t be too aggressive going after these criminals.

    No?

  • sandy March 2, 2011, 8:58 pm

    Tony Z can you help me with how you figured out how to contact fannie mae – this is one of very few avenues I have not been down yet – seems you are getting a difference response from them. Time of course will tell but if you could help with how to contact them, I know many would appreciate that. I still stand by my prior postings that protesting and picketing on a large scale are sure to be noticed with the right media notification. Thus far, we are not at record speed on this, but I do have approximately five who have responded to participate and help organize, as well as possibly a location at BAC headquarters in North Carolina – any comments, participation, help organizing, or talents anyone can bring forth are appreciated. I just most recently was not only screwed again BIG TIME by BAC who sent inspectors to my home and deemed it vacant so they could trigger another inspection and charge me for both (it being vacant was the most flagrant of lies I can imagine). There are two dogs in the back yard. He said the water was off. I asked, did he turn the water on, she answered yes – lies, lies, lies. I found out about this information only a few short moments after I found out that, A court ordered mediation between myself and BAC, was cancelled. BAC refused to do the mediation. Problem was that I had to prepay the mediator my portion of the fee $1050. Seems the mediator is the devil as well. He cashed my over one thousand dollar check and sent me a refund for only a small portion of it (550). These two bits of news coming within minutes of each other were a very tough blow for me. I am certain BAC NEVER sent the mediator their thousand – they never intended to go to mediation – they simply told the judge they would to placate him. They are not even following court orders. Anyway, imagine fighting BAC (we expect that) and then also being screwed by the mediator (who you are expecting to help you) and never even getting mediation. Ouch, I am really hurting over these bits of news and having a tough time bouncing back to keep fighting – but watch me – I will. Feel free to contact me sandrassintex@yahoo.com
    sandy

  • Olga March 3, 2011, 4:52 pm

    OMG!! i read some of the comments and am shocked and scared!! I read Robin’s story and it was as though i was telling mine- step by step! The last conversation i had with BofA back in December i was told my Loan Modification was approved and advised to go ahead and begin making payments on February 1, 2011. I would also be receiving a letter from them stating my ‘approval’ status for the Loan Modification.. I just made my second payment and have yet to receive the ‘approval’ letter from BofA.. What do i do, i’m panicking now!! I can’t afford a lawyer but am scared shitless that my home will be sold from under me as it happened to many others. It really pisses me off that my family is struggling to get by in this messed up economy and these big cooperations are just getting richer!!

  • Tony Z March 3, 2011, 8:40 pm

    Sandy, I called the number from their web site which is 1-800-732-6643. Both times I called I briefly talked to a rep who forwarded me to the home services center, where I had to leave a brief message and my phone number. Both times it took up to two weeks to get a response.

    I would call them at the above number but I would also write a letter to them and mail it to their corporate headquarters address:

    Fannie Mae
    3900 Wisconsin Avenue, N.W.
    Washington, D.C. 20016
    Attn: Home Servicing Center

    I myself am not holding my breath as the Fannie Mae representative who called never left a contact number and said we would get a response from them within thirty days. I’ve heard that before from Bank Of Anti-America.

    The only positive I got from this is that we no longer have to deal with Bank Of Anti-America in regards to the MHA application but still have to deal with them on bogus late fees and other things that have happened since the nightmare began.

    Good luck Sandy! Make sure you detail all of the horrors you have experienced with Bank Of America. The lies, deception, lost paperwork, dropped phone calls, etc, etc.

  • CJ from California March 3, 2011, 10:33 pm

    I am so interested in a class action against BofA…. Something needs to get Done !!
    *November, 2007 I was laid off from my 14 year job .. Only income I had at the time was Unemployment Compensation from the State of California. Still able to keep up with mortgage payment at the time using most of my saving to make ends meet.
    *March, 2008 Death of my son having to deal with my lost and the unexpected expense of his funeral, having to use some of my savings and pulling my 401K.
    *August, 2009 got a FT job. But B of A just seem to not be enough so on December 2009 got a PT job. worked 2 jobs 80+ hours per week was really hard, I was killing myself. I’m a single hard working mom. At this time was still trying to work to get a resolution on the modification, but with no luck.
    I have done everything that i been told to do from BofA faxfaxfaxfax … over 8+ times paying over $100+ each time i was faxing over documents …

    Below is a list of dates and resources I have requested help from and with still NO resolution. Not sure who to turn to anymore, I have lost trust, faith and overall it has effected me as a person, and also put an impacted on my kids as they have to deal with my stress along this process.

    *February, 2009 (1st Negotiator @ Bank Of America) Was promised from her for over 4 months she told me paper work was on FedEx on the way never did I get.

    *June 2009 (2nd Negotiator @ Bank Of America) Again over and over I was told that soon will have modification done. I faxed all required documents as per his request. But still no solution.

    July 2009 (3erd Negotiator @ Bank Of America Again faxed over all required document same over and over.

    *August 2009 I called ( Clearpoint Financial Solutions) Requested by BofA required foreclosure prevention counseling certificate.

    *October,2009 I applied for NACA (Saving the American Dream)
    Home Save Program is nationally recognized as the most effective solution for homeowners with an unaffordable mortgage providing such solutions nationwide as the largest such organization. The NACA solution is to restructure the existing mortgage by permanently reducing the interest rate to achieve an affordable mortgage payment. Sent all required document and they were to find a modification and negotiate with Bank Of America.(NO SOULUTION)

    *August 5, 2010 I sent a Complaint letter to The Office of the Comptroller of the Currency (OCC) charters, regulates, and supervises all national banks. It also supervises the Federal branches and agencies of foreign banks. Headquartered in Washington, DC.

    *September, 2010 call from (CEO Office of President/CEO of Bank Of America) Call after call faxed again all required documents and was told that I was to get call back. As I called numerous of times and left messages with no call back as of today. (NO SOULUTION)

    *August 17,2010 i called ( 888-995-Hope) Homeowner Consulting Foreclose Program (NO SOULUTION)

    *September 2010 I applied for (Making Home Affordable Program) as she contract Bank Of America was told that was in process of modification, filled out all paper work and faxed over again what was being requested also as in contract with BofA with no response back on status of modification.

    *November 2010 ( Office of CEO with Bank Of America) in contact with BofA requested all document required to be faxed then I called back for status of modification. NO CALL BACK
    Spoke to a numerous of people at Bank of America just seem to always get different response back or just diffident seem to know what was going on.

    *December 2010 (BofA) called me to tell me that modification was still in review and nothing was needed from me at the time that everything was in order just waiting on approval.

    *January,2011 call from (Bank Of America Modification Dept) All document are in order nothing is needed Modification pending still will call me back… NO CALL BACK

    *March 1, 2011 got call from (BofA Modification Dept.) Requesting updated documents. Last 2 yr tax 2009-2010, Jan/Feb 2011 Bank Statements,Paystubs, Amended Hardship Letter signed and dated, utility bill, Income analyze….
    So here I am AGAIN NOT KNOWING !!!! I’m going through so much stress,depression and have headaches day after day, not sleeping and eating well taking Advil PM almost every night just to be able to get that rest that i need…… WHAT MORE DO I HAVE TO DO !!!! I JUST DONT THINK I CAN HANDLE ANY MORE STRESS FROM THIS BUT I KNOW I NEED TO BE STRONG FOR MY TWO DAUGHTERS I STILL HAVE AND THEY DEPEND ON ME ….

    • Don S. - Pennsylvania March 3, 2011, 11:44 pm

      CJ …

      Your story reflects so many of us … as do your emotions.

      Something can be done, but it has to be done by us, the homeowners. We have to learn and stand up for ourselves. There are no heroes.

      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 I’d highly recommend reading through the previous comments on this forum. Mostly, I’d reconsider putting too much energy into finding a class action and redirect that energy to filing yourself.

      Class action “suits” are not “filings” that make the bank do their jobs. Filing against them with your own “motion to compel” or other court petitions asks your local court to force them to produce documents or perform their statutory duty. Suits don’t.

      Learn how to fight. Thousands or even tens of thousands of individual voices hurt the banks. One voice under one lawsuit is easily silenced.

  • Don S. - Pennsylvania March 3, 2011, 11:35 pm
  • Shaunta March 4, 2011, 8:29 pm

    OMG – I am going through the same thing with them. I notified them in July of last year that my husband and I inherited two little boys due to a death, both boys are special needs and my husband had to take a 30% cut in pay due to a lay off just week’s within us getting the children. I fell behind on my mortgage and contacted them for a modification. I completed all of the paperwork they required and have been jerked around ever since, It is March and I completed my paperwork in July of 2010 and was told it would take 45-60 days to resolve. I am being told the same thing , that it is with the underwriter. About a week ago I lost it on them, when for the 4th time they requested additional information sighting that my paperwork was outdated….duh,, if you wait 8 months to review it of course. I told them NO I have a full time job and am now the mother of two, I have no desire to take on a second full time job doing their jobs too. Please tell me how to fight back and/or join the lawsuit I am sick to death of what they are doing to people!

  • Cynthia Dunlevy March 6, 2011, 8:55 am

    Who is going after Bank of America for making up #’s and entering them in our accounts? Who is going after them for taking our payments and mishandling, misapplying and misappropriating them, i.e. posting additional principal payments toward future–not due and not owed escrow payments and future and not due payments? Who is going after Bank of America for sending stellar consumers “Notice to Accelerate Loan”l–a notice that contains figures that have no basis in reality? Who is going after Bank of America for not addressing their internal inept and incompetent practices? All of these extremely troubling practices have been brought to the attention of the Comprtroller of the Currency (OCC–and is supposed to be the ONLY federal organization that we consumers can turn to when banks have very troubling practices), the Chair of the Housing, Banking, etc., senate committee, the Dept. of the US Treasury (as the Dept of the Treasury and the US senate oversee the OCC) and to the President of the US (who also oversees the OCC) and yet NOTHING has been done–absolutely nothing. In fact, the OCC will tell you that they are funded by the banks and the banks can electronically log into their system–but we the taxpayers (who have bailed out the banks; hence, they are using our tax payers dollars to fund the OCC) are not permitted to log into the OCC system and must file a freedom of information request. How did our system get so broken and why is every branch of government turning a blind eye and deaf ear to this? Perhaps the IRS should get involved as these banks must file a yearly statement with the IRS and, in our case, these statements appears to contain false and inaccurate information. We need some Elliott Ness’s on the trail and for the other gov’t entities to get up off their duffs and do something!!!!!

  • Lee Storz March 6, 2011, 11:04 am

    I went through several of the same things mentioned above. I started the Home Retention Program for a loan modification in March of 2010. BofA kept misplacing our paperwork. We ended up sending in 3 sets of documents over a period of 6 months. We were specifically told that to be a part of this program, we had to keep making our house payments and not to miss any or not to be late. We did this by doing extra odd jobs, borrowing from friend and family to keep on track for the modification. In the end (1 year later), we were turned down because we didn’t miss any payments after they told us we would be disqualified from the program if we did. BofA is a joke. I hate this company. They are why this country is in the mess it is. Can someone help us?

  • DELEON March 6, 2011, 3:47 pm

    WELL HELLO PEOPLE,BOA ASSETS HAVE TRIPPLED SINCE THIS STARTED.IF ANY ONE HAS ANY INFORMATON ABOUT A NATIONAL BOA CLASS ACTION LAWSUIT EITHER GOING THROUGH.. OR HAVE GONE THROUGHT A FOR CLOSURE …..PLEASE CONTACT ME 704-674-7279. ALSO HAVE FACE BOOK PLACE UNDER PONCE HAWKINS TO RASIE MONEY FOR LAWSUIT…(NOT MANY HITS LOL) OH DON SWEET SORRY FOR THE HORRIBLE GRAMAR.I LIVE IN CHARLOTTE WHERE HOME OFFICE IS AT. HAVE MANY FRIENDS WITH BOA ALL WORK FOR HOMES MODS ARE OUT SOURCED TO THIRD PARTY REPS.

  • Yolanda March 6, 2011, 9:50 pm

    Hi Everyone: For all of you who are in loan modifications through Bank Of America, please trust me when I say they will screw you as they did me and my family, I’m sorry to be the bearer of bad news, but recently for the first time in my life , I blogged. if you go back to
    Feb 05, 2011 I lost my home, I did everything I was suppose to, from fax, make monthly payments and just to have my home sold, and like all of you, I was told the same thing over and over, my loan was still pending and in review, I even spoke to managers and supervisors, each time I had to call back I had to repeat my story over and over, its like I didn’t exist. You would think they would’ve documented my previous call or something, but each phone call was the same thing over and over.
    I did obtain and attorney to help us fight back and we hope to God that all will work out, But please let me tell you one thing, as bad as it sounds, if you can get an attorney and file BK it will help you stay in your home, trust me, I know. Please don’t wait to be told again and again that your loan is in review and still pending. I too want to be part of that Law Suit against Bank Of America, I plan to do what I can, I have also emailed our congressmen and others who will probably read but if they do anything about what has happen I don’t know, the way I see and feel we are just little peanuts and we are not important enough to be heard. Do we vote, Yes we do that’s when we matter, but in all truth I don’t think we little people matter. Its not their home they are losing so why should it matter. Yes, we work hard and we try our best to do what is right. I’m sorry if I sound off like I’m sending mix signals but I don’t want anyone else to lose their home like we did, I am still in my home, I plan to fight it to the end and yes we got served eviction notice and I was scared to death, but its okay because in the end with gods will we will prevail. So Please, please trust me, file BK, don’t wait to lose your home, sleep more at ease instead of losing sleep, they will guide you and help you, just get the right attorney to help you, I know there is a referral attorney service, and they give you three names of attorneys who are credible.

    Don, I want to say Thank you, your information and your blog has been very helpful and it gave me the strength to want to fight back, each time I come to this blog and I read these people stories, I know I was not the only person going through this, I’m sure they feel the same now that they have read these blogs. Thank you once more
    May all of you continue to fight back

    Sincerely, Someone Who Cares
    Yolanda

    • Don S. - Pennsylvania March 7, 2011, 10:23 am

      Yolanda …

      No, thank YOU. Yours is the kind of story people need to hear. The banks get their power from fear … when people are intimidated out of their homes. Many hundreds of thousands of folks abandoned what they could have fought for out of fear. The banks feed off of it, literally, pocketing profit from it.

      Saying “no” is the first step. Despite your troubles and how far this has gone for you, you’ve chosen to take a stand. That’s the turning point we all need to reach.

      Whether we actually know what to do after we say no isn’t important, although it helps. It’s getting over the shame and standing up for yourself that’s the first critical step. This is not your fault. It is a plan that has been formed and executed with the precision of a military operation by people who want to own everything. They are not incompetent in the least, but deviously shrewd.

      Little people matter. In fact, there is no such thing as “little people” when we have the power to say “no” … and we have that power. The banks and the powers-that-be would love us to believe the crap they pump into us, but the truth of the matter is that they are very afraid of the power we really have.

      Learning about the law isn’t really all that hard. Asserting your rights isn’t either. It’s a little reading and a few phone calls, and not much more than that.

      The next time you’re sitting glued in front of a television show that doesn’t really matter, try to think to yourself, “What if I turned this off and spent ten minutes reading the Universal Commercial Code on the computer?” (or anything else that will educate you about your rights, like the Constitution) Sure, you wouldn’t know what half the words meant, but you’d know more after that ten minutes than you did before.

      Couldn’t you spend five minutes a week on the phone with your Senator’s office? or your Attorney General’s office? or your Congressperson’s office? or even the OCC? How hard is that really?

      It’s a phone call … a simple phone call … something you do several times a day most likely … so once a week to one of your government officials can’t be all that hard.

      “How’s my case coming along?”

      Easy as pie.

      But knowing that you CAN is the first hurdle.

      Fight the Good Fight.

      • Don S. - Pennsylvania March 7, 2011, 10:36 am

        I’ve always liked Bill Moyers …

        youtube.com/watch?v=aCZmRJeyjKA&feature=player_embedded#at=40

      • Don S. - Pennsylvania March 7, 2011, 10:47 am

        For those of you on Facebook …

        http://www.facebook.com/NationalPeoplesAction

      • Don S. - Pennsylvania March 7, 2011, 1:56 pm

        This was posted on YouTube today …

        youtube.com/watch?v=2xVGkH4HiYo&feature=player_embedded

  • Tony Z March 7, 2011, 1:49 pm

    Whether you like him or not and agree or disagree with his political views, Michael Moore hits the nail on the proverbial head while speaking to the thousands of protesters in Madison, Wisconsin, this past Saturday.

    Listen closely to what he says about who controls the message and how they get we the sheople to vote for those who don’t have our best interests in mind, those who are beholden to their corporate masters, which includes the banks, Wall Street, the MIC, the oil industry, big pharma and big agriculture.

    Whether you are a republican, a democrat, an independent, a conservative or a progressive, Michael Moore is talking to all of us! It’s time to wake up, unite and take our government back!

    http://www.michaelmoore.com/words/mike-friends-blog/america-is-not-broke

    • Don S. - Pennsylvania March 7, 2011, 2:53 pm

      Well …

      … I’ve never really been able to stand that guy, and I cringed when I clicked on the link …

      … but I have to admit that I could neither stop watching or disagree with a single thing he said.

      It’s interesting how the national robbery perpetrated by the world’s elite bring us all together, regardless of what we thought of each other before.

      “It’s not paranoia if they’re actually out to get you.”

  • Tony Z March 7, 2011, 11:50 pm

    To everyone here!

    This may be a bit off topic but it is an issue that affects everyone of us in the pocket book when buying groceries or filling up with gas.

    The US Commodity Future Trade Commission (CFTC) has delayed and/or opposed tightening regulations on commodity futures speculation. The commission consists of 5 commissioners, 3 democrats and 2 republicans.

    One of the democratic commissioners, Michael Dunn has voted with the two republican commissioners to stop implementing tougher regulations on out of control Wall Street speculators.

    Commissioner Michael Dunn’s term is up in May. We all must flood the White House switchboard and demand that President Obama appoint another commissioner who supports tougher commodity futures speculation 100%.

    Speculators drive up the price of commodities such as oil, wheat, corn, copper, rubber, etc, etc, which effects we the consumers.

    Today a speculator only has to put up 10% of their own money on futures. Many experts say that if speculators were forced to put up 100% of their money, spikes in the price of food, gas, heating oil and building material, etc, etc, wouldn’t happen anymore.

    Please pass this on to your friends, family members and co-workers.

    We must have the President hear our voices! It’s time he stands up to Wall Street and stand with Main Street!!!

    The White House switchboard # is 202-456-1414

    It wouldn’t hurt to email the president either:

    http://www.whitehouse.gov/contact

    Let’s do this!

    The last time people flooded the White House switchboard we got the president to send the bill which would have made robo-signing legal, back to the house.

    • Don S. - Pennsylvania March 8, 2011, 12:18 pm

      Done.

  • Lauren March 8, 2011, 3:20 pm

    Hello Folks!

    Finally a little good news from OREGON. Last week several thousand auction/sale dates disappeared from the “Recon Trust” website, here in Oregon. No one knew exactly why, but all of the sudden there was a complete hault of “their” dirty work.

    Apparently Oregonians pushed the legislators hard enough to get State Senator Bonomici to draft Senate Bill 484 which deems MERS null and void. Also my personal hat goes off to OREGON US Senator Jeff Merkley, as he has been in my corner helping me win the battle. There is a “Stay” of execution, at this time, ringing through the halls of Oregon!

    Everyone of you in every STATE get hoppin and get the pressure on your legislators! Email them, write them, call them as many times at it takes. Print off the stories on this site and email or mail them as well.

    Go to Neil Garfields site: livinglies, print, copy paste whatever you need to do to get the information to the legislators, and get their attention.

    Use your energy wisely in the most effective way! If you cannot postpone your sale date by pushing your servicer into submission, FILE for BANKRUPTCY and ask for Quiet Title, as well as a million bucks for pain and suffering! Throw the kitchen sink at em!!

    Arizona, Mass, Florida and now Oregon (California soon following) have started to turn the tide with proper legislation. Start PUSHING your legislators hard NOW.

    By the way I have a more direct route address if you want to connect directly with the CEO President of Bank of America. Email me at: fight4urhome@yahoo.com and I will help you.

    Take a sip of water, eat some bread and pick up your sword! The fight is not over! Also, for those of you who do not know, there is a new website that you need to check and see if your sale/auction date is “active” on. It is http://www.usa-foreclosure.com

  • Don S. - Pennsylvania March 8, 2011, 11:17 pm

    Three great videos (one was posted above) —

    http://makewallstreetpay.org/news.html#bofa

    Let’s keep it going folks!

    • TonyZ March 9, 2011, 10:16 am

      Great videos Don! People are starting to mobilize. We could be in for one intense, long, hot summer. Sadly the corporate owned MSM isn’t covering much of these protests.

      I guess people need to dress up in 1776 garb, wearing three cornered hats and carry firearms to protests and rally’s in order for the corporate owned MSM to cover them.

      The sleeping Giant has woken. How much longer will the corporate owned media and the corporate owned government ignore the giant?

      • Don S. - Pennsylvania March 9, 2011, 12:08 pm

        Well Tony …

        This is how I see it …

        The “yuppie drones” in the Main Stream Media aren’t all that different than the rest of us, having bought into a system that’s completely undermined the principles of the Constitution … and no, this isn’t off topic, since it directly relates to how we got into this mess.

        When they, or we, walk into their/our corporate (or governmental) jobs, and that’s most of us, we literally toss our rights out the window. We are ACTUALLY (not theoretically or figuratively) walking into a dictatorship where our Constitutional rights are GONE.

        We get used to that.

        We get used to being told what to do, living under the fear of the loss of a paycheck. We accept it as normal. We literally throw away our rights in order to survive.

        “It’s a free country” is an utter delusion since we can’t actually live that way. We might have the “freedom” to choose to go fishing on the weekend, or catch a movie or have a family Sunday dinner, but nearly all other decisions are made FOR us. We’re given about 2% of the freedom of choice we SHOULD have and we call it freedom.

        These reporters live under the same dark cloud, some under the distorted (perhaps even mentally ill) mindset that things like this are “just silly,” as they’ve been taught to think.

        Foreclosure is no different. The powers-that-be set the conditions for our ability to earn a living, then set the value of our homes. At any point they can adjust things to gain ownership and turn us into renters (which we already were anyway).

        We’re all waking up to the fact that what “is” isn’t what we thought, and certainly isn’t what it “should be.” Reality is literally changing before our very eyes, simply from looking at it in a different way …

        … and we’re getting pissed.

        Which is a GOOD thing.

  • Nancy Lamb March 9, 2011, 6:54 pm

    Same story for me, different day. Mine started in October 2010 and I am on the same denial. As far as faxing I had to send a 3 inch stack of papers one paper at time. All through the months I would call to check and they would tell me it was underwriting and they were sure it would go through since it got that far…..Last Saturday I received a notice stating I was denied for the loan modification. The reason my house payment was not 31% of my income. It sure was not AFTER they inflated my income. I am so angry that they can do this. I have made house payments for the last 15 years. The question I have is what are they doing with the money. Are they not accountable to someone or organization that monitors what they do??? I would like to join the class action suit, anyone know how to do that?

    • Don S. - Pennsylvania March 10, 2011, 12:32 am

      Nancy …

      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 I’d highly recommend reading through the previous comments on this forum. Simply click on “Previous Comments” in light blue at the top or bottom of this page. Mostly, I’d reconsider putting too much energy into finding a class action and redirect that energy to filing yourself.

      Class action “suits” are not “filings” that make the bank do their jobs. Filing against them with your own “motion to compel” or other court petitions asks your local court to force them to produce documents or perform their statutory duty. Suits don’t.

      Learn how to fight. Thousands or even tens of thousands of individual voices hurt the banks. One voice under one lawsuit is easily silenced.

  • michael butler March 9, 2011, 9:28 pm

    they don.t have any doc for my home.in 2008 countrywide falsefide all my doc.s and i have a cloudy deed. i am putting a law furm on this.in the 50 states attorney general are investigating felony act that.s beening broken every day. bank of america is one bank right in court abount bad loans.

  • Tony Z March 9, 2011, 11:50 pm

    Off Topic: Another example of how the wealthy game the system while the rest of us are screwed. Did you know that actor Tom Cruise only pays just over $400.00 a year in property taxes on property he paid nearly $18 million for?

    http://www.huffingtonpost.com/2011/03/09/tom-cruise-other-celebrit_n_833504.html?ir=Entertainment

    money.msn.com/tax-tips/default.aspx?feat=bc31c24d-cb69-4fef-ab4d-d73adf5abd62&GT1=33005

  • Maria March 10, 2011, 8:52 am

    After reading a mile of messages, no one has share the information about how to join the class action lawsuit against BAC! Can someone please send me that? I live in Florida and am going through the same process right now.

    • Don S. - Pennsylvania March 10, 2011, 1:29 pm

      Maria …

      There’s a very good reason there aren’t “instructions” on how to join “the” class action suit against BofA.

      I hate to be the one to tell you, but there isn’t one.

      It’s great that you read through the forum … but the one thing that’s misleading about it is the fact that it’s not about people getting together for a class action suit. It was started by REPORTING on two suits in Washington State and California, but is NOT about a specific suit that anyone can join.

      This forum is (has become) about the “problem,” not about some class action that will whip BofA or any other bank into shape.

      In fact, it was pointed out by a (very brave) attorney that class action lawsuits are likely NOT going to fix this problem.

      I have to be honest with you Maria … point out the fact of the matter, really … you need to read more in this forum and understand what’s being said.

      Basically, believing a class action lawsuit will bring the banks to their knees is an outright, literal LIE. Thinking people coming together under one lawsuit is a threat to the banks simply isn’t true. All they have to do is send one small legal team to defend themselves. That’s both cheap and easy for them.

      The banks understand money … and only tens of thousands of filings against them will get their attention. Tens of thousands of their lawyers responding in court makes it expensive … which they can’t stomach.

      All I can do for you is suggest “another way of thinking.” I can’t make you believe it. But if you think about it … which many of us have … that lawyer was right … class actions do little to intimidate the banks … in fact they LOVE them … and laugh all the way to court about how cheap and easy it is to silence hundreds if not thousands of screaming, suffering homeowners.

      Personally, I’m not going to be silenced … ever.

  • Jill Kennerly March 10, 2011, 1:09 pm

    How do I sign up. Not only have I had the same horror stories as everyone else, but they have lied to the credit bureaus and have killed my Credit Score. They said I was more than 60 days late & I wasn’t even 5 days late. Now all of a sudden I am getting hit with all of these late fees because their Bill Pay system isn’t working. I look forward to your replies.

    • Don S. - Pennsylvania March 11, 2011, 2:20 am

      Jill …

      You might like to have a glance at my post to Maria above.

  • lisa miller March 11, 2011, 11:41 am

    countrywide since 2000 now bank of america
    please help

    • Don S. - Pennsylvania March 12, 2011, 1:01 pm

      Lisa …

      I hardly know what to say about your post.

      Unfortunately, it’s a perfect example of how many of us are so lost in this. We have no idea where to begin or even what to say …

      … just “Please help.”

      … like we’re drowning and not only can’t swim, but never even knew there was such a thing as water.

      Well … the “water” is the legal (and political) system.

      That’s what the banks are using against us.

      Unfortunately, there’s very few ways to save you now that you’ve been thrown into this “legal lake” … outside of your own, personal desire to learn how to swim.

      Based on your post, I can easily tell you barely know what I’m talking about. You haven’t even left an email address for someone to respond. That’s a pretty good indication of how upset and confused you are about how this all works.

      Three things to help get you started …

      1. Only YOU can change this situation … there are no heroes.

      2. This forum is NOT a quick fix to anything … there is no class action lawsuit to sign up for here.

      3. If ANYONE is to help you, you have to help yourself first … by “thinking” and learning about exactly what’s going on.

      Those are the facts of the matter. Please try and read through this forum … at least to start … to try and understand what’s going on. Simply click on “Previous Comments” in light blue at the top or bottom of this page.

      That’s the water … it’s up to you to drink it … or drown.

  • Tony Z March 11, 2011, 1:41 pm

    I apologize for this comment being totally off topic but I believe this is something every American should be concerned about!

    Did anyone catch congressman Keith Ellison’s emotional testimony yesterday during the House Homeland Security congressional hearing on the radicalization of Muslim Americans?

    Did anyone get a chance to hear the congressman Ellsion’s whole testimony or just the emotional part of it showed over and over by the media?

    First let me say this, I voted for Congressman Ellison and I agreed with much of what he had to say about the demonizing of Muslim Americans while ignoring other extremist groups in our country.

    What alarmed me and sent a chill down my spine was when he mentioned HR1955: The Violent Radicalization & Homegrown Terrorism Prevention Act Of 2007, a very draconian bill which is scarier than the Patriot Acts I & II.

    HR1955: The Violent Radicalization & Homegrown Terrorism Prevention Act Of 2007, never became a law, it died when the 2007 session of congress ended, but not before passing committees in both the house and senate and passing with an overwhelming 400-6 vote in the House before dying. The bill could be reintroduced with a new number in a new session of congress, which is exactly what congressman Ellison stated that he would do in the future in the part of his testimony that you didn’t hear and of course the media isn’t saying anything about it.

    Back in 2007 critics of the bill claimed HR1955 was an affront on activism and constitutional rights and say it could herald a new government crackdown on dissident activity under the guise of fighting terrorism.

    The bill would have established two government-appointed bodies to study, monitor, and propose ways of curbing what it calls homegrown terrorism and extremism in the United States. The first body, a national commission, would convene for eighteen months. The university-based, quote, “Center for Excellence” would follow, bringing together academic specialists to recommend laws and other measures.

    Critics of the bill also claim that the bill’s definition of “extremism” and “terrorism” is too vague and its mandate even more broad. Under a false veil of expertise and independence, they say, the government-appointed commissions could be used as ideological cover to push through harsher laws.

    With it becoming more evident that our two party political system has been taken over and controlled by bankers, Wall Street, multinational corporations, etc, etc, and with the Citizens United decision which will assure that corporations with unlimited money get their candidates elected, do we really want this bill to someday become law???

    Seriously, will those who protest against Bank Of America, or Goldman Sachs, or BP or Haliburton or Koch Industries or GE in the future be considered extremists or homegrown terrorists and rounded up and imprisoned for sedition? How about public or private union members? If they protest or strike against the government or a corporation, will they be arrested as extremists?

    Dark days are ahead for us all I’m afraid, this bill could be the final piece of the puzzle to fascism and a police state.

    • Don S. - Pennsylvania March 12, 2011, 11:47 am

      A brilliant video to explain this …

      youtube.com/watch?v=EbguIBIh1qQ

      … and Tony, it’s NOT off topic at all.

      In fact, under this bill, if it was passed into law, THIS FORUM would be illegal, or able to be interpreted as illegal.

      The maker of the video is PRECISELY correct in pointing out the “legalistic” meaning of the word “force.” This is the EXACT reason we’re all here … fighting for our homes.

      The “idea” of a mortgage is not the “legalistic” meaning of the basis for a mortgage. To us, it provides a place to live … makes a roof over our heads affordable.

      What we COMPLETELY MISS is the fact … (note: fact) … that it is an excuse to confiscate a maximum of our income … under a “legalistic” disguise.

      Why should we be paying for our little space to live on a planet where we were born?

      What gives the banks … or local government through property taxes … the right to charge us to live on the Earth?

      Nothing …

      … just our own perception of that right.

      Mortgages and property taxes are confiscation, which become prison bars, sapping our ability to live freely.

      “Don, you’re out of your mind. How else could we pay for schools and roads? Why would ANYONE be entitled to a free home? You’re just a nutcase.”

      There’s a THOUSAND other ways to pay for schools and roads. Anyone who argues for property taxes is blind, deaf, dumb and stupid to simple intelligence, which sees any number of ways to get that particular job done WITHOUT property taxes. Property taxes are RENT for the land you were born into.

      But about mortgages …

      Two things …

      First, ALL OF US are under the delusion that our mortgages are against our homes … literally the house we live in.

      THEY’RE NOT.

      It’s over the LAND the houses are ON.

      The house is merely an “improvement” ON the land that can’t be moved. Title to your property is to the LAND, not the house … although technically, the house piggybacks the land in the description of the title. The trick here is that you COULD move the house OFF the land, leaving a DOLL HOUSE in your yard, since the house itself is not clearly defined on ANY title.

      The second thing is that “the system” has defined your house and land as having a particular value … that you CANNOT afford unless you finance it. “The system” over-inflates value to purposely financially ENSLAVE you for the “privilege” of living.

      You can’t “own” a home unless you buy into a false financial system created out of thin air … whose EXCLUSIVE purpose is to sap your income.

      Call me a nutcase if you like … but these are the raw facts of the matter.

      No Tony, your post is NOT off topic. This bill would make THIS FORUM POST I’m typing at this very moment a “terrorist act” since some reading it might get upset and do something irrational (or even rational and “organize” against the way we look at things) … and I’d need to be jailed and silenced for inciting “terrorism.”

      That’s how far “these people” are willing to go to maintain power over us.

  • Eugene Riggs March 11, 2011, 6:56 pm

    Well if you like us we owe $171,000 and our value is $152,000 or less assessed it $147,000 and the bank will not reudce principle they just want to add payments and taxes to the back end with late charges. We are going to let them forclose live here for nothign for a year and walk.
    Our condo dues keep going up as the association does not know how to not spend and our taxes are super high. So we will not take advantage of them and let them forclose. In 3 years will be buy again. But we are actually thing of leaving the country. We have had enought of Obams and the US BS.

    • Eugene Riggs March 16, 2011, 9:23 am

      We just found out thta BOA, can’t foreclose legally as they do not have the notes on your loans. They were lost in an electronic transfer from Country Wide to MERS. As I understand it MERS is an Electronic Transfer company who bought the loans and sold and or Transfered to BOA.
      BOA is not in a hurry to do anything. Their position is that if someone is not objecting and they do an illegal foreclosure they even make more money as they have not paid a dime to the billions of dollars they got from Obama. Legally they can not foreclose on you or me. Our homes have been paid for by uncle sam (Obama) and BOA has no promisory note. With no IOU, (note) they are paid or we owe them nothing.
      If any one want info in this just e-mail me.
      Judge Postema in Grand Haven Michigan just ruled agains BOA and a lady that was already out of her home got it back. In some cases BOA have to pay someone (perhaps more than one) over a million dollars and they still got to keep thieir home.
      eugeneriggs@aol.com

      • Bleukiena May 18, 2011, 6:37 am

        I too Have Bank of America as my lender and Chase Bank as the investor. When I submitted a formal request to produce the note, I received a response that I did not possess the leagal authority to demand the note! They also sent a bunch of papers with our signatures on them. I don’t know how they got theses since we originally used Countrywide for our mortgage with it being transferred to Bank of America in 06. I never even saw a document from BOA until we received the document for payment. I also found out through Land Ex remote “court docs” that say it was MERS transaction. My previous attemps to modify…all 4,
        were null and void. Even the Attny general stepped in and contacted the CEO. The CEO called and assigned us to a negotiator who never even called us. This whole process is sickening. We have been dealing with this situation for 2 and half years. With no help in site I hired an attorney. I have to protect my assets. They surely will do the same, but being the under dog here,I will still fight!

  • Isabel S - Florida March 11, 2011, 7:04 pm

    Hello everyone. Some of you are aware of a lawsuit that I filed in December 2010 against BofA. It is an individual lawsuit not a class-action. Here is a link to our press release which talks about our lawsuit. Spread the word!! Thanks.

    http://www.free-press-release.com/news-florida-couple-file-lawsuit-against-bank-of-america-for-mortgage-servicing-fraud-loan-modification-and-rico-without-an-attorney-1299633088.html

    • John April 20, 2011, 8:25 pm

      well it seems that alot of hard working people are getting screwed by the bums of BANK OF AMERICA. I just found out that a friend of mine was given a notice that their home was sold and the new owner will be moving in within 2 weeks! As per some female who clames to be “President and CEO” of BOA!
      The interesting thing is they do not have a mortage with this shit bank! US Gov’t what are they doing about this corrupt company. Lock the bums up and toss the key! ATTORNEY GENERAL DO YOUR JOB!!!!
      Signed,
      A pissed off US citizen

      • d May 2, 2011, 7:05 pm

        Well John,
        I have to say that I am feeling quit mad myself when if you look at how many people that were damaged and have been going through hell because of what the billion dollar greeding industry did, not just to the people that they gave the loans to, but innocent people that had a secure job and a decent home that have lost due to what they did to us. I would have to say that this is just a devastating than the bast…rd Osoma, you see he was going to get his, the government is not doing enough to make the people that did this to us, pay. Well, not to help the homeowner, just the banks and investors, the very people that tried to capitalize on our behalf. I say that they should hold them at the same justice as anyone that bilks millions even billions from people, oh, they don’t do that because they are the very people that are in the politicians pockets, how do they let the legalized larceny keep going on. They never had any care to help the homeowner, but still took the money from the government. What the hell is going on?? I think the government could have bailed the homeowners out and sent the culprits to prison.
        THAT is my thought, who does Bank of America have in its pocket???

      • d May 10, 2011, 12:40 am

        You know what, there is nothing going to happen to those that put us in this position, because we are broke after what they did, in order to get help, you have to have money. They can all rot in hell where they belong.

  • Don S. - Pennsylvania March 12, 2011, 1:16 pm

    BRAVO! Isabel! Fantastic news! Break a leg!

    • Isabel S - Florida March 14, 2011, 8:30 am

      Thanks Don! If there is ANY justice left in this world, we will hopefully prevail. We all need to stick together and fight these delinquents so we can protect our families. Bank of America fireworks exposing their dirty little secrets are exploding everywhere. Lets all grab a bag of popcorn and enjoy the show.
      http://dealbook.nytimes.com/2011/03/14/hackers-say-bofa-unit-tried-to-hide-mortgage-error/?src=dlbksb

      • Bryan Pricher March 14, 2011, 9:12 pm

        Same situation here, I mean literally “identical.”. I was denied the mod due to missing docs, including my 2008 tax return that I sent them 7 times. My law firm is still handling the case for me. go get ’em Isabel S. I’m not far behind you.

        • d May 10, 2011, 12:43 am

          Don’t give up because they don’t have a clue on what is going on. My payment is due on the first of every month and I don’t even get my bill until the 11th of the month and have not paid them shit for 3 years.

      • Aaron Hunter March 27, 2011, 3:56 pm

        Are there any attorneys in Indiana that are taking up this cause? I have sought modification for over a year with no new information. I even filled out the modifications papers with the new payment. I have logged hours of calls.

        • Lori May 23, 2011, 9:52 am

          Are there any lawyers in Illinois taking up this cause? I’ve had all these same issues with BOA. It’s almost like legalized crime!!!

  • Frank Castillo March 13, 2011, 9:59 am

    I have a countrywide arm loan from 2006 which is now in foreclosure,and I was denied modification through Bank of America they make more money on Foreclosures than modifications

    • Don S. - Pennsylvania March 14, 2011, 12:07 am

      Frank …

      So, what are your plans? Wouldn’t you like to make your particular foreclosure difficult and possibly expensive for the bank? Are you working to keep your home?

      If so, please read through this blog where myself and others have pointed out what steps you can take to be effective.

      There are no magic cures … no heroes … no Staples Button to push … just simple learning, work and action by tens, if not hundreds of thousands of people like you and I that might make a difference.

      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/

    • Elsie March 22, 2011, 4:03 pm

      Check out Mass Joinder. Email me if you want more info… I’m loaded with it. It’s unfortunate that there are scams out there, but there are reputable firms, too. Mass Joinder is like class action in that it has mulitple plaintiffs and different because settlements, if won, will be individual to each participant.

      ecumberhatch@yahoo.com

      • KJones March 27, 2011, 7:52 pm

        Re: attorney generals helping with this

        reuters.com/article/2011/03/25/usa-mortgages-florida-idUSN2525985720110325l

        Don’t count on help from Attorney Generals either . Pam Bondi the AG in FL just gave a free pass to Marshall Watson’s Law firm for being BofA’s attorney in many of the FL foreclosures. Half of their fine will be going to the FL Bar. legal aid ( to more lawyers of course) who I can assure you is not helping anyone in need of foreclosure help. You go to there and they tell you they are overwhelmed so they can’t help you. But Pam Bondi knows this. The lawyers, judges and the politician scum are all feeding out of the BofA pig trough. And they are stealing homes. When does it stop? There is no one to stop it. And this is one of the biggest scams of the century and the media doesn’t get it or report it.

    • d May 10, 2011, 12:45 am

      Hang in there, because they are in big, BIG trouble.

  • Sandy N. March 14, 2011, 6:33 am

    I read quite a few of these e-mails and I am curious as to why no one is mentioning the very fact that their home is worth nothing on the market. I paid $135.000 dollars for my home, five years ago Feb. My mortgage payment with Countrywide was $699.00 a month and everything was fine until BOA took over my mortgage. Suddenly all around me, people are walking away from their homes and foreclosure signs are showing up everywhere. As the bank sells each condo for pennies, I continue to watch my home go down in value. Today if I were to sell it, I would still be left with a $100,000.00 mortgage payment for a one bedroom, 800 sq f condo. The two bedroom condos are being sold on this property for $100.000.00! I to received the Loan Modification form. My first thought as I read it was: “How does this help my problem?” And why should I have to send them any information? I bled real blood in my fingers, when I sold my soul to them in the information process of obtaining my mortgage. So with every piece of paper they sent me, I read, I thought about it and I filed it away as “Stupid!” Just once it would have been nice to see the words, “We at BOA will help you to get your mortgage down to where you can comfortably sell your home! Oh right the short sale opportunity, how great is that one working for people on either side? This past Friday I opened my door to a Fannie Mae Rep. BOA without bothering to notify me, sold my mortgage to them and I have now been officially evicted. Thank goodness its over!! Now I can get back to the real problems of life. But in my gut, I know there is something fishy about this whole mess and I know those people at BOA are SCUM and I hope they get what they got coming to them.

  • Isabel S - Florida March 14, 2011, 8:24 am

    Bank of America is setting up a “bad bank” to sweep bad loans under the carpet. Can they be any more guilty and crooked?

    http://blogs.reuters.com/felix-salmon/2011/03/09/bofa-doesnt-believe-in-treating-borrowers-fairly/

    • Smorris March 29, 2011, 11:15 pm

      We owed a townhouse in DeLand, Florida. Walked away, meaning we started to rent an apartment in August 2007. We notified Bank of America, of re-negotiating the price of the townhouse, which we paid $268,000 in 2006 and the brand new ones were selling for $103,000 after August of 2007. I sent them several letters and offered them $150,000. They refused. Offered them $103,000. They refused. Finally, in Nov. 2010, the Foreclosure went thru. We received a letter from Bank of America stating that they purchased it for $1.00? Then recently we searched the property and it shows it sold for $94,000. Now yesterday (3/29/2011) we just received a letter from a credit agency trying to collect for the deficency amount ($141,142). Can you please suggest (Isabel S-Florida), an attorney’s office which is handling the blass action against bank of america? Your help is greatly appreciated. I live here in Miami.

      • Isabel S - Florida March 31, 2011, 10:49 am

        Hello Smorris. Bank of America did NOT lose money on the sale of your house, believe me. They would have lost money if they accepted your offer of $150,000 or $103,000. The government pays them the difference and then some which means that they make a profit by foreclosing on you. Even though Bank of America AGREED to participate in the HAMP program, it was never their intention to follow through. They just wanted the bailout money and made millions of dollars for just holding on to that money for a few months. It was all a calculated and malicious plot. While we rott here waiting for a loan mod, Bank of America’s executives have been living the good life at our expense. Nevertheless, a deal is a deal and they should be “forced” to fulfill their agreement and they are not. Sadly, there is no attorney representing us.

        We had to file a lawsuit against BofA all by ourselves. I am not aware of any local attorney who is willing to fight these monsters without a huge chunk of cash from you. I do know of a legitimate class action lawsuit filed in California but anyone who qualifies in any state can also join. It is Wright et al vs Bank of America. You can find the lawsuit on: piggybankblog.com/2011/02/09/announcement-of-new-lawsuit/. I am sure that you can contact Mr. Wright and he is very helpful. Of course, if you decide to fight this on your own, you can go to Don S -Pensylvania’s post in piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/ and thouroughly read through all of his advice. Everyone finds it very helpful. I am truly sorry about your situation and I really wish you the best of luck against these monsters.

  • Mimi March 14, 2011, 12:50 pm

    I have the same issue. How do I sign up for the class action?

    • Dave Wheeler March 24, 2011, 5:23 pm

      If you find out, please let us know. We had Country Wide and went to BOA and have tried for the last 4 years to do a remod, we sign the paperwork, and start payments and then they say it didnt go thru, even went thru 2 lawyers (one we are even in a lawsuit against) who took our money and did squat. Any help would be appreciated. We were contacted for a class action lawsuit but they want $6000 just to join it. If anyone can help with some info, please email us. Thanks much.

  • darlene johnson March 15, 2011, 6:48 pm

    how does someone get in on the suit and know they are working with a legitimate law firm? I was contacted recently by a firm who wants me to join their suit. How do I know it’s not a scam? help

  • Eugene Riggs March 15, 2011, 7:10 pm

    Note: Bank of America was bailed out. They can do a short sale and even make more money as they have not paid back the government a dime. Thanks Mr. Obama and the Democrats.

    Bank of America is Crooked of is our Government. So is the Supreme Court and most of our legal system. We do have some good judges but not enough. We need a complete overhaul in this country or we are doing down like the Titanic and we are getting closer evey day.

    We are 6 months behind with our BOA loan and we just now got our papers for a mortgage modification. They said they would over night them and it took 45 days.

    BOA does not have the notes (Loan Promissory notes) that go with the mortgage so they can’t legally foreclose on any property that they bought from Country Wide and the notes were lost and the purchase transaction was done on an Electronic system. One lady who was kicked out of her home in Grand Have Michigan just got free & clear title from Judge Post in Grand Haven, Michigan.

    I suggest you follow up on this as I am. I also heard of a lady receiving over a million dollars when she sued BOA over the same thing and also got her home free and clear plus the million plus dollars.

    BOA, the Government and some Wallstreet investors are making money on all of these bad fradulent forclosures. Even if you are behind and your loan was sold to BOA from Country Wide they can’t legally foreclose. They do not have a note (Promise to Pay by or from you, which was to be assigned by Country Wide).

    Check it out.

    • ivan March 16, 2011, 12:22 am

      I would like to get more information about your comment. We applied 2 years ago for the loan modification and went through 2 different departments and we are still getting declined. Please help

    • Don S. - Pennsylvania March 16, 2011, 11:34 am

      Eugene …

      You are largely correct in what you say.

      I do, however, have a couple of adjustments to suggest.

      BofA paid back every penny of the $45 Billion in TARP funds … mostly to get out from under its restrictions. Once they read the rules, they wanted nothing to do with it.

      Instead, Obama introduced the HAMP program. In that, all a bank has to do is TALK to you about a modification, not actually give one, and they get $1,000. A tidy profit for a letter, envelope and stamp (and perhaps a few phone calls).

      Also … you discuss the MERS system, which has been declared invalid by a court in New York State. In that, it’s my understanding that the system destroyed (shredded) about 40% of about 65,000,000 mortgages.

      Under contract law in this country, you don’t HAVE a contract without the actual piece of paper. That’s what people are beginning to bring to the courts.

      There’s a serious caution, however. Banks aren’t willing to admit they were shredded … naturally … and proving it is an expensive, time-consuming process. So is filing for “Quiet Title” which is how you get a court to declare there is no longer a contract. In this country, unfortunately, you HAVE TO prove these things in a court of law, and lawyers aren’t driving Mercedes for nothing. It’s a TREMENDOUS amount of work to gather and present that proof in court.

      That’s not to say it can’t be done. It’s also not to say that you need a lawyer to do it … which can also be a ton of work, but perhaps worth it in the end.

      Courts rely HEAVILY on “precedents” which are OTHER courts’ decisions. Few courts are willing to break new ground, but when they do, others tend to listen and even sometimes follow the precedents. This is starting to happen … but .. it needs to happen MUCH more to be effective. Regardless, every case will have to prove itself with, well, proof. There is no magic pill, no instant, easy solution. It’s not a simple thing. Ask Isabel from Florida on this forum. She just filed against the bank … WITHOUT an attorney.

      But there’s a last CRITICAL point to be made for ANYONE in this situation. “Suing” the bank is NOT the same thing as “filing” against the bank. If all you want is your modification, you can “petition” the court to force the bank to perform its duties under the law. “Suing” seeks compensation from the bank for things it did NOT do or did wrongly. They are NOT the same thing.

      Most of us don’t understand the law, and this situation is ALL about the law. Learn your rights. Learn the law. Learn HOW to fight.

      To jump-start the process, 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/

      • Diane April 25, 2011, 6:25 pm

        What makes anyone think that they are going to pay even if this is brought to court, CountryWide Home Loans, was sued and I never seen anything except Bank of America bailing them out. And still with Obama’s administration putting them in direct command to modify and three and a half years….yes you are reading this right, I have been trying to get this done for a long time and they have not done anything except ignore their reperamand from the Illinois District Court, the State of Illinois got the money. And to that note, look at the amount they got from CountryWide Homes Loans, for helping them to not admit they were wrong. So….why is the state is still in debt so bad that they are laying off our teachers.? This is going to insure that our children have no homes and no schooling???? What is wrong with this government, the government should start by making them pay for the predatory lending, and start helping the AMERICA people crawl out of the tigers den, that they were lured into. Help, us to bandage our wounds. Something is terribly wrong when they have known what has gone on for how long it has been going on and they just sit back and do nothing. I bet they have some initiative to sweep this under the rug. Someone is bound to find out, why this was allowed to happen in the first place, where was the regulartory commission when the floodgates opened to allow so may loans to go through, hmmmm??????

    • Tony Z March 16, 2011, 3:03 pm

      Eugene, you would be naive to place all of the blame solely on President Obama and the democrats. You do know that it was Bush and Hank Paulson who started the original bailout don’t you?

      When they forced the first bailout down our throats, they didn’t have any strings attached to the original TARP bill. At least Obama attempted to add some strings but again, republicans fought long and hard over protecting the bankers bonuses.

      Now I am not defending Obama or the democrats one bit here but I’m just stating the facts as I know there are many republicans who believe what Fox and Rush tell them.

      And no I’m not saying you are a republican or a democrat or watch Fox or listen to Rush. I’m just pointing out the facts and this comes from a person who believes both parties have sold us out.

    • Diane April 25, 2011, 6:47 pm

      REALLY!!!????
      Well, I have to say that I have been in this situation for 4 years….and counting. No, attorney is willing to take my case, just my money. I have been ripped off by modification lawyers promising a modification. And when I filed a complaint against all parties to these transactions with the Attorney General’s Office, they skated with the money and no help to give. WHAT IS WRONG, when you can’t even count on the state appointed attorneys???
      The justice system works when they are sticking it to the traffic violators (speeding tickets, DUIs and so on), we are talking about people in position, who can punish the companies that are out there committing larceny and getting away with it. When a person, buys a home, now a days, if they even can, it is to have a piece of the American dream. When are they going to stop the greed and feed the need of the American people, WE NEED JUSTICE!!!!!!

  • Frank castillo March 15, 2011, 8:52 pm

    Who do contact to join the class action lawsuitsagainstBank of America.

  • Michael March 15, 2011, 9:34 pm

    Too bad this turned political….. I’m out!

    • Don S. - Pennsylvania March 16, 2011, 11:03 am

      Huh?

  • DARLENE March 16, 2011, 9:39 am

    CAN SOMEONE TELL ME WHO OR HOW TO FIND REPRESENTATION FOR THE SUIT WITHOUT BEING SCAMMED? i’VE BEEN CONTACTED BY A LAWYER FROM CALIFORNIA TO JOIN A LAWSUIT AGAINST BOA AND THEY ARE SAYING IF I PAY $6,000.00 UP FRONT, THEY WILL REPRESENT ME AND I WILL GET THIS AND THAT FROM BOA. I’M WEARY OF STUFF LIKE THAT. I’M NOT PAYING NOTHING WITHOUT GUARANTEE. HELP AND THANKS TO THOSE HERE GIVING INFO.

    • david wheeler March 24, 2011, 5:35 pm

      i was contacted by the same they want 6000 i got scamed by 2 outher lawers that it was 100 persent garented took my money and ran i think we should get alot of people together and do it by ourselfs i dont trust the laywers

    • Melissa April 25, 2011, 3:47 pm

      Do not pay anyone $6,000 to join a class action lawsuit. You are being scammed. I promise you, this is a scam. Class action lawsuits are filed WITH NO COST TO THE CLAIMANTS AND the only way you will recover is if they WIN. DO NOT GIVE ANYONE A DIME TO REPRESENT YOU.

  • Eugene Riggs March 16, 2011, 10:24 am

    Of course it’s political Mike, how do you think BOA, got the TARP money and where did it come from? If it was not political there would be not corruption, but look at your government. Stop and think about it and look where we are. The Government would have been much better off giving every family in America $100,000.00 and not bailing out and of the companies good or bad. We would not have job losses, we would have a healthly economy and you and I would not be doing this.

    I am a small business owner and business is in the tank because of Obams and companies like BOA who took billions from our stupid government and now they want to screw the puplic. What’s with that?

    I have much more Dirt on BOA if anyone wants to e-mail me at eugeneriggs@aol.com, you can google how to get involved with the law suite and it will come up for you.

    • Tony Z March 16, 2011, 3:10 pm

      Again Eugene, it would be in your own best, personal interest to blame both parties. Obama deserves a lot of blame as do the democrats. But as a small business man are you actually implying that republicans really care about the small businessman? Really?

      If so, why did they vote against legislation that would have given money to local, small community banks ,who would then make the money available to small businesses owners and entrepreneurs?

      It seems to me that the only “small businesses” that the republicans really support are the S-corporations who are just subsidiaries of GE, Bechtel and others.

      Being partisan and one sided to the facts isn’t going to help any of us. And benefits the wealthy and the corporations, banks, etc, etc, who own and control our politicians and our government.

    • Leo T. March 21, 2011, 7:02 pm

      You nailed that one on the head. I agree thats where the money should have gone

  • Don S. - Pennsylvania March 16, 2011, 12:03 pm

    Mimi, Darlene and Frank …

    As I (and many others) have pointed out, there is no lawsuit to simply sign up for. Sorry to break it to you, but that’s neither how this forum works or really how the legal system works.

    This forum got started by simply reporting lawsuits in California and Washington State, and there are very specific requirements for a homeowner to join them. Living in one of those States is part of it, but it’s FAR more complicated than that.

    Unfortunately, you CANNOT take a simplistic view of the situation you find yourself in. A lawsuit does NOT necessarily mean you’re going to force the bank to do ANYTHING … OR punish them. In fact, a class action lawsuit, as pointed out by a [very brave] attorney in this forum, is NOT necessarily bad for the banks.

    They LOVE class actions, since it virtually SILENCES many voices into one in a court of law. Plus, it’s cheap and easy for them to send one legal team to beat those homeowners down. Not only that, but cases are won on the details and those details virtually disappear in a class action. There are NO easy fixes here … AND … there are no heroes.

    NO ONE is going to swoop in and save you from “the big bad bank.” We have to save ourselves … by learning how to fight … and there’s no avoiding the fact that it IS a fight.

    The first thing most people need to learn … which I and many others on this forum have … is the fact that what we are told about the system is NOT how the system REALLY works.

    1. No one is going to stand up FOR you without taking a PILE of money to do it.

    2. Even IF you find someone to stand up for you, you lose control of the outcome since you probably have no idea how things work or even what your TRUE rights are.

    3. Relying on a group effort in court … a class action … should likely be a last resort since A) your individual case “merits” are largely lost and B) when you depend exclusively on lawyers, those very same lawyers CANNOT and will not do certain things you can do as an individual whose careers are NOT tied to the courts. Lawyers will NOT challenge the courts themselves, which you CAN.

    Yes, I know this is complicated … but you CANNOT simply shout “I JUST WANT MY MODIFICATION” and expect miracles. It simply doesn’t work that way … and the banks LOVE IT when we think does.

    To get started, 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/

  • Isabel S - Florida March 17, 2011, 7:54 am

    Hello everyone. I have been building up an Anti-Bank of America website. I am using my first amendment rights to the fullest. Bank of America wants to say lies in their website by saying: “Let’s Work Together. Help is available for homeowners experiencing payment difficulties. We’ll do everything possible to come up with a solution to help you stay in your home. No matter what your situation is, we’re here to help.” http://homeloanhelp.bankofamerica.com/en/index.html?cm_sp=CRE-Mortgage-Refi-_-Home%20Loan%20Assistance%20Q3-_-MR16000S_marketing%20strip_%20ooo-123_hp_lahUmbrella-o.

    What a crock of lies!! This is misrepresentation and false advertising!! They will do everything possible to kick you OUT of your home. Still adding some things. I am so frustrated with Bank of America that I cannot find enough places on this earth to express my anger. That is why I had to at least create a website that will help others and also expose Bank of America as scam artists. This is the new website: http://www.bankofamericastinks.vpweb.com.

    • Isabel S - Florida March 17, 2011, 7:56 am

      ****Correction. Still adding some things to the website. In case anyone was confused. 🙂

      • LO from Texas March 19, 2011, 8:15 pm

        Way to go Isabel, you are doing an awesome thing, not just by the website but also filing your own lawsuit!

        • Isabel S - Florida March 20, 2011, 9:29 am

          Thanks Lo! We should all try to make an anti-Bank of America website if it is within our means. It will drive them crazy!!! We should all SUE them by the thousands as Don said and we should all join their facebook page: //www.facebook.com/home.php#!/pages/Bank-of-America/32316911614 and bombard them with negative comments. If you go into their facebook page, you will notice that over 90% of the comments are all negative outburts against them. I have never seen anything like it. Homeowners are so frustrated with them that they will do anything to be heard and to blast them. I have also left my pretty comments on their too. We need to try everything possible to get on their nerves just like they have gotten on ours.

    • Don S. - Pennsylvania March 17, 2011, 12:10 pm

      Terrific job Isabel!

  • Heidi March 17, 2011, 1:50 pm

    We too have been thru the hoops of Bank of Americas so called modifications. After 1 year of submitting all necessary paperwork we were denied. Then we were turned down by PHEa for a Hemap loan. Our home is sited for Foreclosure. we tried everything and are filing Bankruptcy in hopes of saving our home. I did receive a securitization audit that shows they don’t really own the loan. But I have to pay yet another lawyer to proceed. I want to be part of the Class Action suit in PA! HELP!

    • Don S. - Pennsylvania March 18, 2011, 12:17 am

      Heidi …

      Please review my posts on this page and also see “Previous Comments” (in light blue at the top/bottom of this column), as well as others’ posts to get an idea of additional ways you might proceed.

      You may also email me at donsweet@verizon.net. Most of what I say about this situation is posted, but I also have files you might find helpful.

  • Don S. - Pennsylvania March 17, 2011, 10:35 pm

    An important article …

    tawebster.wordpress.com/2011/03/18/home-wreckers-how-wall-street-foreclosures-are-devastating-communities/

    Please communicate this information to officials in your State.

  • Don S. - Pennsylvania March 18, 2011, 12:13 am

    This is only mildly off topic if you follow the message …

    http://www.huffingtonpost.com/2011/02/08/wikileaks-movie-revolution-truth_n_820315.html

  • Don S. - Pennsylvania March 18, 2011, 12:24 am
  • Steve March 18, 2011, 8:00 am

    Where do I sign up for this?
    Where is the goverment and the local state attonerys offices help these are there local an state taxes revenues.

    • Don S. - Pennsylvania March 18, 2011, 9:33 am

      Steve …

      Please see my note to Mimi, Darlene and Frank above.

  • Tony Z March 18, 2011, 10:04 pm

    Phucking hilarious! Or just plain maddening?

    If you recall, a Fannie Mae representative contacted my mom two weeks ago and told her that Fannie Mae would be taking over her case from Bank Of Anti-America, regarding her status or lack of status with her applying for a loan modification back in June of 2009.

    Guess what my mom received in the mail today? A Fed-Ex envelope with paperwork from Bank Of Anti-America, letting her know that she finally qualified for a trial period, here’s the kicker….and the same old story… her mortgage payment, if she went into the trial period, would go up $258.00 a month.

    BAH-HA-HA-HA-HA-HA-HA-HA-HA!

    Phuck Bank Of Anti-America and their trial period. Boy, it’s sure nice to know that the lines of communication between Fannie Mae and Bank Of Anti-America are open. *sigh*

    Of course we have a few more weeks to wait to see if Fannie Mae will contact my mom again…I for one am not holding my breath.

  • LO from Texas March 19, 2011, 8:13 pm

    Don and all,

    I have an idea for some recovery and a “day in court” for those of us who cannot afford an attorney. Since we all share the same long, tortuous story and I want to make all the Banksters PAY for what they have put us through. I cannot afford an attorney right now to file suit, but I have had consultations and have been told that you can file a lawsuit once you are on your feet. Also ,my idea is to get all us to file in our local small claims court, it is cheap for us to file and the Banksters will have to provide attorneys for EACH of those cases or lose by default! Usually there is a local magistrate and local juries that are not lawyers and are sympathetic to the consumer who has been abused. The Banksters cannot stop us or prepare since there is not “discovery” in small claims court , Check your local small claims court for the rules and cost and then send a RESPA letter to your loan servicer by certified mail. If/When you get your response to your RESPA letter (make sure you mail certified and that they respond on the deadlines )and gather your evidence (hopefully you have documentation of their fraud) then file your suit. I will keep you posted on what my experience is. Good luck and thanks for listening!

  • Don S. - Pennsylvania March 19, 2011, 11:29 pm

    LO …

    This is terrific thinking.

    I believe the real trick is convincing VOLUMES of people to file … whatever is appropriate to their case. Your example is a good one, but there’s lots of variations on the theme.

    The glitch is communication. This forum is fairly limited in exposure.

    A key point here …

    If the banks are flooded with many tens or hundreds of thousands of court filings, then HAVE to respond with an attorney. They have no choice. We, on the other hand, do not need attorneys, only filings to force them to respond. If they don’t respond, judgments fall in our favor by default … which is a technique they, themselves use.

    Many people are either embarrassed or ignorant of the law and simply don’t show up (to defend themselves) … so the banks walk away with the property by default. Turning the same technique on them by flooding courts with filings would be a red letter day. If they can’t afford all those lawyers and don’t show … we win.

    Not easy … but not impossible, either.

  • Albert Delacruz March 20, 2011, 1:05 am

    Lo and Don,

    These is an execellent suggestion, I hope you guys can show us forms to file and steps to do , so we can all file lawsuit at the same time.

    My loan was modified but after six months of paying the loan, I received a call from BOA asking me to pay the previous arears as they rescinded the loan mod due to some miscalculations on their part. After stopping payments for 3 months, they then told me that they re-approved the loan mod and I need to repay the 3 months arrear. These bankster are evil and no respect to any law!

  • Theresa Jones March 20, 2011, 5:36 am

    I had the same problems and nightmares that the people on this site are talking about.
    we were offered a modification and was denied due to the fact notarty signed paper correcttly. When i call one of the many operators of Bank of America I was told I should have recieved another form so notary could sign correctly, this never happened I can never come to an agreement with the above named bank have sent faxes was told they were never recieved. got letters from CEO presidents office and was told a certain negotiator was assigned to my account and was slolely to confer with her but could never get ahold of her when i finally did she said i was assigned to another negotiator and never heard from the new negotiator .
    this has been a nightmare, one lie after another, and severe misleading of consumers by a big bank. I have read all the comment from the people on this sight and have all of the problems they do with the above named bank

  • Heather March 21, 2011, 10:02 am

    Isabel,
    I find you very inspiring and I think I may be following in your foot steps. I did inquire about a class action and they wanted a $5000.00 retainer. If I had that much money handy I wouldn’t of needed to apply for a modification. Good Luck!

  • Don S. - Pennsylvania March 21, 2011, 12:07 pm

    This is an EXTREMELY important article to read and understand …

    cnbc.com/id/42193298

    It’s an excellent example of how the system works. As long as the banks’ agenda is hidden … or the “power structure” for that matter … they can get away with murder (economic murder, that is).

    Fortunately, we have Supreme Court justices that have taken a stand … silent though they may be. It’s interesting that the Supreme Court justices can say volumes without uttering a single word … by simply refusing to hear a case.

    The article starts with “The Supreme Court let stand a ruling that the U.S. Federal Reserve must disclose details about its emergency lending programs to banks during the financial crisis in 2008.”

    They accomplished this so-called announcement this way “The Supreme Court declined to hear the appeals without comment.”

    What they are saying … without saying anything … is that the [lower] appeals court was correct in deciding that banks … as well as The Federal Reserve … are REQUIRED to disclose who got what money from the bailout.

    Right now all that information is secret. We don’t know who got how much.

    Remember, the Federal Reserve … which is NOT a governmental agency, but a private bank … has NEVER been audited since it was created in 1913. All other banks are subject to its policies, which means YOU AN I are subject to its policies … and we have no idea how the money they control … literally every penny … has been used for the last 98 years.

    It may look complicated, but it’s really not. It’s all about CONTROL, I’m sorry to say, but fortunately our Supreme Court justices … without actually saying a single word … are finally saying “Enough is enough.”

    • Tony Z March 21, 2011, 11:47 pm

      Well we do know that after the initial two bailouts the Federal Reserve also quietly gave out a trillion more dollars in loans to corporations like Caterpillar, Toyota, Harley Davidson, GE, Verizon along with some foreign banks that I believe may have been in Australia, Korea and the UK. (Can’t confirm those countries)

      youtube.com/watch?v=F2B2lz5q7jw

      PS: Don, I have little faith in our Supreme Court, after all the majority of them are corporatist’s who approved of the citizens united decision, which could be one of the final nails in our country’s coffin.

      • Tony Z March 21, 2011, 11:49 pm

        That “trillion” dollars I mentioned was actually $9 trillion after the first two initial bailouts under Bush & Obama. Short term, low interest rate loans to corporations.

  • Leo Tafoya March 21, 2011, 6:27 pm

    Is there a way we can get involed were in the same boat.

    • Don S. - Pennsylvania March 21, 2011, 7:31 pm

      Leo …

      If you’re referring to the class action lawsuit that was reported and started this forum, I’d strongly suggest you read my note to Mimi, Darlene and Frank above, as well as skimming back over other posts from the last couple of months.

      You may find the information enlightening.

      • Leo T March 22, 2011, 12:55 am

        Thank you

  • Leo Tafoya March 21, 2011, 6:45 pm

    Were in the same boat. We pulled out of our 401k barrowing money from parents to make payments on house. We paid all of our debt to make payments. When Talking to a rep from Bank of America they sounded re-assuring thinking we were going to get approved. Then within the three months they said they lost all documentation. We were disappointed the fact they lost information in that three month period. The Rep told use the we were going back into circulation for the home modification that would take about six month to process. The six months past and we went to the under writer saying that they were going to push it thru. A week later another under writer reviewed it and denied us our modification. Now we’re getting collection notices. My wife and I said the hell with it. We stressed out for a whole year thinking we were going to get some sort of help. With the amount accumulated with the year of the modification is outrageous to pay back so we have no choice but to leave. Bank Of America can shove that house up there ASS.

  • New Mexico March 21, 2011, 7:11 pm

    Were in the same boat. We pulled out of our 401k barrowing money from parents to make payments on house. We paid all of our debt to make payments. When Talking to a rep from Bank of America they sounded re-assuring thinking we were going to get approved. Then within the three months they said they lost all documentation. We were disappointed the fact they lost information in that three month period. The Rep told use the we were going back into circulation for the home modification that would take about six month to process. The six months past and we went to the under writer saying that they were going to push it thru. A week later another under writer reviewed it and denied us our modification. Now we’re getting collection notices. My wife and I said the hell with it. We stressed out for a whole year thinking we were going to get some sort of help. With the amount accumulated with the year of the modification is outrageous to pay back so we have no choice but to leave. Bank Of America can have the house.

    Also we were with countrywide

  • jim March 21, 2011, 10:00 pm

    Here’s why BOA’s pretends to process mortgage modifications and then forecloses: this just happened to my daughter and her husband in CA: they applied for a loan modification and were told they qualified, they were told not to make payments to qualify, were jerked around for one year that modification was approved and being processed, then without warning BOA foreclosed, sold the house, and my 8 1/2 month pregnant daughter and her husband were evicted! Here’s the reason for BOA’s incredible ripoff scam: BOA promised a modification, tricked them into foreclosure, BOA sold the house to insiders (an offshoot company of BOA) for 200000 less than market, BOA then collected 200000 insured mortgage loss from US (us) through gov’t backed AIG or Fanny May, BOA connected company then resells the house for another 200000 profit. BOA stole my daughter’s house and makes 4ooooo profit!
    If anyone knows or has information how she can join a class action against BOA please send to jimauster@hotmail.com

    • Leo T March 22, 2011, 12:54 am

      Dam, reading this makes me want to tear down the house that way BOA does not make a proffit. People out there losing there house keep your chin up and move foward and find alternative means of leaving. People dont let this bring you down becasue it almost did me and my family. Now is the time for people to rely on family mmebers and work toegther. Bad thing is were worried about Omar Kadafie..

  • Don S. - Pennsylvania March 22, 2011, 1:22 pm

    Important Announcement —

    It’s VERY important that anyone even SLIGHTLY concerned about this subject … even those not under foreclosure or similar threats … to CONTACT YOUR ATTORNEY GENERAL’S OFFICE IMMEDIATELY.

    All 50 Attorneys General will be meeting with the big banks starting this week and they will be [so-called] hammering out a settlement over all these accusations and behaviors.

    SPEAK OUT NOW.

    “Banks” ARE NOT CITIZENS and the Attorneys General should not treat them as such. Banks do not vote. Banks are not living, breathing human beings. The Attorneys General work for the PEOPLE of their States, not corporate entities. Even corporations’ stockholders are NOT necessarily citizens. They can be anybody.

    SPEAK OUT NOW.

    Phone calls and telegrams are best. Emails should be your LAST choice. They are all too easily ignored.

    Two reminder videos …

    http://makewallstreetpay.org/news.html#bofa

    http://www.michaelmoore.com/words/mike-friends-blog/america-is-not-broke

    • Tony Z March 22, 2011, 4:55 pm

      Good advice Don! I’ve been in constant contact to my States Attorney Generals office via the phone and emails over my moms situation with BOA, non situation with Fannie Mae and the possible lawsuits. Again I hate to say it but I have little faith that the right thing will be done.

  • Tony Z March 22, 2011, 2:57 pm

    Question for all:

    When you initially filled out your Making Home Affordable application were you aware of or told by anyone that once you apply for a HAMP loan modification or refinancing, regardless if you are approved for a loan modification or not an escrow account remains on your account with the servicer????

  • Andrew B March 23, 2011, 7:39 am

    It has been a few months since I posted an update on my situation and it has not gotten any better. I was sent my final permanent modification papers the 2nd week in October 2010 and I had them notorized and overnighted them back to BOA the next day. Per there agreement, the modification was supposed to be finalized within 30 days. So month after month after month went by and finally I got fed up with it after no one at BOA wanting to help and reslove the issue, I filed another complaint with the OCC and it wasn’t until the first of the year, I finally got assigned someone at the Office of the President which drug on and on for almost another 3 months before my modification was finalized and I received my final executed signed documents back from BOA on 3-8-2011. This sounds great that it is supposed to be all over after 15 months of aweful terrible hell being in this loan modification process, but my account still has not been corrected. Per the modification agreement, they are supposed to waive all my late fees, fix my account to current, and also fix my credit. Those are the 3 things that still need to be fixed. No one at BOA has no sense of urgency to fix these issues and my 2nd contact at the Office of the President left to go to another department and no one has contacted me even after filing a 3rd complaint with the OCC. To make things great, I am getting 3 calls a day from BOA who is saying that I never made a March payment when my account clearly shows I have made all payments and BOA has not fixed my account so that is where the problem is. I am so tired of all the harrassment and no one at this bank wanting to assist and help the customer. I am seriously thinking about legal counsel if this does not get fixed but I want to see if anyone has had a similar experience and what my best route would be. All of these problems to save $70 a month. Someone please respond and let me know some suggestions and insights on what to do. Thanks!!

  • Ram Agrawal March 23, 2011, 10:29 am

    I am interested in filing a lawsuite against Bank of America for unreasonably denying my home loan modification, whom should I contact?I am resident of Pennsalvania.

    thanks

    RAM AGRAWAL

  • Amy March 23, 2011, 11:04 am

    Bank of America SUCKS!!!!! BEWARE!!!! Do NOT attempt a mosification with them! You ill end up in a lawsuit too! I’mfrom Ohio and just filed suit against them personally forthe Living Hell hey have put us through trying for a modification fr 2 years! They lost All of our papers, noone can helop me, not even the CEO when I contacted him! This isrediculous. Now they aretrying to foreclose on us instaed of helpin us! I have literally hours upon hours of tapped recording. Always record your phone calls with them! this Is lgal in Oho and is detremental in lawsuits against big companies like BOA. Without it’s our (honest) word against Theirs (lying bastards!) Good luck!

  • ERik March 23, 2011, 5:51 pm

    VIrginia resident here. I’m in on aclass action suit call me 6618029940

  • Florence in Illinois March 23, 2011, 10:15 pm

    IMPORTANT>>>IMPORTANT<<<<IMPORTANT

    As Don S, Pennsylvania stated: You must get a letter out to your State's Attorney General pronto…State your case, streamline your letter, and get it in the mail…if you email, you must also send it via regular mail. The more letters of complaint they get in front of them, the more armed they are to fight against these banks. Don't go into every detail…remember someone is skimming the letter for important info…Name, contact info, Bank info, Bank Loan #, how long you have been at the process. Take that same letter, change the name of addressee to: Your Congressman, State Representatives, Governor, Senators, and State Real Estate Regulatory Board. You just need one main letter and change the addresses…..and get it out to all those people. NOW….not next week…get off the blog and get onto your Word Program and type a letter. Google all the names you need in your area and get addresses. There are NO LAWYERS or LAWSUITS to help you. YOU must HELP YOURSELF!!!!

    I DID GET A MODIFICATION by doing just as I said above. Someone listened and took action on my behalf. It is going to cost you a little time, a few copies, and postage. YOU are trying to SAVE your HOME. Tell them that! Think like a LAWYER…just the FACTS…not every little paperwork detail that we all went thru. JUST DO IT !

  • Don S. - Pennsylvania March 24, 2011, 1:37 am

    Now THIS is interesting …

    youtube.com/watch?v=ppkniGDDSV4

    … and it’s mainstream information.

    • Tony Z March 24, 2011, 3:16 pm

      Don’t get too excited Don, Dylan Ratigan has been one of the few cable news bpbble heads who actually talks about the foreclosure crisis and the greatest theft known to mankind. Cenk Uygur also of MSNBC 6:00 pm EST, occasionally talks about these evil bastards, other then that, no other media bobble head on cable news or the MSM talk much about this.

      • Don S. - Pennsylvania March 26, 2011, 12:33 pm

        Oh, trust me Tony, you’re singing to the choir. One of the reasons I post things like that here is to spread the word. We only have each other in this, although we have a few like these that have the nerve to speak out. Until we “grassroots” folks reach a certain saturation point, it’s going to stay this way. This has become a top-down culture (imperialistic autocracy/corporatocracy), meaning the powers-that-be manipulate the structure from their lofty perches, as you would know. That’s exactly, precisely upside-down. They can only do that if the subjects of their tyranny stay in a slumber. Most people remain loyal to that structure either through “subliminal manipulation” or with bribes … a salary … food in their mouths and a roof … and they can be anything from county clerks protecting their jobs to bank employees just following orders to Sheriffs enforcing [immoral or improperly applied] laws to judges supporting a court system’s cash flow to lawyers who see homeowners as a cash cow. Most people don’t see ANY of that (or believe it could be happening). That’s the real war. This constitutional republic (NOT democracy) is supposed to be a bottom-up structure. Becoming un-hypnotized and relearning that ain’t gonna be easy.

  • Nicole March 24, 2011, 2:40 pm

    I think Bank of America wants to own the world. I started the home loan modification 16 months ago with nothing but hope at the begining. Nine months into the prosses I was told if I was not approved I would be responsiable to all the late payment and fees. I was denied twice, once for not getting them the proper documentation in a timely matter which is not true. I called every week and was told everthing was recived. The second denile was for the same reason and that I dont live in my home ( why would I try to save my home if I dont live in it!). They are just pulling reasons to deny me out of their a**. Now it is on month 16 and I am still waiting for a answer. My paperwork is with the making homes more affordable department AND the bank of america second look department. I have called for the status a number of times and they are soo rude. I have been asked if I am looking for a second job and also I have been asked if I have a extra room in my home that I could rent out to get caught back up on my payment. Sure I will just kick out one of my kids out of there room to make money to pay them back. I think bank of america is holding on to everyones paperwork for as long as possible so they get so far behind on their loan there is no way to get out and boa gets richer on forclosing on your house. I just want to say thank you bank of america for putting me through all this stress and not doing anything to help me and my family and taking everthing we worked so hard for.

    • Tony Z March 25, 2011, 4:06 pm

      It isn’t just Bank Of Anti America that wants to own the world, it’s also the rest of the big financial institutions in and around Wall Street, also multinational corporations, the oil companies, the military industrial complex, big pharma, big agriculture, the tobacco industry, etc, etc

      And guess what?

      With the help of the Federal Reserve, political whores in DC and around the globe, lobbyists corruptionists, a compliant corporate media, an increasing and alarming number of citizenry suffering from “Dumbed Down Syndrome” and the global central banking system, they already own the world and most of the worlds developed governments and the ones they don’t own or control are the ones who are targets for future military action.

    • James Russell March 26, 2011, 10:34 am

      YOUR RIGHT NICHOLE THE MODIFICATION PLAN IS NOTHING BUT SMOKE AND MIRRORS ITS NOTHING BUT A TRICK TO MAKE YOUR HOME DISAPPEAR RIGHT BEFORE YOUR EYES. I HAVE THE SAME EXACT PROBLEM IT STARTED WITH EMC TWO YEARS AGO DENIED BECAUSE OF MISSING PAPERWORK, THEN ENDED WITH ROB MORRIS A CHASE REP.I SPOKE TO ROB ON 3/23/ 11 WHEN HE TOLD ME THE BAD NEWS THAT I WAS DENIED AGAIN BECAUSE THE BANK WHO OWNS MY NOTE DOSE NOT PARTICIPATE IN THE MAKING THE HOME AFFORDABLE PROGRAM. WHEN I ASKED WHO DOSE HE REPLIED BOA LETS JUST SAY I WAS BLOWN AWAY BY THIS.ROB ALSO TOLD ME THAT I NEEDED 15,390 TO COME CURRENT WITH THE LOAN HE ALSO INFORMED THAT THE BANKS ARE LOSING MONEY ALL I HAVE INTO THIS IS SENDING IN PAPERWORK. I TOLD ROB HE COULDNT BE MORE WRONG I MORTGAGED MY HOME FOR 27,500 AND HAVE PAID 54,000 BACK ON THIS LOAN IT MAKES PERFECT SENSE TO FORECLOSE AND SELL MY HOME FOR WHATEVER ROB HAD NO REPLY TO THIS.I THEN CALLED BOA AND SPENT 45 MIN ON THE PHONE WITH THEM THEY DO PARTICIPATE IN THE MAKING THE HOME AFFORDABLE PLAN BUT COULD FIND NO RECORDS OF OWNING MY NOTE OR DENNING ME A MOD LETS JUST SAY AT THIS POINT IM LOST.BOA DID SAY THAT IF THEY DID OWN MY NOTE AND MODIFIED IT THAT I WOULDNT BE ABLE TO AFFORD THE PAYMENT ANOTHER SHOCK. I THOUGHT THIS PROGRAM WAS ABOUT MAKING THE HOME AFFORDABLE NOT UN AFFORDABLE AGAIN NO REPLY . IM GOING TO FIGHT TILL THE END HANG IN THERE NICHOLE HOPE IS ALL WE HAVE LEFT I WISH YOU AND YOUR FAMILY WELL.

    • Leo T April 1, 2011, 1:47 am

      My wife went through the same thing. My wife and I are currently moving out to live with family. BOA is hartless. Hope there merger went through spending that relief money.

  • elke schwartz March 24, 2011, 5:23 pm

    I have been dealing with Bank of America and the HML for a year and a half. They have increased my loan from 1550 to 2100, because they had to add an escrow account to the loan. I have been paying 1330 during the trial period. I was told that is all I had to pay until they approved or declined me. I was approved and then a month later when I called a month later they told me that they had approved me an error. I wouldn’t even have known unless I had called. I then was told that because it was their error that they would put me back in the program and let me know. That has been six months. I am now 10,000 dollars in debt to them, when I didnt owe a dime to them before. I really don’t know what to do. I have a three year old child. I am a teacher and I have an unemployed husband, who is lucky enough to bartend a couple months of the year.

  • Florence in Illinois March 24, 2011, 6:21 pm

    http://abclocal.go.com/wls/story?section=news/local&id=8032868

    LOCAL STORY ON ABC7NEWS CHICAGO ON THURS
    MARCH 24,2011…..PROTESTORS IN DOWNTOWN CHICAGO
    AT BANK OF AMERICA.

    LINK ABOVE.

    • Don S. - Pennsylvania March 26, 2011, 12:04 pm

      Interesting that it’s being “reported” by a major television news syndicate on a local channel and there’s no video.

  • Ronald Smith March 25, 2011, 4:22 pm

    We paid for seven months and thought we had modification but we were denied and now we are in foreclosure and they won’t take off the forecolsure fees and all of extra charges that they added. We want to pay off loan but they have added so many fees we can’t pay them.

  • Don S. - Pennsylvania March 26, 2011, 12:58 pm

    Nicole, James, Elke and Ronald …

    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/

  • K. McClure March 29, 2011, 9:06 am

    I applied for a Mortgage Modification initially in June 2009. I should have been approved for a Trial Modification by September 2009. BAC made a mistake in my paperwork which started the process over (2nd time) in September 2009. I was approved for Trial Modification in December 2009. After making 5 trial payments BAC denied me in May 2010 stating I did not make payments. In September 2010 (after much fighting) I was granted an appeal and the process was started again (3rd time). In November 2010 I was finally approved for a Permanent Modification – but after 18 months of fighting I now owe $14,000 more on my mortgage (deferred principal) which would not exist if the Modification had been approved the first time. I believe BAC does this intentionally. Now my $244,000 mortgage has become a $258,000 mortgage while the latest assessment has the value of the property reduced to $234,000. The balance on my mortgage should be taken back to what I owed in September 2009.

  • Tony Z March 29, 2011, 1:22 pm

    To Don and others:

    Does it seem that the “escrow account” that the servicers add to the mortgage once you apply for HAMP, seem to be one of the traps that forces homeowners into foreclosure?

    My mom owes $2,450.00 in escrow. If she were to attempt to opt out of HAMP she would have to come up with the $2,450.00 negative balance in the escrow account. And she would still have to go through a lengthy process to do this.

    Earlier I mentioned that a Fannie Mae representative had contacted my mom and in error I said that Fannie Mae was taking over the process from Bank Of Anti America.

    I talked to the guy yesterday, he actually works with the US Treasury department and is working in conjunction with Fannie Mae to help my mom’s MHA process along.

    He really was helpful but basically powerless to to anything, my mom is now at the mercy of Bank Of Anti America. Her original monthly mortgage payments were $840.00. With the trial period which starts this month, her payment went up to $1090.00 because of the escrow account. Today she received a brand new monthly bill from Bank Of Anti America for….$1116.00.

    Now, if she was having problems making payments of $840.00 a month how exactly does Bank Of Anti-America think she can make monthly payments @ $1116.00 a month?

    • Isabel S - Florida March 30, 2011, 1:31 pm

      Toney, I know exactly what you mean! Bank of America is giving trial mods payments that are substantially higher than the original monthly payment. Then they will give you a permanent higher payment than before. It doesn’t make sense, right? It doesn’t make sense to us but it makes perfect sense to Bank of Destroying America! They are setting us all up for failure. We will not be able to make a higher payment and they know that. Our homes are worth way less than before and it is not worth paying a much higher payment that we cannot afford for a house that is not worth what we originally purchased it for. Bank of America knows exactly what they are doing. This is also called: FRAUD!

      • Isabel S - Florida March 30, 2011, 1:32 pm

        Correction*** I meant “Tony Z”. Sorry

  • Isabel S - Florida March 30, 2011, 1:22 pm

    Sahar, as a mother it truly breaks my heart when I hear what happened to your daughter due to Bank of America’s henchmen. It truly disgusts me that these criminals are getting away with it. I truly admire your efforts by going Pro Se. It is extremely hard. I should know, my husband and I are also fighting this diabolical monster (Bank of America) on our own. We filed a lawsuit against Bank of America in Federal Court in Central Florida in December 2010. If you would like to read more about our case, please feel free to go to our website: http://www.bankofamericastinks.vpweb.com. There you will be able to access our press release and a link that will direct you to our pleading filed in court. Bank of America has also destroyed my life. The amount of stress I endured because of their abuse was so overwhelming that I was destroyed emotionally and physically. My autistic children are also suffering the consequences of having an emotionally and physically harmed mother. I am limited in what I can do now. I had a very active life with my children before this all happened. Of course, I have days that are okay and days that I cannot even get out of bed. I can truly relate to your situation and would love for you to contact me at Isabel-1229@hotmail.com. Again, I am truly impressed with your strength and I really hope that you can continue to find the strength to beat these criminals. I am sure you are fighting for your daughter like I am also fighting for my children.

  • Edwin -Pennsylvania March 30, 2011, 3:09 pm

    Who do I contact for the Class Action Law suite in Pennsylvania

  • Kris March 30, 2011, 5:25 pm

    I have been waiting for 2 years sending and resending same thing happened to me how do I sign up for this?? In fact they raised my morgage amount at a time when I clearly needed help…I even did a timeline in two year and just recently found out that they admitted that My case sat around and never was assigned to a underwriter after I was told it had close to a year ago..I talk to a total of 25 different people and not one knew what was going on..please let me know how to sign up!!! Finally I do not feel crazy…They told me they did not get my paper work 3 times I faxed a 75 page document 3 times to them..

  • Joanne March 31, 2011, 2:57 am

    Help! I applied for HAMP back in 2009. I am retired and live off of my monthly social security retirement check and my interest only mortgage ended in January 2010, so my monthly payments increased to $759.00 a month. I qualified for a modification but have been jerked around this hole time. Here is where my nightmare begins.

    I couldn’t pay my last half of last years property taxes. Bank of America was aware that I might not be able to pay it. They ended up paying it in February, $1424.00 plus they paid $771.79 for 10 months of this years homeowners insurance and $266.01 for 3 months of homeowners insurance in 2010.

    I just about died when I received my trial period payment coupons. Not only did my monthly payments jump up to $1,048.00 but I also received a seperate bill for $549.00 for an escrow payment.

    So I’m expected to come up with $1,597.00 by April 15th. I cannot come up with this type of money. I have tried to call my negotiator to no avail. A Bank of America rep on both Monday and Tuesday said they would email my negotiator and her supervisor to make sure she contacts me, but I’m still waiting.

    Can’t they spread out the money for the property taxes and the escrow account so I can pay closer to what I was originally paying? I know I screwed up by not paying my last half of last years property taxes but they were circumstances beyond my control. Have they trapped me?

    It just seems strange that they finally send me trial period payments after almost two years of the run around, like they waited until I couldn’t pay my property taxes. Please, any suggesions would be helpful. I can only make my original payment of $759.00, what would they do if I did that instead of paying the $1,597.00? I haven’t signed any agreement for the trial period, if there are any?

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