Homeowners File Class Action Lawsuit Against Bank Of America For Allegedly Failing To Modify Troubled Mortgages
A class action lawsuit was filed against Bank of America in U.S. District Court, Western District of Washington (Seattle), No. 10-00488, on behalf of homeowners alleging that Bank of America reneged on a promise to modify troubled mortgages as a condition to accepting twenty five billion dollars of federal bailout money, according to a class action news report at news.yahoo.com/s/nm/20100323/us_nm/us_bankofamerica_mortgage_lawsuit.
The Bank of America class action lawsuit reportedly alleges that Bank of America agreed to take part in the U.S. Treasury Department’s $75 billion Home Affordable Modification Program (HAMP) since it accepted bailout funds from the Troubled Asset Relief Program (TARP), but allegedly had an incentive not to modify loans because doing so might cause it to repurchase more loans, collect lower servicing fees, or assess lower default charges because fewer payments would be deemed late.
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After BOA took over the mortgages from Taylor Bean &Whitaker I stayed in contact with both companies sending all the papers and verification to them , for them to tell me they didn’t receive it, and I sent it back in their prepaid FED-EX envelops. When I call to verify that the revived my paperwork it was oh yes give us 90 days 120 days to process. So, they have no intention to help anyone is the way I fill..
Dido, I have the same issue. Over a year and BofA still has not processed a modification. They have made error after error. I really think Bof A has no intention of helping anyone.
Bank of America is one the worst mortgage companies out there. For months we have been jumping through hoops trying for a home modification and once we jump through them they throw up more and then they say there are options out there for us. A, we can put our house up for a short sale ,B.come up with the back payments or C, voluntarily give it up to foreclosure , some options.We need to get involved with a class action lawsuit.
I have been jumping thru hoops every since Wilshire Credit Financial Services transferred my mortgage to BOA March 3, 2010 going thru NACA as the advocate/negotiator on my behalf. By December 2010 BOA declined all affordable mortgage payments proposed by NACA then proposed a counteroffer of the same payment without providing any loan docs with details of loan (all follow-up done online/ph contact after meeting with BOA servicer at NACA convention). BOA never responded to any phone calls while NACA was suppose to be assisting. By February 2011 BOA cancelled “modification” without sending loan docs for my review. Still fighting BOA finally sent prepayment docs doubling monthly payments (3704) as of July 2011 and lumpsum payment of $86,073 due Jan 1, 2012!!! Not a modification!!!! I want to fight this!!!
Sounds All to familuar…We (Wife & I) have been in the modification for 14 months to modify a home the BANK say’s is worth $ 441,000.00 when the exact same home two door over SOLD for $ 236,000.00 and told to send in every document possiable so that they could modify the loan. Well, ALL doc’s were sent to get a better payment and a principle reduction, they would tell me that they NEVER received the documents, only, I had the email from the bank saying “Thank you for providing all your documents, we will be in touch” and then, they would TRY to say we missed a payment, again, only thing was I sent our payment in with their (B of A) PRE-PAID FedEx package and I REQUESTED “Signature” for each payment sent in our “Trial Modification” to verify payment was received and when I told them WHO signed for it it was a “Were sorry sir, your back in the modification review” and “please allow us additional time to complete our review and we will get back to you”. After the review period, we received NOTHING from B of A, and then we just come home and see a “Notice of Forclosure” attached to our door and the FIGHT with them to resend the forclosure was a mess , and all they do is postpone the forclosure sale dates and then SELL YOUR HOME FROM UNDER you !!!! AFTER THEY SAY we got the response from the investor a day late and their’s nothing we can do. Now, we have to move from our home of 4 years, and I WILL NEVER DO BUSINESS with such a DISTRUSTFUL bank who treats their clients this way. If there is a class action where the PLAINTIFF’s benifit’s and NOT ONLY the lawyers (Dont get me wrong, Attorneys need to be paid also) please advise me and I will join in .
I have same situation, Just make last trial payment, I lost all hope. I am loosing my house, My dream, NEED A LAYER TO REPRESENT ME IN A CORT, HAS A TONS OF DOCS, RECORDINGS, LATTERS WITH DIFFERENT REGULATING BANK INSTITUTIONS.
PLEASE HELP
SASHAS90046@YAHOO.COM
I also was with Wilshire and was transfered to BOA. I have been going through the same problems ,, lost paper work , for 1 1/2 yrs. now still fighting …..I am NOT giving up
I am dealing with the same thing; BAC Home Loans has no intention of modifying my mortgage. It’s such a scam! They have strung me along for 10 months, still not even an offer of a modification trial period though I did everything they asked from day 1. All the while they are continuing the foreclosure process. I received a letter from an attorney last month saying they intend to sue me on behalf of BAC for the balance due.
It’s also frustrating to find people on the internet that I could join forces with, but not be able to access contact information for them! My email is elihab@ymail.com
Ex-Colonial Bank Orlando executive gets 8-year prison term for mortgage fraud: http://www.orlandosentinel.com/business/os-former-colonial-bank-exec-sentence20110617,0,964807.story . Let’s see what happens when it’s Bank of America CEO Brian Moynihan and Home Loan President, Barbara Desoer’s turn to serve some prison time. As I have said many times before, try to file your lawsuits in Federal Court. Better results and these criminals are held more accountable.
Excellent!
Antony, Gloria, Maria, Tammy and Michael …
Please see my post to Ann, Edie, Tim, Cynthia, Saundra, Quinn, Rina, Fernard & Elinda, Dametra, TG, CM, Mallen, Joe, Lynne, Andrea, Kori, Junge, Judy & John and Mark on the previous page.
Simply click on “Previous Comments” in light blue at the top or bottom of this column.
We have been in the loan mod system for almost 2 years now. BofA has been so bad to work with I don’t even know where to start. The last situation yesterday was that my modification got approved by the “investor” and my mortgage payment was going up $900 per month. I have a fixed rate mortgage. They tell me I can afford a $3600 payment??? By the way, my house has gone from a value of $530K to $285K. Great bank.
We have been trying for over a year now with Bank of America for some kind of loan modification ,They want us too come up with all the back payments plus other cost. but will not reevaluate the actual value of our home We owe 285 on a home that is worth 185, nothing but your in foreclosure but no sale date They are the arm pit when it comes too helping those trying too get back on there feet can any body help us out or give us the correct advise. Rick in NJ
This bank is a joke. They all are but Skank of America takes the grand prize.Over the past two years, we have been through four home loan modifications–each one denied on a technicality. Of course, they never tell you what the technicality is or what the so-called “missing document” is. If we had not called several times to several departments, we would have never known, for example, that the reason for denial #3 was that “The IRS declined to give us your tax statements for 2007/2008.” Yeah, that’s because Skank never mentioned that we needed to fill in a form authorizing the IRS to do so. Instead, I spent my time and money crossing Ts and dotting Is, mailed them tax statements they said they couldn’t get from the IRS, but oh wait, they forgot to say that it has to come directly from the IRS. These are the most incompetent, sneaky, deceitful people I have ever dealt with. They even continue to send statements to my mother who died two years ago. Now, we’re initializing a short sale and they are pushing our eligibility for the HAFA program while at the same time, sending us letters saying we don’t qualify for HAFA. All I can say is, whatever they ask for, ask the next question. Because their stall tactics are very cleverly disguised as “helpful.” This president’s plan for Making Homes Affordable was obviously not well thought out. There is no accountability on their part and the Administration does nothing to hold them to it. These bankers should be in jail AND pay heavy penalties.
“New Forum Helps Consumers Fight Back Againts Bank of America”: http://www.topix.com/forum/com/bac/TF3BT3HJ7MHFI7RUL. We need to post our complaints and be heard everywhere!! These Forums are obviously being viewed by Bank of America themselves and others which might include judges, regulatory agencies and other government officials. Let your opinions be heard!!
Isabel …
Not so sure about that one. I tried to make a post on it, and it did not appear. Then I noticed that the most recent post visible was from April 8, 2010.
One has to wonder if the banks are “getting to” some of these forums. Strike that … they probably ARE. Remember, the banks have thousands of employees squatting in their cubicles day in and day out vying for a raise … and management does all it can to squash dissent and resistance. After all, dissent, resistance and homeowner education on the facts of this situation cuts into their profits.
They likely feel totally justified in squashing free speech by any method since their goal is profit, and not ANY form of homeowners’ rights whatsoever. In their eyes, no Constitution, Declaration of Independence, Bill of Rights (or even statutory law) exists … only their desire to suck you dry of every penny of your home’s equity.
Morality, decency, compassion, understanding, sympathy, empathy, justice and every humanitarian sense of right and wrong EVAPORATE into thin air in their minds in this situation … in the name of profit for their executives, boards and stockholders … and paychecks and raises for themselves.
Start with THAT in mind, and you have a chance to learn how to fight this thing.
Saint Louis ,Missouri I will like to know the information on filing class action in my state.I was told after the 5th applicationthat they could not find my paperwork and that i could not do a mod. because i recieve unempolyment but this was the 6th application what is going on now my sale date is here what can i do .I contact another company to help they ran off with my money .WHAT CAN I DO PLEASE HELP….
How can I join in the class action lawsuit concerning Modification foul play by Bank of America. please respond.
I am in too
PLEASE EMAIL ME YOUR EMAIL IF U WNT TO JOIN CLASS ACTION ..!
ME TO SASHAS90046@YAHOO.COM
They said i missed a pmt in may which negated our modification when i got a copy of the may pmt i sent in they said it went to an INVESTORS FEE? What is that?
BOA are crooks!
I had called BOA to inquire about the modification program, they said they would send me the forms and it would take up to 45 days to receive them, long story short I never received them for over 3 months, not until they raised my mortgage $400 a month, I asked what this was they told me as I applied for the modification it was mandatory that every thing goes into escrow and told me to get a refund from my home owners insurance company, NOT! So I continued to send in normal mortgage payments and the started to get late payments for the balance, I have never been late on a payment and now my credit is down to poor when I had almost excellent credit 🙁
Now after they have ruined my credit I then start getting the paper work in the mail to file for the modification program, why bother I have bad credit now, so I just quit sending in my normal payments and hired a attorney to sue them, this is NOT right!
BOA, I WILL NOT SIT BACK AND LET YOU RUIN WHAT I HAVE WORKED SO HARD FOR!!
Bank of America had no intentions of ever helping us. We have jumped through so many hoops and sent so much paperwork and our “negotiator” is a bold faced liar. They put you off until the last second and say “the guidelines have changed” after they told you that is what they are going to do. Also, “we dont have a decision from your investor yet” BS. If you are reading this and in a “modification” situation with them they have told you NOT to send payments…well you better send them anyway. Send them and if they send them back you can show an attorney. Send everything you can and document everything that happens cause the will screw you over bigtime. They stall and stall then get you. One department doesn’t know what the other department is doing. Its a joke and I will be so thankful when somebody busts them wide open.
Rick, Claire, Sharris, Betty and Louise …
I would STRONGLY recommend you read the previous pages of this forum to learn a bit more about this situation and how to fight for your home. For the previous page simply click on “Previous Comments” in light blue at the top or bottom of this page.
It’s particularly important for you to understand that’s there’s no lawsuit simply to sign up for, particularly on this web site. That’s on top of the fact … as we talk about here on the forum … that class action suits are not necessarily the best way to call the banks into account.
I’m just another homeowner like yourself and came here last year with the same misconceptions. There’s a lot to learn. Thing aren’t what they seem, and things don’t really work they way we’ve been told they do.
There’s a list of items I’ve compiled that you may find helpful to move your case along. It came about from the many posters here on the forum who have been researching and learning how all this really works. The list is here …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
And a story that helps you understand what’s going on is here …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Yes, it’s going to take a little time and effort on our parts to learn about and fight this thing. THERE ARE NO HEROES … and we have to be our own heroes.
To Ms. Williams from St. Louis, I feel your pain. But there may be a way to at least postpone the auction of your home. You must contact either your state or local HUD (Housing and Urban Development) office or call the Bank of America Short Sale Department (the number is 866 880 1232) and explain your situation. I don’t know what date your house is set for sale but if it’s at least three weeks to a month out, a good, honest realtor (I know they’re hard to find) who specializes in short sales can get on the bank’s special little insider EQUATOR system and put the auction off until a later date. THERE IS A LOT OF PAPERWORK and you have to do it fast–BEFORE THAT SALE DATE–so you may need some help because one little missing signature or initials or one missing document can cost you. You might also want to go on-line and look for HAFA Relocation Assistance Program to see what realtors in your area specialize in this U S Treasury-sponsored program. This might buy you even more time.
I am sorry you got caught up with a fly-by-night lawyer or realtor or whoever said they could help. Trust but verify is always the best rule.
“I suspect everyone. I suspect no one” are the wise words of Artur Conan Doyle who wrote the Sherlock Holmes series.
I completely agree with you Don. Form personal experience, I tried to post a negative article on Bank of America’s Facebook Page and it was blocked. It did not allow me to post certain articles to their page. I am more than convinced that they are capable of every illegal trick known to man and that they are a MAFIA!
You may be closer than people think. The origins of BOA are from the 1906 SF earthquake. A little Italian gentleman took his money home to hide and then when all the other banks were down he loaned money at a bookies rate. His bank was called the bank of Italy. In the years to come the name was changed to BOA so people felt more comfortable. this info was from a documentary on tv. But on a personal note the Mafia may be better at keeping its word.
Wow! I didn’t realize how many people have the same story as mine. I honestly thought what I had gone through with Bank of America was a fluke. My husband and I separated 2 years ago and I was struggling with the payments so I called and discussed modification before my payment was every late. I spoke to a lady who seemed very reassuring and after an hour or so, she said that I was an ideal candidate for the modification. She gave me a temporary “reduced payment” that I would need to make because “if I made the full payment, they would deny my claim because I was able to pay it”. Yeah, that was the advice given so I did what she told me while I waited for paperwork that could take “3 months” to receive but I never did get. I called again, talked to 10 different people who said they never got my paperwork so they closed it. Well, I told them I never got any paperwork so they said they would send it again. No luck and no paperwork. On about the 8th month of my “reduced payment” they would not accept it because I was now a full 3 months behind and in foreclosure. After I balled my eyes out and got myself together, I got MAD! I now owed not only 3 full payments but an additional 2500 in lawyer fees! They wouldn’t accept any payments at this point because of the foreclosure status so I put back every dime I had until I received my actual notice of forclosure. I mailed them 6000 dollars and they held it for 2 weeks and returned it to me because in that two weeks “an additional 100 of interest accrued”. I lost it and threw a big fit on the phone saying I was gonna get a lawyer because something didn’t sound right. I had jumped every hoop they put before me! They put me on hold then waived all attorneys fees and I overnighted the payment of 6 months at this point. One week later I received paperwork for the modification and laughed while I tore it up! This has consumed the better part of a year and I’m finally done. My credit is ruined but at least it didn’t end in foreclosure. Bank of America is a sad excuse of a bank, I did not choose them, they took over my loan.
Check this out! This poor elderly, retired man from Tampa, Florida went on vacation and came back to a home that was empty and padlocked. His home was mistakenly foreclosed on. These bastards even took pictures of his deceased wife. Guess who ordered the foreclosure? You guessed it, Bank of Stealing America!! These people need to be stopped. How many more victims have to be robbed before they are stopped. C’mon!! http://www.tampabay.com/news/courts/civil/tampa-retiree-says-he-lost-belongings-in-foreclosure-blunder/1177248
ProPublica wants you to share your story if you are going to be or have been a victim of foreclosure. Let your voice be heard!! “Homeowners, Tell ProPublica About Your Wrongful Foreclosure”: http://www.propublica.org/article/did-your-bank-wrongfully-seek-to-foreclose-on-you-did-you-lose-your-home-to. Lets flood them with our “horror” stories and get some attention. Remember, we need to make some noise!!
I’d HIGHLY recommend anyone affected by the foreclosure situation fill out this form and report your experience. Isabel is right. Regardless of who is reporting, we need to keep up the momentum.
I did a capitlization modification last Aug.2010 . Noterized papers, sent them back with a check and have been making the payments every month. Got a call in Feb. a small math error on documents and wanted to know if I had recieved the new Fed Ex. No I had not and it never came. The payment went up $4.00 no problem. I owed $13000.00 in interest that they also had put onto the end of my loan.
Last week I got a call saying that because I never returned the Fed Ex package that was suppose to arrive in Feb, that never did, I was still in Intent to Accerlate Forclosure, and now I owed $18000.00 in interest. So they make a mistake in the math- then they made a mistake in never sending new documents ( which should have had a tracking #) and they are penalizing me $5000.00 . SOMEONE HAS TO STEP UP TO THE PLATE AND STOP THIS. THERE HAS TO BE THOUSANDS OF US. MAYBE WE COULD ALL PINCH ON A AD
LETTING AMERICA KNOW WHAT BOA HAS DONE TO AMERICANS AND ASKING FOR EVERYONE TO SWITH BANKS. MY E-MAIL ADDRESS IS bbarkslot2@charter. if anyone is interested.
OMG! I hope this doens’t happen to me. BOA sent me a package that I executed and sent back to accept there fixed rate offer. I received another package in the mail that there was a calculation error on the documents previously sent to me and were no longer valid. I had to re-submit the documents by the deadline. When I called them about the correction on the interest rate (5.25, the correction 5.125) they do not have the letter on file. I’m now on my 4th payment. So my question is do I even have a a valid modification. I’m starting to get worried reading all these comments, especially this one. My monthly statement only reflects the fixed rate that was originally offered, but not the corrected 5.125%. I’m wondering if I should start seeking legal advise.
What about power in numbers…what if we start to picket BOA branches?
And start calling the White House to complain?
I m in the same boat since febuary 14,2010 I been in a modification after been approved . For a loan mod old payment was reduced to 1,551.60 with was less then half of what I was payin . Made my trial payments and the only way I can get them there payments is to wester union the money . They call me every day 3 times a day sayin I’m in a forclosure and I need to come up with the rest I tell them over and over and over I m in a loan mod please check your files and please have Brian from the revision department make a return call it’s getting out of hand. Today a contractor for BoA came by to take a pic . It makes memento to my stomach that after I payed a lump sum of 22.000.0 dollars to get me on a loan mod they can’t get there paperwork straight , I need to find out about the lawsuit I want in!!
During an attempt to try for home modification I sent all documents. Then my husband was in a near fatal car accident and left me. I then tried to apply again under my own name. I was told I could not apply, but needed to be “prequalified” by their own collection agency. Is this sex discrimination and general dynfunctional discrimination since I’m a self employed writer and a woman. I wonder if other women made this inquiry and were also shut down before they had a chance to pusue a loan modification and thus their options. I now have my house on the market, due to pressure and feeling I have no place to turn. I had the same problem with documents. I would send and they would say they were missing something and dragged this out during my husband’s prolonged recovery adding to this horrible ordeal.
We too have tried modification three times with Boa. Every time some paperwork is missplaced an dits our fault some how. I even contacted the atty general and they contacted the CEO of boa. She assisgned a negotiator an dhe ever returned my calls. I enrolled with Freedom Legal and now have an attorney fighting for me. He is armed with a forensic loan audit but I feel its a lost cause as I received a letter from BOA stating that we have until Juy 8 to get all paperwork or our account will be closed. House will be stated for sale. 3 years of bullshit and lost lawyer fees. I will update as soon as I hear the final word. Meanwhile i better start looking for a rental!
We had country wide then BOA took over. Our 1st mod took over one yr to complete. once that was done, we attempted our 2nd when BOA started to handle it. they kept telling us they were sending us documents to fill out and send in. after several months of not getting anywhere finally reached someone that said i can find the information on their website and fax it in. It was over 6 months of calling and being redirected all of their departments to get no where. One department would tell me they are working on it and it is sitting on an underwriters desk. Another department would tell me they no longer had my file and then finally someone told me its just sitting there, “but we have your file” and now they want updated information. They give you the run around so that they dont have to help anyone. And on my 1st mod they said for their paperwork purpose my account needed to show that I was late to assist me. However they failed to tell me they will report it to the credit bureau. Now after one yr my credit report shows I was late for four months when I have proof that we weren’t. We are getting ready to walk away since no one is willing to help us.
Is there a class action lawsuit yet? who do we contact?
I can completely agree with everyone here!! I am working with a company/lawyer that has been helping me in this, but I have really gotten no where after already paying them 2000.00. and sending in document after document….last payment isn’t due with them until we get a loan mod..so I feel it is legitamate. We just got denied for HAMP cause they wont accept unemployment as income. My husband was unemployed for 6 months..he just got a new job..and now we make more than the 31% for our first mortgage..but we have a second that puts us over… both loans with BOFA. Now we need help with a mod. doing something with the 6th monts of back payments and to help with making our second mtg. a fixed rate..which we never should of been approved for in the first place…they did a balloon that we can’t afford….which they said we will be fine …just refinance in a couple years..yeah right..thats not gonna happen>..we were with Countrywide. They shoulda never been able to have those programs!! ugh!! After being denied hamp WITHOUT THE NEW JOB… THEY SAID THEY WOULD CONTACT US IN 10 DAYS!! HAVEN’T HEARD A WORD… NOW IT HAS BEEN MORE THAN 20 DAYS!!! tHE LAWYER CONTACTED THEM AND SAID DON’T BOTHER SENDING IN THE NEW PAYSTUBS CAUSE NOW YOU HAVE TO WAIT FOR THE LOAN TO BE REASSIGNED!! WHAT? nOW WE CAN’T CATCH UP DON’T HAVE ACCESS TO OUR LAON ON LINE AND NO BILLS ARE BEING SENT..wHAT SHOULD WE DO??? SOOOO DISHEARTENED WHAT THIS COUNTRY HAS COME TO!!!
I have ther same problem with bank of America on 6/10 I sign documents for the loan modefication and was making my payments onn time 6 months later they send me another package with new loan modefication, I call them and told that they did not have anything on file, I the payments that I was making were not been applied.
Leticia, DD, Melinda, Bleukiena, Alexandra, Art, Lisa, JD, Billie and Catherine …
Please see my posts on this page, as well as scanning/reading back over this forum for other peoples’ posts. The most critical thing I try and say is …
… EDUCATE YOURSELF …
… on how all this works. What we are raised to believe isn’t necessarily what’s true.
Remember, these banks spend hundreds of millions of dollars researching to find out how best to profit. Not only do they employ thousands of lawyers (when we have little access), they also employ sociologists, psychiatrists, physiologists, economists, marketing specialists and a whole slew of “professionals” to learn exactly how far they can push us to get that profit.
Make no mistake … none of this is a mistake … or incompetence. They know EXACTLY what they’re doing.
The mere act of applying for a mortgage modification (in my opinion) TARGETS YOU as someone who can be taken advantage of … and the carefully contrived system of confiscating your home for profit kicks into action … or they tack on fees and charges to your principal they normally wouldn’t be able to collect.
Moving out under the pressure is EXACTLY what they want. They’ll wear you down, building charges, fees, unpaid taxes, burying you in even more debt, driving you out, so they can turn around and collect from insurance companies and the government, as well as stepping in at your house’s auction, buy it, and turning even more profit on the resale.
This is ALL ABOUT THE MONEY … and nothing else.
Like it or not … moral or not … legal or not … America’s corporations … not just banks … have become ONLY about profit and nothing more. They are not here to “service” you and provide you with a home. The sad fact of the matter is that their management, boards of directors and stockholders demand only profit … at any cost.
Learn how to fight, but learn with THAT fact foremost in your mind.
My son is paralyzed due to a wreck and has 3 children, Bank of America is going to put him out of his home. They gave him 5 days to come up with past due moneys or they are going to foreclose. This is after he has been trying to work with them to get a modification. They also were suppose to be working on someone elses home modification, and all of a sudden the people find a notice on their gate that their house was fixing to be auctioned off and was. As for as I am concerned they are the Bank from hell. I can not sleep worrying about my son and his children. I usually can help, but our work has been slow due to the economy.
Don,, I get what you are saying…This site is just a place to complain..There has to be something we can do collectively…we need to fight this together there is an election coming up we need to start giong after our elected officals and threaten their JOBS…..If something isn’t done against these banks….
Lisa …
I say – “Complain less and act more.”
… although “awareness” is the first step.
It’s almost as if the American public is being fed a “complain pill.” We gripe, but don’t act. Fortunately, some do, which is helping this reach the forefront.
It’s easy to see that the banks depend on people staying fragmented (and ashamed and afraid) not being able to organize, when they’re all talking to each other to move their agenda forward, as well as pressing their agenda forward with these agencies and politicians.
It would be nice to be organized, and plenty have tried it with some success, but even if all we do as individuals is individually keep in contact with these agencies and politicians, it may be enough, particularly if those individual numbers add up.
Writing and calling these agencies and politicians … you, yourself … as well as having your friends, relatives and co-workers do it … could have a tremendous impact. It doesn’t necessarily need to be an “organization.”
“We the People” already have an organization … the Constitution, Bill of Rights and Declaration. We just have to use them like they were intended … to speak out and be heard.
But we’re obligated to do the speaking or they don’t work. Cowering in our homes, fearful and ashamed, keeps that very noble mechanism from working … which is what the corporations, banks and power-that-be really want.
“Shut up and do as you’re told.”
This is the real war.
http://www.nytimes.com/2011/06/29/business/29mortgage.html?_r=2&hp
1. I’d like to know who is getting this money.
2. Ok, so this “gratifies” the investors that were sold a bill of goods with bundled commodities, but what about the homeowners that were attacked, vilified, demonized and financially destroyed … thrown into the streets … by the profiteers?
3. These billions in so-called settlements sound like serious money, but in the scheme of things, it’s just a slap on the wrist to their years of predatory profits. “It’s just business” doesn’t cut it anymore. “We-don’t-care-how-you-get-the-money-just-get-it” is NOT (and never has been) morally acceptable … or legal in most cases. The bad news for a-moral stockholders, boards and senior execs is that it’s time to pay up for tipping the scale WAY past “just business.”
4. Settlements? What happened to being called into account for your actions? Has simply writing a check become the sole solution for a-moral or even criminal behavior?
After reading the remaining posts to this website I am sick and realize how fortunate I was. I got a permenate modification from BOA. however after seeing the cost of bankruptcy I hired the Residential Law Center in San Diego. It is impossible to tell anyone how much they helped. yes they cost, but it was less than the bankruptcy. They said to inform BOA every time they called I had hired an attorney and give them the number. the phone calls stopped and 2 months after hiring them the permanate papers came. They were great to me and the answer to my prayers. I dont know if they have offices in other states or not. I got them off the internet at home recovery.org. the toll free number I have is 1-800-951-0744. I hope I maybe helped someone.
We filed for a loan modification because my husband was injured and had to go on permanent disability. The process took almost six months of paperwork and conflicting requirements. Upon submitting all required, not only were we denied, but our payments went from $1698 to $2065 because they said by law they could now require us to include our taxes in our mortgage payment as opposed to us paying them bi-annually as we have for the past 7 years. When we called requesting that they remove this extra impound payment, they refused and stated that they were within their legal rights.
IF ANY LAWYER WOULD LIKE TO PURSUE THIS CASE, PLEASE REPLY.
BTW, we were denied because they said that they did not consider it to be a good investment on their part due to the value of our home based on what we owe. They further stated the did not believe that we could repay which is ludicrous since even a slight interest rate tweak from our 7.5% would have made it manageable. We have been forced to move out and rent it having to come up with over $800 each month just to cover the difference.
What a bunch of crap!
have been threw two workout modifications, i am now stuck in 9.99 % interest rate, after coutrywide added 30,000 to the end of our note, Just asking boa for a list of there policy changes, in writing so i can figure out what our next move is, stayed on phone with boa for more than three hours, getting bouced from home retention team to customer service, talking to boa is a daily process cannot get any answers from them, have had 2 modifications in 3 years, now boa is telling me i am not eligable for a modification because there policys have changed.
Same issues. How can I get involved in a class action suit against them? Any advice what to do?
I had Countrywide, now BoA, I’ve been trying to get loan modification going for over a year. In October, I asked them to send my the numbers they used to calculate my rejected modification and ALL the numbers are wrong!! (I just got the numbers this June, 8 months it took them!)
I jumped through hoops for over a year to do a home loan modification through the Making Home Affordable program with Bank of America whom aquired my mortgage when they bought Countrywide. I gave up .
This year I got pre-approval for another home loan through Bank of America and again jumped through hoops for over three months, and just today was told I was declined for flse information on my application, which is not true, and I have the proof. What do I do from here. I am so tired of this.
Same here. They sent me the paperwork for modification with their pre-paid Fed Ex envelope. I filled everything out as requested and sent the paperwork back. When I called to check the status, they told me they never received my paperwork. So they sent me another package with the same paperwork and did it again and when they received it, told me that I they need more documentation and proof. Don’t think they realy care for their customers.
I finally just gave up. After a divorce left me to where I could not afford my home, and so many times of sending that insane packet in to everyone and their brother I just couldn’t take it anymore. I sent the packet first to Taylor Bean and Whitaker before they went under, and then the next week found out they had sold my loan and B of A never got anything and they didn’t even have my social security number. Every time I called them I had to explain to them that I had gotten the house in the divorce and that I didn’t know my ex husbands social security number, and that they should have mine on file as I was the co-borrower on the home. Every time I called I spent at least thirty minutes arguing with them about whether they could speak to me or not. Finally, they would eventually talk to me and then only to tell me they did not get my stuff or that I had 90-120 days for processing. I sent the packet in I believe a total of FIVE times. This went on for almost two years. I finally just kept my exhusbands SSN handy so that they wouldn’t ask me even though they should have had mine. I filed for bankruptcy in 2010, but I get letters from Recontrust and B of A stating that my home will be sold at auction and then it never sells. I believe that they have tried four times now to sell it and it is up for auction again on July 5th. I started the modification process in February of 2009. I hope that no one ever has to go through what I did. I wish I could get my home back or at least make them pay for the hell that I went through having to relive the pain of divorce every time I called them and had to explain again that my exhusband did not live there.
Michelle, I also had Taylor, Bean & Whitaker before my loan was SADLY sold to BofA. BofA did not send me a notice of transfers which is required by RESPA. I believe that I received it about two months later but I am not sure. As per HUD RESPA website: “A Servicing Transfer Statement is required if the loan servicer sells or assigns the servicing rights to a borrower’s loan to another loan servicer. Generally, the loan servicer must notify the borrower 15 days before the effective date of the loan transfer. As long as the borrower makes a timely payment to the old servicer within 60 days of the loan transfer, the borrower cannot be penalized. The notice must include the name and address of the new servicer, toll-free telephone numbers, and the date the new servicer will begin accepting payments.” Info can be found here: http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/ramh/res/respamor. Bank of America repeatedly has violated RESPA regulations. If you sue Bank of America, do not forget to include RESPA.
Thank you so much for all your comments. I share everyone’s situation. What do I need to do specifically to join the class action suit? What law firm is handling it? Please let me know. Thank you. Courage to all!
Bank of America held on months almost a year to my mod appl until they felt like it. By the time they acted on my appli they have depleted all the equity to my home. Then they get in cojouts with counties Tax assessors to charge higher property taxes. So if you get a lower rate on the mort mod, they assesinate you with property taxes. It’s ascheme, fraud between banks and county tax assessors. They then share the wins. The homeowner is left stuck again with a mortgage it can’t afford. Next…you guessed forclosure !! Another scheme so Bank of America keeps on stealing from the people and the government. Bail out money? what Bailout money?
http://consolidatedlitigationgroup.com/files/Complaint.pdf
We must join a class action at this point. I can’t take it no more. It’s been 3 years with this daily agony not knowing if I will keep my home. I make partial payments every month and thr bank takes them!!!!! Wasn’t it not supposed to take partial payments.? !!! I’m in total confusion. We must join class action at this point. There are so many unscrupulous individuals out there who want to charge upfront thousand of dollars to join a class action. Is that legal? This link seems to be one of those. Don’t get me wrong. I am not certain. But certaintly I don’t think there should be upfront charges to join a class action. Call the attorneys on the case DIRECTLY and inquire. Thanks.,
Folks …
But also specifically for Susan, Rocko, Victoria, Donald, Meshaun and Effie …
Sorry my posts tend to be a little long, but there are some critical things we all need to understand about all this.
I have a post on the previous page (click “Previous Comments” in light blue, above or below) commenting on an article about the Arizona Attorney General’s court filing against BofA. I can see from your comments that it’s already essentially buried and lost, so I’ll repeat a portion of it below.
In addition to that, for your own sakes, please read through a list of items I’ve compiled that you may find helpful to move your case along. It came about from the many posters here on the forum who have been researching and learning how all this really works. The list is here …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
And a story that helps you understand what’s going on is here …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Yes, it’s going to take a little time and effort on our parts to learn about and fight this thing. THERE ARE NO HEROES … and we have to be our own heroes.
Here’s the repeat …
Please pardon my caps, but I’m hoping [new] people who scan this page will catch this …
THERE IS NO CLASS ACTION LAWSUIT TO SIMPLY SIGN UP FOR …
… AND …
A CLASS ACTION LAWSUIT WILL NOT SOLVE YOUR PROBLEMS AND GIVE YOU YOUR MODIFICATION.
You must call your law enforcement agencies, regulatory agencies, politicians, courts and even the media INTO ACTION to fight this thing. Class actions are cheap and easy for the banks to fight, and take years, if not decades to settle.
RIGHT NOW the banks are talking to these entities telling them “it’s not that bad” and “this will all blow over” and “it’s just business” and many of them are LISTENING.
A class action lawsuit is not [necessarily] the answer, but THE RULE OF LAW IS, as well as the agencies and individuals responsible for enforcing that law. We, as homeowners, must call our institutions into the fight, as Arizona’s Attorney General has responded to his State’s residents … some of them NO LONGER homeowners because of these banks.
Don’t “sue” … FILE … and file complaint after complaint with your Federal and State officials, as well as the courts. Also, please read back over this forum about filing yourself … called “Pro Se” … since attorneys are running at full speed AWAY from these cases.
Then take your family on a nice Summer picnic or take a nap. Don’t let all this get to you, but never, ever give up … and … give them the Hell they’ve earned, but in a way that will be effective and immediate. Maybe we WILL see the handcuffs that are so deserving if more State and Federal officials and institutions realize who they actually work for … living, breathing, home-owning people … not fictitious corporations and the immoral, unethical and illegal demands of their management, boards and stockholders.
For Lisa (above) …
And anyone else who would like to speak out …
This is what people from Maine (MAINE??) decided to do, and it’s not that hard to repeat it all over the country …
http://www.newbottomline.com/bank_of_america_flash_protest
I went through 13 months of frustration with Bank Of America and their Mortgage mod program and HARP program. HOURS at a time on the phone, they claimed they lost paperwork, requested the same forms numerous times, requested my signed tax return 3 times! I was even approved by their Underwriting department for a modification through Rob Gillespie, only to be denied months later based on false Net Present Value numbers. Those were never corrected and oddly enough 9 months AFTER I withdrew from the program due to frustration and a wrecked credit score they finally mailed me the NPV numbers they used. I hope people start filing class action lawsuits against this company.
I filed for an MHA mortgage modification with my mortgage servicer, Bank of America, in September 2009. It took them 13 months to deny my application because the owner of the loan does not participate in the MHA program. God only knows why it would take 13 months to discover this. Shouldn’t BofA have known this about their partner on day 1 rather than day 395 of the process? If they had, I wouldn’t have used my entire life’s savings, part of my retirement fund and ruined my credit score waiting for their response! After this denial they submitted my application for a second look. However, they made a HUGE MISTAKE and submitted my application for review under the MHA program AGAIN! It took another 9 months to get a second denial for the SAME PROGRAM for the SAME REASON. All-in-all, I have been financially ruined by Bank of America’s incompetency because they couldn’t tell me that the investor didn’t participate in the MHA program upfront. The MHA guidelines set forth by the Treasury Dept say home owners should have an answer within 30 days. I want to know how I can recover damages for their huge mistakes?
http://www.personalgrowthcourses.net/video/monopoly_men
I was in modification did every thing they ask tried to make payment last week was told home was foreclosed need to talk to attorney they could not help all this after they told me to get a payment behind so i could get loan mod since i could not refinance they stole my home and there is nothing i can do
I wish to join the class action lawsuit against BAC for Failing To Modify my mortgage how do I join
i went to Naca and BAC reffered to a collection angency in colorado
and im in florida
My mother was forced to try to sell her house due to illness, we submitted a hardship letter, proof of her illness, etc and requested a deed in lieu of forclosure, it was denied. We then requested we be able to sell as a short sale. Bank of America not only would not let our realtor show the home, they did not bother to even return any of our calls. Her home now sits slowly decaying in a neighborhood of other forclosed homes and her credit is ruined because the forclosure has never been put through. BoA has not done anything with the home. My mother is 73 and in poor health, the worry over the forclosure has not helped matters. Can anything be done about this banks procedures or lack thereof. In my opinion Bank of America is ruining the lives of many of this nations citizens. and should be held accountable for it.
@J. Banks…..They have not gone thru with the foreclosure because they cannot legally foreclose, short sale or deed in lieu….They have no idea who owns the home…The investor no longer wants it…They just want their money…check out this website to educate yourself some more and possibly fine your mother some help…..www.livinglies.wordpress.com
If everyone writing here would forward this e-mail or link to all of their local and national TV stations and newspapers, it might get some attention. Send it to friends and ask them to do the same. Also, send the link to your senators and congresspeople. Maybe they’ll see it when they get back from their vacations! There is strength in numbers. Everyone, start writing and sending!
Congress supporting Squatting?!!
youtube.com/watch?v=JSOr16BFHL0&feature=related
I have contacted all of my representatives and my senators even the White House and the district attorney in my area. I am sending my story as well as others. I ask them if they have any power to do something and ask them how it feels to be made a fool of by Bank of America taking the money and laughing in their faces. I also include information on how some states and home owners have beat Bank of America. If we all pressure our government officials and tell them their job are on the line we may get the help we need.
I am starting to see the action now and I hope I get it time.
Stand strong.
If you are being threatened with foreclosure, send a request through discovery and ask the mortgage company to produce the note and prove they are the people you owe the money to. They have 30 days to come up with the documents. Many of the mortgages taken over from another company do not have the original signed paper with your signature on it to prove you owe them the money. They can’t foreclose on you if they cannot prove you owe them money.
Melanie …
This is usually called a “Produce the Note Strategy.”
But there’s one CRITICAL clarification I need to make.
It’s not that they need to produce the note … a copy. Copies can be electronically stored and simply printed out. That’s not what this law and basic principle of contract law states.
They have to prove the actual existence of the actual paper you signed, not produce a copy of it. This is one of the items at the core of the MERS scam. They have to produce proof of the existence of the actual paper, usually by affidavit by an officer of the company as to its stored location. MERS has destroyed something like 40% of more than 60 Million mortgages … shredded them … because they didn’t want to bother storing that much paper.
But there’s more …
They ALSO have to prove a “Chain of Title.”
This means they have to show each and every change in ownership to your original note. A mortgage note is virtually the same thing as a dollar bill … a promise to pay. Without specifically stated “title” or “entitlement” to that promise, ownership of the debt is lost.
Even though they may be able to prove the right to “service” the loan or note AND prove (which they are refusing to do) the location of the actual paper, if the chain of title is broken, the right to foreclose or collect on the debt is lost.
This is very hard to prove, and the banks are putting up mile high roadblocks, but it IS the very nature of the law and basic property rights as old as the country itself.
Melanie,
What do you mean send a copy through discovery? Please I don’t want to seem dumb but, it seems you have been there and understand my ignorance to this type of problem.
Gen
I am in the learning process also.
If a company claims you owe them money they have to prove it to the court. For mortgages they have to produce the note that you signed. For many of the loans the bank has lost that document. therefore they cannot prove you owe them money and cannot sue to foreclose. Check out the web sites…
youtube.com/watch?v=wIbgAEUG4DM&feature=related
youtube.com/watch?v=uqdolrYtQcU
huffingtonpost.com/2009/09/22/whos-got-the-mortgage-pro_n_294169.html
I to am having a lot of problem with BOA. I have filled out 3 modifaction apps, I cross the t’s and dotted the I’s. I even went to a live seminar at the Marriott hotel and submitted and app. I have even consulted an forecloser attonery that reviewed my paper work and has told me that I should have no trouble in getting a traditional modifaction. I have lost my night job for a persiod of 5 mo.n ths in the period of time I got new night employment and now able to pay a lessor amount.
Check your state laws and the County Register:
Unrecorded Documents, MERS, and foreclosures
The Law:
Under Oregon Law (ORS 86.735) all transfers of title are required to be properly filed, and necessary taxes paid with the County Registers Office. If a bank presents in court in a Foreclosure proceeding, they are required to show that they legally own the title by presenting a “chain of title” which is basically the entire history of properly filed transfers (or sales) that the title went through to become the legal property of the financial institution that is now trying to foreclose on the homeowner. This is very similar to a car title, which must have all the transfers of sale properly recorded through the DMV. If the entity attempting to foreclose cannot show the proper documentation of legal transfers of title ending with their ownership of the title, they can be found to be in violation of Oregon law in a foreclosure proceeding.
This is often overlooked because we are a non-judicial state in which banks are not required to go through the courts to foreclose on a loan. Some case law against the banks is slowly being established in Oregon by lawyers specifically trained in this line of questioning who have forced banks into court on strategic cases. See “Relevent Rulings in Oregon” below for a partial list of landmark cases.
What does this have to do with MERS?
MERS stands for the Mortgage Electronic Recording System. It is a privately held system created by the Mortgage Industry to make the process of transferring titles, bundling them and selling them many times over the life of a loan, a lot easier and quicker. This allowed them to make a bigger profit off of people’s loans, whether they were paid on or not. The problem was that business was so good, no one really had time to actually sign for the transfers or file the necessary paperwork and pay the associated taxes to county registers offices every time a loan was sold. The solution? A paperless, electronic, nationwide system that magically transferred deeds, often with a “robo-signiture” and in many cases effectively bypassing county registries.
Now many of these deeds are going into foreclosure, but the question is: if these loans were sold and resold so many times, without being recorded in county registries, without any real people reviewing the transfers and signing for them, without the required taxes being paid, are the transfers legal? And if they are not, who really owns the loan?
The Mortgage Industry and Big Banks would be just as happy to ignore these questions altogether, which is why they love non-judicial states such as Oregon. The question is, will we let them get by with it? We can put a stop to fraudclosures by pressuring our County Registrars to speak out on this issue and refuse to record titles with MERS on them. This is what is happening in other parts of the country. We can also spread the word to let our elected officials know, and to let other homeowners know. Together we can educate ourselves, our communities, and our elected officals and put a stop to the illegal foreclosures that are hurting Oregon families and depriving our struggling local economies of tax revenues.
Where do the County Registers Offices come in?
County Registers Offices are becoming a battleground on the issue of MERS and unrecorded documents. If County Recorders accept titles with MERS on them to be recorded they give legitimacy to the problematic MERS system and make it difficult for judges to sort out if a bank legitimately owns claim to a title. County Registers are beginning to see this, with a few standing up and speaking out very publicly. Some of the first to take a stand include:
go to the save the dream event or contact naca they will help you
I fought boa for 4 years , I recently went to miami save the dream tour negotiated with bank of america on the spot and got my payments reduced .
Misty Maxwell
I was told that BOFA had given me an extension on my foreclosure due to the loan modification process then they sold my property on the original date. I need a lawyer desperately and noone seems interested in getting Justice just money! If we allow corps. like this to take advantage of all these people one day it might be you!
I had a very similar case. Where are you located. I have a great attorney. I’m located in Atlanta Georgia.
Hi Debbie, I would love to know your attorneys name, I am dealing with Bank of America, and truly believe they are nothing but crooks. I am totally fed up and ready to file a lawsuit. Thank for sharing any info you have.
I really need the attorneys name also. PLEASE
please can you forward me the attorney information
I am going through same thing with BOA I would your attorneys name and information also PLEASE
who is ur attorney. we have begged BOA to modify after my husband got sick at 48, and we have 3 kids still living at home. we have been told that they are not going to look at the documentation that i sent them, and that i would not receive a letter. we are still waiting for them to foreclose, they have rescheduled 3x now.
Do everything you can to delay or confuse the mortgage company. Some have told stories that the mortgage company has reported the house vacant. This is why……Adverse possession. If the property is vacant the mortgage company can take it over. http://en.wikipedia.org/wiki/Adverse_possession
Try it! The timing has to be just right. If you leave your home, and someone else moves in as a “squatter” (correct paperwork has to be submitted) the only one who can kick the “squatter” out is the owner. If the mortgage company cannot come up with the original note proving ownership they can’t kick you out. Check out the web site or read on.
Adverse possession is a process by which premises can change ownership. It is a common law concept concerning the title to real property (land and the fixed structures built upon it). By adverse possession, title to another’s real property can be acquired without compensation, by holding the property in a manner that conflicts with the true owner’s rights for a specified period. For example, squatter’s rights are a specific form of adverse possession.
The circumstances in which adverse possession arises determine the type of title acquired by the disseisor (the one who obtains the title from the original owner), which may be fee simple title, mineral rights, or another interest in real property. Adverse possession’s origins are based both in statutory actions and in common law precepts, so the details concerning adverse possession actions vary by jurisdiction. The required period of uninterrupted possession is governed by the statute of limitations. Other elements of adverse possession are judicial constructs.
Adverse possession exists to cure potential or actual defects in real estate titles by putting a statute of limitations on possible litigation over ownership and possession.
Because of the doctrine of adverse possession, a landowner can be secure in title to his land. Otherwise, long-lost heirs of any former owner, possessor or lien holder of centuries past could come forward with a legal claim on the property. The doctrine of adverse possession prevents this.
This means the law may be used to reward a person who possesses the land of another for a requisite period of time. Failure of a landowner to exercise and defend his property rights for a certain period may result in the permanent loss of the landowner’s interest in the property.
The adverse party is called the disseisor, meaning one who dispossesses the true owner of the property. The disseisor must openly occupy the property exclusively, keeping out others, and use it as if it were his own. Some jurisdictions permit accidental adverse possession as might occur with a surveying error. Generally, the openly hostile possession must be continual (although not necessarily continuous or constant) without challenge or permission from the lawful owner, for a fixed statutory period to acquire title. Where the property is of a type ordinarily occupied only during certain times (such as a summer cottage), the disseisor may need to have only exclusive, open, and hostile possession during those successive useful periods, making the same use of the property as an owner would for the required number of years.
Basic requirements for adverse possession
Adverse possession requires at a minimum five basic conditions being met to perfect the title of the disseisor. These are:
Actual possession of the property – The disseisor must physically use the land as a property owner would, in accordance with the type of property, location, and uses. Merely walking or hunting on land does not establish actual possession. In Cone v. West Virginia Pulp & Paper, the United States Court of Appeals for the Fourth Circuit held that Cone failed to establish actual possession by occasionally visiting the land and hunting on it, because his actions did not change the land from a wild and natural state. The actions of the disseisor must change the state of the land, as by clearing, mowing, planting, harvesting fruit of the land, logging or cutting timber, mining, fencing, pulling tree stumps, running livestock and constructing buildings or other improvements.
Open and notorious use of the property – The disseisor’s use of the property is so visible and apparent that it gives notice to the legal owner that someone may assert claim. It must be of such character that would give notice to a reasonable person. If legal owner has knowledge, this element is met; it can be also met by fencing, opening or closing gates or an entry to the property, posted signs, crops, buildings, or animals that a diligent owner could be expected to know about.
Exclusive use of the property – The disseisor holds the land to the exclusion of the true owner. If, for example, the disseisor builds a barn on the owner’s property, and the owner then uses the barn, the disseisor cannot claim exclusive use. (Note: There may be more than one adverse possessor, taking as tenants in common, so long as the other elements are met.)
Hostile or adverse use of the property – The disseisor entered or used the land without permission. Renters, hunters or others who enter the land with permission are not hostile. The disseisor’s motivations may be viewed by the court in several ways: Objective view—used without true owner’s permission and inconsistent with true owner’s rights. Bad faith or intentional trespass view—used with the adverse possessor’s subjective intent and state of mind (mistaken possession in some jurisdictions does not constitute hostility). Good faith view—a few courts have required that the party mistakenly believed that it is his land. All views require that the disseisor openly claim the land against all possible claims.
Continuous use of the property – The disseisor must, for statute of limitations purposes, hold that property continuously for the entire limitations period, and use it as a true owner would for that time. This element focuses on adverse possessor’s time on the land, not how long true owner has been dispossessed of it. Occasional activity on the land with long gaps in activity fail the test of continuous possession. Courts have ruled that merely cutting timber at intervals, when not accompanied by other actions that demonstrate actual and continuous possession, fails to demonstrate continuous possession. If the true owner ejects the disseisor from the land, verbally or through legal action, and after some time the disseisor returns and dispossesses him again, then the statute of limitation starts over from the time of the disseisor’s return. He cannot count the time between his ejection by the true property owner and the date on which he returned.
Specific requirements for adverse possession
A court may require some combination of the following as elements of the basic requirements for adverse possession listed above. Which of these applies varies by jurisdiction and may be a result of interpreting common law or of statute.
Claim of title or claim of right. The Supreme Court of the United States has ruled that the mere intent to take the land as one’s own constitutes “claim of right”.[citation needed] Other cases have determined that a claim of right exists if the person believes he has rightful claim to the property, even if that belief is mistaken.[citation needed] A negative example would be a timber thief who sneaks onto a property, cuts timber not visible from the road, and hauls the logs away at night. His actions, though they demonstrate actual possession, also demonstrate knowledge of guilt, as opposed to claim of right.
Good faith (in a minority of states) or bad faith (sometimes called the “Maine Rule” although it is now abolished in Maine)[citation needed]
Improvement, cultivation, or enclosure [5]
Payment of property taxes. This may be required by statute, such as in California [6], or just a contributing element to a court’s determination of possession. Both payment by the disseisor and by the true owner are relevant.
A legal document that appears (incorrectly) to give the disseisor title. [7]
Dispossession not under force of arms. Dispossession by armed invasion does not establish a claim of adverse possession against the true owner.
Bank of America is so overwhelmed and can’t come up with paperwork to work out the modifications…communication within the company is poor and the record keeping is poor they may not be able to defend their rights to the property. We keep doing the right thing and offering them all they request and still loose our homes it is time we start fighting and give them a dose of their own medicine. Lets start requesting documents from them and setting a deadline…I bet they won’t be able to produce them…. LET’S START FIGHTING BACK!! (desperate time calls for desperate measures…let’s get um!)
youtube.com/watch?v=rLcPNfZEITs&feature=related
Adverse Possession
youtube.com/watch?v=xySM7SekAdQ&feature=related
Adverse Possession “Squatter”
youtube.com/watch?v=c-EbIdVpGGg&feature=related
Debbie,
Can you send me your attorney info. BofA has been a disaster…I’ve been asking for help over three years…and all they did was tell me they needed more paperwork..it’s ridiculous…you can email me directly at petteysr@yahoo.com
who is your lawyer? I need him too. I am locates in Arlington, VA.
Try to get your house back:
Quiet Title
An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party’s title to real property against anyone and everyone, and thus “quiet” any challenges or claims to the title.
This legal action is “brought to remove a cloud on the title so that plaintiff and those in privity with her may forever be free of claims against the property.[1]
This genre of lawsuit is also sometimes called either a try title, trespass to try title, or ejectment action “to recover possession of land wrongfully occupied by a defendant.”[2] However, there are slight differences. In an ejectment action, it is typically done to remove a tenant or lessee in an eviction action, or an eviction after a foreclosure.[citation needed] Nonetheless, in some states, all terms are used synonymously.
Contents [hide]
1 Grounds for a quiet title action or complaint
2 Limitations
3 See also
4 References
[edit]Grounds for a quiet title action or complaint
It comprises a complaint that the ownership (title) of a parcel of land or other real property is defective in some fashion, typically where title to the property is ambiguous – for example, where it has been conveyed by a quitclaim deed through which the previous owner disclaims all interest, but does not promise that good title is conveyed. Such an action may also be brought to dispel a restraint on alienation or another party’s claim of a nonpossessory interest in land, such as an easement by prescription.
Other typical grounds for complaint include:
adverse possession where the new possessor sues to obtain title in his or her own name;
fraudulent conveyance of a property, perhaps by a forged deed or under coercion;
Torrens title registration, an action which terminates all unrecorded claims;
treaty disputes regarding the boundaries between nations;
tax taking issues, where a municipality claims title in lieu of back taxes owed (or a subsequent purchaser of land at a tax sale files action to gain insurable title);
boundary disputes between states, municipalities, or private parties;
surveying errors
competing claims by reverters, remainders, missing heirs and lien holders (often arising in basic foreclosure actions when satisfied liens are not properly discharged from title due to clerical or recording errors between the county clerk and the satisfied lien holder)
[edit]Limitations
Unlike acquisition through a deed of sale, a quiet title action will give the party seeking such relief no cause of action against previous owners of the property, unless the plaintiff in the quiet title action acquired its interest through a warranty deed and had to bring the action to settle defects that existed when the warranty deed was delivered.
One has to be careful about talking about quiet title actions in the context of registration systems. Quiet title actions really have no applicability where a registration system is in place, having been wholly replaced by the registration statutes. Quiet title actions derive in common law jurisdictions from a common law equitable cause of action by the same name. In many jurisdictions they have been supplemented or replaced by a statutory cause of action, which may or may not have the same legal elements of the common law action. Where dealing with statutory quiet title it is more appropriate to talk about actions in the nature of quiet title.
Quiet title actions do not “clear title” completely. They are actions for the purpose of clearing a particular, known claim, title defect, or perceived defect. Contrast title registration which settles all title issues, both known and unknown. Quiet title actions are always subject to attack and are particularly vulnerable to jurisdictional challenges, both subject matter and personal, even years after final court decree in the action. It usually takes 3–6 months depending on the state where it is done.
A quiet title action is also subject in many geographic jurisdictions, to a Statute of Limitations. This limitations of action is often 10 or 20 years.
please send me the name of your attorney we are in this trouble too with bank of america..
please send me your attorney names we are in the same boat as you with bank of america..
Debbie,
Please, I would like the name of your attorney. Bank of American is pending to foreclose on my origianl note a second time. While the first case has not yet been settled. I feel that I need a new attorney. I’m scared and yet hopeful that there might been someone out there that can help…!
I need information about a attorney that can help with a law suit against boa. i live in louisiana
Please help me. I lost my home last year and BOA has been harassing me ever since. They are now saying I am still responsible for a home that I vacated after they threatened me with foreclosure. ( Which they now deny.) They denied my modification after jerking me around for almost a year. I should tell you I am on SSI and have Myotonic Muscular Dystrophy. Please reply to my e-mail or my cell, 252-702-1159. Is it possible to sue for pain and suffering? I have already lost my home- now do they want my blood? Please can you help me?
I agree with you. I’m desperatley looking for a lawyer also before its to late. Bank of America needs to be put in there place this is getting way out of hand.
if you have a lawyer that will take on bank of america , you can count me in . we got shafted by them ” they said they never recieved our paperwork 6 months later ” then said the mortgage is 11 months behind so we can’t do the modifcation loan . this was the third time we sent it in . so now we are homeless , thank god we have friends that let us stay with them . our home was in atlanta michigan and now we are living near atlanta georgia . so yes to a lawyer that will take them on , you can count us in .
Hi Debbie, I need the name of that great attorney as well. I’m located in Marietta, GA. Please let me know. Thank you
Under the Making Homes Affordable Act, the mortgage lenders are barred from starting, proceeding with or completing a foreclosure. The Making Homes Affordable Act stays all proceedings.
Please let me know if there is a class action suit I would love to join in. I am in foreclosure at this time. I do not understand how BOA has been able to do some of these things to people.
thank you
there is a class action lawsuit for folks who are in the trial loan modification process and BOA refused to modify loans even though they qualified with reasons of lack of doc etc….
direct me how to join the lawsuit against bofa…thanks.. nasim
Nasim …
I’d strongly recommend you read my note to Joy below, as well as others on this page and in “Previous Comments.” Simply click on “Previous Comments” in light blue at the top or bottom of the page.
I
I need to join a class action lawsuit. please send any and all information to mdroppa@comcast.net
I am living the same story as I see here…..asking for more and more documents stating that I didn’t send what they needed. A representative even broke the law and called my bank and ordered documents without my approval. I need a lawyer and a class action lawsuit now. Please help if you can…
Melanie …
I hate to be the one to point it out, but like me and, in fact, most of the people that come here, you have some misconceptions about how all this works.
Please read through this page of posts (and previous pages) where both others and myself explain several times why class action lawsuits won’t necessarily get what you want, and particularly why they aren’t necessarily bad for the bank.
You’ll also find that no one … including and especially lawyers … are hovering over this site ready to jump in and save your home.
You’re asking for help.
What many of us have learned … our best example being Isabel who has posted on this page … is that we have to help OURSELVES.
There are no heroes or magic quick fixes.
For your own sake, please also see an article of mine with 18 points of action you can use that may help your case along …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
I reside in New Jersey and I have been in the trial period with BOA for a while now. When I call the bank they tell me to continue to make the partial payment and yet my late fees, etc. are racking up. Where is this class action lawsuit instituted? I would like to jump onboard. This is a scam and I cannot believe BOA is getting away with this….so many are losing their homes and pride too.
I want in on the class action, boa has lied to us, an refused to help when my husband lost his job, said he had to have a income, he has a job but not making anywhere near what he made, now we are told because of our credit they can not help us ,
Penny
I had the same thing happen to me and would love to join a class action, Bank of America told me to bring my payments up to date and they would do a refi and I sold everything to do that and then they told me they would not look at it for at least a year all was do to job loss and in the mean time they foreclosed and sold my home.
So any information you could give me would be great
Thank you
Bob
For the state of New Hampshire
Count me in not only have they decline becuase they say we did not send paperwork in time. but they put lender forced flood insurance on my house after a fllod destroyed my house the insurance will not pay off the note due to the wording in the insurance contract ??? we live in montana
pioneerbr@midrivers.com
Joy …
I wish it were as simple as merely signing up for a class action lawsuit. Unfortunately, that’s not what this site is for. Neither are there lawyers (or politicians, or agencies, or law enforcement officers) hovering over their computer screens panting with baited breath to save us. We have to save ourselves.
I have posts above and on previous pages that talk about that. My most recent, directly above, has links to some items that might be helpful … as do many other people that have been learning how this REALLY works.
As a very brave lawyer clarified several months ago … at the risk of his career … class action lawsuits are neither a miracle cure, or even bad for the banks (or any other corporation). Bringing all the “complainers” into one courtroom under one lawsuit makes it cheap and easy for them to beat you down … as well as stripping away your individual rights … your case’s details. Cases are won and lost on the details.
But even with that, a class action won’t necessarily whip the bank into line and give you your modification. They take years (if not decades) to settle. A class action is not only NOT even a slap on the wrist, it’s a way for banks to keep taking homes while they’re in court over it.
Please … for your own sake … read and research how all this REALLY works. There are no heroes, magic buttons or instant fixes. Learn how INDIVIDUAL FILINGS … not [class action] lawsuits … are a way to help your case forward.
AMEN!
What’s the saying?
Knowledge is Power!
I need the information along with an attorney for my own personal issue with them
Just another victim of B of A bank . I have same problem as all of you, same story send me this send me that ,oops We cant find your paperwork make your trial 3 month payment first to qualify , sorry you didn’t qualify , you missed a payment . 18 months What do We Do? lf anybody can help please help me. thank you .Pedro.
I am a mortgage Broker trying to compete with the BofA’s of the world. They’re so big, they don’t care who the damage. I can’t tell you how many countless stories I have heard from my former clients and relatives who have gone to BofA to request a Loan Modification or help of some sort, only to be told “okay, make this lower payment for now while we process your Loan Mod request. Then, two to six months down the line, when the borrower is now six months late on his mortgage which they were never late on to begin with (you don’t have to be late in order to request a loan mod or to even qualify for one), BofA calls them to say “sorry, you don’t qualify, and by the way, you are now $18,000. behind and we will foreclose in 20 days if we do not receive payment”. These are people who “could” have qualified for a refinance, but now they are showing mortgage lates within the last 12 months due to BofA telling them to not make their full payments, and FNMA won’t touch their loans now. It’s horrible and BofA is an evil corporate giant that needs to be punished! I am going to try and find a lawyer who believes the same that I do. Anyone who wants to join me and has heard these same stories or had it happen to you too, email me at csm96@roadrunner.com and I will put you on my list. God bless you all and I pray that you will survive this mess and prosper.
Hi my name is sharon dion i would like for you to contact me about boa i’m having the same problem as everyone else please feel free to call me 985-665-6973 thank you
Being on Social Security we found that $527.00 per month was beginning become a problem. We fell behind serveral times sometimes catching up with our payments. Still we applied to BOA for a loan Modifcation. After being denied twice, we then received a notice that our payment would now be raised to $647.00 due to the fact that they saw fit to pay for our homeowners insurance and property taxes, which we always paid ourselves with payment plans and never had a problem. They told us the additional monies was an escrow account. When we balked BAC told us that we would have to pay our escrow amount and they would consider revaluating our account.
same here, exactly. then they keep changing my mortgage payment amount. now they tell me my homeowners ins is doubled. the only problem is that they are the only ones who know this. my insurance did not go up. BAC is trying to milk every dime they can out of me but yet not one of them can explain what all this extra money is for.
They are screwing us out of our escrow account too. Hate BOA and would love to see them brought to justice. I hate that our loan got sold to them without consulting us first. They are awful. So sorry for your stress.
how does my wife an me sign up please we would like to get involved we went through the same thing .
BOA bought our loan from another bank just as we had finished our modification with them so we had to go through the whole modification process again with BOA…no problem. Our final BOA modification resulted in a loan payment that was $600 more than our original loan amount before we did ANY modifications at all!! We are now doing everything we can to fight off foreclosure but like everyone else, we are getting no where and we don’t have the money for an attorney. Now what?
Donna, Pedro, Connie, Jack and Chris …
Please see my note to Joy above AND for your own sake please read through the last several pages by clicking on “Previous Comments” in light blue at the top or bottom of this column.
Both my posts and others point out the reality of this situation, which is NOT what most of us think.
yes i do, they have done nothing for us our intrest rate went down one point we have been doing this since 2010,have all of our paper work and when the noterized was sent back to them before the time was up,every time we call we have some one different who does not know what is going on just that were behind on our payments,i wrote the atty general of CO. and got response from them they could not help to call the Obama Home Modification line there is more to our story please some one tell us how we can get involved with this class action against BANK OF AMERICA…..THANK U
please can someone tell us how we can be part of class acttion against bank of america,i wrote the atty general of Co.again but have not heard anything back yet…please help us……
I would like to be involved in the class action suite against BOA i gave me the run around for a year till i gave up when i got cancer i could no
longer do it, it makes me sick!
Would love to be part of this lawsuit. Re-modified my loan with Countrywide and it was approved in Feb. 2009. Then BAC bought Countrywide. For two years threatening letters of forclosures. I’ve talked to over 20 different people there all the way up to the office of the President and COO.They admited they found it but never ported it over. I sent in my payments for two years and now they won’t accept them any more. People have come to the house taking pictures of my property. Would love to be a part of this. HELP
I also re-modified with Countrywide and was approved in may 2009. then BAC took over and i find myself in a similiar two years of faxing paper work over and over again. I have been diagnosed with an illness and trying to fight two battles one with my health and one with BAC. In june of 2009 my husband was and I both lost our jobs and with two sons with asthma we had to cobra our health insurance to keep up my sons asthma treatment.My son is now a junior in high school and this would not be a good time to move him from his school as he is dyslexic and doing very well in school.He wants to go to college so i dont want to disrupt his life. this situation is out of hand and lawyers in my area say they are not familiar with this sort of cases. I am
about to start the evaluation process for the third time and I only feel this only keeps putting us in a bigger debt with them they have changed the term of our loan from thirty and the monthly payment many times. I need a good lawyer. As I was already hospitalized for stress related anxiety attack in 2009 and my husband now is suferring from a stress related illness.
Help
http://www.commondreams.org/newswire/2011/07/06-3
Homeowners Strike Back Against Two of New York’s Largest Mortgage Scammers
Hi,
Same horror story and more!
Approved!!!!! Yeah!!! at a higher rate…Boo!!
Paid it for a few months… Get a letter.. guess what… you are not approved!!! In 10 days (pay this amount – equal to 4 months) or you get foreclosure on in the 10 days . If/when they start a class action in Georgia – I’m in.
Debra, Patricia and M. Blatt …
Please see my note above to Joy.
I can’t emphasize those points enough.
Also, please do not miss this list …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
… or this explanation/story of what this is all about …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Hello,
I have applied twice for the Making Home Affordable program (Mortgage Modification). My mother, son and I were seriously injured in an elevator accident. Surgeries, many physicians and now on disability loosing $3600 per month income as a result. We are in a serious health, and financial situation. Does anyone know if there are lawsuits against J.P. Morgan Chase. Our loan originated with Loan Partners of America December 2004. Chase purchased our mortgage and started an escrow, raising our monthly mortgage from $1,426 to $2,240 per month in paying the last 5 years property taxes. I have a disability exemption and a deferral with the Harris County Tax Office. In Texas I am protected in that the Tax Office will and cannot auction our home off because I am disabled. But, Chase has done this before to us two years ago and the Harris County Tax Office returned the money (property taxes paid) back to Chase. But, Chase continues to threaten me and telling me according to my contract and deed of trust, I have to have an escrow, when clearly my contract and deed of trust clearly states Ms. St. Angelo will handle her own property taxes and homeowners insurance. Chase just recently paid $45,000 + to include my home owner’s insurance. I had been paying my homeowner’s insurance and was up to date when they also did this.
I am reading that it is better not to be in a class action lawsuit, but to file our own case? Can you help us.
Nothing Is Impossible With God . . . . Linda St. Angelo
Email: lsta@sbcglobal.net
Is there a class action lawsuit for the state of VA? I want to join as well. I to have a horror story with BOA 🙁 I ended up having to file chapter 13 to keep my house. I am very insterested in joining a suit like YESTERDAY!! WE MUST STOP THEM!!!!!!!!!!!!
How would filing chapter 13 save your home?
We have been thru the trial payment phase paid all payments and then rec’d a call all is good should get fed-ex pkg in Jan. no such pkg ever arrived. Just an intent to accelerate. We have been thru many a person and dept. as many have out there. We stuck with the program and paid the trial amount as they suggested ..”dont pay more that that amount or it will really goof things up” have never missed a payment just paid what we were told. This all began in 2009!!!!!!!! We are now in another dept that i am sure will help us. ROFL In a chaper 13 does the court determine your payment to BAC?
Is there a class action or suggestions for Washington State? We are over 1 year in, getting lied to. We have paid our three trial payments and are getting the usual treatment from BofIdiots. We were told we were approved, now we wait in limbo and get asked the same questions over and over, no you can’t talk to your negotiator. Uh really? I think they are just pocketing our money at this point. It’s a bunch of lies. I modified our second within a month.
if anyone knows a good lawyer here in Washington state I would love to get their info. We went on this program as well and we had good credit before they did this and now we have so crappy of credit it took them over a year and a half to get back to us on this. We paid the amount they told us to pay, they were willing to wave the stuff they said we owed in late charges but have done nothing about the credit, it will take years to get it back.
I got a modification from bank of America it dropped my payment by only $69 then they keep calling me that I’m behind on my payments because its not being payed in full. i called them and they told me they made some adjustments and now my payments are more then what i paid before the modification my attorneys are now taking over
This is not an isolated case and have foreclosed on veterans themselves (not their parents as in this case) which is flat-out illegal (as well as immoral) …
http://www.change.org/petitions/tell-chase-bank-dont-foreclose-on-soldiers-family?utm_source=action_alert&utm_medium=email&alert_id=mZHbRYoBMg_ZtEWMpKExt
I took a Countrywide mortgage out in 2007 that was suppose to have both my husbands name as the primary borrower and mine as the co-borrower. They pulled a fast one the day of closing and had us sign the paperwork in three different states, Tennessee, New York, and the used a closing agent in Florida… They never put my husbands name on the mortgage despite numerous calls to them and reassurance that we did not need to worry. When I finally got them to send me the paperwork for disability insurance which we had ask to have put on the mortgage my husband was declined because he was not on the mortgage. My husband was diagnoised 12 days with STAGE IV cancer.
We have been threw every trick they could throw at us from asking for health care deference. To the HOPE FOR AMERICA program, which was a 10 month nightmare and joke. To we finally listed our house and sold it and now they will not let it close instead put it into foreclosure….We have an attorney we have been able to get no where with them. I contacted Freddie Mac this week who told me that even though it does appear to be a fraudulent mortgage that they will end up paying BAC for whatever the sell it for and they now that BAC is doing this but their hands are tied… The American people will pay for it….I have had Senators tell me that there is nothing they can do either. I spoke to the Federal Reserve that can investigate it who told me they did and sent that information to my congressmen who has never shared it with me….I have written every news agency out there they did not want to tell the truth to the American people….and it goes on…They have destroyed my credit, my husbands health has not been helped by the stress it has caused etc…I DO NOT BELIEVE AT THIS POINT THAT ANYBODY WANTS TO TRULY HELP ANY OF US HARDWORKING AMERICAN’S STUCK IN THIS NIGHTMARE…
PS…IF YOU HAVE PMI FOR INSURANCE SEE IF IT’S WITH BALBOA WHO IS OWNED BY BAC AND HAS A CLASS ACTION LAWSUIT AGAINST THEM FOR KICK BACKS TO BAC.
Hello everyone. Please read my articled titled “Is Bank of America a Racketeering Enterprise?” at: piggybankblog.com/2010/11/16/bofa-racketeering/. It will help put Bank of America’s practices in perspective. Enjoy!!
OUTSTANDING Isabel!
I read every word and forwarded the link to constituent advocates for my Federal Senator, Federal Congressman and State Assemblywoman.
I encourage EVERYONE TO READ AND UNDERSTAND what Isabel has written to get a handle on what is going on here.
This is VERY important …
Isabel is a homeowner just like the rest of us … and her article sounds very sophisticated and frequently uses “ten dollar words” … but it is VERY important for your case for you to read and understand what she’s written, despite your level of education or whether you understand these big words. In other words, if you don’t understand a word, look it up.
“Not knowing” is how we got into this situation. We cannot continue to “not know” if we want to fight this thing successfully. For one thing, those that DO “know” … attorneys … are running AWAY from these cases.
Isabel saw this and decided to educate herself with what is going on … legally … which is what this is all about … the “legal” (or illegal) aspects of the home loan modification process, and she and her husband chose to file THEMSELVES, without an attorney (called “pro se” in legal terms) to fight for their home.
YOU CAN LEARN about the situation you find yourself in, and are not forced to rely on someone else to save you.
I would call Isabel a “hero” … but not as someone who can be your hero. She’s someone who is setting the example of how YOU CAN BE YOUR OWN HERO.
Something to think about.
Thank you Don for those encouraging words! It really means a lot! Don has always provided very useful information and much of that info I have used personally in this battle against Bank of America. Hopefully, our fellow bloggers can understand that a Class Action will only resolve a portion of the problem. I am not “against” Class Actions because I understand that it is the “only” option for some people but it does not mean that it is the “best” option. Actually, Bank of America “welcomes” Class Action Lawsuits rather than individual ones. More “individual” lawsuits mean that they have to use up all their legal resources which is something they do not want to do. They will eventually have to use more run-of-the-mill atorneys after their “high quality” ones are busy with other lawsuits. My fellow bloggers, if I can manage to file a lawsuit without an attorney, so can you. Nowadays, there are many resources which include the internet and legal libraries. I cannot begin to explain how many hours I have spent on the internet looking up legal information. I have also spent countless hours at the legal library. I cannot imagine how much money I would have already spent on an attorney at this point. I have only spent 10% of what I would have spent on an attorney. I have to admit, I have no idea how I find the strength to do this because I am currently battling many health issues which were caused by Bank of America but if I can do this with all my limited means, so can many of you. If you feel that you need some legal assistance, you can always use “Legal Aid” in your town. Whatever you do, do not give up. Bank of America will drive you crazy, I know from personal experience. That is what they want. Regardless of the outcome, I am going to make sure they remember my name and hopefully my children will know that their parents did not give up and tried everything possible to keep a roof over their heads.
You’re quite welcome Isabel, and you deserve every word and more.
One might think that I’m totally against class action lawsuits from what I type in here. However, the main reason I speak so strongly is the fact that very few people understand that there are several other options, as you’ve indicated … and actually gone out and done.
Let’s also not forget another option that was discussed here in the forum not long ago … what’s called a “Mass Joinder.”
A Mass Joinder is similar to a class action, but allows each person’s case to be heard individually.
Honestly, all I can do as another homeowner is report and repeat what’s been discussed. It’ll be up to other folks to get these things started, but I think the reporting and repeating is necessary and certainly worth the effort.
Far too many people think a class action will be a quick fix, a slap in the banks’ face and will get them what they want, which is usually their modification …
… it won’t.
A class action will only ask a court to examine the contractual arrangement between the class of people filing and the bank, and “award” damages (usually tiny compared to the suffering) … and take years to do it … often being “settled” with the public unaware of wrongdoing.
Unfortunately, class actions are FIRST on people’s list (only?), when it should be the last ditch effort … filing individually being first (motions to compel, injunctions, etc.) and a mass joinder after that.
The main “disconnect” in peoples’ minds is that a class action lawsuit (as opposed to a filing) will get them their modification and they can get on with their lives … or they just want the bank to hurt.
What really hurts a bank is spending money … AND being exposed for wrongdoing … so thousands of people filing individually AND making a public stink about it is the most effective way to force the banks to behave. Writing checks to lawyers is the LAST thing they want to do when it cuts into their profit. They like it fine when it leads to profit, but not when it cuts into that profit.
The last thing I’ll mention (again) is shame and guilt. Thousands have simply moved out of their homes, never having fought and never saying a word out of the shame and guilt of “financial troubles.”
Many, many people consider their finances VERY private and want people to think “everything-is-just-fine.” Once the foreclosure process starts, not only do they not know how to fight, the don’t want ANYONE to know they have trouble … and the banks have profited billions over this simple sense of guilt and shame many hold.
The banks LOVE IT when we cower in a dark corner, silent and ashamed of ourselves. They simply foreclose, repossess and people move out … allowing this perverse land grab and profit-taking.
These things tell me this situation is no accident … not the result of bank stupidity or incompetence … but planned and implemented to acquire profit. The ultimate point for this theory is the fact that the banks’ PRIMARY objective (only objective?) IS profit … so everything evolves from THAT. It appears it’s become “profit at any cost.”
Something worth repeating for readers and newcomers to this forum …
It’s pretty obvious that our society teaches us something that’s not necessarily true … that class action lawsuits are the be-all-and-end-all of slapping a corporation into line and making them behave.
Also … somehow … we’ve come to believe that a class action lawsuit will (instantly?) help us get what we want.
None of these things are true … not in the pure sense, anyway.
I tend to think (after several months of pointing this out) that folks who come and read the forum may think my posts are somehow “crackpot” … that I don’t know what I’m talking about.
The first thing to be said about that is the fact that they aren’t my words (or my idea). The discussion was initiated by an attorney several months ago … and many of us realized he was speaking the truth.
Class action lawsuits are not [necessarily] bad for corporations for several reasons. The three most important are … 1) the fact that many (sometimes thousands) of “complainers” are brought into one courtroom under one case where the corporate entity that’s fighting them only has to send one, small legal team to beat these complainers down. Strength in numbers is NOT good in this case, since one small legal team is cheap and easy for the corporate entity to fight.
2) … is the fact that most court cases are won or lost on the details of the case. When you “qualify” for a “class” many of the details of your individual case are peeled away in order for you to “conform” to the class. A judge/jury can’t consider your individual case’s details, which is often where your true complaint rests.
3) … is the often misunderstood difference between a “suit” and a “filing.” A suit forces a judge/jury to look at a contract, decide if anyone did anything wrong, either from the words of the contract or the laws that govern contracts, and decides if anyone is entitled to “damages” from any wrongdoing. The key point here (in addition to the fact that the judge/jury looks at BOTH parties to the contract) is the fact that a “suit” is generally ONLY interested in finding fault in a party’s behavior under a contract, NOT to compel one party or another to do or not do something.
A “filing” IS intended to ask a court to force a party to the contract to DO (or not do) something it should be doing … a “Motion to Compel” or an “Emergency Injunction” are examples of “filings” that are NOT lawsuits.
This is in addition to the fact that class action lawsuits can take YEARS (or even decades) to finalize, or that they can be “settled” out of court, or that CRIMINAL activity can be “gagged” from being told to the public, or that these so-called settlements can end up being pennies on the dollar from what victims actually deserve.
It’s also in addition to the fact … in this case … that banks can continue to take homes DESPITE the fact that they’re in court over it … which “filings” can help PREVENT.
It’s also in addition to the fact that those same thousands of people filing (not “suing”) INDIVIDUALLY will FORCE the banks to respond with thousands of lawyers in thousands of courts and cases … and that this trouble and expense of sending thousands of lawyers is something they utterly despise.
If you’ve read this far, you should be able to see that what we’ve been taught about the legal system … that class action lawsuits are a miracle cure … is NOT how the system actually works.
There are many people who really don’t want you to understand this … and just about any corporation … banks in this discussion … are at the head of that line.
It simply makes sense, and if we’re going to defend ourselves and our homes, we’d better be darned sure we’re making sense while we’re doing it.
I been trying to get in on the law suite agaist Bank of A merican they are crookes and riped me off with a loan modifacation all I get is e-mail about loan modifacations Sue Weatherly
Who do I need to contact to get in on this settlement? Bank of America forclosed on my home without trying to my family after 2 years of me contacting them. Then after a year of being forclosed on they called me to remodify, after my house had been sold. Someone please help….
How can I be a part of the class action lawsuit against BOA. My loan was transferred to BOA back in March of 2010. I was in an active modification (Making Home Affordable) when my loan was transferred. BOA kept giving me the run around. At first they kept telling me they didn’t receive all of the paperwork from my previous mortgage company and to wait. Then at one point they told me they received all of the documents and they were going to honor it. Then…they told me that the modification had expired and that they are not going to honor it. They even had me fill out new paperwork only to deny me. Now they’re saying they need to research my case and will get back to me. It has been 15 months and still no answer. In the meanwhile, they are tacking on late fees, even thought I have been paying the modification amount all along.
Linda
Seems we’ve all be hit by the same bullet. Is there a lawsuit pending and one I can join in NH? The frustration is overwhelming and I need to do something!
i sent in my mha package in april,they acknowledged they received my package on march 30th.i called every week to june 23rd. they told me it had’nt been assigned to anyone and that they had it.on june 29th they told me they had lost it and i would have to go through the whole process again.this is pure b.s.i hope they get their ass sued off.it is pathetic to think they won’t help customers in need,besides this is a federal act to help struggling people with their mortgage.
Hey mad in N.C.
your story sounds exactly like mine…we have gone through the same thing you are going through…I faxed all my paperwork and they told me they lost it…how funny is that. I guess that’s their forte…losing paperwork to drive us f.n crazy. Im at my wits end and Its frustrating.
Mad in PA …
There’s a reason for that …
… sounding exactly the same.
Near the bottom of this page I explain why I think it’s done.
You might also like to read through this page and the pervious page for more information.
You’re another person of several hundred on this forum … and several hundred thousand in this situation … that is evidence of an intentional plan … not incompetence.
Law enforcement and regulatory agencies …
Are you listening?
I forgot to mention that I created a petition to hold Bank of America responsible for their “criminal” activities under RICO. We should all start our own petitions at Change.org against Bank of America. The more petitions created against them, the greater the chance of being heard because so far the government is not sending anyone to prison.
http://www.change.org/petitions/the-president-of-the-united-states-hold-bank-of-america-accountable-under-rico-laws?utm_medium=twitter&utm_source=share_petition
Invalid Mortgage Assignments Rampant in Massachusetts County: http://www.totalmortgage.com/blog/mortgage-rates/invalid-mortgage-assignments-rampant-in-massachusetts-county/12900
I would like to be a part of this lawsuit. I have tried working with B of A because I have a house on the market, have transferred and am having problems paying my mortgage. I asked to decrease my loan amount and modify the length, they told me that I couldn’t do this unless I was current. I always make payments online and my payment did not post. I called B of A to make a payment over the phone and then I went in and scheduled my regular payment. Funny, they only made one payment and now have late charges racking up and no representative from B of A will help me out. I keep getting a fricken computer and when I do get a person, they are so stupid!!!!!!!!!!! I need to be apart of this because B of A sucks as a lender and someone needs to do something about them!!!!!!!!!!!!!!!
I had tried to resolve a loan modification with BAC but no luck they had for told me one lie after onother I am very worry about this bcs My Kids and my wife and me lieve in this house ..I can t hardly sleep anymore thinking they will come one day to take our house I had done everything they told me to do and talk to a million employees and no body know s nothing about anything is fustration for me already ..there any body knows about a Class act suit the I can join bcs Is out of control and I need help ASAP. Please some one advice I am In Florida THX Art.
Sue, James, Linda, Anita, Mad in NC and Kella with Horn …
Please see the notes above from both Isabel and myself. You can also read back through the forum for additional information. Simply click on “Previous Comments” in light blue at the top or bottom of this column.
Most of us came here looking for the same thing you seem to be looking for … a hero or champion to save your house for you. What we’re finding is that there are few, if any, heroes and champions and we are forced to save ourselves … mostly with self-education and personal action.
Back in Dec. of 2010 , our house burnt to the ground . We notified bofa of this on Dec.7th one day after the fire that we have called our insurance company. Once we got the check from the insurance company we tried for two weeks to get a address to send it to bank of america ,finally after a bunch of tears we got it . WE sent the check to them only to have it returned to us unsigned . WE also had a second mortage on the property . Bank of america wanted a single check issused for both companies . We called insurance company and they said no . So we sent the check back to b of a only to have them send it back to us unsigned again with instuctions to send it to 5th 3rd . We did this only to have 5th 3rd refuse to sign. This went on for months , finally we had 5th 3rd sign it but they cancelled our endorsement on the back of the check . WE called b of a and they once again told us that we would have to get another check . Once again we were told NO by the insurance company.!
WE then sent the check back to b of a only to have them send it back with a letter for a contractor to fill out to rebuild the house . WE had never been told that we had the option to take the check and rebuild until after the house had gone into forclosure . We no longer had the funds to even consider this as a option .
WE contacted b of a and told them to please take the check and pay off the amount that we owed them to get this taken care of . The check was once again sent back to us with the same letter . We finally sent a letter with our wishes to please cash the check and pay off the amout that we owed them so that we could get the rest to the second mortage company. I called them after hrs of being on the phone with them ( which is the same every time i called ) only to have them tell me that the letter of intend didn’t have both my husbands and my endosements on it . We then sent a fax of the same letter only with both of our endosements on it .
I waited till like 9 days to call them back only to be told that the fax had sit there for 9 days and that it would take a extra 14 days for it to be processed .
Now during all of this time I asked everyone if they were goin to try and charge us interest and late fees on the payments for this loan .I was reasured no that we wouldn’t be .
To make a long story short ,they just informed me like last week that we were responsible for 19,000.00 in late fees and interest for the payments .
I feel like the fees should have stopped when we nofitied them of the fact that the check would be on its way to them and once we sent them the check ,it was b of a and 5th 3rd that kept the check out there for so long .
If anyone can help me I would so be so thankful . Since the house had burnt my sponse has almost died cause of the stress of this and all the other things that have occured in our lives since the lose of our house . Is there anything that can be done about this ?
Darlene …
What a horror story.
Several aspects of it reflect what many of us have experienced with foreclosure.
Being only a participant in this forum and a homeowner like yourself (so to speak), I can tell you that I’ve only seen one attorney (that I’m certain of) post anything on this site in the year I’ve participated. There may have been one other, but I have no confirmation.
This site is not monitored by any law firm that I’ve seen or heard of. Neither do professionals post and offer help (although one “advertised” a while back). This is primarily [generally outraged] homeowners trying to figure out how to save their homes.
You and your husband have my deepest sympathy for the loss of your home and the nightmare you’ve lived. I hope you find the help you need. Perhaps leaving an email address here on the forum would help.
Best of luck.
I would like assistance with anyone else going through this similar situation. I was served with foreclosure forms/papers and had to otain an attorney to keep my house from going up in foreclosure. I have cashiers/certifed checks and all documents showing i paid and BAC has continued to state that i have not. I would like some assistance on how to make a claim against BAC for not crediting my account the “lost” certified/cashier checks. Also, i would like an attorney to assist with claims against BAC for emotional distress that this has caused because of their accounting error. I know that this society has become sue happy, but it is time that these major fortune 500 companies pay for taking advantage of us blue collared workers.
Something the Federal Trade Commission (FTC) is palming off on homeowners, hoping it will appease the demand [I’m assuming] that banks get scrutinized …
http://www.ftc.gov/bcp/edu/pubs/consumer/homes/rea04.pdf
Sorry if that sounds a little “terse,” but I found the publication pretty basic and a bit patronizing. It reminded me of “feeding pablum to a baby.”
Yes, it has the basic information about some of your options under a distressed mortgage, but says nothing about the “entrapment” that’s discussed at length by hundreds of people on this forum … or what solution there might be to REAL problems dealing with the mortgage bankers and their minions.
In my personal opinion, it’s simply another “appeasement document” from the bureaucrats … with no real answers to real life circumstances.
O.k., It seems we are not alone in this NIGHTMARE with BofA Home Loans..For the past year and ahalf, I have contacted BofA about my Job loss and to see if they could help with lowering my monthly payment. I was told to send in all the required paper work to start a Loan Modification, when they reviewed my packet, BofA told me I didn’t make enought money to re-modify. I started my new job,then they {BofA} told me i made to much money and I should be able to catch up my late payments,when that job came to a end and i started a new job {Lower Pay} they {BofA} told me i did’t have enough income to meet the requirements needs. This last go around,BofA told us to just move out of the home and then they would take it back…THATS NOT GOING TO HAPPEN !!! I have even writen letters to the Pres.Obama and to the United States Congress….SOMETHING GOT TO GIVE !!…This is the 3rd. time i have sent in my paper work and everytime it’s something new,NOT ENOUGH MONEY, TOO MUCH MONEY,NEED MORE PAPER WORK, AND NOW MY CREDIT SCORE IS TOO LOW…The Banks have got to relise that all the Job losses,and the High price of Fuel, and Food are not OUR FAULT!!! I have spoken to at least 50 people in BofA Home Midagation Dept. , and everyone i speek to tell a different story. I READY TO GO TO COURT ON THIS MATTER!!! –ROBERT–
Hello All. Just received an email from my fellow warrior, John Wright and he pretty much “woke me up” regarding a notice that all BAC (Bank of America) customers will transferring the servicing to Bank of America N.A. I also received this notice and on line (2) b), it will say who is the creditor or investor on your loan. You will have 30 days to dispute this. I sure plan to dispute it. Everyone should do the same. It should at least buy some time. Go to John’s website for more info. Here is what John writes in the email:
” Warning!
Did you receive one of these notices that informs you the BAC is transferring servicing to Bank of Destroying America? On the 2nd page it identifies the creditor who owns the debt and gives you a 30 day window to dispute ownership of the debt!”
Read all about it at John’s Daily blog: piggybankblog.com/2010/06/03/johns-daily-blog-2/
WE THE PEOPLE UNITED STATES OF AMERICA SHOULD TAKE ALL OUR MONEY FROM THESE MAJOR BANKSNKS AND PROMOTE AND SUPPORT YOUR SMALL LOCAL BANKS:
1.) BANK OF AMERICA
2.) WELLS FARGO
3.) CHASE
4.) CITIBANK
I am a resident of Oregon and would like to know if there is a class action lawsuit from from our state. Most of the information that I have found on the internet and through searches is from different sites and forums where people are outraged with BOA’s negligence and underhanded practices.
For what it’s worth:
I was laid off in September of 2009 and started the “Making Home Affordable” refinancing process with BOA. They initially refused me as they said that UI was not a viable source of income even though every other establishment that I had to report it to validated it as “income”, such as the IRS and state tax board.
I was informed by a BOA representative to cease paying my mortgage since it was not enough to cover the full payment and they would be considering anything less than a full payment a faulty payment and additional charges would be assessed and applied to the account. I stopped paying and was served with an “Intent to Accelerate” notice within a few month attached to my front door, which I wasn’t expecting because I was going through the MHA process and informed by BOA to stop paying my mortgage payments. At this point, I was again asked to start the process. Within a two month period, I was asked to complete the exact same paperwork more than five times. When calling back to ask about the progress of the process, I would have to shuffle through three to five different sets of the exact same paperwork per call.
After speaking to literally dozens of representatives from BOA per call on an almost daily basis I became frustrated with all of the improper reporting, mishandling, and otherwise irresponsibility on their behalf concerning my financial information so I decided to document everything that was happening.
Obvious to me it has been almost two years worth of phone tag, phone shuffling, phone passing, and countless responses from BOA representatives stating similarly, “I don’t see anything about what you are asking about.”, which would then elevate my sense of frustration and my patience would slip to the point of my tone of voice would no longer conceal my frustrations. I would then be asked, “May I take a moment to look at your account further?” and tell me they would be back momentarily. They would eventually return with some sort of excuse of why things didn’t go through or that something wasn’t filled out properly six months prior, or that the process had not even started.
Currently, I have an over 3,000 word count 6 page document detailing every interaction that I have had to endure with BOA. Some of the documentation is in broken and incomplete sentences. Other parts are full of superfluous detail. Most of the names that representatives would give me are merely first names with no way to identify them, but when a representative gave me their ID number or extension, it was immediately written down. I was never allowed to record a conversation and would tell me they could go no further into discussions if I did so, but yet they always state the phone conversation would be recorded on their end.
All of this is for the simple request of an Oregon attorney that is willing to file a claim in the class action lawsuit against the fraudulent activities of Bank of America to reply to this or to send me an email to let me know where I need to be directed for further assistance. (letrappeATyahooDOTcom) I have paperwork and written documented phone conversations between me and representatives.
Dear All:
On May 16, 2010 I contacted my mortgage servicer BOA to get help with my mortgage and was told that they couldn’t do anything for me because I (my loan) was not in default and to just continue making my mortgage payments. My mortgage was affordable at first when my original loan holder UMAC of Arizona had it, then it was picked up by Countrywide Bank and it was still affordable. Sometime in early 2010 I received a check from BOA and a statement telling me that they had acquired my loan from Countrywide Bank and that they were inclosing an Escrow Overage check in the amount of $8xx.xx. My first reaction was great, I’ve been overpaying and someone caught it. Shortly after that my mortgage began to rise… due to Escrow underage, to the point where it has now gone from $1300 a month to $2100 a month.
Anyway back to the main intent of the letter. After speaking with BOA and being told that they could not help me because I was not in default I decided to let my mortgage slip a couple of months to get assistance. I figured that worse case scenario I would still be able to catch up my mortgage if worst came to worst. So I did not pay my June 1, 2010 and July 1. 2010 payments and when I called them again to get assistance I was informed that my account would have to be at a minimum of 90 days in default. I was so frustrated that I said fine and didn’t pay my August 1, 2010 mortgage.
My reason for assistance with my mortgage originally was because I had taken in my 84 year old mother who could no longer live alone in Kansas and moved in with me in March of 2009. I did not know when she came to live with me that she was in worse shape then I had originally been told by my siblings. She was suffering from “Severe Dementia” and could not be left alone. I hired a Caregiver for her while I was at work and could only afford 6 hours a day. ($300 a week) My routine for 14 months was get up go to work, and then run home as quickly as possible to make sure I was home before her Caregiver would leave at 5:30pm a very tight schedule to say the least. Then on August 19, 2010 my job as a Telecom Manager was eliminated as my company decided to have a one stop shop for Room Reservations, PBX, and Casino Services. Now adding to my stress was the fact that I now only had unemployment and my Moms Social Security to live on. I am still unemployed and looking daily, however my job type is not always on the market especially in today’s economy. I filed the Make Homes Affordable paperwork out and sent it to BOA and in return they sent me the same paperwork to fill out all over again. They are not communicating with me. At first they kept telling me that they didn’t receive it, so I sent it to them again with a return receipt. Then they told me I was missing paperwork that I know I enclosed in the packet. Then they told me oh yes we have it however we need a copy of your “Signed 2009 Tax return. I had failed to sign it because I had done an efile return and my signature was electronic. I asked them to give me an exact list of what they needed and they did. I once again submitted all of the paperwork as requested and sent it to them on Dec 1, 2010. Once again they never received the packet and offered me a fax number to send it to them, so I faxed it to them on Dec 14, 2010. They advised me to call back in a few days to give them a chance to update their files. I then called them back on Dec 16, 2010 and was given another fax number to send it to and to be sure to include the Loan #. I then called again on Dec 20, 2010 and was told again that the fax was not reflected on the account, and that it should reflect by Wednesday Dec 22, 2010, but to call back on Tuesday Dec 21, 2010 as it may post earlier. I kept calling and it seemed like every time I called they told me my account was reassigned to a new representative and to call back in about a week. I called them back on Wednesday Dec 29, 2010. And they acknowledged the receipt of all of the needed documents and that yet again I had a new rep by the name of Ebony and that the next review would be on Jan 26, 2010 and to call back after that time. They gave me a direct phone number to “make it easier” to get through that turned out to be a fax number.
I called back on Jan 2, 2011 and was told that there were no updates as of yet, and to call back every two weeks, not to worry because my home was not in “Active Foreclosure”.
I know that Nevada has filed a law suit against BOA and I am wondering if there is any help out there for me. I am afraid of losing my home and the thought of my now 86.5 year old mother being homeless.
UPDATE: I was finally contacted by BOA again in Feb 2011 and the rep told me that she was now handling my account and needed to ask me a few questions, which she did, and then told me that Yes you do fit within the guidelines for assistance and she would forward my paperwork to the appropriate dept. “Appropriate Dept”?? I presumed that it was already in the right dept. Within 4 business days I received yet another packet from BOA just like the 4 I had already filled out and filed with them. I called to find out why I was again receiving the same packet for a 5th time and was told that it was necessary for each rep to have an original copy. What a load of … Well, I’m sure you understand my frustration. I filled it out again and sent it via the provided FEDX packet for immediate delivery. I received a call the first week or so in April and was connected to yet another BOA rep who asked me some more questions and notified me that he was sorry but “You, do not qualify for a ReFi, due to your lack of proof of income.” I told him that I do have income, I’m just unemployed and that I didn’t apply for a REFI, I was applying for a Home Loan Modification. He stated that due to my unemployment that BOA could not assist me. When I asked him what I was supposed to do he advised me to try HAMP. My original Home Loan Modification paperwork came directly off the Government website for Makehomesaffordable.gov
What the heck am I supposed to do now? My Mom is in St. Joseph Transitional Rehab and I’m afraid to bring her back home now, because it would be too upsetting to think she could end up on the street. I’m running out of time and I’m just ready to give up, I’m so tired, depressed, and I have put everything into this home. I’ll die if I lose my home and no place to take care of my mother. I have had several job interviews and they have all gone well, however I keep getting shut out due to last minute applicants from within that get promoted and close me out. I am currently waiting to hear on a positive position with SmartCity that looks very promising and have been told that I am their leading candidate. Great money, and position, however I feel it will be too little too late. Please help me.
Sincerely,
John Davis
Hopeless in North Las Vegas
that is exactly word for word that as been happening to us..only we have been waiting for 2.5+ years until the other day when we received a letter from BAC they can not help! I want to be part of this class action suit too!
Audrey …
I seem to be the one primarily nominated to help “correct” people’s understanding when they first come to this forum/blog, which I’m happy to do. The more people there are that properly understand what we’ve gotten ourselves into, the better we’ll be able to defend ourselves and hold the bans accountable.
1. Class action lawsuits aren’t necessarily bad for the banks. It brings all the “complainers” under only one suit, which silences their individual voices, and that’s not a good thing.
2. Class action lawsuits make it possible for the company/corporation/bank being sued to send only ONE small legal team to defend itself. That’s cheap and easy. That’s precisely what they want … cheap and easy defense.
3. Joining a class action suit peels away the details of your case, and cases are won and lost on the details. Judges and juries literally cannot hear your details since you have to qualify for a class with limited criteria … eliminating the details that could win your case. (“Mass Joinders,” however, maintain your details.)
4. “Filings,” not lawsuits, can be a far more effective way to move your case forward. Filings are things like “Emergency Injunctions” and “Motions to Compel” ask a court or judge to force the banks to do something they’re not doing or stop them from doing something they shouldn’t.
5. Not only are “filings” individual to your case, but the banks are forced to respond to each and every case and filing, which is FAR more expensive than class actions, and they HATE spending money.
6. You’ve made one of the classic mistakes virtually all of us have made. You trusted the bank to “do-the-right-thing.” That’s not their job. It’s not the banks’ responsibility to “service” you or to make sure you have a roof over your head. Even when we stick our heads in the sand and say it isn’t so, the banks’ ONLY job is to collect as much money from you as they can get away with. That’s what their boards of directors, executives and stockholders expect. MAKING MONEY is their ONLY objective, no matter what our society has taught us to believe.
7. Lawyers (a few less lately) have been running away from these cases at lightning speed, mostly because the banks have a TREMENDOUS amount of knowledge of real estate and contract law and access to floors and floors of lawyers in their multi-million dollar complexes and multiple outside firms, when homeowner’s attorneys stand on their own without that knowledge. As a result, WE have to stand on our own two feet and become knowledgable of the law ourselves. Many on this forum/blog have gone to lawyers and those attorneys have told them that those homeowners know more about the law than they do … simply as a result of being forced to understand what they’ve gotten themselves into.
8. Some people say that the banks are either incompetent or stupid. They’re NEITHER. They are VERY smart … and so are their staffs, even if they don’t realize it. Banks do not train their employees … spending hundreds of millions of dollars to do it … to do things WRONG. When the banks first started to design this scheme, they asked their army of lawyers how they could get away with stealing homes without getting caught. The answer was something from your first year of law school … you can’t look “malicious” but you CAN look stupid. Courts forgive stupid, but they have to prosecute malicious.
This is just a TASTE of what you have to learn about your situation. For your own sake, read through this page of posts and the previous pages for a sense of what you’ve gotten into. Self-education … not dependence on lawyers or lawsuits … is what protects you and moves your case forward.
correction … “hold the banks accountable”
I was also taken advantage of BOA as well, I went through a divorce and loss of a second income and everything BOA wanted me to do such as sending them a Hardship Ltr, Divorce Papers, etc., and what was supposed to take 30 days took more like 6 to 8 months with excuse after excuse of lost paperwork, missed phone calls, and the list goes on. So eventually BOA gives me approval for a loan modification. When you’re in a loan modification they give you three trial pmts to make and by the end of the third one it locks you into that rate. Well when I was on my last trial pmt BOA went and sold off my mortgage to Aurora Loan Servicing and then Aurora Loan Servicing tells me that anything I had in place with BOA doesn’t exist and that I would have to start the modification process all over again with them. Again, what was supposed to take 30 days took months. They ended up eventually approving me for a modification but then the terms were riduculous, I had been in my house for 9 yrs already and they wanted to bump me back up to 30 yrs with no equity and a savings of $125.00 and interest that would be tacked on at the end of the mortgage. When I didn’t agree to this they all of a sudden said I was dissapproved because they found my ex-husband had an IRS lien of $6000. How do you approve someone for something and then take it away? Anyway I think this whole modification thing is a big scam. The banks had no problem when it came to taking the taxpayers money for their big bailout and like a slap in the face still distributed their big bonuses as well with this money. It was through these modifications that the banks were supposed to help out the little guy (the taxpayer) in return for the help they received and yet here we are again (the little guy) getting bent over and taking it as usual. Wake up America we cannot allow scams, greed and crooked politics be the norm. These corporations need to be held accountable. It’s a shame that with everyday America is seen slipping away more and more and going under like the Titantic and it’s not right. Where’s the Strong Country that our forefathers fought for?
Chance, Robert, Will, John, Lisa and Debra …
I would strongly suggest you read through several posts I’ve made on this page and previous pages, particularly recently, as well as other peoples’ posts. This situation may not be what it seems. Unfortunately, many of us have gone through a learning process about how all this REALLY works (I’m here a full year) … and you may need to read and learn also.
To read previous pages, simply click on “Previous Comments” in light blue at the top or bottom of this column.
I can’t emphasize this enough …
There are no heros on this forum (save perhaps Isabel above, who is simply amazing) and there are CERTAINLY no attorneys hovering over this forum dying to save you from the big-bad-banks.
Neither are there class action lawsuits simply to sign up for … and that’s on top of the fact that a class action wouldn’t necessarily get you what you may want … which is probably your modification.
Anyway … at the very least … even if you’re not going to read back over the forum and learn … please don’t miss the list on the link below. It was developed from conversations on this forum from people just like you going through virtually the same thing …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
… or this explanation/story of how this is all may have come about …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
A Note for New Posters …
I have a caution.
Having participated in this forum for a year, I’ve seen literally many hundreds of people pour their hearts out and tell their entire history in this nightmare here on the forum.
That’s fine … really … and I read just about every one of them. Venting is terrific. It’s a good way to get your feelings out there, and many of us are empathetic since we’re going through it, too.
But there’s a real, honest-to-goodness problem with all that typing:
It’s not likely … not likely at all … that anyone in authority will actually DO anything about what you’ve written.
I’ve heard of very, VERY few instances where anyone with any weight … including attorneys (much less agencies or officials) … actually contacted anyone … or helped anyone.
They’re simply not out there …
… and if they are, they’re only reading to monitor, not help.
THE most CRITICAL thing people have learned about this situation is that we have to HELP OURSELVES.
Only ONE attorney (to my knowledge) has ever posted here … and he did it at great risk to his career.
We have to be our own “saviors” and learn what we’ve gotten ourselves into … then literally become warriors to fight for our homes.
It’s just that simple.
I agree that someone in authority may not respond to our postings, but I just posted my situation in hopes that maybe someone had a similar experience and can share some helpful information. I think that is one of the best ways for us to help ourselves and each other. At this point, I am at a loss and welcome any input and feedback that others in a similar position can offer.
Thanks in advance.
Danielle …
Please see my post just above this one. There are links that you may find helpful.
ive been dealing with a loan mod for almost 3 yrs,from countrywide to boa.i have done three mods & promised in 7 days look for your packet cause i was approved for the remod.with a remod you make trial payments which is supposed to be lowerd mine wasnt were did the money go. got scamed 1500 dollars from franklin law out of miami & have contact name &email.theres more to this story they want to fore close on me cause i quit making those promise payments for almost 2 years weres that money. now im on disability for 3 years now ,i worked in the union laberors and made good money.now im bankrupt im stressed out have a 74 year old mom that dont have a pot to piss in and on oxygen she is worried sick and im worried about her and do i have to go on.i want what is coming to those fraudulnt con artists and want there life style for what they have put us thru and myself i deserve some justice.
My husband and I requested a loan modificaion for our home with BOA in 2009. The bank refused to accept our income and we were told that we had to provied an additional 200.00 a month income to be approved. I lost my job in 2008 and have not been able to find work. After all was said and done BOA did a loan modification that lowered our payments 100.00 per month. That was not nearly enough to accomplish what we needed. We are STILL strugglijng to keep our home. We are debating at this point to rent an appartment and leave the home we have had for almost 26 years. This is failure on BOA part. Please do something!!!!!!!!!!!!!!
Folks …
I thought I’d share an email I just sent to someone who has become a friend through this web site. She’s a homeowner just like us struggling to understand this nightmare. It’s “friendly” advice, not professional advice.
It’s also about “filing” against the bank(s) not “suing” the bank(s) … or in this case defending herself against a filing BY the bank.
It’s pretty fundamental, but we’re faced with UNDERSTANDING the fundamentals since few of us understand how the legal system works. I hope you find it helpful —
I have to make several assumptions about your case based on what you told me, so I could be way off in left field.
It sounds to me like you were able to get some sort of delay on the eviction … and now the bank wants to restore it (writ of restitution).
Remember that going to court is NO DIFFERENT than having an argument with another person with a referee in the middle.
The only slight difference is that you’re not speaking to the other person, but to the referee … the judge.
Now … I do not know what a “leave to appeal” is, and could only take a wild guess based on what you’ve called it.
Again … and I believe I’ve mentioned this before … you’re in a position where you need to ask the court for TIME to defend yourself and build a case against the bank.
Pardon the caps, but I need to ram this home … YOU DON’T EVEN KNOW IF THEY HAVE THE LEGAL RIGHT TO FORECLOSE.
Neither does the judge. The judge is ASSUMING all their paperwork was legal and in order and that your property was never registered in the MERS system and they still have the paper contract … WHICH THEY MUST HAVE.
You don’t even know if the original papers were “robo-signed.”
It sounds to me like you’re getting bogged down in terminology you don’t understand … a writ for this and a stay for that … not fully understanding what they mean.
First of all, if you don’t understand a term, look it up.
I can’t emphasize this enough. Don’t let words bog you down. Learn what they mean.
Secondly … again … this is an argument between you and the bank … THROUGH THE JUDGE … so you must make the judge understand your position.
Are you willing to pay your mortgage? HAVE you been paying your mortgage? How much and when? How much time do you think you need to build a case? Six months? Three months? Or leave it up to the judge, just asking for “time”?
What do you SUSPECT the bank of doing wrong? What do you KNOW the bank did wrong? What is the bank doing in your State or the rest of the country?
What agencies, politicians or law enforcement entities have problems with the bank? Who else is having trouble with this bank? What kind of trouble is it?
You have to EXPLAIN all this to the judge.
When you have an argument with someone, you don’t just say “I’m right and you’re wrong and that’s that” … right?
You EXPLAIN yourself to the person and tell them WHY you’re right … right?
You can’t just say “These are mean, bad people” and expect the judge to side with you … right?
You have to muster every detail you can possibly find to explain to the judge WHY they are mean, bad people.
Not knowing the specifics of where you’re at or what you specifically need LEGALLY at this point, this is the best “advice” I can offer.
After you show the judge why they are mean, bad people, ask the judge for time to PROVE that they are mean, bad people … and you deserve to stay in your home … not get thrown into the street.
One KEY POINT here is the fact that (the judge) letting you stay in your home while you build your case (AND are paying at least your trial payment) means NOTHING to a bank worth billions of dollars, but means EVERYTHING to you since it’s your HOME … where you live … and have worked very long and very hard to get it and keep it.
You need and deserve this home, and you need the time to prove to the court you’ve been wronged.
Anyway, hope this helps.
Holler anytime.
— Don
Update. The meaning of “Leave to Appeal” —
“… means to appeal after the judgment was rendered wherein the number of days for prescription of the appeal is suspended.”
“… is a formal means of asking for the right to appeal.”
I would like to join this lawsuit! Bofa did not work with me at all and took my home and they also fixed the loan to give me a loan I could not afford before I closed on the loan and tried to get my deposit back! Can an attorney please contact me regarding this matter at: apps126@gmail.com
Keith …
It may be an idea to look a little deeper into your post and what you are asking for.
I have some questions.
Are you a resident of Washington State? The lawsuit listed that initiated this forum is only for residents of that State.
Now … interestingly … an unsubstantiated report says that this specific case has been combined with other class actions and was transferred to a Massachusetts (case number 1:10-cv-11876-RWZ). You’d have to contact the Seattle law firm “Hagens Berman Sobol Shapiro” in Washington State (or California) to find out if you could join (and ask about the REAL status of the case) … or research and contact one of the other 15 law firms representing other homeowners.
http://mklenahan.wordpress.com/2011/04/05/class-action-against-bank-of-america-for-fraudulent-loan-modification/
Were you aware that class action lawsuits force you to “conform” to the “class” where you could possibly lose the details of your case, and those details may be what your case could be won or lost on? Many people don’t realize that a class action lawsuit can literally “destroy” your ability to be heard fully in a court of law. “Fully” meaning your specific problems and circumstance. A class action can “whitewash” the details of your individual case, peeling away and losing elements that could make a court see your side of the argument.
Were you aware that attorneys do not post on this web site? They may “monitor” what people say here (and there’s no proof of it), but in a full year, I’ve only ever seen one post anything … and at great risk to his career. If, in fact, you get a lawyer to email you, I’d be very interested in hearing about it. If you do, please contact me at donsweetATverizonDOTnet.
Did you ever actually buy and occupy the home? The Washington State lawsuit is about MODIFICATIONS of existing mortgages, not initial mortgage contracts. There is a night and day difference here.
One thing you imply in your post is “I’m-pissed-off-at-the-bank-and-I-believe-a-class-action-lawsuit-will-get-me-retribution.”
Think about that.
Do you really think that’s the case?
One really, really, really, big, big, problem with what most people think about our legal system is that “suing” will somehow magically get us what we want and somehow slap down the evil people attacking us … and that class action lawsuits are the best way to do it.
Wrong.
Here’s a hard fact about where we find ourselves …
Courts listen to “arguments” between people (parties) that disagree … civil courts, that is … not criminal courts.
Courts … and in this case an argument over a contract … are disagreements heard by a referee … a judge and in some cases a jury.
You might think that a bunch of people (possibly thousands) going into one courtroom under one case yelling about how some big-bad-bank did them wrong will somehow get them “justice” … or at least get them what they want … maybe that’s money for being hurt and maybe that’s just their modification.
But bringing all those “complainers” under one case gives them only ONE voice … not potentially thousands.
One case, one legal team, one limited “set of criteria” for every complainer … ONE argument … to be heard by ONE judge or jury.
That’s cheap and easy for both the court and the “big-bad-bank.”
Is that what you want?
Something to think about.
My spouse and Iat hte time had gotten a mortgage on a house in Texas. The place of business that had our note went out of business. When I called to find out where my note was sent they replied Bank of America. I contacted B of A, they said they didn’t have my note. Since then the house was foreclosed and resold. Now my ex wife and I are being sued by Rural Devlopment saying they have incurred 140,000 dollars of debt by paying it off. I don’t understand how the bank can say they didn’t have the note, and another outfit says they paid it off. The house originally closed for 138’000 when we got the loan, and I think our government should step in and stop all the nonsense that is going on. It’s hard to pay your mortgage when you don’t know who has it. Hopefully our American government will step in and help us and the thousands of others that have been done so injustice.