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Bank Of America Mortgage Modification Class Action Lawsuit

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

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

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

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

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  • Don S. - Pennsylvania July 21, 2011, 8:44 am

    Interesting news …

    This article reads like goobeldy-gook too most people and is packed with big-money-talk, but basically what it says is that the bank is running low on cash-in-hand that it’s required (by law) to “hold in reserve.”

    http://www.zerohedge.com/article/bank-america-tumbles-paulsons-cost-basis-following-report-bank-will-need-50-billion-more-cap

    It also says that the bank is trying to borrow money (by selling what are called “bonds”) to keep solvent (stay in business) … but with an interesting twist. Note the use of the word “shoddy” and “fraudulent” in the following quote …

    “The five largest servicers may pay more than $20 billion to settle probes by the U.S. Department of Justice and 50 state attorneys general over shoddy mortgage servicing practices…Bank of America may also have another $5 billion in costs tied to repurchase demands from institutional investors and could face other expenses related to securities and fraud allegations on soured Countrywide loans, the company said.”

    Personally, and this is just my opinion, that the word “settle” should never enter into the discussion. In my view, “settle” is precisely the same as “payoff” and could even go as far as “bribe.” Money shouldn’t be a substitute for wrong-doing. Unless fines and so-called settlements go to the victims, it’s a useless gesture and, in fact, a sham.

    But then, that’s just me.

  • Felicia McDonald July 21, 2011, 10:31 am

    I entered into an agreement with BAC before I was behide in my mortgage, seeking a loan modification when the program went into effect in Chicago, my mother was very ill and I had just lost my job and I wanted to be able to stay in our home because my mother had Alzheimer’s, BAC took more than a year before I heard anything about the modification and then they denied me. Also I had buyer protection insurance that I paid for every month with my mortgage payment for 4 years and when I sumitted a claim I was denied because I failed to notifiy within the first 365 days of unemployment, if I had not been waiting on the modification the insurance would have paid up to 6 months principals and interest and now they BAC have started foreclosuer and me and my mother might be in the streets!!

  • Felicia McDonald July 21, 2011, 11:17 am

    Is there a class action suit in Illinois, Chicago, because I would like to sign my name to it I have been a customer of BA since 1999 and I feel I have been screwed by them.

  • Don S. - Pennsylvania July 22, 2011, 10:58 pm

    An article of interest (particularly for Massachusetts residents) …

    boston67.blog.com/mers-mortgage-securitization-county-recorders/peoples-hero/

    It also leads to this article about [the continuation of] robo-signing …

    news.yahoo.com/ap-exclusive-mortgage-robo-signing-goes-205459921.html

    Some quotes from the article …

    “My office is a crime scene,” says John O’Brien, the registrar of deeds in Essex County, which is north of Boston and includes the city of Salem.

    “So far, no individuals, lenders or paperwork processors have been charged with a crime over the robo-signed signatures found on documents last year. Critics such as April Charney, a Florida homeowner and defense lawyer, called the settlement a farce because no real punishment was meted out, making it easy for lenders and mortgage processors to continue the practice of robo-signing.”

    “The signature of a qualified bank or mortgage official on these legal documents is supposed to guarantee that this information is accurate. The paper trail ensures a legal chain of title on a property and has been the backbone of U.S. property ownership for more than 300 years.”

    “The county officials say the problem could be even worse than what they’re reporting. That’s because they are working off lists of known robo-signed names, such as Linda Green and Crystal Moore, that were identified during the investigation that began last fall. Officials suspect that other names on documents they have received since then are also robo-signed.”

  • Judy July 24, 2011, 2:58 pm

    I am another victim in Ohio of BAC!

    • jeff July 25, 2011, 10:20 am

      judy please e-mail == would like 2 talk 2 u about lawsuit = am in ohio also

  • jeff July 25, 2011, 10:22 am

    please e-mail am also in ohio

  • Isabel S - Florida July 26, 2011, 10:21 am

    Check this out: “MAIL FRAUD AND WIRE FRAUD, CHAPTER 18, USC (RICO) AS A BASIS FOR DAMAGES AGAINST THE BANKS”: http://t.co/uwYueNi

    All I can say is: It’s about time!!! I had predicted months ago that these criminal bankters were going to be flooded with RICO lawsuits. There have only been a few so far which includes my lawsuit. I filed a RICO lawsuit against Bank of America in December 2010. My husband and I will have no problem proving our allegations in court.

    The unnecessary abuse that Bank of America has caused me and my family caused long-term damage. I might be impaired but I am still fighting back. Please read our press releases about our case here: http://www.free-press-release.com/news-florida-couple-file-lawsuit-against-bank-of-america-for-mortgage-servicing-fraud-loan-modification-and-rico-without-an-attorney-1299633088.html

    Mark my words, Bank of America is a Racketeering Enterprise! Please read my article here: piggybankblog.com/2010/11/16/bofa-racketeering/

    Bank of America must be held accountable under RICO for Racketeering. Please sign this petition: http://www.change.org/petitions/the-president-of-the-united-states-hold-bank-of-america-accountable-under-rico-laws

    Do whatever you have to do to stop this Mafia from ruining your lives. Get an attorney, join a class-action or even sue them yourself (pro se). We need to stop this Monster called Bank of America before more lives are destroyed. Don’t let them STEAL your home, fight back. Bank of America wants you to give up and the statistics show that most of their victims do. Don’t be a Bank of America Victim any longer!!

  • Theresa DiMartino July 26, 2011, 11:54 am

    I was denied my 2nd loan modification, got letter yesterday. 7-25-11.
    All I wanted was a reduction of my mortgage payment $300 or $400 . I honestly didn’t think this was too much to ask for. My income has decreased, my chid support decreased, cost of living is up, my house is worth less than I owe….. I am ready to throw in the towel. Foreclosure – ok. BOA had given me hope that they would be able to help me. after months and months of re-faxing the same requested documents – they deny me. I am a single mom with 10 year old son, life is stressful enough for me, I don’t need to keep stressing about the house payment… I will move, to an apartment… one that I can afford…. but no yard for my son to play in, just wanted to voice my thoughts today. thanks

  • Theresa DiMartino July 26, 2011, 11:57 am

    I was one of the thousands that got a home loan with Countrywide, and was screwed by predatory lenders…. I wish there was something that could be done… but in all honesty, I believe BOA is just wanting to foreclose – they haven’t helped anyone that I know with a modififation they could afford. All talk, no action.

    • Ardria P. August 24, 2011, 9:41 am

      Theresa, I hope this will help you. All I did was e-mail the CEO and told him everything I went through with Bank of America, and I received a phone call the next day, and the matter was settled with in 3 days. It took me from 2009 until 2011 back and forth, one email to the CEO only took 3 days to get taken care of. BrianMoynihan@bankof america.com p.s. I wish I had known this back in 2009.

  • Don S. - Pennsylvania July 26, 2011, 12:24 pm
  • Don S. - Pennsylvania July 26, 2011, 12:35 pm
  • Cheryl Baldwin July 26, 2011, 2:47 pm

    I have been dealing with Bank of America since Feb 2, 2010 trying to get my morgtage modified. It has been pure hell. They told me to intentionally go deliquent on my mortgage and keep it deliquent always for 61 days so that it would keep me in imminent default so they would modify it. We were late two months and when we got are taxes back we paid them off. Because we made our mortgage current the denied our modification. This was after a year of being in review and at the end when they said that we should be recieving our trial payments soon. Well the tax money is gone and I am still in same situation. We are still victims of a plant closing and loss of income. Now they told us that we have to start the same process all over again. It’s bad enough that you are in the situation you are in, but to get told you qualify from day one and after a year goes by they decline you and tell you don’t it just adds to the already frustrating situation you are in.

  • Danielle July 26, 2011, 5:00 pm

    I wish I was at the stage where I had a modification to complain about, but I applied for my modification through BOA in April of 2010. Here I stand, July of 2011. Not one single piece of correspondence from them. I call weekly to be told that my case has now been “referred out” for other options (options which nobody can explain to me). I meet all of the criteria for the FHA Unemployment Modification (called “UP” I believe). I can’t get any help and am falling behind on my payments. I missed two payments over a year ago but have not missed any since. Now, the letters threatening foreclosure come once a month. I have faithfully paid my mortgage since I bought my home. I went to a HUD counseling center and was told that since my only income was unemployment that I would eventually get denied and that they couldn’t help me. Hello??? Then why is the FHA modification specifically for people who are on unemployment even in existence? Even so, I qualify for programs other than that specific one but BOA just keeps giving me the run-around. In July of 2010 they “didn’t have any of my paperwork” although I had confirmation that they received it all. Then in August of 2010 I was told that my house was up for a short sale (which I knew nothing of). Apparently I was put in for short sale due to a computer program glitch! They fixed that. Then in September the same computer glitch put me in for a short sale again. I only knew any of this information because I continued to call them. I have been gainfully employed for 23 years and got laid off last year as a result of the economy. My house is not worth what I owe anymore, also due to the economy. I am lost and need help and can’t find it anywhere…. Any advice or information would be greatly appreciated.

    • Rosie L mcdaniel August 2, 2011, 10:31 am

      Have you called the Federal Trade Commission? I did and they told me if i could get more people to call and complain that they would do a very big investigation on them again…….

  • sharon July 26, 2011, 7:38 pm

    Bank of America foreclosed on my home and still cashing my checks.If there is a lawsuit and someone could steer me in the right direction,I would be very happy.

  • Don S. - Pennsylvania July 26, 2011, 10:52 pm
  • Isabel S - Florida July 26, 2011, 11:33 pm

    Good video to watch: “The banks have been caught committing mortgage and foreclosure fraud.” http://www.youtube.com/watch?v=qHId5wwmTv0

  • Isabel S - Florida July 26, 2011, 11:36 pm

    Another great video: “CBS 60 Minutes Mortgage Fraud Exposed & MERS Fraud Stops Foreclosure” youtube.com/watch?v=t8TyIOxDM_s

    • Don S. - Pennsylvania July 27, 2011, 11:23 am

      Isabel …

      Were you on this forum last year when posters were pushing for a mass emailing asking 60 Minutes to look into this?

      Seems it took a about a year, but they finally responded … and with the story we asked for.

  • Sandy July 27, 2011, 2:34 pm

    I have posted here before. Same old story. I have a sole suit in place. I have just lost my attorney (I guess David did not want to fight Goliath anymore). I however, will continue this fight. I am at a loss however of who to hire to represent me. I am in the state of Texas. I cannot even get an attorney to return a phone call. I am happy to pay an attorney what I can. I don’t have deep pockets like BAC, but I do have some resources. I want an attorney who knows of this subject matter. I have just received from BAC attorney last week court filing of Motion for Summary Judgement. Hearing is set for August 18. I am running out of time – I need representation. I have also been told that if I don’t file my own answer in response to the Motion for Summary Judgment with the court, it will be VERY unfavorable for me at the hearing. All I am asking is for a list of recommended attorneys. Can anyone help. I am in Texas.

  • Don S. - Pennsylvania July 28, 2011, 10:39 pm

    This would NOT be good legislation …

    http://act.demandprogress.org/letter/bank_whistleblowers/

    It might be a thought to contact your representatives to speak out about this one.

  • Jamie Cragle July 29, 2011, 11:14 am

    I am just like most of you. I had the Country Wide loan, 3 year ARM. The loan was done under the trade name American Lenders. Robo writing, to foreclosure issues, went through 3 Modifications with Bank of America after they bought. They don’t have paperwork. Etc. everything that has been on the news about this is what I was going through except I wasn’t foreclosed. I got into one mod after another. I went through a consumer credit place and had them handling it. (Even with the consent form they would not really speak to the company.) I also went through are local Housing Authority which is in the State of Wyoming, the only state not pursuing a class action suit against them.
    I made my last trail payment in June (They raised my payments $300.00 more a month) and in July after not getting any information back on the modification received a phone asking me when I would be making my first trail payment. :O. I was blown away. I then decided it was time to hire an attorney and fight this. My loan was going to get foreclosed on no matter how I played the game. I hired this person

    Jacki West
    Altegra Mortgage Solutions
    Senior Underwriter/ Homeowner Advocate
    P: 800-590-8527 EXT 236
    F: 888-424-8961
    jacki@altegramortgage.com

    I am not advertising this coming merely letting you know that every company that contacted me to help with my loan wanted $7,000.00 to $10,000.00 dollars to look at it. Scams I mean one after another.

    I spoke with Jackie from Altergra Mortgage and she didn’t want any money up front. They want the information so they could see if they could help first. Wow. That was great. I sent it to them and they gave me honest answers.

    I am not sure what happened but I was contacted three days later by Bank of America and they finally modified my loan. It was an ok deal. Not what I was hoping for but it at least gives me a chance to go back to normal for now. I let Jackie know they made me an offer.
    Now there is a fee for their services but it is a fair one for people that are in this situation. Payment plans not up front etc. It was great deal. She told me that she would look at what they sent me and see if there is anything to be worried about. She agreed that it looks good and told me to accept. She is an underwriter. I asked if I needed to pay and money and she said no only if there is something that we can do for you. Again I was floored. I did get my Modification finally. We all know that this is not over but, at least after 2 1/2 years of fighting with Country Wide and Bank of America I am done for this moment. LoL

    I hope that all of you keep pushing and don’t stop. Make them see what they have done to all of us. Make them take responsibility for the bad loans and steering the generally public into these situations and for playing with our heads for so long. I applaud all of you, the attorneys to consumers for fighting this battle and not giving up. God knows I wanted to.

    Jamie Cragle
    Wyoming

  • DAVID SYLVESTRE July 30, 2011, 8:53 am

    Same thing with us.BOA is SO unorganized that how the heck to they continue taking people’s life away from under there feet.We went through a mod last Feb. and their records do not even show it,and in the meantime I have been paying exactly what my statements say.Come to fine out I was told I was 2 monthe ahead on 5/28/2011 due to their mistakes I was fine.Then I was told last week I’m behind 3 months,plus late fees.WHAT. We as a union need to stop them.The goverment knows what their doing their behind it.

  • Isabel S - Florida July 31, 2011, 12:48 pm

    This is a must watch!! A new HBO documentary takes an eye opening look at efforts to stop consumers from being able to find justice in court. Many Americans have bought into the notion that lawsuits are out of control and the judicial system needs to be reformed. The film “Hot Coffee” contends terms like “lawsuit lottery” and “greedy trial lawyers” were actually planted in the public psyche and repeated over and over after being word-smithed and focus-grouped in a public relations campaign by corporate America. “Hot Coffee” reveals how this well planned, well funded crusade has been very successful in stopping consumers from gaining access to the courts when they’ve been harmed, physically or financially.

    It will be good to watch this documentary. If you plan to sue the demonic Bank of America, you are to be considered a “consumer”. History has shown that the odds are against us, the consumer. Something has to be done in this corrupt civil justice system in which people get screwed by a large corporation somehow and they feel like they cannot fight back. This documentary focuses on consumer lawsuits. Can’t wait to watch this in HBO!!
    Here is the trailer: youtube.com/watch?feature=player_embedded&v=bBKRjxeQnT4#at=12

    • Don S. - Pennsylvania August 1, 2011, 10:30 am

      Going to court is hard … very, VERY hard … and that’s the way they like it.

      However … I wonder how they’d feel … if … the courts were flooded with filings … not lawsuits … but filings after filing in the thousands.

  • Don S. - Pennsylvania July 31, 2011, 1:16 pm

    Very well written and informative … and illustrates one of those few attorneys willing to go to bat for homeowners …

    boston67.blog.com/attorney-jamie-ranney-fighting-fraudclosures-in-ma/

    Hope? … possibly.

    Tide turning? … we have a long way to go before there’s even a scale tip … but it’s a start.

    A start here and a start there … the future is where vindication lays … as long as we are vigilant and self-educate.

  • Don S. - Pennsylvania July 31, 2011, 5:44 pm

    Back in March …

    youtube.com/watch?v=KBcsgc9jv88&feature=related

    youtube.com/watch?v=2O-vRNN-ukw&feature=related

  • Don S. - Pennsylvania August 1, 2011, 1:42 pm
  • Don S. - Pennsylvania August 1, 2011, 1:52 pm
  • Norma Spivak August 1, 2011, 2:35 pm

    I live in the lower San Diego area. I am going thru the same issues as above. Can someone tell me where I can go for help? Where can I find a Class action lawsuite to join? I need help….please

  • Don S. - Pennsylvania August 1, 2011, 2:55 pm

    Norma …

    Unfortunately, as many of us have discovered, “self help” is a priority in this situation. There are no heroes … or few, as you may have discovered.

    There’s extensive information on this forum to help you understand this, both through mine and others’ posts on this page and previous pages (simply click on “Previous Comments in light blue at the top or bottom of this column).

    It might be a thought to read through them.

  • Don S. - Pennsylvania August 1, 2011, 7:38 pm

    One small step …

    “Bank of America Loses Bid to Dismiss Fraud Claims”

    http://www.insurancejournal.com/news/national/2011/08/01/208756.htm

  • Dewayne Wel h August 2, 2011, 10:23 am

    To Anyone Who Will Listen,
    I have now joined the ranks of Bank of America’s MANY disgruntled customers. I have been jerked around sooooooo much over the last year, but this “took the cake”. I have gone over this story so many times with so many different people. I started the modification process in March of 2010. I received a proposal the last week of May 2011. I called and expressed my unhappiness with the dollar amount because I felt it was still too high at $1553. I was told there was a $2200/year home owner’s insurance attached and that I should seek my own insurance. I did and got it lowered to $960/year with Nationwide. I was told this would affect my monthly mortgage payment.
    I signed the proposal and sent it in and on June 4, 2011 called in my payment for the month of June. I was still in the “gray” area because I wasn’t sure what to pay; would the $1553 proposed amount be adjusted since I have my own home owners insurance or no???? As a result of not knowing I paid what I knew and was comfortable with $1204.88. Later the following week I received the signed proposal from BofA……the amount had not been adjusted. It was still $1553, but the difference now was I had the proposal that I signed and that a BofA representative signed.
    When I called in to make the payment in July the representative stated I could only make the payment on the phone for free if I was in the trial modification period , which I was not. She said I could pay online or mail it in.
    I go online to make the payment and they tell me that I have not made the June payment. I indicated I had and I made it on June 4th for $1204.88 and my confirmation number was 12366819. I called I spoke with Mrs. Darian Hoover (336-333-7179), Karyn Fox (980-386-5872) and a Tanya called from out of the blue on behalf of Mrs. Hoover and confused the whole situation even more.
    In the meantime I get two letters which DID NOT ADDRESS THE ISSUES AT ALL. (Remember my issues….I wanted a lower monthly payment, no one ever addressed the fact that I have my own home owner’s insurance, which is significantly lower that the BofA insurance and the missing June payment)
    TODAY WAS THE FINALE. I CALLED INTO 704-386-5687. MELISSA ANSWERED AND WAS VERY KIND. AFTER I EXPLAINED THIS “SONG AND DANCE” TO HER (MAKING HER THE 47TH PERSON I’VE TOLD AT BANK OF AMERICA), SHE STATED SHE WOULD TRANSFER ME TO THE PROPER DEPARTMENT. THIS IS WHEN IT HAPPENED.
    SHE TRANSFERRED ME TO JOSHUA OWENS. HE CAME ON THE PHONE WITH A VERY NASTY DISPOSITION. I WAS VENTING, AS AN UNHAPPY CUSTOMER WOULD, HE STARTED TO VENT AS WELL AT ME. HE WAS TELLING ME THINGS NONE OF THE OTHER 46 BofA EMPLOYEES HAD TOLD ME AND WITH A VERY UGLY ATTITUDE. I HUNG UP ON HIM WHEN HE SAID TO ME……AND THESE WERE HIS EXACT WORDS, “I HAVE NOTHING TO LOSE OR GAIN. EVERY CALL IS JUST ANOTHER CALL TO ME”.
    That, I was shocked by. This is certainly not what I would expect of a Bank of America. No one had EVER been rude or nasty to me before at Bof A. LOL, and this guy was an employee of the President/CEO of Bank of America. I thought ……WOW. I will restate my issues/concerns/complaints:
    1. I wanted a lower monthly payment.
    2. No one ever addressed the fact that I have my own home owner’s insurance, which is significantly lower than the BofA insurance
    3. How will the new insurance impacted the mortgage payment.
    4. The missing June payment. Why did the young lady take it over the phone if I was out of the trial period? Clearly the mistake was made on BofA’s behalf. Am I forgiven for the balance of June’s payment and the late charge???
    5. AND THIS IS THE MOST RECENT – MY ENCOUNTER WITH MR.JOSHUA OWENS. I AM FILING A FORMAL COMPLAINT AGAINST HIM RIGHT NOW.
    Again, I ask would someone please help me resolve this so that this will be the last of the unpleasant communications with BofA? I operate a home for special need individuals. There are much more productive things I could be doing. I would really like to speak with the CEO himself. I think your current chief is Mr. Kenneth D. Lewis. I’m sure he is protected from customers who will tell him what things look like from their side, but I thought I would make the request, for what it’s worth.

    EXTREMELY UNHAPPY CUSTOMER,

    Dewayne Welch

  • Rosie L mcdaniel August 2, 2011, 10:24 am

    We ended up filing chapter 7 bankruptsy because we never received a special packet that had to be filled out and returned. We are currently still in our home but received a foreclosure letter today.They had no problem mailing my statement every month and now a foreclosure letter but they just couldn’t seem to get it right with the modification packet. I,m so angry with BANK OF AMERICA because we have lived here 16 years and faithfully made our mortgage payments. The first time we deal with this bank due to a refinance in 2009 to replace our home with a new modular home we now are in foreclosure. I reported this to the FEDERAL TRADE COMMISSION and they said if more than 10 people called and complained they would start their own investigation. Please call. It would greatly help your lawsuits.

    • Don S. - Pennsylvania August 2, 2011, 12:51 pm

      People and agencies you can contact or file complaints, and copy these people and agencies (cc) on all your correspondence …

      Comptroller of the Currency (OCC)

      Administrator of National Banks

      250 E St SW

      Washington, DC 20219

      Larry L. Hattix, Ombudsman
      Comptroller of the Currency (OCC)
      
Office of the Ombudsman

      250 E. Street, SW, MS 9-3

      Washington, DC  20219

      Fannie Mae (or Freddie Mac if they “own” your loan)
      
Mortgage Fraud Program

      3900 Wisconsin Avenue, N.W.
      
Washington, D.C. 20016

      U.S. Department of Justice

      Glenn A. Fine, Inspector General

      950 Pennsylvania Avenue, NW

      Washington, DC 20530-0001

      Eric H. Holder, Jr., Attorney General
      U.S. Department of Justice
      950 Pennsylvania Avenue, NW
      Washington, DC 20530-0001

      Both Federal Senators
 (Google)

      Federal Congressperson of your District

 (Google)

      Both State Senators, or the State Senator responsible for your district (Google)

      Your State Assemblyperson (Google)

      Your Attorney, even if they aren’t retained yet

      Your State Attorney General (Google)

      Your District Attorney’s office

      Check for specialized lawyers under the DA (Google)

      The Sheriff’s Office of your County or Parish (Google and name the Sheriff)

      Any and all media you can think of (publicity is critical)

      For telephone numbers and email contacts for all of the above use Google

  • BAZZLE August 3, 2011, 1:13 pm

    Please help any one. Where do we file on this B of A Class Action Lawsuit.
    Thanks

  • Donald Rubio August 3, 2011, 2:20 pm

    My rental townhome was foreclosed upon by BOA last year after several failed attempts to qualify for a modification. Even though I had a very secure job and income, and just needed help with lowering my payments and interest rate, they would’nt help me after months of sending them every document available. I believe they didn’t give me a fair opportunity, and I lost a very valuable property. Can someone out there help me get involved in this class action lawsuit against BOA. I also now have a huge tax bill associated with the foreclosure as well. Respectfully, Don

  • Felix Baker August 3, 2011, 7:08 pm

    I was thinking ; because Bank of America owns me Moneys ,Why can,t we [ bank of america and the people thats suing ] just get some of the houses that the bank can,t sale ,and is trying to demolish . Why not give some of the houses to the people that suing them ,Its better then moneys [ free an clear ] no taxs ,no nothing ,and call it restart housing .If you look at the cost of demolishing a house and / or building your better off giving the house away [ for free ] you just might get more business from the same people . Millions of houses and building [ abandoned ]

  • Joan August 4, 2011, 5:43 pm

    Is there a class action suit in Broward County against Bank of American for foreclosing without helping the homeowner? I need some help please.

    • Isabel S - Florida August 5, 2011, 9:33 am

      Hello Joan. Well, there is actually a “mass joinder” lawsuit in Florida against Bank of America, read it here: prweb.com/releases/2011/3/prweb8221149.htm.
      Even though this blog has become mainly a fountain of information for homeowners to fight Bank of America’s illegal practices, it is readily known that many homeowners find this website/blog looking for a lawsuit they can join. If you read prior posts, you will find very useful information from Don in Pennsylvia that will help you initiate a lawsuit yourself against these monsters if you need to.

      Please remember, there is NO loan modification, it has been a trap to make all of us default after misleading us to “believe” that they are helping us. We will then get slammed with threats and a foreclosure. They make much more money foreclosing on you. They could care less if you are dying, got an operation, lost your job or any other unexpected inconvenience that might happen in your life. Do not fall for their traps. This is called
      F-R-A-U-D!! They need to be exterminated like a bad roach infestation that has corrupted this country’s economy.

      I cannot stress enough how important it is for everyone to act as quickly as possible “before” losing your homes. I also cannot stress enough how many of you can sue Bank of America for racketeering. As we speak, many lawsuits are being initiated against Bank of America for RICO violations. I get dozens of emails from other victims telling me that they too will be suing Bank of America for racketeering. I initiated my lawsuit against Bank of America in December 2010 and I am definitely accusing them of racketeering. Please read our press release: http://www.free-press-release.com/news-florida-couple-file-lawsuit-against-bank-of-america-for-mortgage-servicing-fraud-loan-modification-and-rico-without-an-attorney-1299633088.html

      If you would like more information about Bank of America’s racketeering practices please read here: “Bank of America is a Racketeering Enterprise” Please read my article here: piggybankblog.com/2010/11/16/bofa-racketeering/

      Everyone can do their part and sign a petition that will hold Bank of America accountable for RICO violations: Please sign this petition: change.org/petitions/the-president-of-the-united-states-hold-bank-of-america-accountable-under-rico-laws

      As recent developments have proven, Bank of America is scared of “prosecution” and is asking for “immunity”. Only guilty criminals need immunity from going to prison. It really disgusts me that even though they now readily admit their widespread fraud which we all knew long ago, they “now” want to do what they were supposed to do in the first place which is “help” the homeowner. Yeah, right!! This reminds me of a Spongebob episode (yes, I love Spongebob) in which Mr. Krabs was found guilty in court and had to give away free krabby patties for a day. That was the ultimate punishment for him….lol.

      On the other hand, helping homeowners is something Bank of America has refused to do for so long and they really, really hate to do but it would not be the ultimate punishment. Prison will be justice here. Rev0king Bank of America’s priviledge to continue to do business here will be a great punishment. Close those criminals down! How can the government continue to allow this type of mafia-like corporation to do business in this counrty and destroy so many lives? The amount of lives that they have destroyed with their fraudulent and deceptive practices goes beyond words.

      For one, bribes and payoffs that these beloved Banksters have given to all these politicians so that they can continue to get away with their criminal activity. Again, this IS bribery (another RICO crime). Back in the day, the mafia or the mob used to pay off certain politicians in order to continue to conduct their illegal business. Here is just one example: joebrunoonthemob.wordpress.com/2011/08/02/joe-bruno-on-the-mob-frank-costello-%E2%80%93-the-prime-minister-of-the-underworld/.
      Here is another interesting article about the FEds and Banskters: “Federal Reserve Bank (Inc.) A Murderous History? Banksters, the Worlds Worst Gangsters”: wakeupfromyourslumber.com/blog/joeblow/federal-reserve-bank-inc-murderous-history-banksters-worlds-worst-gangsters.

      What is happening today? Well as this article explains it, we can call the Banksters the new “Untouchables” by paying off politicians: http://www.accountingweb.com/blogs/briggsie/barefoot-accountant/are-banksters-todays-untouchables

      How about Pam Bondi? She is just one more example: http://www.palmbeachpost.com/opinion/editorials/bondi-picks-the-wrong-side-1688749.html

      Do whatever you have to do to stop this Mafia from ruining your lives. Get an attorney, join a class-action or even sue them yourself (pro se). We need to stop this Monster called Bank of America before more lives are destroyed. Don’t let them STEAL your home, fight back. Bank of America wants you to give up and the statistics show that most of their victims do. Don’t be a Bank of America Victim any longer!!

  • Isabel S - Florida August 5, 2011, 9:46 am

    Check out this video: “Gaddafi’s Stolen Billions: Max Keiser Explains ‘Financial Terrorism’ : youtube.com/watch?v=YUkNnQE-9B4&feature=player_embedded

  • Sandy August 6, 2011, 10:02 am

    I have posted here before. Just need to vent and say BAC has just pretty much depleted me of the will to do anything. I am exhausted and just don’t care anymore. I have no fight left in me. I am now without an atty. I have called dozens and dozens of attys in the state of Texas – NONE of whom have any interest in going up against BAC. They won’t even agree to take the case on. We have never even made it to the point where they would agree to take it on and then I tell them I only have several thousand dollars to get it started. If it even did get to that point, they would say “are you crazy – I could never do this for only several thousand dollars”. Oh well, doesn’t matter – haven’t even gotten to the point where I even told them I only have several thousand. I have posted numerous times asking for suggestions on who to contact so I can be represented – no responses. I’m in Texas. This is a BIG state – yet not one atty who has an interest in this. Unbelievable. I’m too tired to fight anymore. They have scheduled a hearing Aug 18 for BAC Motion for Summary Judgment, which I have not answered because I don’t know how. I give up on this and everything – I’m done. There is no help. We cannot even help ourselves since, if we cannot do this through legal approaches in court (pro se) they will defeat us anyway. What non-legal person knows how to to into a courtroom alone and fight a Motion for Summary Judgment – not me. Once the motion is granted to BAC on Aug 18, the injunction that was in place will be lifted, and they will proceed to foreclosure. I’m done – unless by some stroke of miracle, someone or something that can bolster me and my case arises – that I don’t expect.

    • Isabel S - Florida August 6, 2011, 7:03 pm

      Hi Sandy. I am sorry to hear about your situation. I am also sorry that you could not find someone to help you which is the same thing that happened to me. No attorney wanted to help us unless we forked up at least $30,000.00 which I do not have. Therefore, I have had to fight this monsters along with my husband, pro se. It is truly sad how Bank of America can destroy so many lives. You will need to respond to the Summary Judment with an “Opposition to a Motion for Summary Judgment” showing that there are issues of fact in dispute. A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents and you will need to do it as quicly as possible. When you file your motion or opposition to the motion for summary judgment with the court, you will need to include a proof of service verifying the date your documents were mailed to the opposing party or their attorney.
      I found this pdf that will help you with a response for Summary Judgment in Texas: http://www.tex-app.org/articles/57986_01.pdf

      I am not an attorney but if you need some help that is within my limited legal knowledge, please feel free to email me at: Isabel-1229@hotmail.com. Keep us posted Sandy.

  • Sandy August 7, 2011, 8:11 am

    Isabel – thanks for caring and taking the time to encourage. I actually am out of state due to failing health of a family member – of course they had to schedule the hearing during that time – no empathy whatsoever. I did write the judge a letter and ask for a continuance. I am hopeful he will grant that but I have to prepare for the worst. I will keep you posted. Again, I appreciate your concern. Thanks.

    Sandy

    • Don S. - Pennsylvania August 7, 2011, 12:13 pm

      Sandy (and everyone) …

      In a post to Joan above, Isabel was kind enough to type …

      “If you read prior posts, you will find very useful information from Don in Pennsylvia that will help you initiate a lawsuit yourself against these monsters …”

      Others, including Isabel, also have valuable things to say. However, my posts include a link to a list of 18 points (actually 20) that can help move your case along that were a result of peoples’ conversation here on the forum/blog.

      Please pay particular attention to the difference between “court filings” and “suing.”

      It’s been interesting to observe (and personally experience) the idea that education in this country says and does precisely nothing to educate people about the law and courts (outside law schools) and yet everything we do in everyday life regulated by these legal processes we know nothing about … but corporations and banks with a full understanding of these processes, can simply take property at will, virtually unchallenged … and they’re not even bothering to follow the rules they know so well … such as robo-signing or failing to legally registering property liens with counties (MERS).

      Talk about the deck stacked against us.

      But the problem is even worse than that …

      Our ignorance … the average person … is FAR worse than that.

      There will always be criminals, liars, thieves, cheats … and, yes, banksters … no matter what you do. They will always exist.

      The problem is not whether our society produces these criminals, which it always will, it’s a matter of whether WE tolerate their behavior.

      But you can’t actually tolerate something you’re completely unaware of or don’t believe in.

      Homeowners under attack raising awareness and sounding the alarm about this is only one SMALL part of the solution to bring these … sorry … purely selfish bastards … under control. The REAL solution is to convince the average person NOT effected by this flagrant robbery that it’s happening IN THE FIRST PLACE.

      The average person that doesn’t know and doesn’t care about foreclosures are … sorry … WORSE than the banksters committing these overt crimes.

      But there are two kinds of people even worse than them (and a third and fourth group that I won’t discuss here).

      One is the kind of person that’s so “programmed” to trust our society’s institutions that they point a finger and blame HOMEOWNERS for these thieving bastards’ actions. That’s like blaming the rape victim for the rape.

      The other … and this is a CRITICAL type of person … are the “minions” or “soldiers” that go out and do the bank/corporations’ bidding … realtors (I refuse to capitalize the word), title companies, home inspectors and anyone profiting from all this [illegal and immoral] real estate financial activity … PRIMARILY including the employees of the banks themselves.

      All these people I just cited … every single one of them … sorry if this sounds extreme … are PRECISELY the same as Hitler’s “Brown Shirts” of the 1930’s that terrorized the German population. Yes, it’s gotten THAT bad.

      These so-called “average” people that either deny or support the banksters are EQUALLY COMPLICIT in the crimes …

      … and I’d bet a dollar that several of them are sitting in front of their computer screens as they read this saying “Don S. – Pennsylvania, you are an extremist kook.”

      … while banks confiscate more homes and land since the Oklahoma land rush of 1889.

      NOT ONLY do we, as homeowners under vicious attack, need to educate ourselves, we DESPERATELY need to educate the overall population about how their INSTITUTIONS … and in fact their EMPLOYERS … have become criminal.

      For anyone thinking this is an irrational rant …

      Things are NOT what they seem … and hundreds of thousands of empty homes and shattered lives of hard-working, decent people is your proof.

      Still not convinced?

      Then we’re worse off than I could have imagined … and I have a terrific imagination.

      If you ARE convinced, spread the word.

      Open other peoples’ eyes …

      … or we’re doomed to live under the corporate heel.

  • Don S. - Pennsylvania August 7, 2011, 5:23 pm

    To re-air tonight on CBS’s 60 Minutes (8/7/11) …

    http://www.cbsnews.com/video/watch/?id=7361572n&tag=contentMain;cbsCarousel

  • Kathryn August 7, 2011, 11:04 pm

    Don and Isabelle,
    I have such a high respect for the both of you. You say there are no heroes on here, but I think you’ve both proved otherwise.
    It’s been awhile since I visited here, but I see that you are still in the fight.
    Don, I ‘m just curious, you never mention where you are at in your situation or how long you’ve been fighting. I’m trying to determine if it’s worth filing my own suit. My situation is much more complicated. I’ve been driving to work for 7 years now an hour away, so I really need to move anyway, but never dreamed I’d be considering having to fight for my rights to leave my home the proper way ( selling) instead of being foreclosed upon. Would you be willing to give us out here a little more detail about how long you’ve held off foreclosure and maybe explain what happens with the first steps, for instance does it cost for filing yourself with the courts?, the initial stalling tactics, is there a tremendous amount of paperwork, etc….? Just trying to get a more detailed picture of what’s all involved to determine if I have any strength left to take it on….. I’m 5 months behind on payments and probably just about to receive foreclosure notices.

    • Isabel S - Florida August 10, 2011, 8:36 am

      Thank you Kathryn for your kind words. We are just average human beings that have been abused by one of the most powerful and corrupt banks in the world. I have no idea what drives me but I bet it has to do with the fact that I do not want to be homeless with my husband and two autistic children. This has affected me in a way that I cannot even explain. Sometimes I feel like I do not have the strength to go on but for now, I will continue to fight this beast with the help of my husband. By the way, we just found out that Bank of America finally recorded an Assignment of Mortgage on my property after almost 2 years. That would mean one of two things: 1) they are covering their tracks after I mentioned in my response to Bank of America’s Motion to Dismiss that they had never recorded an Assignment of Mortgage on my property or 2) they are going to start the foreclosure. If they choose to start a foreclosure, then they will be in a lot more trouble in regards to my lawsuit. There will be even more fraud. Furthermore, the Assignment of Mortgage was signed by 2 “robo-signers” named Luis Roldan and Malik Basurto: http://www.foreclosurehamlet.org/profiles/blogs/lynn-szymonaik-list-of-robo.
      Kathryn, please feel free to email me anytime at Isabel-1229@hotmail.com.

  • Don S. - Pennsylvania August 8, 2011, 10:43 am

    Hi Kathyrn …

    Glad to hear you’re alright.

    I’m in my 24th month and in the midst of my 8th paperwork submission. It’s basically my 3rd “escalation” to the Office of the CEO and President (3rd batch of negotiators).

    One alteration to your question is that I’m not trying to hold off foreclosure at all … I’m trying to get my modification. Every single delay has come from the bank. Now, it’s been helpful that the OCC, my Attorney General and my State and Federal representatives and several others have been looking over their shoulder … otherwise they’d have likely snuck in a foreclosure and eviction. They tried that in 2009/20010 … claim they were working with me with no sale pending, while a sale was scheduled. That’s even been in the news, and several people have commented on the tactic here.

    So, no, nothing I’m doing is a “stall tactic.” If anything, I discourage it. The whole point about renegotiating (the banks hate that word and idea – they’d rather dictate terms, not negotiate) a mortgage modification is to get it DONE … not merely delay foreclosure, repossession and eviction … which, under the nationwide legal circumstances has turned out to be confiscation.

    I have no desire to delay … never have. Like you, even if I wanted to sell next week, I’d still expect them to negotiate fairly, equitably and in a timely fashion and modify.

    Only THEY have motivation to delay. It degrades my/our financial position, not theirs. It wears me/us down emotionally, not them. It downgrades my/our credit standing, not theirs.

    Some people claim there’s no place for the application of emotion in the law (these are legal proceedings – court filings and contract negotiations).

    That’s not true.

    Lawyers (which is who designed this system of property confiscation) use emotion AGAINST people to get what they want. That’s the major part of the reason for banks to delay delay delay. You’re emotionally distraught over your financial troubles in the first place … sometimes to the point of total embarrassment … and delays hammer you into a state of emotional defeat.

    Any lawyer worth his salt knows this.

    So no … again … nothing I’m doing is a delay tactic.

    I consider that evil practice to be on the banks’ heads.

    To experience delays, all you have to do is honestly, sincerely and genuinely ask for a modification (overseen by the parties I mention above) … the bank will cause the delays. After all, that’s the way they’ve designed it to work … delay the modification until you either simply move out or give up the fight.

    Anyone who thinks the banks are being incompetent is dead wrong. They know EXACTLY what they’re doing and spend hundreds of millions of dollars to train their employees to do it. After all, doing it this way has netted them billions … and isn’t that what their stockholders, boards and executives want?

  • Kathryn August 8, 2011, 12:04 pm

    Don,
    Thank you for responding. I wasn’t sure of your exact situation or why you’ve been in this for so long. My situation is significantly different than yours in that you are obviously able to keep up your paym’ts, where I have not been able to. (not on purpose) So that changes the ball game immensely. I know you know that they won’t accept partial paym.ts, I hadn’t even bothered to try. I started my second mod. app. in Jan. of this year and have submitted my third or more set of paperwork. The balance owed is way beyond catching up, so I have to try stalling techniques myself now because there is no other choice at the moment, until I decide whether to educate myself enough to do the next steps to stop what will inevitably happen next. I don’t think they should win in anyone’s situation, but if the defendant is uneducated to know the exact manuver to make and at the right time, they will end up winning. Even though still in the mod program, I am suspecting any day, the notification that I have been dropped from it because I am so far behind. Driving 2 hours a day on top of working doesn’t allow time to do a whole lot of research or take action. I ‘m not usually one to sport the negative attitude as I still have a glimmer of hope that there could be salvation, but it is definitely overwhelming sometimes…..

    • Don S. - Pennsylvania August 8, 2011, 1:32 pm

      Kathryn …

      One perfectly viable and acceptable filing you can make is an “Emergency Injunction” should you be dropped from the modification negotiation. Personally, I’d encourage you to continue the mod process with the actual intent of getting one. Don’t set your goals (take action) on what might happen. Plan for it, but don’t take action unless something has actually happened.

      You have every right to expect that the bank will act in “good faith.” Being a few payments behind, yet continuing to pay, will show YOUR good faith … so will your attempt to continue to negotiate a modification. Even putting those “unacceptable” partial payments in an escrow account can be helpful.

      Stating (and proving) you’ve done these things to a court … should it reach that point … shows that you are “performing” under both the mortgage contract and in the modification negotiation to the best of your ability. That’s a critical aspect of your side of the case.

      You DON’T say “I’ve done everything they told me to do.” What you DO say is “I’ve acted in good faith and to the best of my ability under the contract.”

      What you SHOW is the fact that the bank has NOT acted in good faith OR to the best of their ability under the contract … and their “abilities” are VAST. (See my post below).

      Whether you want to sell is irrelevant. That’s a future circumstance that literally has nothing to do with your original intent … negotiating a modification. EVERYONE will eventually sell their home, so that aspect of your future personal objectives doesn’t even enter the discussion.

      You have every right to be treated fairly under the modification process. Your financial difficulties are at the CORE of the reason you’re asking (negotiating for) a modification. Intimidation, whether from the bank or your personal circumstances, shouldn’t enter into the original (ethical, legal) intent.

      As you can see in my post below, I believe (and think it’s clearly in the face of the evidence) that “overwhelming” is intentionally built into the system specifically to avoid modification, so the banks can repossess and profit.

      But that’s just me.

      Your “salvation” should be the idea that you are entitled to be treated with “good faith” as the law suggests … and the courts, regulatory agencies and law enforcement should uphold it.

  • Don S. - Pennsylvania August 8, 2011, 12:52 pm

    For Isabel, any Pro Se filers and lawyers reading this forum …

    Yes, I’m going to be presumptuous enough … as a layman (non-professional) … to suggest people consider some legal aspects of how to hold the banks accountable (obviously strictly for “educational purposes” and not legal advice).

    The note above to Kathyrn stimulated me to consider several aspects of presenting a case, primarily “the face value of evidence” or “prima facie” and “res ipsa loquitur” in legal terms.

    I already understand certain aspects of this, but this Wiki page helps get specific …

    http://en.wikipedia.org/wiki/Prima_facia

    Here’s the suggestion to consider …

    ON ITS FACE, the evidence against the banks for BOTH intentional delays AND the malice connected to it (a critical legal state to establish) are virtually unchallenegable … in other words if you show a court the modification negotiation process that is ACTUALLY IN PRACTICE by the banks, on its face, it proves beyond doubt that it is both fraudulent AND has malicious intentions BUILT IN to it.

    Here’s some of the reasons why …

    A ) The banking industry is regulated by law and agencies of the Federal and State government to work and perform in an ethical manner. The widespread result of their actions … nationwide and in the volume of millions of homes and billions of dollars … clearly shows that banks are NOT working to actually modify mortgages and have instituted a policy aimed at possessing and profiting from properties, a clearly UNethical end given the literal intent of a modification negotiation.

    B ) The banks accused of these practices have at their disposal hundreds of millions of dollars to not only train their workers in correct and ethical processes in the first place, have ON ITS FACE by the actual performance of the banks, trained their employees to facilitate the repossession of homes, not negotiate and modify. NO corporation spends its millions on training to train workers INCORRECTLY.

    C ) The very concept of a modification is contrary to ALL banks’ objectives, clearly defining [malicious] motivation to do otherwise. No bank wishes to be paid LESS on a contract, and profit is the PRIMARY objective of ANY corporation. Not only is there no motivation for banks to modify, programs such as HAMP and others CLEARLY STATE that banks’ only obligation was to TALK to homeowners about modifications, not actually give them … under ANY criteria. No stimulus or motivation to actually modify exists, other than statutorily mandated ethical practices of conducting operations in “good faith,” and, in fact, motivation to foreclose, repossess and profit DOMINATES the corporate theory AND practice.

    D ) No homeowner … the opposing party to these processes … ON ITS FACE, and by definition … has any motivation or impetus to delay any modification negotiation, or delay or impede the application process. Virtually all of these negotiations and modification applications are for THE HOMEOWNER’S PRIMARY RESIDENCE (note: virtually), and in every single instance the modification negotiation process was initiated by the homeowner to seek relief from burdensome payment … and is a common, valid, ethical contract negotiation. ON ITS FACE no homeowner would consciously, intentionally delay a process that would lead them to paying LESS on their mortgage contract. The ONLY party that would intentionally delay such a process is a party that would benefit from such a delay, which on its face BY DEFINITION could not be the homeowner.

    E ) From my understanding and research, the “equality of legal representation” DOES NOT EXIST in legal dogma or the law (only by “implication” and not by the law itself), yet this is a CRITICAL factor in these modification negotiations. The law only provides “criminal” litigants legal counsel, and this is NOT provided in civil litigation. Each individual homeowner IS ON THEIR OWN, pitted against hundreds and hundreds of millions of dollars in corporate/banking legal power. NO HOMEOWNER has access to the legal manipulations available to the banks. NO HOMEOWNER (save the extremely rare exception) has even an inkling of an understanding of legal processes … therefore … ON ITS FACE, even prior to requesting a modification, the banks have EVERY MOTIVATION to fool and manipulate homeowners BOTH legally AND illegally … WITH malice … and that malice and motivation clearly, undeniably being PROFIT, which is completely contrary to the aim of modification which will net the corporation LESS profit.

    So … what’s the conclusion? …

    In other words, by its very nature and PARTICULARLY the practice ON THE RECORD, on its face, by the very nature of the actual result, by the very nature of their corporate objectives, banks have behaved fraudulently.

    Something to consider.

    • Isabel S - Florida August 10, 2011, 7:35 am

      Thanks Don. This is valuable information. Everyone take notes, I sure am! You are the best!! 🙂

  • Don S. - Pennsylvania August 8, 2011, 2:49 pm

    AIG Sues Bank Of America For $10 Billion Over Mortgage Securities

    http://www.huffingtonpost.com/2011/08/08/aig-bofa-lawsuit-mortgage-securities_n_921106.html

  • Don S. - Pennsylvania August 8, 2011, 3:03 pm
  • Donald Luster August 8, 2011, 3:23 pm

    Bank of america promised to modify our mortgage into fixing our interest and lower our payment. Some employees that we talked to on the phone even gave us the interest and the payment qoute, they sent all the paperworks on hold for months, couldn’t get through, couldn’t get through ANYONE after. Then said paperworks are expired three times the same reason. Then after a long period of waiting, they told us we couldn’t be approved. They put all the interest and charges into our loan that we couldn’t afford AT ALL. PLEASE help, we need to be in the action lawsuit.
    -Donald Luster & Nida Luster

  • Diane Carroll August 8, 2011, 5:21 pm

    We got behind on our mortgage after I lost my job. We were about 6 weeks behind when they offered us a trial modification. That was in January 2010 that we started. I called each month I made a payment and ask for an update on our modification. They told us to continue making the payment that was agreed on and were told they will send you something in the mail. Sept 23rd, 2010 we drove to Biloxi MS to a seminar that was put on by Hope Now. The brochure we received in the mail read…”Find out if you qualify for the Obama Administration’s Making Home Affordable Program or other options from your lender”.
    We had already sent in paperwork and signed a trial modification in January and they still would not tell us if we qualified. So we met face to face with the BAC travel team. Natasha Gill was the team representative. She scanned our documents and then in just a matter of 30 minutes told us the we did not qualify for a Making Homes Affordable Modification, but that we had enough income to qualify for a Traditional Modification. She told us that they would be sending a appraiser out to our house in the next 2 weeks and that then they would be sending us information on what our mortgage payment would be. HA HA never happened. Each month I called and they accepted my payment, stated we were not in foreclosure, continue making your payment and we did. Long story short, we have received foreclosure notice from an attorney and a sale date of Sept 7, 2011. We spoke with a BAC rep on July 29 and we had on the phone with us a NOVA rep and she heard the lady tell us that we were not in foreclosure, continue making your payment, and continue calling to get an update on this matter. She said that we had been granted an appeal. They told us today that we had been denied in February 2011 but they have continued to take our money and still foreclose on us. Also, today we get a letter dated July 29, 2010, the day we spoke with the supervisor with the NOVA rep on the phone with us, and the letter states…. We have not received you past due payments, so we have referred your home loan to our Foreclosure Review Committee for review. This does not necessarily mean you will lose your home to foreclosure. We want to work with you and are here to help, so please read below about the various options available through Bank of America. N.A. to help you avoid foreclosure. BLAH BLAH……
    What a crock….. We have contacted an attorney and will meet with him tomorrow. There are 2 other homes on our street that went into foreclosure and are sitting empty decaying. Ours may be next. We did watch 60 minutes last night and saw how they are forging documents because they do not have the original paperwork (orignal mortgage). I do have my copy of the original mortgage and I have also written them and asked them to produce me a copy of what they have. Waiting to see if they match mine. We also received a check from BAC returning a partial payment that we had made in September of 2010 for 417.00. We never made a partial payment of 417.00. We have been making 809.00 since Jan 2010. It is scary what this so called bank is doing. This is the same company that our president bailed out with our tax dollars.

    • Don S. - Pennsylvania August 8, 2011, 11:56 pm

      A caution Diane …

      Don’t ask them for a copy of the mortgage note.

      Ask them for an affidavit from an officer of the company as to the location of the ORIGINAL note … the actual paper you held in your hand and signed … NOT a copy. A copy does NOT prove their possession of the original. Copies can be stored and produced digitally … that is NOT legal proof of the existence of a paper contract.

      That’s what they need to legally justify action against you … as well as the chain of transfer … meaning the ownership legally documented as that ownership changed hands. It must be unbroken.

      A contract ceases to exist when the original paper is either destroyed or the actual ownership of that paper can’t be proven. Naturally, a nullified contract has to be proven in court, but demanding they produce proof is a good start.

  • Don S. - Pennsylvania August 9, 2011, 10:26 am
  • carol- massachusetts August 9, 2011, 11:16 am

    I have been in loan modification for 9 months with Bank of America, I paid there initital 3 payments ast a reduced rate and them they more than doubled my mortgage payment for the 4th month, when asked for a permanent reduction in interest rate which I pay 12% BTW there was no comment, I have managed with the help of the state’s attys office to postpone the sale date twice, now I have a new one and once again they cannot find my paperwork. I despertely need an atty and some advice regarding this and the class action suit. It seems that since I am not upside down in my home they want it for some reason. Any advice would be appreciated TY

    • Don S. - Pennsylvania August 9, 2011, 10:38 pm

      Carol …

      Start by reading through this page and the previous one. Yes, I’ll say read mine, but there are others that are helpful, too, particularly from Isabel.

      What you may think this web site is here for, isn’t what it’s here for.

      Be sure not to miss my 18 point list … but for specifics about Mass., if you’re on Facebook, see Senka at …

      http://www.facebook.com/Senka7

      Just be sure and read and educate yourself.

  • Don S. - Pennsylvania August 9, 2011, 10:41 pm
  • Ms.V August 9, 2011, 11:56 pm

    They are doing the same thing to our home and a friend mothers home this has been going on for over a year the plan is never to do the right thing.

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

    This is just a blog … but it’s an interesting theory …

    Bank of America Dies and JP Morgan Calls For $2500 Gold By Year-End

    http://truthingold.blogspot.com/2011/08/bank-of-america-dies-and-jp-morgan.html

  • Cynthia Coburn August 10, 2011, 1:11 pm

    We have had nothing but fustration with BoA when they took over our loan. We purchased our house in 2008 and once BoA took over our payment went from 2400.00 to 2900.00 a month. 500.00 more. They say we are behind 1 month payment and we have made every monthly payment. What happened was BoA payed too much on our taxes (their fault) and they took one of my monthly mortgage payments and put it in my escrow acct and now we are being charge late fees and they say we are a month behind. They are crooks and they wont help us with loan modification or anything. They are a joke!

  • Kathryn August 10, 2011, 9:44 pm

    Don,
    Thank you again for all of your advice and information. It is so helpful.
    People out there who are reading on this site, PLEASE LISTEN !!! to Don and Isabel!!!! They are very educated about all of this, and understand what’s going on. You won’t feel so alone or quite so helpless after following what they have to say! We all need to begin to think of more ideas and opportunities to achieve extensive publicity on exposing all of this fraud!!! , and I mean beyond just venting here…..

  • Isabel S - Florida August 11, 2011, 7:50 am

    Homeowner fights Bank of America and wins: http://www.youtube.com/watch?v=JbJjVehcgp0&feature=share

    Yes, this gentleman was given the same EXCUSES we have all heard from Bank of America. BofA did not receive his documents…blah, blah, blah. I heard that excuse a dozen times myself. This is all a scam. People need to start SUING Bank of America asap for fraud and stop waiting around for a loan mod that does NOT exist. We can all use this example in court.

    • Don S. - Pennsylvania August 11, 2011, 10:15 am

      YES! … Excellent!

      Isabel and everyone …

      There’s two CRITICAL aspects of this story to keep in mind about your own case …

      1 ) FILE INDIVIDUALLY … Even though each of our cases are very similar, both the details of your individual case AND the fact that a judge (or jury) will hear directly from YOU about how you’ve been hurt … intentionally attacked … goes a long way to giving you a voice. It also forces the banks to send out lawyers to defend each and every case, which they absolutely hate.

      2 ) GO PUBLIC … As I’ve stated here in the forum many times, the banks have profited billions over simple embarrassment. That’s precisely the same “syndrome” that rape victims experience in blaming themselves for an attack and saying nothing. Being attacked with a false modification process designed to financially rape you out of your home and destroy your credit and ruin your financial life is not your fault. DO NOT become ashamed, guilty and embarrassed over either a modification battle or a foreclosure threat. PUBLICIZE … to everyone you can think of, including the MEDIA … what you’re going through. Don’t keep silent with your neighbors, friends, family and co-workers about this over embarrassment … TELL THEM EVERY DETAIL … including telling your local newspapers, radio and television stations. I was on Fox29 News about this last year (I shaved the beard since) …

      myfoxphilly.com/dpp/news/local_news/mortgage-aide-program-gets-mixed-results

      I can also say that it’s highly likely Mr. Graham won because he did things like keep detailed records (possibly even telephone call recordings) so that he could produce EVIDENCE in court.

      Folks, please be sure not to miss my 18 point list of things you can do to move your situation forward. The link is …

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

  • Don S. - Pennsylvania August 11, 2011, 11:39 am

    Occasionally, one can extract a little joy out of all this …

    http://www.thedailyshow.com/wa​tch/mon-august-8-2011/the-fore​closer

  • Isabel S - Florida August 11, 2011, 11:44 am

    “Loan Modification Success? Bank Scam upon all homeowners” youtube.com/watch?v=lCIxmv9aayA&feature=related

  • Isabel S - Florida August 11, 2011, 12:30 pm

    Will Justice Department Prosecute Banks for Mortgage Fraud? – Democracy NOW!
    youtube.com/watch?v=oviPmQes3Nk

  • sandy August 11, 2011, 9:19 pm

    I have never been late on a house payment in 11 yrs. I applied for the Loan Mod to get low fixed interest rates because I have an adjustable mortgage, I made my trail payments for 6 months and never heard anything until 6 months later, I got a notice they needed more info. to reveiw my loan mod so I sent it to them, 6 months after that I got a letter via registered mail of ” Letter of Intent to Excellerate” and a bill stating I’m 6 months in default of my mortgage payment and I have to pay $6868.00 or they are going to start fore-closure preseeding in 3 wks. I called them and they said they have not received any of my mortgage payment in 6 months and that they had no record of any type payment from me, I told them that was a lie and gave them proof I did pay for those 6 months, I told them I was making the trial payments as instructed by them after I had to re-submit my paperwork all over again, they said I was declined on Nov. 1, 2010 the same day I faxed and fed exd them the documents they asked for, the letter and bill was for the orgininal loan agreement payments of $1137 for Oct.-March plus all late charges and etc totaling $6868.00…I told them what about the payments I was making of $729 a month under the trail period you lost for those months, will I get them back when you find them ?…they said yes, after many calls to them to find my money and send it back they refused to and applied that money as an over-payment to my principle which I did n0t authorize, they keep telling me I OWE THEM THAT MONEY and I did not….I paid them $11,040.00 in just those 6 months, my orginal mortgage payments are only $1137 a month, so basically they took my trail payments of $729 for 6 months and also billed me for the same 6 months for the orginal loan amt. B of A also violated fed law with me because did not abide by fed regulations by NOT sending me a decline letter with reason why it was declined and did not follow the time limit they were suppose to, they were suppose to give me an answer in writing within 30 days and they waited 6 months. I want nothing to do with this Gov. loan mod Scam which the gov is in on too !!!! Obama is to blame for this !!!!!! Section 8 welfare people are now living in the millions of homes that b of a and the gov scam out of us, and the new investment owners and banks are getting paid TOP DOLLAR”s from our Gov. for housing these lazy asses !!!!
    OMG !!!! so sad !!! I’m lucky I had the money to pay them or I would have lost my dream home, I out almost $7000 that they scammed me out of but I did not let they get my home !!! Somebody needs to freeze B of A assets, and soon !!!! and go public with this Obama Loan Mod scam as well !!!! No wonder are deficit is so big, and including this welfare abuse and section 8 housing !!!!!

  • Don S. - Pennsylvania August 11, 2011, 11:36 pm

    Fannie Mae … government run and owned … is apparently doing a back door bailout … for a company struggling to stay afloat …

    http://finance.fortune.cnn.com/2011/08/10/bank-of-americas-back-door-tarp/

    This is Fortune Magazine talking through CNN. Not exactly “alternative media.” And the last line of the article is …

    “And taxpayers? Well, we get to own yet another good chunk of BofA’s mess.”

    On this forum/blog, we’re well-worn, field veterans of that mess.

    Why are handcuffs still in the drawer?

  • Don S. - Pennsylvania August 12, 2011, 1:04 pm
  • Don S. - Pennsylvania August 13, 2011, 12:16 am

    I encourage you all to read through this web site and absorb what its creators are saying and trying to do …

    protectamericasdream.com/

  • Don S. - Pennsylvania August 13, 2011, 1:31 am

    NOT TO BE MISSED! …

    youtube.com/watch?v=gd7s6An9fcA

  • Senka August 13, 2011, 10:42 pm

    Please read about MA Essex County Register of Deed – John O’Brien, who is a real people’s hero: http://tinyurl.com/3dgpsox
    He’s fighting not only for MA’s homeowners, but for everyone’s basic property rights. He needs our support, please send him a short email with your story which will only prove to other government officials (who are trying to fight him) that he’s not alone: jl.obrien@sec.state.ma.us

  • Don S. - Pennsylvania August 13, 2011, 11:58 pm

    Settlement? SETTLEMENT?? Has anyone asked US if we’re happy with ANY settlement? …

    sfgate.com/cgi-bin/article.cgi?f=%2Fg%2Fa%2F2011%2F08%2F11%2Fbloomberg1376-LPPVBT6S972G01-3OT7S5M1MP875F9EERQGOSNFVP.DTL

    • Isabel S - Florida August 15, 2011, 9:16 pm

      You are so right Don!! Only a communist or socialist country can decide or speak on behalf of everyone. This is a clear violation of our amendment rights! We are the ones affected by this as individuals. Each and every person was affected in different ways and some have lost more than others. It is truly disturbing that these government officials can decide an outcome on our homes. I have been so disgusted. BofA has deep pockets and they are once again getting away with murder is this falls through. I bet most homeowners will agree that these criminals need prison and not a settlement which will give them immunity for committing widespread fraud among other things. WE should be able to decide if we should accept this because WE are the victims of crime here.

  • richard grant August 15, 2011, 6:48 pm

    I would like to be a part of this law suit. I have been trying to get modified all year. They wont respond, tell me it will take 45 days for a response and then I call them back to just get the run around with each person I talk to giving me a new phone number to call and eventually get the answer that they lost my paperwork and I have to start over. PLEASE HELP!!!

    • Don S. - Pennsylvania August 16, 2011, 11:27 am

      Richard …

      Please read through this page and the previous page. You should be able to find information that may help. For the previous page, simply click on “Previous Comments” in light blue at the top or bottom of this column.

      Your situation sounds like most of the rest of us, but you’ll need to self-educate a bit to understand how all this works. It may not work the way you think.

    • tata August 16, 2011, 8:28 pm

      I wish I could help you Richard, but it seems that we are all alone???? Whats going on in this country??? Im also trying to find out how to join these lawsuits, hell I already received my foreclosure notice…guess thats the end for all of us. THANKS USA.

  • christina August 15, 2011, 7:28 pm

    Yes Im unfrotunately with BOA as well and Ive been in this process for about 2years now and only a few weeks before my home is foreclosed on. I have three young children and I lost so much time sleep and energy trying to keep it together not only for myself but for my kids Im about out of steam to keep going!!!! Beyond frustrated I live in one of two developments in a small town called orting and Im not lying that each week when I go on a bike ride with my kids I want to cry and scream!!!! lookin at new foreclosed homes and short sales. I think that has been the only thing that has kept me going;knowing there are SOOOO many people going through this and its not right and not fair and Ive done the same as some of you Ive rightenmy congress, state attorney generals office and many many more people and emails(and for what ) I feel like its just more time taken away from myself and kids.NO ONE seems to losten or care!!!!! What about the BILLIONS given to help us people stay in our homes!!!!!!??????? BOA for 2 years has been dragging this along as long as Im willing to keep jumping through thei hoops of aplying, applying and applying again and oh u say you dont have the documents hmm ok I’ll send the m again and again oh and wait AGAIN!!!!! I keep getting denied over and over . Yet when Ive spoken to attorney’s they seem to be baffled and state I should have been in a modification aLONG time ago???!!!! Ok so whats wrong here. I sit on Fanny mae land and have also been told because of that they are suppose to exhaust ALL options to keep me in my home!!!! NOT the case!!!! Ive had an organization with me this whole process from time to time on the phone and that has not change the situation and they say NEVER EVER pay for a modification the outcome will be the same??!!!! Last summer I did however pay a company (LOAN SOLUTIONS) out of Florida (DONT PAY THEM!!!!!) half the money they were asking to help with a modification and a few months in found all they were was an extra pair of hands on my paperwork so at that point said NO more filed a complaint to try and get that money back again no such luck!!! well a few wesk to go and I’ll be another victim( or should I say success story of BOA) losing my home and no where to go!!! Credit that use to be excellent (NOT ANYMORE) this was suppose to be my dream start of home ownership my first home and maybe a stepping stone of some day a dream home now thats all been crushed and its turned out to be one big NIGHTMARE!!! IWISH AND PRAY FOR EVERYONE OF YOU OUT THERE THAT IS GOING THROUGH THIS!!!!!

  • Senka August 15, 2011, 9:47 pm

    Christina,
    Never give up hope – we’re all in this together now and our strength is bigger every day, because we’re connecting like this! Our knowledge and empathy is what will carry us on till the criminals get prosecuted. Today, Nevada’s Attorney General joined NY, MA, DE in questioning MERS and banks’ fraudulent actions.

  • tata August 16, 2011, 8:21 pm

    I’m in the same boat as all of you. Damn sad that the gov bails these banks out with OUR money and they turn around and destroy our lives.
    Do myou remember just a few years ago, it was the american dream to own a house, well that a bunch of crap. Straight up there is no AMERICAN dream anymore. Minnesota’s attorney general wont even stick up its residents here and file a class action suit against boa. Nice gov people we vote in and they live off our hard earned money. Its really turning into a very sad country we live in. Shouldn’t we all join forces and exercise our second admen. We can do without a gov that turns against its people, from the war vets to us normal everyday people, this gov is taking full advantage of us. LETS FIGHT BACK and win our country and homes back. Please someone, start a class action law suit against this sick bank of america in the state of Mn. We can win and with our power, we WILL win.

  • Don S. - Pennsylvania August 16, 2011, 10:41 pm

    Another battlefront to fight … high level manipulations …

    “Victory” my ass. Their actions are on the record. Readable history. They can never get away from that …

    http://www.forbes.com/sites/nathanvardi/2011/08/16/bank-of-america-scores-a-victory/

    In my 18 point list (see above) one item is to contact your Representatives, government agencies and law enforcement. They need to be contacted about THIS, too.

  • Don S. - Pennsylvania August 16, 2011, 11:26 pm

    Let’s hope the rage that Dylan Ratigan heard from the American people lasts longer than 24 hours. This article and video are VERY IMPORTANT information for everyone, not just homeowners under attack. The “extracted” he speaks of can be directly related to foreclosures. The banks have used fear, shame, embarrassment, faked incompetence, illegal documents, immoral (perhaps illegal) political influence, ignorance of the law and courts, intense legal intimidation, economic terrorism (too-big-to-fail) and a slew of other immoral and illegal tactics … to CONFISCATE hundreds of thousands of homes (actually millions), and it’s a HUGE part of Dylan’s high volume alarm …

    http://www.dylanratigan.com/2011/08/10/americas-mad-as-hell-moment/

    Send this on to your friends, family, co-workers and anyone that has more than five brain cells functioning.

  • Don S. - Pennsylvania August 17, 2011, 12:14 pm

    “Vera Johnson delivers Change.org petition to Bank of America”

    youtube.com/watch?v=l0j0OX7VigM

  • Elaine August 18, 2011, 3:58 am

    I live in Arizona AND SADLY JUST ABOUT EVERYONE HAS THE SAME STORY I DO! SO i WOULD LOVE TO JOIN THE CLASS ACYION LAWSUIT. WHAT A NIGHTMARE THE LAST 2YRS HAVE BEEN FOR US. WE HAD PERFECT CREDIT AND HAD NEVER MISSED A PMT IN OUR LIVES. AFTER REFINANCING 8MO LATER,HSBND LOSES CONSTRUCTION JOB.i SPOKE WITH REPS OVER AND OVER AT COUNTRYWIDE BEFORE WE EVER GOT BEHIND ON PMTS TO SEE IF THEY OFFERED ANY PROGRAMS SINCE WE HAD REDUCED INCOME.THEY SAID I HAVE TO BE BEHIND 2MONTHS , TOLD THEM OVER & OVER DONT WANT TO AFFECT MY CREDIT SCORE THEY SAID DO YOU WANT TO SAVE YOUR HOME THIS IS THE ONLY WAY YOU HAVE TO FALL BEHIND.i SAID SO THERES NOTHING I CAN DO SO THEN MY CREDIT TANKS AND THE MHAP PROGRAM CAME OUT BUT INITIALLY TOLD ONLY FOR HOMEOWNERS THAT ARENT BEHIND I WAS SO UPSET SO NOW THE VERY PROGRAM I REQUESTED COMES OUT AND IM NOT ELIGIBLE BECAUSE I WAS BEHIND ON MY PMTSSSS NICE i WANTED TO SCREAM CAUSE BY THEN MY CREDIT TANKED. i FINALLY GET A TRIAL MOD TRIAL PMTS AUG 2009 AND I LOOSE MY JOB 8/15/09
    CALLED BOA AND OBVIOSLY WITH NO INCOME I WAS TOLD NOT TO EVEN SEND THE OFFER BACK CAUSE WITHOUT INCOME WE DONT QUALIFY. STILL called BOA All the time was never told if your offered a loan mod and you dont follow thru your ineligible for the rest of your life to participte in the mhap program. so now after being in review over and over, house in foreclosure, and they say sorry but thats the rules and you dont qualify. i filed an appeal but they requested same docs they already had and said i didnt send in the requested docs in time now. what a joke. and now the same ceo that initially told me he needed some docs wont call back. i lived in my house 18 yrs. this is so frustrating they make u jump thru hoops, no two departments know what the other is doing or saying to me. I saw something on the web for homeowners who feel they were treated unfairly u can appeal. but after i did i got a call bk from the ceo who said they are trying to change their image for the positive. thats really positive to ignore your client and hope they go away.!!!!!

  • Don S. - Pennsylvania August 18, 2011, 6:24 am

    This article about the first MERS case to come up in the Supreme court discusses The Fourteenth Amendment to the Constitution …

    http://takeyourhomeback.com/?p=71

    Don’t miss a link in the article about the OCC’s “cease and desist” order …

    http://www.scribd.com/doc/52972728/MERS-AND-MERSCORP-AGREE-TO-A-CEASE-AND-DESIST-ORDER-OCC-INVOLVED-4-13-2011

    The most important text of the Fourteenth Amendment …

    “… nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws .”

    Note that banks having virtually unlimited legal protection by virtue of their vast fortunes and financial power, which completely and utterly undermines the average homeowner’s guaranteed right to equal protection under this specifically defined constitutional protection.

  • tata August 18, 2011, 10:22 am

    Okay fellow americans, our freedom is running out and so is time to save our homes. LETS take over this gov’t as our forefathers gave us this right. We dont have time left to think about it, we need to do it now. The gov’t has been trying very hard to disarm the people for they fear of what we can do and hopefully will do. Most americans dont have the balls to do this, but what the hell, if left undone, we wont even have a place to call home anymore. LETS CHANGE OUR TIMES AND TAKE FORCE and hope for the best. Look what the civil war did back in the day, well….it’s that time again. Go arm yourself and get ready cuz here we come. UNITED THE PEOPLE WILL STAND AND WIN. We outnumber the gov’t bodies and the military combined. It’s time my friends, it’s time.

    GOOD LUCK ALL AND I WISH US THE BEST.

  • Robyn August 18, 2011, 6:55 pm

    Today my home was sold at auction by Bank of America and I am heartbroken. I was in final review for a home loan modification with the Making Home Affordable program. They had all the requested documentation. I requested a postponement of the sale 6 days prior to the trustee sale date because of the pending home loan mod., but they never did anything about it. My HUD-sponsored counselor was able to get through to one of the head people at BofA in Simi Valley, California, and asked that the trustee sale be postponed. A day later, the BofA person told my counselor that “Fannie Mae, the investor, denied my request for postponement.”

    I am a single woman with one modest income. Now I have the challenge of trying to find a landlord who will rent to me – someone who just got foreclosed on and whose credit score is negatively affected.

    These horror stories have happened to too many people. BofA claims on its web site as wanting to keep people in their home. This is not true. One day in the future, Bank of America will suffer. No one will want to do business with them. They have hurt so many. For the rest of my life, I will find every opportunity to bad-mouth Bank of America.

  • Claire M August 19, 2011, 10:30 am

    To Robyn: We (my husband and I) know exactly what you are going through and we too have had our home taken by B of A. Up to two weeks before the auction date, we had hope and our realtor actually put in an offer. B of A (or Fannie Mae) would not even consider it but bought our house back for a mere $20K more tan the offer and left us hanging.

    We also had the same fears: who would rent to us? Here’s the good news. They won’t tell you that you may be eligible for a program called “cash for keys.” Ask the firm that starts sending you papers telling you when you have to vacate. The usual deal is approximately $3,000 if you vacate within forty five days of the sale. These are called relocation expenses. The amount decreases depending on how much time you stay–usually up to 60 days for $2,500. The house must be totally cleared out and “broom-swept” as they call it, meaning it has to have at least the appearance of being clean. You are able to take any appliances that are movable, i.e. refrigerator,washer/dryer and you MUST take all your furniture, clothes, etc. They meet you on an arranged date and give you a check. It helps.

    The other good news is that there are a few rental properties that will work with homeowners who have been foreclosed on. Check craigslist for your area and real estate property management firms. There are so many people who are in the same situation that there are scores of houses that Fannie Mae has taken back and then, rents out! It’s a vicious cycle but one you can take advantage of. Why they are so stupid as to NOT offer the rental deal to the people who are already in the homes, is beyond any logic. They seem hell-bent on punishing people.

    Good luck. And remember, karma is a powerful drug!

  • tata August 19, 2011, 11:16 pm

    hey people after the day I had yesterday, boa laughing at me when I told them that we found my only brother with his head blown off by a 12 gauge shot gun, Also had the freakish guy from ATG credit collection tell me that if I dont mail a check, he’s gonna burn my house down AND another wierd freaks harrassing my 76 yr old mother looking for me and tells her that when he finds me, I’ll be sorry???? People I cant take anymore of this bullshit from boa, so here my question and PLEASE dont get mad or disrespect my question. But, here it is; If I end up committing suicide as did my brother, if mom and dad survive another one, can they sue them assholes at bank of america?? I love my parents so damn much, but I’m losing EVERYTHING because of this sick bank. My brother is dead and mom and dad are 76 yrs old, I really don’t have much to live for and no I have no wife or kids to leave behind!! I know this sounds sick, but after yesterday I sat at his grave and cried cried cried and cried,and damn it, he wont answer me either. Them pricks can have my damn house if I get my brother back, otherwise they are gonna have to take me out to remove me from my house and business. Oh god I can’t believe I’m asking people this, but hey after what I saw that day, oh man is that a sick mess and it stunk so bad that I cant remove them visions from my head. I even bought the plot next to him unless boa takes that from me too.

    GOOD LUCK EVERYONE AND I WILL WATCH OVER YOUS AND HAUNT THE HELL OUT OF EVERY BOA EMPLOYEE. Remember, ALL GOOD THINGS COME TO AN END. PEACE

    • Isabel S - Florida August 20, 2011, 11:05 am

      Tata, I am so sorry to hear about your tragic loss. I am going to spread the word about what Bank of America did to you and that they laughed at your tragedy. These people are pure evil. I know that about 10,000 BofA employees are being laid off but quite honestly, I do not feel sorry for the ones who work with BofA mortgage or loan mods. These are the same people that consistently lied to all of us over and over again and “chose” to follow Bank of America’s deceitful training guidelines. Tata, please contact me. I too have been a victim of Bank of America and have been suicidal on and off for about 18 months now. They drove me to the brink of insanity. I almost suffered a “stroke” speaking to them on the phone. I told them several times that they were gonna cause me a heart attack and they just brushed it off. My stress and anxiety became so overwhelming that I also developed Fibromylgia and I have to live with this condition for the rest of my life since there is no sure. Oh yes, I know how EVIL these people can be. They are responsible for destroying multiple lives and not being held accountable for it. This is malicious intent. I currently have a lawsuit against these criminals. Tata, please email me at: Isabel-1229@hotmail.com. Stay strong and even though it’s overwhelming please do not take your life. Again, please email me. We will get the word out for you regarding this heartless and criminal bank.

  • Isabel S - Florida August 20, 2011, 1:54 pm

    Lets not lose hope (I include myself). These CRIMINALS can’t win them all. Here is a recent example: http://www.startribune.com/local/minneapolis/128110078.html

  • Senka August 20, 2011, 11:11 pm

    It is not easy to fight the biggest fraud in the history, but it does not mean that we should not fight it. The most important thing for us, regular people, is to unite and raise our voice, never stop asking questions. Please write to your government officials, write until someone responds. Because, we don’t need all of them to respond, we need one person who is ready to stand up and realize that lives of American people are more important than their positions and “too big to fail”. Write to your Register of Deeds, talk to them about Register O’Brien and his fight – you won’t believe how much he has accomplished just in a few months – because he didn’t want to give up, he didn’t want to close his eyes in front of the biggest fraud that is crumbling this country: http://tinyurl.com/6472rxo

  • Senka August 20, 2011, 11:34 pm

    Please join this site! We’re not alone: “Never give up. The very worst thing anyone can do is surrender their home without resistance. Stay calm, remain in your home.”
    http://protectamericasdream.com/

  • tata August 21, 2011, 11:36 am

    Isabel, I tried to email you but came back and said that it was unable to send? Thank you for the response. Please email me at troutslayer28@yahoo.com.
    Thanks again, tata

  • Patrick Liva August 22, 2011, 1:26 am

    please go to Utube. Patrick1678 (no spaces) how do i get involved in this law suite unless a lawyer will look at my utube videos and know i have hundreds more. 619-997-8618

    • Isabel S - Florida August 22, 2011, 7:36 am

      Patrick, I was watching some of your videos. It’s great that you have all these videos. More evidence for your case. There are no attorneys here to help us, we are on our own. I personally have a lawsuit against Bank of America and I do NOT have an attorney. Contact me anytime at Isabel-1229@hotmail.com.

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

    Yet another highly credible witness to the banks’ pre-planned, intentional scam to confiscate peoples’ homes for the sake of profit …

    http://www.nj.com/business/index.ssf/2011/08/homeowner_says_bank_of_america.html

  • michael August 22, 2011, 11:35 am

    I just got done filing for the 14th time.I wrote the AG’s office in CT and was called from the CEO’s office of BOA.BOA sent me a letter state it was my fault for not having the right paper work and not making payment on time for Feb – March – April – May 2010.If you look at my payment for those month they took the money out of my account on the 1st of each month.I just sent in all the paper work again two weeks ago,got a call from them saying they have all the paper work they need, 8 days later they want more paper work and it’s the same paper work I just gave them. A class action suit will take to long and you will get $63.77 from it all.Do like am going to do,hop on my bike go overseas from the next 15yr,come back to CT and be a drain on the tax payer for the rest of your life.Can anyone say Free Government Cheese ? I was also told to feed myself for $25.00 per week, I have lost 17lb and am down to 145lb. Who the hell do they think they are ?

  • Don S. - Pennsylvania August 22, 2011, 11:54 am

    For Patrick and any other new posters …

    For your own sake, please read through this page and at least the previous page of posts. It’s best not to skim, but actually read and even go to the links provided in my posts as well as others, particularly Isabel.

    There are NO instant fixes in this situation, NO magic buttons. You have to learn how all this works. There are no heroes and no saviors, just the hard work of becoming aware.

    One post to start with is one of mine to “Chance, Robert, Will, John, Lisa and Debra” (as well as others that are similar) about halfway down this page that gives a brief introduction and sends you to an 18 point list that could help your case along.

    The MOST IMPORTANT THING you can do is read and learn, whether here or elsewhere.

  • ken smith August 22, 2011, 12:42 pm

    i want to jump aboard quickly, They have been taking my modified payments for 20 months and now tell me they wont take them anymore unless they are full payments THEY RENIGED Basically I want to be part of this lawsuit please guide me in the right direction

  • ken smith August 22, 2011, 12:43 pm

    They have been taking my modified payments set BY THEM for 20 months and now tell me they wont take them anymore unless they are full payments THEY RENEGED, Basically I want to be part of this lawsuit please guide me in the right direction

  • Don S. - Pennsylvania August 22, 2011, 2:03 pm

    Protesters invade bank headquarters to demonstrate against foreclosure practices

    http://www.pasadenastarnews.com/news/ci_18714513#ixzz1VVG7WM00

  • Kim Short August 22, 2011, 4:18 pm

    I’d like to add my son’s name, Chris Rosa, to the class action law suit. My son has been trying to get a loan modification for nearly 2 years. I’m looking into this, on his behalf, because this has taken too much time away from his job. I recently hired an attorney for $2,500 who hasn’t done anything more than what my son already went through. BoA losing his paperwork, giving them the run around etc.

    What they’re doing to their customers is criminal. I’ve never seen anything like it. Other than those who have been through this, no one can comprehend the time, aggrevation and stress this has caused.

    My son is expecting a baby any day now and doesn’t know if he’ll have a home to live in. It appears as though BofA would rather have them lose their home and turn around and sell it to a family for the same price my son would be able to afford. There must be a big incentive for them to do this. Afterall, it’s not about the customer any more.

    I’d be happy to write to 60 minutes, if it’s not too late. I’m seriously thinking about picketing BoA. Someone has to stop this.

    • Isabel S - Florida August 24, 2011, 8:15 am

      Kim, sadly there is no lawsuit to join here. We are all victims of Bank of America’s abuse and are utilizing this forum to help each other out in the form of advice or just plain sympathy.

      There is a BIG incentive in foreclosing. These greedy Banksters only care about themselves. They are only worried about not being able to fly their private jets and not being able to pay their billion dollar mansions. They make me sick!! They could care less if you are dying, got an operation, lost your job or any other unexpected inconvenience that might happen in your life. They will not help anyone but expect to be helped or “bailed out” when they fall on hard time, and with our tax dollars!! BofA needs to be exterminated like a bad cockroach infestation that has corrupted this country’s economy.

      Bank of America is a Mafia, plain and simple. Their racketeering is beyond words and they are getting away with it. Guess what? If I were committing half of the crimes they have committed, I would be rotting in prison right now. What a bad message our government and justice system is sending: “It’s okay to deliberately break the laws and destroy people’s lives as long as you pay the fine”. C’mom!!!

      Bank of America has laughed in the face of the law and the homeowners with their “too big to fail” demeanor. Their racketeering is beyond words. If you would like more information about Bank of America’s racketeering practices please read here: “Bank of America is a Racketeering Enterprise” piggybankblog.com/2010/11/16/bofa-racketeering/

      Everyone can do their part and sign a petition that will hold Bank of America accountable for RICO violations: Please sign this petition: http://www.change.org/petitions/the-president-of-the-united-states-hold-bank-of-america-accountable-under-rico-laws.

      They also continue to use robo-signers when filing documents. Here is one example: “Bank of America Files A New Robo-Signed Assignment of Mortgage on Florida Couple Suing BofA for Racketeering” http://t.co/AOa7RwM. (P.S. This is my story).

      Kim, you need to make a lot of NOISE. Use twitter and facebook to post negative articles about BofA and spread the word about Bank of America’s illegal practices. BofA just recently “blocked” me from posting videos or links on their facebook page. I guess I really got to them. Yes, I actually “like” Bank of America’s Facebook page so I can post negative (true) things about them. Most of the people on their Facebook page say horrible and nasty things about them (well deserved I may add): http://www.facebook.com/#!/pages/Bank-of-America/32316911614. Also, a non-violent protest is the way to go. You can also call the media ahead of time and tell them where you will be for the protest so that they can cover your story. We need to be heard. This abuse needs to stop!!

    • tata August 24, 2011, 4:08 pm

      INCLUDE me in the picketing. Perhaps we declare a war of our own on them. Kim I’m trying hard to get this out, but first we need to find someone willing to help us. I’ve contacted CNN about it and still no response. If you’d like, feel free to touch base with me at; troutslayer28@yahoo.com

  • Don S. - Pennsylvania August 22, 2011, 7:33 pm

    youtube.com/watch?v=-u-J4KMAHNo&feature=player_embedded#!

  • Don S. - Pennsylvania August 23, 2011, 10:59 am
  • tata August 23, 2011, 5:19 pm

    Isabel, TaTa is back. You gave the will to continue to fight and oh boy have I been speaking. I’ve written to so many congressmen, senates, speaker of the house and the white house. Actually, I’ve run out of people to write to, I’ve even written to abc, cnn, channels 4, 5, 9, and 11 and tried the star tribune(St Paul Mn) and the pioneer press. You got me going and I’m not stopping this time. I’m pissed and damn it, we will win this battle until that bank of destroying america is dissolved to rubble. I’ve given up on the state peckerheads cuz they don’t care and won’t respond, what a bunch of gutless people in office here in Minnesota-they are just sucking our tax dollars away into their deep little pockets and thats our money. Again I’m back in the fight and lets get this out there so EVERYONE can see how we are treated in our lovely country of greed. Hey if for some reason I’m on the news, and I intend to be, I will let you know. Just knowing that someone is watching that is on my side will give me faith and strength. Again, THANK YOU.

    • Isabel S - Florida August 24, 2011, 7:52 am

      Tata, I am so proud of you!! You are heading in the right direction. Thank you for your kind words but honestly, I am just a victim like you. I was abused and battered by Bank of America and even though I have my moments, I have decided to fight them instead of letting them win. Belive me, the fact that I no longer wanted to live eventually gave me motivation. I now refuse to let them “steal” my life from me and my family. Keep doing what you are doing. Let the world know of the abuse! Bash them on Facebook, Twitter and heck, organize a group and even protest (non-violent) in front of one of their buildings. If it’s big, the media will show up. That is actually my next plan. Keep up the good work and know that you are not alone. There are thousands of Bank of Destroying America victims out there as you can see on this forum. Keep us posted on any developments. Again, congratulations!!

  • Don S. - Pennsylvania August 25, 2011, 1:26 am

    Please drop a SHORT note to New York Attorney General Eric Schneiderman in support of his efforts to go after this problem legally. Backroom deals have NO PLACE in our justice system, and he’s getting pressure for trying to stop it …

    bloomberg.com/news/2011-08-23/new-york-is-removed-from-state-foreclosure-group-after-voicing-concerns.html

    His official contact page …

    ag.ny.gov/contact.html

    The email form …

    ag.ny.gov/online_forms/email_ag.jsp

    The article quotes AG Miller (who clearly should be removed) who “accuses” Mr. Schneiderman of undermining nine months of the committee’s work …

    … which SHOULD BE undermined, since the current talks would let these criminals off with a light wrist slap … when jail terms for fraud should NEVER leave the table.

    Please pardon this brief rant …

    … but did THOUSANDS of American soldiers fight and die for criminals like this to financially rape the country they died for? Is THIS what our men (and boys, really) put on uniforms and threw themselves in harm’s way to defend?

    Revolutionary War … 25,000 deaths
    War of 1812 … 20,000 deaths
    Mexican American War … 13,283 deaths
    Civil War … 281,881 deaths
    Spanish & Philippine Combined … 6,642 deaths
    World War 1 … 116,516 deaths
    World War 2 … 405,399 deaths
    Korean War … 53,686 deaths
    Vietnam War … 58,209 deaths
    Iraq/Afgan … 5,796 deaths

    FOR BANKERS???

    … or for us, the PEOPLE of this republic?

  • Don S. - Pennsylvania August 25, 2011, 1:30 am
  • Don S. - Pennsylvania August 25, 2011, 1:34 am

    Dylan again … back in October …

    youtube.com/watch?v=OrxSViQ7pIg

  • tata August 25, 2011, 11:31 am

    Folks I have been heard. Mr. Clinton and Congressman Kline have responded to me. Congressman Kline will step in and give us a helping hand. Yes, don’t give up and stay in your homes and we will win people. Even if I get all my shit straighten out, I’m still not done fighting. I don’t kno you people, but I promise you that I will continue to fight on the behalf of everyone here. You aren’t alone, I’ll do my damnest to help everyone and I won’t give up. NEVER, I’ve only just begun. Peace my friends and stay strong. You are an amazing person Isabel and one day I will meet you and we both will smile.

  • Jean August 25, 2011, 4:44 pm

    We are about to loss a home we purchased so others would not go homeless. Bank of America was taking the 200-300 dallor payment out of out bank account for more than 3 years then told us we needed to pay tem by check. we mailed them back to us. When they werwe returned that put us behind. No way to pay our maorgae we took it to a lawer and now they are selling our home. They have done this to more than one friend of ours also.

  • Kostas August 25, 2011, 7:11 pm

    After almost 3 years and 7 FedEx Letters with Tax returns PNL statements,pay check stabs,Bank payperwork,and other personal information, they always came back with the same story, lost papers,the dog ate the payperwork,the 57 scan pages got lost ,we need more paypers,finaly after 34 months and 100s of ours talking on the phone with supervisors and secretaries the send me a letter:
    You are not eligiblefor a Home Affordable Modification because you did not provide us with the documents we requested. this letter was send to me on may 6 2011 On June 13 2011 I reveived an e-mail from Sarah Markand her supervisor that all the payperwork was in and the undewriter will look at it and let me know soon. Lets all get together talk with the Attornay named above and file a class action agaist the morons over there in B O A I am ready to do anything to panish the bastards Moneywise. Love to hear from a good attorney that know how to handle this kind of a case.

  • Kostas August 25, 2011, 7:32 pm

    Here are dated names and time that I have spend with BOA Hanburger flipers.
    21Sept 2009 Contact Resita at 15:35
    28 Sept 2009 Contact wanda 13:30 Tranfer to Sup 13:40
    28 Sep2009 14 25 cantact Creg
    4 Nov 2009 Jenn,Sonia Eleni 0930
    15 Nov 2009 Jody 14:05 to 14:35
    Kasandra and Beverly.
    23Nov 2009 Susan 14:30
    16 Dec 2009 09:35 to 09:55 Jony ,09:55 to 10:10 Jessica Sup
    March 2010 Icrease payment for inpound account by $ 1,000.00.
    4,5,6,7,10,11 April harasement phone calls from BOA payment do 1st why we do not have your payment.No more room for the other people names time and document request till 13 June 2011 I have another 37 Names of hanburger fleepers that I have talk too. Lets get them, my Greek tamper can’t hold any longer.

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