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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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  • Ronda Diven August 26, 2011, 11:08 am

    Seems BOA’s lies, deceit, and fraud is widespread! Here in Baltimore BOA has collected their fees for issuing modifications and then saying there was a mistake and wanting all monies back after mortgage was decreased by $700 month! I have 600 documents that prove their continuous lies from simple things such as when they mailed a document with a deadline (I kept the fed ex envelope that says they mailed it 5 days later than what they claimed) to them telling our tax assessment board and our home owners insurance company that we no longer lived in the home (their rep came ot house and spoke ot my husband…so they knew we lived here). Home Owners cancelled our policy becuase they thought we did not live here. Another lie. Their own reps told me they had my house for short sale before I even knew they had me as delinquent in payments! I too am filing suit! Free me from this monster!

  • claranda allen August 29, 2011, 6:52 pm

    I also live in GA and need to do something about BOA i need a audit done on my loan my whole loan is a fraud and a lie plz can someone help me

    • Don S. - Pennsylvania August 30, 2011, 7:58 am

      Claranda …

      Up near the top of the page, at July 10 than 11th, Isabel lists a link to an article she wrote. Under it is are comments of mine.

      I know these things don’t directly address your request for help with an audit, but I think they might help your understanding a little (By the way, good job on knowing what a “forensic audit” IS. Many don’t).

      There are other links and comments on this page and previous pages that may also help.

      Self-education is very important in defending ourselves.

      “Tenacity” is also something that can be very valuable … as Tata has discovered, I believe (Great job Tata!).

      Another way to put it is “Get smart and get mean.”

  • Dennis Schwab August 30, 2011, 12:09 pm

    I want in!!! I received a packet in January 2011 stating that I had been approved to have my mortgage permanently modified. It detailed the payment schedule for the next 25 years and all I had to do was sign the agreement along with the other documents and return them by January 23, 2011, which I did. I have been making my modified mortgage payments and they have been accepted by Bank of America. Now they are saying that the investors rejected my modification because my ex-wife didn’t sign the papers. In the agreement there is a provision that says she doesn’t have to sign because her interest was transferred to me via a divorce decree PRIOR to the beginning of the modification application based on MY financial information only. How can this happen???

    • Don S. - Pennsylvania August 31, 2011, 11:13 am

      Dennis …

      A tough question for you, but you want “in” to what? The lawsuit listed on this web site/blog?

      That’s only for residents of Washington State (with another suit in California by the same firm). Contract and Statutory Law is State-by-State. Besides, you’d also have to “qualify” for the conditions of the class, and in the process lose the lion’s share of the details of your case, which is what suits are won on … the details.

      Not only that, a class action suit SILENCES many voices, does NOT give them a louder voice … that, on top of keeping the banks’ defense of these allegations cheap and easy by letting them send one small legal team into court.

      Banks (or any corporate litigant) WANT you to believe a class action is bad for them … when it’s not. It should be a last ditch effort, not the first thing you do. The FIRST thing that should happen is that these tens of thousands of homeowners should file INDIVIDUALLY, forcing the banks to respond with tens of thousands of lawyers.

      That’s expensive, and banks HATE spending money.

      Besides, “suing” isn’t necessarily going to get you what you want, which is likely your modification. Once you “sue” them, you become a litigant and your modification negotiation is likely dropped, waiting for the court to make a decision, which could take years … and there’s ways for them to take your home anyway in the meantime.

      Now “FILING” is a different matter, such as a “Motion to Compel” or and “Emergency Injunction.” Those aren’t “lawsuits” but are things where you can ask the court to force the bank to do something, or stop them from doing something they shouldn’t be doing.

      Like most people, I came here almost totally ignorant of the law. That’s completely unacceptable if we are to fight “these people” properly. They have access to HUNDREDS of lawyers, and we know nothing. That’s how we got into this mess.

      Self-education is the key … followed by EFFECTIVE ACTION … not groveling and scrambling for lawyers who are running away from these cases at lightning speed.

      For your own sake, I strongly suggest read through this page and the last to see how you can help yourself.

  • Homeless without a paddle August 30, 2011, 10:10 pm

    I requested to short sale the home and they told me to get a real estate agent, which I did. Instantly we had a buyer for the house this was in April. They jerked me around and sent me department to department saying they didn’t know why the offer hadn’t been accepted and there was no reason for the sale being scheduled 5 months after they had a reasonable offer on my home. I begged and pleaded with supervisors and people who did not care to help me when they were in the wrong. They send you back and forth between departments wasting hours on the phone while nothing is getting done to remediate the situation that could have been avoided if they would have held their part on the deal. I was foreclosed on for no reason.

    • Don S. - Pennsylvania August 31, 2011, 10:55 am

      Homeless …

      Frankly, it’s for a very good reason … in their eyes.

      Their objective is to repossess and profit … period.

      You’re simply in the way.

      Your mistake … like the rest of us … was trusting and believing that these banks were and are doing “the right thing.” They’re not. They’re in business to pull a profit. That’s what their executives, boards and stockholders expect.

      They’re not in business to “help” you or to see to your needs … like a roof over your head, just the money they can extract, regardless of the method or the cost.

      Sounds harsh, but in this world of “business-is-business” common decency and morality is tossed out the window for the sake of a buck. We’re just experiencing the inevitable from letting criminals run rampant … having no clue what they do or how they go about it.

      Sad facts of the matter.

  • Isabel S - Florida August 31, 2011, 8:07 am

    Well everyone, seems like our good ol’ greedy friends at Bank of America are getting slammed with more lawsuits. It brings tears of joy to my eyes. Not even Buffet’s money will help them out of this one. The Nevada AG amended her complaint and added more charges to the lawsuit that she filed against BofA months ago: http://www.vegasinc.com/news/2011/aug/30/nevada-ag-accuses-bank-america-improper-foreclosur/.

    In addition, U.S. Bancorp sues Bank of America for putbacks:
    http://www.fiercefinance.com/story/us-bancorp-sues-bank-america-putbacks/2011-08-30?utm_campaign=twitter-Share-Web#.Tl2SEkIVSSI.twitter.

    There is also an article that was just released yesterday regarding major health issues being tied to foreclosures. A study was conducted. Will be a great resource for those who plan to sue Bank of America for punitive damages because of health issues due to stress caused by BofA. Believe me, these monsters will try to kill you with all the stress they will cause you. I know from personal experience. I have long-term consequences because of the abuse I received. Here is the article: http://online.wsj.com/article/SB10001424053111904199404576538293771870006.html?mod=wsj_share_tweet.

    We need to stay strong. I sure hope I live long enough to see Bank of America’s demise.

    socialapocalypse.com/2011/08/knock-knock-bank-of-america.html

  • Michele Abbott August 31, 2011, 12:36 pm

    I have been trying to modify my loan since 2009 with Bank of America and have had no success even getting them to enter my informatiom that I have sent to them four times. Now, they have just closed my modification case, saying that I have not sent them the information that they requested, after sending them my temporary payment that they gave me for 2 1/2 years. I couldn’t even get them to send me paperwork saying that they gave me a temp payment amount to pay. At the time they gave me the temp payment to make the man I spoke to said my loan payment would be modified to that amount and I would have paperwork in two weeks. NOT! I believe that they are so outsourced that noone knows what is giong on inside their organization. I believe they never tried to start the modification process for me and it is just easier to take a home than go through the process. You never speak to the same person and they cannot access information from previous people you have spoken to. You are never assigned to an individual to talk to so there is a consistant process to follow, you speak to a total stranger each time you call and God knows where the information, very private information, goes when you send it to them. For sure, it is never entered properly or consistanty,and where is that information sitting? I feel that the Bank of America is functioning outside the law and certainly outside the guidelines for loan modification. They have recieved monies from the government and now have no incentive to help people in need. Very Corrupt system that noone is monitoring or keeping tabs on. Meanwile people are having their homes taken. I feel that they must be stopped immediatly before more people loose their homes. I am desperate for help. Two months ago they quit taking my payment saying that my case was closed because I did not send the information requested. So they can say whatever they want and just take homes without being accountable. HELP! Sincerely and Respectfully, Michele A Abbott, 719-687-4260 583 South Forty Road, Woodland Park Co. 80863

  • Richard J. Owensby August 31, 2011, 6:12 pm

    Wow. I thought I was alone! For the last 3 years I have fought BOA. We had problems and missed payments when I was laid off long ago. I thought my wife had stuff straight until I saw forclosure notice one day. From that point on I attempted to get right with BOA. 1st point was they wanted $2,500 dollars, within 2 days I got a cashiers check in that amount which was not an easy task. Talked to BOA again and again until 5 weeks later they finally have the correct place for me to send this money they requested. So we finally begin modification or so I believe, pay this amount for 6 months I’m told and we will redo loan. 8 months Ho by and now its a year to pay first. Then the BOA games began. 2 years and 6 times submitting for a modification. Some times getting a fed ex on Friday with a suspense that Sunday. Moderator calling during work and never able to get through to the moderator. One time I verified the email address that I updated the prior week and was then told I had not called them in 4 months, funny thing is I called with the recent address. Bottom line is, I still have a fight because even though I got the modification finally the six months missed grew from 7 thousand to over 20.

    • Don S. - Pennsylvania September 1, 2011, 11:06 am

      Richard …

      That’s precisely where they want us …

      Feeling alone … ashamed of the “foreclosure” label … ignorant of the law and legal processes … continuing to believe their job is to “help” us … thinking it’s their responsibility to keep a roof over our heads … believing they’re being incompetent when they “lose” our paperwork …

      None of it is true.

      Particularly since the repeal of the Glass-Steagle Act (http://en.wikipedia.org/wiki/Glass–Steagall_Act) in 1999, the banks, insurance companies and investment companies have been running rampant … essentially unregulated … or “self-regulated” … manipulating and robbing at every opportunity.

      It was pointed out by one observer that a photograph of the signing of Glass-Steagall in 1933, few if any in the picture were smiling … but in the photograph of the repeal in 1999, they were GLEEFULLY SMILING …

      … because they knew they were being given a license to steal.

      I’d bet if you polled a hundred thousand homeowners who lost their homes, only a handful would have ever even heard of Glass-Steagall, and even less would know what it meant … when it’s one of the root causes of this debacle.

      Our ignorance … and I’m including myself in that … has to be overcome if we’re to have a fighting chance.

      “Knowledge” and “understanding” are critical to both homeowners under attack AND the general public …

      … because they’re next on the banks’ hit list.

  • JohnW August 31, 2011, 8:55 pm

    Is there a class action lawsuit against BOA? I am in Michigan and our so called modification loan payments are higher than the original payment, and our property taxes are lower now since the value of our home has went down. They dropped the interest rate by 2%, but the payments are higher…… If there is a class action lawsuit please send me the information so I can join in with everyone. BOA are theives!!!!

    • Don S. - Pennsylvania September 1, 2011, 10:38 am

      John …

      I strongly suggest you read through at least this page of posts and the previous page.

      There’s lots of things about this situation … like the validity and effectiveness of a class action suit … that you may not be aware of.

      Self-education is critical. “Not knowing” is a large part of how we got into this mess.

  • Kathryn August 31, 2011, 10:42 pm

    Yes Isabel,
    I completely agree about the health issues, I think all of us are experiencing similar attacks on our well being in one way or another.
    There is some hope though, as we do hear each day another new report of how Bank of America is being challenged. If you go to propublica.org there is an article named ” Nevada Wallops Bank of America with Sweeping Suit” The Nevada Attorney General has filed this lawsuit against them. This is very encouraging to say the least. The Lord is thankfully truly standing with the underdogs…….

    • Don S. - Pennsylvania September 1, 2011, 10:33 am

      Great observations Kathryn.

      I’d suggest taking things a step further and strongly suggest you tell your friends, family, neighbors and co-workers what’s going on, too. Getting people not effected by the foreclosure scams involved in the conversation is critical.

      That’s what the planned demonstration on Wall Street on September 17th is intended to do … raise awareness in people who are clueless or uninformed. Several thousand people are expected … complete with barricades. mobile kitchens and tents.

      But also, we need to contact those law enforcement officials (Attorneys General), politicians and regulatory agencies responsible for overseeing and prosecuting banks, and continue to encourage them to act. Those few that are saying “no” to banks need to see that we’re behind them … and not just homeowners under attack, but everyone else as well.

  • claranda allen August 31, 2011, 10:45 pm

    i have bank of idiots too the same story that everyone has put them all in one you you have my story i need help now my house is to be sold on nov 1 2011

    • Don S. - Pennsylvania September 1, 2011, 10:01 am

      Claranda …

      Two things …

      First, they’re not idiots at all. They’re merely making themselves LOOK like idiots.

      There’s a thing in the law called “malice,” which is a very bad thing for people who are openly malicious, and courts will punish them for it. Banks know this. It’s one of the things first taught in law school, and banks have thousands of lawyers on their payroll.

      You can’t look malicious, but you CAN look stupid … and be forgiven by a court.

      The things we think are incompetence or stupidity are carefully planned and implemented by the banks. They spend hundreds of millions of dollars training their staffs, and they don’t do that “incorrectly.” Their goal is profit, WITHOUT being prosecuted by the courts.

      Secondly, between now and November 1st, you can file what’s called an “Emergency Injunction” to ask the court to stop the sale.

      What’s nice about me making that suggestion … which you won’t see a lawyer do on this forum … is that I’m no professional and have no professional liability for making it. I’m just a homeowner like you who has learned a few things. My career doesn’t depend on the courts.

      Yes, just like Isabel here on the forum, YOU can file the Injunction. You don’t need a lawyer. An injunction is not “suing” and merely asks a court to give you time to defend yourself and build your case to help save your home.

      Scary thought? Probably. But filing “Pro Se” without an attorney is not only your right, but can have some advantages.

      It’s not as hard as you think.

      If you’d like to hear more of my thoughts, feel free to email me at donsweetATverizonDOTnet.

  • Aram Arakelyan September 1, 2011, 3:28 am

    Bank Of America did not want to modify my clients $360,000 home loan.
    Foreclosed the property and sold it for $220,000.
    My clients would have been happy with $300000 dollar loan.
    Go figure…

    Aram Arakelyan
    Your LA Broker For Life!
    http://www.housevaluecheck.com
    DRE# 00935978

  • Don S. - Pennsylvania September 1, 2011, 12:48 pm
  • Don S. - Pennsylvania September 1, 2011, 11:17 pm
  • Don S. - Pennsylvania September 3, 2011, 2:20 am

    FHFA (Federal Housing Finance Agency) sues banks, including Bank of America and their Merrill Linch unit for losses from securities stemming from misrepresentation, fraud and more …

    youtube.com/watch?v=pGlpa40CaT4

  • Don S. - Pennsylvania September 3, 2011, 2:28 am

    Bank of America Shares Pummeled Again

    http://www.cnbc.com/id/44229756

  • Jessica September 3, 2011, 3:23 pm

    I was trying to get a loan mod through BOA for a YEAR! They old me NOT to pay my mortgage while I was going thru the loan mod. One day a lady came to my door and said she was from BOA’s making homes affordable plan and wanted to let me know that everything was ok and if I had any questions. The very next day I read in the paper that BOA auctioned off my house with out telling me and that we had to move. I had a new born at the time and was devastated! It has been a little over a year and I can not get any help. Is there anyone that I can call or email with my story to make BOA pay? They lied to me for a year and sold my house out from under me! Please Help!! You can email me at diametricelectric@yahoo.com

    • norma courtois September 15, 2011, 3:55 am

      jessica please please create a yaoo email account and join me on face book,, there is a group started all over the country, blasting and calling for action against bank of america

  • Don S. - Pennsylvania September 3, 2011, 10:36 pm

    Full-Blown Civil War Erupts On Wall Street: As Reality Finally Hits The Financial Elite, They Start Turning On Each Other

    http://ampedstatus.org/full-blown-civil-war-erupts-on-wall-street-as-reality-finally-hits-the-financial-elite-they-start-turning-on-each-other/

  • Don S. - Pennsylvania September 3, 2011, 10:50 pm

    Time to put the SEC (Securities and Exchange Commission) under a microscope … and telling your politicians, regulators and law enforcement is critical in making that happen …

    youtube.com/watch?v=vhENEMS_GuE

  • Don S. - Pennsylvania September 5, 2011, 11:05 am

    … and this is a FORBES staff writer, not an obscure blogger …

    Bank Of America’s No-Good, Very Bad Enablers

    http://www.forbes.com/sites/halahtouryalai/2011/08/22/bank-of-americas-no-good-very-bad-enablers/

  • Jamie September 5, 2011, 6:50 pm

    My family is one of the victums of Bank of America. Is there any way to get help with this, without hiring an attorney? The local deputy sheriff delivered forclosure papers to our door step for Bank of America and BAC Home Loans. Bank of America has upped our house payment three times since they bought out our first mortgage from Countrywide (which was supposed to be doing a loan modification for us). I have now been sued an additional $20,000 by Old Republic toward the second mortgage, since both companies that bought out our first and second mortgage, wants all their money yesterday. I have proof that Countrywide informed us NOT TO CALL THEM, NOT TO SEND EMAILS, DO NOT SEND PAYMENTS DUEING THE LOAN MODIFICATION, because I was holding up the process. Now we cannot send our daughter which graduated in 2009 to college. We are about to loose our home. Is there any help for us? Thank you

  • Don S. - Pennsylvania September 6, 2011, 1:19 pm

    For those of you who are fooled into thinking that BofA is incompetent or just plain stupid, this article is very revealing as to what they’re capable of behind closed doors. Glen Greenwald is a long-term respected and seasoned professional journalist, and this article is very revealing … and Salon is a highly respected journalistic outlet, not a common blog. I’d suggest you read the entire thing, not just skim it. I will, however, provide one quote that condenses the theme …

    “But the real issue highlighted by this episode is just how lawless and unrestrained is the unified axis of government and corporate power.”

    Folks … that is the literal definition of “fascism.”

    http://www.salon.com/news/opinion/glenn_greenwald/2011/02/11/campaigns

  • Don S. - Pennsylvania September 7, 2011, 11:10 pm

    I’d highly recommend newcomers to this site have a look around, read posts, get informed, then pay a visit to The Home Preservation Network and further your self-education …

    http://www.homepreservationnetwork.com/

  • Don S. - Pennsylvania September 7, 2011, 11:44 pm

    For those of you who are confused about “what-the-heck-is-going-on-here,” I’d strongly suggest you read this Richard Zombeck article on Huffington Post from August 25. It clears up a lot, including what’s motivating banks to take money rather than “service” their clients …

    http://www.huffingtonpost.com/richard-zombeck/government-tactic-help-ba_b_694288.html

  • Don S. - Pennsylvania September 8, 2011, 12:05 am

    Even though this article (video) is from last May, there’s lots of things about it that remain relevant, and newbies in particular should listen and learn …

    youtube.com/watch?v=eYvaO35NMIs

  • Patty of Oregon September 8, 2011, 5:15 am

    I recently found your blog site after becoming completely frustrated with trying to obtain a modification through BofA for the last 2 years. I thought I was through the dark tunnel of despair only to find the agreed modification 1st payment was not what BofA bill me for. Now I am in months of losing a home that I have fought to save for the last 28 months and understand why so many of hard working people such as myself have walked away. Keep doing what you are doing, Don!!! Your information is invaluable

    • Don S. - Pennsylvania September 9, 2011, 8:39 am

      Many thanks Patty.

  • Mehdi September 8, 2011, 2:49 pm

    Can I join this class action lawsuit at this point? I share the same pain as everyone else, which is not getting anywhere with BOA in modifying my loan. I got my loan through BOA back in 2004 with 5/yr interest only which matured in July 2009, so my payments went up drastically since I had to pay principal + interest. Also at the same time my wife was having a hard time with her business and lost almost 85% of her income. Fortunately I had my home equity with BOA which I started to borrow to sustain may payments. But that was recently taken away by BOA due to the fact that my property value has declined, and therefore BOA has to suspend that line of credit, leaving me with no option to continue, basically cutting my only life line. So I recently applied to modify my loan with BOA & was told that I do qualify with all the items in the guideline except the (very conveniently) my loan investor (which BOA had selected at one point to sell the Loan to, on their own) does not participate in the Fed. Government Loan Modification program and therefor I’m not qualified. That is why I would like to join the calss action lawsuit if possible. Thank you

  • Paul Ruiz September 8, 2011, 11:39 pm

    how to join in class action suit with bank of america, please send info., Thank You, Paul Ruiz

  • Don S. - Pennsylvania September 9, 2011, 8:51 am

    Jessica, Jamie and Mehdi …

    As much as I’d love for there to be a miracle cure for the problems we’re all having with the banks, there’s no easy way out.

    Well, that’s if you consider “learning” hard.

    At 55 … and I first applied for a modification when I was 52 … I’ve learned a lot, and I can’t say that it’s been easy. I came to this situation with many of the same misconceptions you have, but have learned better.

    It might be a thought for you to read through this page of posts and look back over previous pages. Both myself and others (particularly Isabel) have written things that may help you understand your situation a little better.

    Things may not work they way you think … but they CAN work.

    • Don S. - Pennsylvania September 9, 2011, 8:52 am

      Oops … 53.

      Math before caffein isn’t always a good idea.

  • LO September 9, 2011, 5:16 pm

    You can still apply for the HUD program EHLP Emergancy Home Loan Program at http://www.homeownership.com ( this is a Tnon profit agency NOT a scam) it is a least a chance at help.

  • audrey fleischer September 11, 2011, 12:22 am

    We have been waiting for Bank of America to submit an offer to modify our mortgage for 2.5+ years now. We have submitted umerous hardship letters, documents from our banks, pay stubs , income verification ,etc. and have gotten nothing from them, no calls back just correspondence saying they are still reviewing. I was told not to buck Bank of America with bad remarks because they will close you down in a instant. Well I went to the media for help and it started conversations and again more paper work to be sent…then the other day we get a letter saying because we have not sent the necessary paper work asked for, they can not help us. So we now have to face the fact that our home will not be ours. 2.5+ YEARS of waiting!!!! And we can not find any place to live because the foreclousure is on our credit report…. 2.5+ YEARS. When will someone listen to us..this bank has ruined thousands of people and put millions out on the steets and they continue to write mortgages.

  • Kim Preston September 11, 2011, 7:41 am

    Hi, I lived in my house for 14 years with my son and BOA would never respond to my phone calls and letters trying to get answers during my lenthly loan modification wait. I was told by my attorney to file BR and walk away. My credit is now ruined, my son and I have been living with a friend and now it’s time to move and no one will talk to me or wants to rent to someone who has lost their home and due my poor credit. So we are going to be homeless…we have pets and a have a home full of furniture in storage. What can we do to get assistance? Does anyone know any attorney’s in Mississippi who will assist with this issue? Or, anywher in the US who would help? Thank you!

  • Don S. - Pennsylvania September 14, 2011, 12:06 am

    Long-winded and complicated article … and by a BofA stockholder … but worth a read to see what people who are invested in this monstrosity are even saying … I’m just not thrilled with is use of the word “deadbeat” near the bottom, which proves he’s obviously confused on certain factual points of this foreclosure debacle …

    THE TRUTH ABOUT BANK OF AMERICA: Here’s Another Thing Some Investors Are Freaking Out About …

    http://www.businessinsider.com/the-truth-about-bank-of-america-2011-8

  • Kemmie Malone September 14, 2011, 10:40 am

    I would like to know the lawyer name also we been dealing with this for going on almost 3 year and they still have not found a modification loan and they had the nerve to say my husband make to much…

  • Kemmie Malone September 14, 2011, 10:41 am

    It will be put on your credit

  • Kemmie Malone September 14, 2011, 10:45 am

    They will mess your credit up and now what you cannot even buy another house because of them something has to be done…

  • norma courtois September 14, 2011, 6:54 pm

    bank of america, are bold face liars,, they have toyed with me sonce day one,, i have had enough,, EVERY ONE and i mean EVERY ONE, that has been screwed over by boa shoud rally together, on face book, twitter, write out congressmen and senators and yes even the white house,,, if nothing else destroy them the way they have distroyed peoples lives and health,, after much research, one woman committed suicide, she simply couldnt take boa one more day, people are suffering from high blood pressure, insomnia, nervous breakdowns, marriages falling apart, and sad as it it the homeless, all this at the hands of BANK OF AMERICA,, any one interested in joining me, lets all stand together and make bank of america accountable,,,BANK OF AMERICA IS THE WORST FINANCIAL INSTITUTE IN THE COUNTRY, THEY SHOULD HAVE STAYED IN DAM ITALY

  • NORMA COURTOIS September 14, 2011, 7:10 pm

    LOL I JUST POSTED A LONG LONG LETTER STATING WHAT IT WOULD TAKE TO STOP THE LIARS AND THIEVWES OF BANK OF AMERICA, AND FOR SOME REASON MY POST WAS REMOVED, SEEMS THEY ARE PAYING ANOTHER FLUNKIE TO DELETE COMMOM SENSE POST,, PLEASE EMAIL ME AT RICHANDNORM@YAHOO.COM AND LETS GO WORLD WIDE AS A GROUP TO RALLY AGAINST THE WORST FINANCIAL INSTITUTE IN THE COUNTRY BANK OF AMERICA HAS LIED , MISLEAD, CHEATED AND PLAYED US FOR FOOLS, TIME WE ALL STEP ON ON FACE BOOK AND TWITTER AND WRITE OUR CONGRESS MEN AND SENATORS AND YES EVEN THE PRESIDENT,, WAITING TO HEAR FROM YOU ALL

  • norma courtois September 14, 2011, 11:10 pm

    ok update again if you have been screwd over like thousands of others across the country by bank of america here is a link, lets bombard any one and every one, i sent letters to my local news station, my congressman, senators and tonight to 20/20 investigators, good morning america and diane sawyer here is the link
    http://abcnews.go.com/Site/page?id=3068843
    we need tobe heard and i promise i willbe heard i hope you all join me

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

    To “Melanie …

    I’m assuming you’re the same Melanie that posted on the 13th, Tuesday, asking for information on a class action lawsuit. If so, you’ve done a tremendous amount of research in just two days, which proves people can self-educate about this situation without that much trouble. The information is readily available, and can actually be shockingly enlightening.

    Yes, “squatting” is being encouraged by certain Congresspeople. We’ve discussed that here and even posted that very link. Yes, MERS is a serious part of this foreclosure debacle and is [fortunately] under attack and being challenged in several States and the courts.

    These are the things people need to learn … and then act on … as well as contacting governmental representatives and agencies and law enforcement. But too, you should be telling your neighbors, friends, family, co-workers and anyone else, since this effects all of us, not just homeowners under attack.

    Pull people’s heads out of the sand long enough to give them the idea of this literally criminal enterprise.

    As you are proving, knowledge is power … but it also needs to be passed on … and to as many people as will listen … and maybe even to those who don’t.

    Great job Melanie!

  • Fran Castellano September 15, 2011, 6:34 pm

    How does one get involved in the law suit. As above I have truely been had by Bank of America, from modification dept, forcloser dept, all the way to my house being sold from under me in Phoenix, AZ

  • Isabel S - Florida September 16, 2011, 8:09 am

    I am sure many of you have heard by now that Bank of America has to pay $930,000.00 to an ex-employee who became aware of their massive fraud and then got fired. She was running the “mortgage fraud investigation” unit with Countrywide and then Bank of America after the merger. She obviously exposed the fraud and then got fired by Bank of America. The investigation that was performed showed evidence of “widespread mail, wire and bank fraud”. Hmmmmm….. these are 3 of the 35 RICO (racketeering) crimes!!

    If any of you decide to sue Bank of America for racketeering like I have, this further substantiates your case.

    http://www.huffingtonpost.com/the-center-for-public-integrity/mortgage-industry-whistle_b_963882.html

  • C. J. Bouse September 16, 2011, 1:26 pm

    I too am fed up with Bank of America. I was laid off last December from job and have yet to find full time work in my area. I immediately called the bank and let them know the situation and asked about refinancing. They said that I would qualify for a loan modification, they sent out the packet the next week. I filled it out the day I received it and gathered all of the documentation they requested and fedexed it back to them. After not hearing anything from them I called and asked the status. They said they never received anything. I was told that I would need to resend everything but if I wished I could fax so that they could get it sooner because the deadline was in a few days. I faxed everything to the number that was on their fax cover sheet. I then called the day before my deadline to make sure everything was ok. They said again that they didn’t have anything, I had my confirmation in front of me and read off the date and time it was confirmed as received. They still insisted they never received anything. I asked for an actual fax number to a live person. I got this gentleman’s name and fax number and promptly faxed it. I called back within 15 minutes after receiving the confirmation on my end and asked how soon he would get it to underwriting. He stated that he received the fax but that my bank statements were not part of it. I purposely put my bank statements in the middle of the fax so that there were documents before and after. I asked him how many pages he received (he told me the correct amount) and then I asked him if he received my hardship letter which was the very last page of the fax. He stated yes. I then explained to him that if he received the number of pages he just admitted to plus received the very last page then he indeed had my bank statements. He then said he had just overlooked them. Yeah, right!! He said he would send it to underwriting that same day.
    Three days later I get a phone call from my insurance agent stating that they received a fax from a Paul from Bank of America stating that they were taking over my insurance payments since we were going into a modification. I thought thats fine, great, we are being approved. Wrong!! I received a letter from Bank of America a couple of days later saying that we didn’t qualify because we were still current on our home loan (I was told we had to be current to qualify, so we borrowed money from family to be this way) and the second reason was because our income had not decreased enough to warrant a modification. What the heck, I have no income, and my income was higher than my husbands when I was employed.
    After doing some research on how many issues borrowers have with them I began looking into my own loan.
    They have on-line a copy of my original note that my husband and I signed with Countrywide back in 2008. If I understand correctly what I am reading this doesn’t mean zip, correct? I need to ask them for an affidavit from an officer of the company as to the location of the original note, correct? I also looked on MERS and it shows that Bank of America is the servicer for my loan. I looked under Freddie Mac and our loan is also showing up under them. I called our recorder of deeds here in MO and asked who was on our deed as the lien holder and they told me the last recording was done in 2008 by Countrywide. Doesn’t Bank of America have to file with our county to get their name recorded as our lien holder? Any advice anyone can give on how to proceed would be greatly appreciated. I am done asking family to help and there is no way we can continue making our full loan payment.

    • Don S. - Pennsylvania September 20, 2011, 11:56 pm

      C.J. …

      I see you’ve found our “little discussion.”

      Please … for your own sake … read through this page of posts and at least the previous page, following the links suggested by posters.

      I know how outraged and confused this situation can make you. I’ve just started my third year of defending my home. But information … self-education … and understanding where we find ourselves IN REALITY, is the only way we have the slightest hope of fixing this.

      This is … whether we like it or not … literally a war to save our homes. We are being attacked by those “domestic enemies” we’ve heard so much about in political folklore (and oaths of office) … but this is real, it’s happening, and it’s happening nationwide to millions of Americans … partly but largely by a company that’s hijacked and stained our good country’s name.

      Become a warrior. That’s just about your only choice.

  • vs September 18, 2011, 2:53 pm

    In late 2009 we were attempting to refinance our mortgage, at that time the company we were working with continually told us we were close to closing, we would delay payment on our mortgage, thinking we were closing in that same month. (of course, unknowingly to us, we were being charged fees each time this back requested payoff info from BoA). We never did close on a new mortgage, but because we he had been “late”, BoA sent us info on a modification program that they were offering. We read through the information, and it appeared that we would be ideal candidates. After sending our application we received (and were deceived) by the letter we received next…cutting our mortgage from $2871./month to $1435! This was their “trial” payment plan for the next few months until our application was processed. We called BoA each month, then bi-weekly, then weekly and sometimes daily to check on the status of our application. At one point we were told that they needed our 2009 tax returns (being February, and a small business, our accountant did not have all of taxes completed). We again called BoA and they said to send what we had, our past tax returns 2007, 2008 and send 2009 whenever we had it completed. Unfortunately, our accountant (former) had to file an extension for our taxes, only completing them in May. Once we had the information it was faxed to BoA. We called to confirm, spoke to another rep and were informed that sometimes these modification applications can take up to a YEAR to complete. We asked if we should continue with the trial payment amount or go back to our original mortgage. Again, we were reassured that the trial payments would be fine. We asked (of course all of this is documented) what would happen to the balance that wasn’t payed monthly, how would we pay that back? (it was beginning to add up, $1400/month x6 months) We were told that they would NEVER ask us to pay all of that at once, that with the modification they would either add it on to the back end of the mortgage or change the terms to add additional years, lower interest rate, etc… And of course we believed them…
    I then received a letter sometime in Sept 2010 (still making these trial payments since feb, 7 x 1400) that our mortgage was now current. (I still have the letter) In the next week I received a certified letter spelling out our options, we could either pursue short sale or in leu (forgive me if I don’t have the jargon down). I lost it, how could this be? We were promised that BoA would work w/ us to pay back any owed money. Again calling BoA, they said we were no longer in the modification program (apparently we hadn’t been for some time), yet nobody told us that during our countless calls. All because of the missing tax info for 2009, that ultimately been turned in! We were being threatened w/ foreclosure. We had to empty our savings to pay our back owed money. And they wanted to collect late fees???? for the 7 months that we were granted this “trial payment”. I refuse to pay them! We were deceived by BoA. At one point when my husband spoke with a “supervisor” she stated that they would actually be doing us more harm than good if they gave us a modification because she said we could never afford our mortgage. That was 1 year ago in October. Yet, we were NEVER late prior to the 2 month spell when were attempting to refinance, and have NOT been late again since…We got royally screwed. Now we don’t have any financial cushion, I really wish we would have never applied for the phony mortgage modification. The entire thing doesn’t make sense!~

    • Don S. - Pennsylvania September 20, 2011, 11:44 pm

      VS …

      Please let me try and reorient you so this situation makes a bit more sense …

      … but first, I need to make a suggestion.

      I know it will take some of your time, and even seem a bit confusing, but for your own sake, please read through this page of posts to try and gain a better understanding of the situation you find yourself in. Then, read through at least the previous page. Simply click on “Previous Comments” in light blue at the top or bottom of this column.

      Now … generally … if you understand what’s actually happening … at least in my experience of 25 months of dealing with this … it actually makes perfect sense.

      They want your home.

      It’s really no more complicated than that.

      It’s [my personal opinion] that the banks have intentionally designed this system to work precisely the way it has, and there’s nothing … note: nothing … that’s “incompetent” or “bumbling” or even stupid about it. It’s all intentional. And banks don’t employ and train thousands of employees with tens if not hundreds of millions of dollars to do their jobs wrong.

      Remember, they’re in business to make a profit. IF YOU EVEN ASK for a mortgage modification, you’re immediately targeted for repossession … period. They have no intention of “negotiating” and are fully aware that you likely know nothing about the law, already have financial difficulties they can prey on, are already stressed out and will likely simply move out of your house once they start to apply the slightest pressure.

      Why?

      Because they can.

      And because pressuring you out of your house allows them to profit much more quickly on your home than waiting for you to pay it off. It’s not only immediate gratification for their boards of directors, stockholders and executives, they may well even profit MORE … but profiting fast is something they drool over.

      Seeing empty homes does not mean a lack of profits. There is insurance, as well as colluding to be the buyer and selling after collecting on your foreclosure, and from a variety of ways. It’s a rather neat, tidy system of moving money and pocketing profit at the expense of your loss and misery … and quite often simple shame.

      So …

      It makes COMPLETE sense to the bank, their board of directors, executives, but most of all their stockholders who demand profit, profit, profit … and don’t ask any questions about where it comes from.

      You got screwed because you COULD be screwed, quite largely because they know the law … through thousands of lawyers on their payroll … and you know essentially nothing.

      The main thing is the fact that what you thought you knew wasn’t even on the plate. You thought they were there to “service” your needs and keep a roof over your head.

      They’re not.

      They exist for profit.

      Period.

      It’s a license to steal … so they are.

  • Kevin Woods September 19, 2011, 10:42 am

    we spent 2 years in forcloser we tried to modify our loan but every time we called we had to talk to some one different they always said they did not qualify after my husband got back to work they said we could modify the loan but every time we would give them the info and fill out the paper work they would tell us we had to file again they lost the papers we were told not to make any improvements we were served papers. the garage roof caved in under the snow we were not to fix it the township had my husband arrested because we did not hook p to the city sewer but that was consider an improvement after 2 years because of my health the Dr. said no more stress or i could have another heart attache. they served papers took us to court and gave us 30 days to get out we had no place to go. after we went to court we got out in 7 days they came in removed some very old trees tore down the garage. now we are getting threats from the township because the sewer is still not hooked up and they are not paying the taxes on the home . someone made an offer on the house and the bank turned them down said we have to sell the house on a short sell and what ever the buyer did not pay we would have to make up on the loan and the loan went from 57,000.00 to 70,000.00 we have tried time and time again to settle this matter with Bank of America only to get a different answer from a different person every time we call. we have drained our savings drained our IRA and have nothing left we can not get a lawyer as we are broke. all we want is to be done with this house and Bank of America the bad credit is not even a problem at this point we just want to stop going to jail and having to pay fines and bail the township we lived in will not work with us and do not care what the bank is putting us through. the house we lived in for 26 years is setting in decay as are several other houses taken by Bank Of America.

  • Kathie September 19, 2011, 12:44 pm

    If anyone in NC has had these problems with BOA please send an email to kattorney@aol.com. Please put BOA in the subject line so that your email won’t be discarded.

  • Paul Tobin September 19, 2011, 7:51 pm

    I live in Louisiana and very much want to be part of a class action law suit against Bank of America. I have a handicap, 63 yrs old, unable to find any work due to BP oil spill. Have been in foreclosure, filed bankruptcy, and have lived in my home for 40 years. HOW DO I JOIN THE CLASS ACTION LAW SUIT AGAINST BANK OF AMERICA?
    I have repeatedly asked for HAMP/TARP help and B of A denies any help.

  • Paul Tobin September 20, 2011, 9:42 am

    How may I join class action suit on Bank of America or retain an attorney in Louisiana to avoid foreclosure or any further actions that threaten the ownership of my home and property? Paul Tobin 985-345-9520

    • Don S. - Pennsylvania September 20, 2011, 11:21 pm

      Paul …

      Unfortunately, like many of us, there’s a slight confusion in your post over exactly what the legal system does.

      A class action will not necessarily get you protection, which is what you imply you want. Now, “filings,” which are not lawsuits, can ask a court to make the bank do something it should, or stop the bank from doing something it shouldn’t.

      These are basic legal principles many people aren’t aware of. Most people think courts are for either “prosecuting” or “suing” … not so.

      Courts will also protect rights, if they agree with someone that applies to the court that rights … or a contract … are being violated. “Suing” doesn’t do that. “Filing” can.

      Please read through this page of posts and the previous page to help you understand how you might help yourself. Sadly, there are few, if any, heroes. The post above from someone implying they’re an attorney in NC is only the second lawyer I’ve seen in over a year post here. Almost no one is hovering over their computer screens panting to save us.

      We have to save ourselves … mostly with self-education, followed by intelligent, diligent action.

  • Cathy September 20, 2011, 9:01 pm

    My home appraised at 327K 5 years ago, my loan has a 5 year arm which is up this December, I have a buyer for the home, when he was approved, his appraisal came out at 180K. This is around a 40% underwater difference that I cannot come up with. I am so upset with this bank, at least BOA took the loss for the consumers, more banks need to step up to the plate.

  • Paul Tobin September 21, 2011, 4:02 am

    Please get me in class action on B of A. Paul Tobin

  • Lee Lou September 21, 2011, 11:17 am

    Does anyone know if there is a Class Action Lawsuit in Minnesota?
    We having been trying since November 2009 to get a loan modification. In January 2011, we finally received paperwork for a trial modification, however, it was not done correctly- BOA had my salary much, much more, so we appealed the trial mod in March 2011.
    We were told from BOA that we would hear in 20 days of their decision- we have the letter stating this. We have been working with a general manager, and others, last week we were told that we should receive a FED EX with a trial modification, yesterday 9/20/11 we received foreclosure papers- WE NEED HELP AND ADVICE….PLEASE.

  • Don S. - Pennsylvania September 21, 2011, 12:23 pm

    Audrey, Kim, Kemmie, Fran, Kevin, Lee Lou …

    … and …

    NEWCOMERS TO THIS SITE

    FOR YOUR OWN SAKE – PLEASE READ THIS ENTIRE POST

    I wish it were as simple as merely signing up for a class action lawsuit. Unfortunately, that’s not what this site is for. Neither are there lawyers (or politicians, or agencies, or law enforcement officers) hovering over their computer screens panting with baited breath to save us. We have to save ourselves.

    I have posts above and on previous pages that talk about that, but there are many other people that have been learning how this REALLY works and also have valuable things posted, particularly Isabel.

    As a very brave lawyer clarified here on the blog/forum several months ago … at the risk of his career … class action lawsuits are neither a miracle cure, or even bad for the banks (or any other corporation). Bringing all the “complainers” into one courtroom under one lawsuit makes it cheap and easy for them to beat you down … as well as stripping away your individual rights … your case’s details. Cases are won and lost on the details.

    But even with that, a class action won’t necessarily whip the bank into line and give you your modification. They take years (if not decades) to settle. A class action is not only NOT even a slap on the wrist, it’s a way for banks to keep taking homes while they’re in court over it.

    Please … for your own sake … read and research how all this REALLY works. There are no heroes, magic buttons or instant fixes. Learn how INDIVIDUAL FILINGS … not [class action] lawsuits … are a way to help your case forward.

    Again, for your own sake, READ THROUGH THIS PAGE OF POSTS, and at least the previous page, AND go to the links with additional information to educate yourself about the situation you find yourself in. For the previous page, simply click on “Previous Comments” in light blue at the top or bottom of this column of text.

    Also, please do not miss this list …

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

    … or this story of how this all may have come about …

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

  • Lisa September 21, 2011, 1:55 pm

    I would love some information on how to keep my home. They do not want to modify, they want to make the loan bigger by tacking on what you owe then make the payment bigger. How does that help. California resident. I am 3 months behind.

  • Michele September 21, 2011, 2:27 pm

    Hello, My husband was injured at work over a year ago. BofA denied modification due to low income. I am now in foreclosure and I’m wondering why they are taking so long??? I just want this to be over with and just move on with my life. Also, I received papers for a class action suite against BofA and I never filled the paper work out due to so much going on. Does anyone know how I can get involved in this now? It’s been a long journey for my husband and I and they are still playing games with us. Oh and they I called 3 times a week for 6 months asking for the financial packet that they were going to send and never did then they told me due to BofA switching their departments over that’s why I never received my packet. That company is a joke..,

  • about to looseit September 21, 2011, 3:58 pm

    boa that i refinanced with another bank to pay them off and be done with them.they thanked me by charging me 17000 for there lawyers. now my 60000 loan is 77000.i need names who works in that dept at boa.thank you

  • HEATHER SHOCKLEY September 22, 2011, 1:49 pm

    WE WERE IN THE “MAKING HOMES AFFORDABLE”PROGRAM WITH BANK OF AMERICA IN 09 WE STARTED MAKING THE MOD PAYMENTS ON TIME EVERY MONTH. THEN IN DEC OF 2010 I CALLED TO MAKE THE PAYMENT AND WAS INFORMED THAT THEY COULD NO LONGER TAKE PAYMENT ON OUR ACCOUNT BECAUSE IT AS CLOSED AND UNLESS WE COULD PAY BANK OF AMERICA A SUM OF LIKE 11000 DOLLARS OUR HOME WOULD GO INTO FORECLOSURE! I EXPLAINED TO THEM THAT WE WERE IN THE “MAKING HOMES AFFORDABLE” PROGRAM THEY SAID NO YOU HAVE JUST BEEN MAKING PARTIAL PAYMENTS AND YOU NEED TO PAY THE REMAINED OF EACH PARTIAL PAYMENT NOW.I WAS IN SHOCK HOW COULD THIS BS BE TRUE?SO I CALLED EVERYONE WHO I HAD BEEN DEALING WITH TO GET INTO THE “MAKING HOMES AFFORDABLE” PROGRAM AND CONVEINTLY NON OF THEM WORK THERE ANYMORE!!!!!! SO DEC AND JAN WE DIDNT MAKE A PAYMENT THEN I GOT A NUMBER TO A COMP THAT SAID THEY COULD HELP SO THEW THIS COMPANY WE SATRTED DEALING WITH WE PAID THE 4000 DOLLARS AND JOINED A CLASS ACTION SUIT AGAINST B OF A WITH THE OPTION OF KEEPING OUR HOME OR GETTING A FAT SETTLEMENT IN THE END IF WE ENNDED UP HAVING TO MOVE OUT OF OUR HOME. I TOLD THEM WE WANT TO KEEP OUR HOME. NOW IM NOT SO SURE THAT IS GONNA HAPPEN +WE ARE BEING TOLD WE CAN ONLY STAY IN OUR HOME FOR 2 MORE MONTHS AND UNLESS THINGS ARE SETTLED WITH THE B OF A WE WILL HAVE TO MOVE 69+AND I AM ALMOST 100% SURE THIS WILL NOT BE SETTLED IN 2 MONTHS! I THINK IT IS AWFUL WHAT B OF A IS DOING! WE HAVE LIVED IN OUR HOME FOR 9 YEARS AND NOW WE ARE PROBLY GOING TO LOSE IT BECAUSE OF B OF A!!!!!!!!!!!!!!

  • Don September 22, 2011, 5:51 pm

    I have a lawsuit with BA. They have offered me 40000 cash for keys. Back in o9 I put in for a remodafication in Aug and the forclosure date was Sept 1. I was told by BA to put in for the loan remod and it will stop the foreclosure. I went with a company to help with the paper work I submitted the paper work around the 15 of Aug. I was told now we have to wait for the process. The second week in Sept I get a call about cash for keys that my home was foreclose on as of Sept 1. I called BA and they said no your remod is still being processed and my home was not forclosed. I called several more time and got the same answer, until one day I got passed to a supervisor who said my remod was denied on the 31 of Aug. No letter saying I was denied nothing just her saying this and Home Savers did not get a response from them and they were the go between for us. Since the lawsuit BA said I didn’t call or Home Savers didn’t call the right people to stop the forecloser. This was a VA home loan. We go to trial in Oct. the lawyer’s for BA are tring to get the case dismissed. Yes please contact 60 Mins I would be happy to tell my story.

    Don

    • Don S. - Pennsylvania September 23, 2011, 9:46 am

      Don …

      It’s entirely likely 60 Minutes has done all they’re going to do. They did a piece in April, recently re-broadcast, on the foreclosure debacle, and posters on this forum/blog were sending requests well over a year ago. It’s doubtful they’ll dig deeper. We’re lucky we got what we did …

      http://www.cbsnews.com/video/watch/?id=7361572n

      But we forget that CBS and most of the other main stream media outlets are owned by corporations as large and powerful as the banks … who also have only one objective in mind … profit. If it’s not going to get viewers that buy toilet paper and cars to watch, it’s not going to be shown or talked about.

      60 Minutes isn’t in the business of watching over us. They’re in the business of selling advertising … to advertisers … and those advertisers are the big corporations. Commercial TV doesn’t exist without commercials.

      But also … banks are not in business to make sure we have a home. They’re in business to PROFIT from our homes, and if that means booting us into the street to do it, they will in a heartbeat. In fact, they’re so desperate and depraved, they’re booting us to profit FASTER.

      Your misery and loss … which they create … is their gain.

      Sorry … but these are simple truths.

      As far as your lawsuit .. fantastic that you’re holding the bank accountable, just be VERY careful your lawyer knows what they’re doing. I’d suggest you read through this page of posts, particularly one of mine just above this one.

      Fight the Good Fight

  • Jamie C September 22, 2011, 10:08 pm

    How do I get involved in a class action lawsuit against B0A. Our home is MT. We have experienced the same tired story everyone else has. Husband laid off in 2009, repeated attempts to remodify loan, finally a 6 month repayment plan that was supposed to solve things – we sold things and borrowed money to get the inital 3000 to get going – scraped insanely to pay 200 more each month then our original payment to catch up, got to the final month of our plan – April 2011 – I called to confirm final payment amount. Scrapped it up – called in to make the final payment and they denied that a payment plan had ever been entered into!!! ??? Of course I talked to many depts and people – getting no where. Once off the phone, I thought this was just another case of their disorganization, surely after 5 months of faithfully adherance to all their requirements they would accept the last payment. So I mailed it in. I also mailed in an extra $1000 we had recieved from our tax return asking them to apply it to our principal – thinking we were now current. They sent the 1000 back stating they had no way to apply it to our loan. They sent the payment back (in the amount I had been told in early April I needed to send to close our plan out) stating that we were in foreclosure and our foreclosure date was October 10, 2011. They would only accept a payment of nearly 8000. So what are you to do? Years of our attempts to act in good faith met with run around, disorganization, lies, ????? We quit making payments at that point because we had exhausted all our resources. Just this month I received a document in the mail telling us that although foreclosure is imminent we might still qualify for a deed in lieu (they have denied this to us repeatedly) and now they are saying we should be making our normal monthly payment.. Are they joking? This is so far beyond the pale……. I hope they have fun trying to sell our unfinished house, 40 miles away from the nearest work, in a county with 14.9 % unemployment anyway – and buried by beautiful homes in foreclosure – Have fun BoA. I’m done playing your games – just sorry we invested every sent we had into our home for you to steal it away with your deceptive practices. If there is a lawsuit out there that we can join in please let us know.

    • Don S. - Pennsylvania September 23, 2011, 10:22 am

      Jamie …

      Please
      Please
      Please

      … for your own sake …

      … read through this page of posts.

  • vicky September 22, 2011, 11:42 pm

    SOUNDS LIKE WE ARE ALL IN THE SAME BOAT AND BOA IS GOING DOWN WE HAVE FANNIE MAE THEY ARE A SECURED BACKER WENT TO THEM FOR HELP IN JUNE AND THATS A JOKE BUT I FOUND TWO GREAT GUYS NICK AND ANTHONY WHO CONTACTED ME AFTER I WROTE THE LAW FIRM THEY WORK FOR AND TOLD THEM WANT BOA WAS DOING. IT’S CALLED LAW SERVICES OF DAVID GREEN RIGHT IN NEW YORK, YES THERE IS A FEE BUT IT’S VERY REASONABLE AND YOU CAN MAKE PAYMENTS OTHER ATTORNEYS WE TALKED TO WANTED $5,000.00 DAVID GREEN LAW FIRMS IS WAY WAY CHEAPER I HAVE WAITED FOR 3 WEEKS FOR FANNIE MAE TO CALL ME BACK BUT I HAVE TALKED TO NICK AND ANTHONY MORE IN ONE WEEK THEN I DID FOR MONTHS WITH FANNIE MAE AND BOA DON’T WANT COURT THEY JST LOST BILLIONS TO THE INVESTORS AND TWO JUDGES WENT WITH THE HOMEOWNERS NOT BOA AND NOW THEY ARE MAKING THIS A CLASS ACTION LAWSUIT BUT GIVE THESE GUYS A CALL THEY ARE SO NICE THEY WILL EVEN HELP DIRECT YOU TO WERE YOU HAVE TO GO OR WHAT YOU HAVE TO DO PHONE NUMBERS ARE 516-506-0398 OR 516-506-0392 TELL THEM VICKY SENT YOU GOOD LUCK AND DON’T GIVE IN TO BOA

    • Don S. - Pennsylvania September 23, 2011, 10:17 am

      Vicki …

      These are all good words and reasonable suggestions, but there’s a couple of problems … well, let’s call them “glitches.”

      First of all Statutory Law is State-by-State and this law firm is in West Hempstead, New York. That doesn’t do someone in Jersey … or Utah … any good, unless they’re filing in Federal Court, which is doubtful.

      Second, unless it’s what’s called a “Mass Joinder,” the majority of the details of your case that could help you win are LOST, since you have to qualify with specific criteria when you apply to be a member of the class. Mass Joinders hear cases (essentially) individually. CASES ARE WON AND LOST ON THE DETAILS.

      Third … bringing a whole bunch of people into one courtroom under one lawsuit makes it CHEAP AND EASY for the banks to defend themselves and defeat the homeowners. It DOES NOT give you a louder voice. It SILENCES dozens, if not hundreds of voices depending on how many have signed up.

      Fourth … Class action suits likely won’t get you your modification, and in fact, once you become a “litigant” they’ll REFUSE to negotiate with you for one. Lawsuits generally settle contract disputes with … if you win … damages, not “forced behavior” like giving you your modification … and that’s IF YOU WIN AFTER YEARS OF LITIGATION … and there are ways for the bank to take your home in the meantime.

      When you jump in a barrel, you’re easily shot with all the other ducks.

      Now …

      (Please pardon my overuse of caps, but I need to ram this home).

      INDIVIDUAL FILINGS are VERY BAD for the banks since they have to respond to each and every filing with the court. That’s EXPENSIVE and they HATE spending money. Filings are things like a “Motion to Compel” or an “Emergency Injunction” which are mostly case-by-case.

      FILE INDIVIDUALLY … to protect the details of your case AND to ask the court to FORCE the bank to do something they’re not doing or STOP THEM from doing something they shouldn’t.

      As far as your West Hempstead law firm, I’d also be careful …

      A simple Google of the phone number lead me to the ad below. You decide if they’re out to protect you, or merely trying to make a buck no different than the banks …

      ***SALES REPS NEEDED*** (West Hempstead)

      We are a growing and expanding Law Firm looking to hire experienced Sales and Call center associates to continue our growth. Mortgage/Real Estate experience is a plus.
      Warm to Hot Leads will be provided daily. Call center reps will also take inbound sales calls from our massive marketing campaign. Must be comfortable on the phone and not be afraid to make outbound calls.
      Due to our massive direct mail campaigns and our great lead sources we need reps to help us answer calls and build our company up with new accounts!!!
      We only have 2 desks left to fill and we are looking to someone who can start immediately.

      BENEFITS
      *High Income Potential
      *Flexible Schedule
      *Exciting Work Environment
      *Unlimited Growth Potential

      Please fax your resume to 206-350-4793
      or call us to an interview 516-506-0392

  • C.J. Bouse September 23, 2011, 1:27 pm

    Ok after reading thru almost every post and looking at the websites in some of the posts, I put together a “Qualified Written Request” and sent it to Bank of America by certified mail today. Like I said in an earlier post I just want to know who actually owns my loan and who I should be talking to for a modification since I get more sense out of talking to my dog about than I do any representative from Bank of America. The only thing I really need clarification on if anyone knows is…once Bank of America took over my loan that I originally had with Countrywide, are they required to file with the county recorder to be put on my deed of trust as the lienholder? It is still under Countrywide.

    • Don S. - Pennsylvania September 24, 2011, 10:27 am

      C.J. …

      It’s my understanding that the Countrywide corporation and trade name is still viable under BofA, although that, depending on where you’re going with this, should be legally clarified.

      Let me relate some experience with QWRs …

      1. They will immediately decline to provide proof of the existence of your original note, usually sending you an electronically/digitally generated copy of it claiming that’s good enough. It’s not. They have to provide an officer-sworn affidavit on its location and existence. They have to prove the original blue ink note’s existence. But declining is actually a good thing. It digs their hole deeper. If and when you go to court, you can produce documents conflicting with RESPA/TILA law.

      2. If you ask for an accounting breakdown of your mortgage – what and why they’re charging you fees – they will send a record of PAYMENTS, not a breakdown of what those charges are for. This is particularly true for charges tacked on to a modification offer as additional back-end principle. Again, more evidence for court.

      3. In some instances, the QWR will be “lost” and you will get no response, but this is far less likely if you 1 ) send it certified/receipt AND 2 ) copy your communication to the list of recipients I suggest about in the middle of this page (keep filing with these people with EVERY communication).

      4. They will behave as if they are cooperating, while at the same time continue to work behind the scenes to take your home, using whatever means to push a Sheriff’s sale through. This will include passing you from rep to rep or department to department, the classic “loss” of documents, imposing VERY fast deadlines for additional documentation, claim no sale is pending – when it is – and ask for additional documentation (that they should have asked for in the first place) time and time again to trip you up with “deadlines” or delay processing until the sale goes through.

      Keep in mind that all of this is meant to frustrate and confuse you. Also keep in mind that ANY statement from ANY representative remotely resembling “We want to help you keep your home” … even if the rep believes it themselves … is an outright lie.

      ASKING FOR A MODIFICATION THE FIRST PLACE targets you for foreclosure, sale, repossession and profit … and the entire system is DESIGNED to make that happen … and they use shame, “obfuscation,” diversion, frustration, misdirection, platitudes and outright lies to make that happen, training their employees so well that even they don’t know they’re doing it … although many management level know EXACTLY what they’re doing, since they literally have pep-rally type meetings about taking people’s homes. John Wright has a recording of one of these meetings on his PiggyBankBlog.com site.

      It’s the complete OPPOSITE of what people think … that they’re here to help keep a roof over your head.

      Look at the process you’re involved with two ways …

      A ) Forcing them to properly process your modification by putting them under a microscope with agencies, law enforcement and your politicians (also putting those entities in a bright spotlight).

      B ) Gathering documented evidence for that time when you have to file ANYTHING, which may include things like a “Motion to Compel” or “Emergency Injunction,” not just lawsuits.

      Lastly … and this is critical … GO PUBLIC with your situation. Do not hesitate to tell everyone you know every detail of your ordeal AND write or [better yet] call every media outlet you can think of from local papers to major networks. Don’t let the “shame” of financial troubles make you hide in the shadows. THIS IS NOT YOUR FAULT. Banks created this situation, not you.

      Not only do the banks hate publicity, what they’re doing can’t hold up to public scrutiny … AND … the more people that go public, the more the courts have to pay attention.

      Anyway, mainly, the QWR is turning out to be [merely] a tool for gathering evidence against them rather than a tool that whips them into doing the right thing. EVEN COURTS, agencies and representatives aren’t sure exactly what a QWR is. This has to be clarified in KINDERGARTEN language to anyone involved, particularly judges when it reaches that point.

      Hope this helps.

      Fight the Good Fight.

  • Lisa J. September 24, 2011, 8:18 am

    need a lawyers number for class action lawsuit in West Virginia BOA are down right dirty.

    • Don S. - Pennsylvania September 24, 2011, 10:33 am

      Lisa …

      Please, please, please, please, please, please, please, please, please, please, please, please, please …

      Read through this forum.

  • Don S. - Pennsylvania September 26, 2011, 9:09 pm

    This is ANOTHER Hagens-Berman suit against the bank, but on the other side of dealings … mortgage-backed securities … shenanigans, shenanigans …

    http://www.prnewswire.com/news-releases/hagens-berman-advances-investigation-of-bank-of-america-following-lawsuit-filing-130603798.html

  • Don S. - Pennsylvania September 26, 2011, 9:13 pm

    It makes me wonder exactly how practical this process could actually be, and how thorough the reviews would be in any sense of the word, but at least they’re “talking” about it …

    Bank Regulators to Review 4.5 Million Mortgages

    http://www.housingpredictor.com/2011/bank-regulators-review-mortgages.html

  • Don S. - Pennsylvania September 26, 2011, 9:17 pm

    Go Nevada AG Masto! …

    Nevada AG puts Bank of America On Notice Over Foreclosures

    http://www.vegasinc.com/news/2011/sep/19/fighting-good-fight/

  • Eunice September 29, 2011, 1:11 pm

    Bank of America refused to honor a modification although I qualified always loosing my financials and claiming they needed more information. This has been going on since 2008. Please include my information in a class action lawsuit

  • Lisa NJ September 30, 2011, 8:00 am

    BOA keeps telling me that my lender doesn’t do modifications..this is frustrating…I called 2 Senators offices in NJ they told me they will send a letter on my behalf…but it is not a quick process it takes a few months to get a reaponse from the bank,,,,also in all the letters the Senators office sent only 3 have resulted in a modification…..how can it be that they are not even getting any where?

  • Charles Kemker October 1, 2011, 9:16 am

    All I see here is a forum about complaints against BoA, not a way to join in the class action law suit.

    • Don S. - Pennsylvania October 2, 2011, 10:41 am

      Charles …

      I’d have to beg to differ.

      If you’re looking for some sort of idea of how to go about either saving your home or holding the bank accountable or even filing in court, both this page and the previous page are packed with information and suggestions on how to do that … partly through links and partly from information actually in posts.

      I’d strongly suggest you read through the posts above. You may find that you were incorrect in your assumption … particularly in missing several instances where I attempt to explain class action lawsuits versus court filings or “mass joinders,” as well as a link to a list of things that might help your situation along …

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

      You may simply be upset and missed this information.

      I can’t blame you. It’s an emotionally trying time.

  • cathy davison October 1, 2011, 10:20 am

    i has a n injury that took its time to get settled in the mean tine my husband got esophagus cancer when i got my settlement money i talked ro the bank and the said they could wait the 3 days for the payment when i called back and said that was not true and i owed 13600.00 or loose my home what else could i do i paid the money ans we had a very hard tine and still do even though we are the lucky ones you got the modification witch we never heard of till months after we almost lost our home that 13600.00 was to g to doctors friends and others that help us so we could pay them beak i still have ever conversation date and time all jotted down in case we should we ever need them please help us what do or what can we do about the money sincerely Cathy Davidson

  • Jeannie Kemker October 2, 2011, 1:14 am

    How do i get on board with this class action lawsuit, we have been totally deceived & done dirty for 2 yrs now from Bank of america. We are over all there underhanded games that they play, we are now being foreclosed on because they kept losing our paperwork for a loan modification, which we applied for 3 times, also they show that our mortgage has grown $6000 in 8 yrs with not a penny towards the balance. We own more now than when we first got the loan from countrywide 8 yrs ago. Something needs done to these monsters who just take away homes from good honest working people & screw up paperwork purposely to get rid of their middle class customers.

  • beverly pratt October 3, 2011, 3:21 pm

    i suppose to be apart of the suet who i contact

  • Dee Dunston October 3, 2011, 6:03 pm

    How can I join a class action suit against BOA. I have been trying to get a modification for two years, each time, they claim to have never recieved the paperwork that I’ve sent numerous times. My husband was injured on his job and I was hurt in a car accident. They were unwilling to help us modify our situation, even though we supplied countless evidence proving our circumstances. This is just inexcuseable and I’m fed up.

  • MELANIE October 3, 2011, 9:40 pm

    money.msn.com/investment-advice/article.aspx?post=3345e4b5-1703-4f02-99ea-ecde1d580a04&gt1=33036

    Bank of America is beginning the crumble …STOCKS DROP!!

  • MELANIE October 3, 2011, 9:45 pm

    I got a call from a woman in another state telling me that she received a letter from Bank of America (she has been fighting BoA since 2008) She opened it thinking it was for her but all of my information was there…account numbers….payments….private information!!!

  • Don S. - Pennsylvania October 3, 2011, 10:19 pm
  • Melodie B.-Chicago October 3, 2011, 10:58 pm

    To Don S. from Pennsylvania….

    Great advice….Hope everyone here stands up and fights Bank of America. And I still believe what goes around comes around!!!!! THANK YOU!!!

  • TED MOODY October 4, 2011, 2:47 pm

    I WAS IN THE END OF A MODIFICATION AGREEMENT WITH WILSHIRE, THEY SOLD MY LOAN TO BOFA AND THE BOFA GANGSTERS WENT INTO ACTION! THEY NEGATED MY CONTRACT SENT BACK MY MODIFICATION CONTRACTUAL PAYMENT AND ACCELERATED MY LOAN FOR FORECLOSURE .THE HELL WITH HOMEOWNERS THE GANGSTERS ARE LITERALLY TAKING OVER AMERICA!

  • Don S. - Pennsylvania October 5, 2011, 2:28 am

    Carbon copy (CC) all your bank correspondence and file complaints with the following:

    Michael J. Powers, Ombudsman
    Federal Housing Finance Agency
    1625 Eye Street, NW
    Washington, DC 20006-4001

    Federal Housing Finance Agency
    1700 G Street, NW
    4th Floor
    Washington, DC 20552

    Jon T. Rymer, Inspector General FDIC
    Room VS-E-9070
    Virginia Square, L. William Seidman Center
    3501 Fairfax Drive
    Arlington, VA  22226

    U.S. Department of Justice
    Glenn A. Fine, Inspector General
    950 Pennsylvania Avenue, NW
    Washington, DC 20530-0001

    Fannie Mae
    Mortgage Fraud Program
    3900 Wisconsin Avenue, N.W.
    Washington, D.C. 20016

    Larry L. Hattix, Ombudsman
    Comptroller of the Currency (OCC)
    Office of the Ombudsman
    250 E. Street, SW, MS 9-3
    Washington, DC  20219

    Comptroller of the Currency (OCC)
    Administrator of National Banks
    250 E St SW
    Washington, DC 20219

    Office of RESPA and Interstate Land Sales
    Room 9146
    Department of Housing and Urban Development
    451 7th Street SW
    Washington, DC 20410

    Federal Trade Commission
    600 Pennsylvania Avenue NW
    Washington, DC. 20580

    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 — but WRITTEN PAPER CORRESPONDENCE has greater impact.

    • Don S. - Pennsylvania October 7, 2011, 12:38 am

      Add to your list —

      U.S. Department of Housing and Urban Development
      Attn: Fraud, Waste and Mismanagement
      451 7th Street S.W.
      Washington, DC 20410

  • Don S. - Pennsylvania October 7, 2011, 12:35 am

    I’m neither a Democrat (or Republican) or a Biden fan, but these words are true … and they only scratch the surface …

    “At a minimum, they are incredibly tone deaf. At a minimum. At a maximum, they are not paying their fair share of the bargain here. And middle-class people are getting killed.”

    http://www.latimes.com/news/politics/la-pn-biden-wallstreet-20111006,0,5736202.story

    And for those of you who are curious … if I was to be called anything, it would be a “Constitutionalist.”

  • sandy hahn October 7, 2011, 6:50 pm

    I think Bank Of America is frauding their customers and the Making Homes Affordable Program was the biggest mistake the President and the government could have put in place. September of 2010 I applied for a home modification loan, I was not in danger of loosing my home at that time but was struggling every month to make all my monthly payments of all my monthly bills due to the fact I lost my job in Feb. 2010 and didn’t get another one until August 2010. Which I am not making the same amount of money as my pervious job. In may of 2011 I finally got an answer on the modifcation and didn’t like what I saw. The note had went up not down one set of papers showed 907.00 a month for the first 3 payments and and about three days later I got more papers showing the first three payments at 1201.00, 2100.00 and the third one at 3200.00. I called them to tell them I was not interested in the modification and what did I have do to not accept it. I was told to write a letter to opt out of the program and I did that in May the same month I received the paper work on the modification. I had to fax it at least 6 times before someone at BAC told me they had it I was also informed to continue paying my 824.32 a month note which I did. Now they are telling me that is a partial payment because as of September 1,2011 my note increased to 1201.00 because of a new law stating the Home insurance has to be incorporated into the loan. So after never missing a payment or accually being late with my payments for the last 11 years they are saying I am two months behind and are starting forclosure on my home November 2 2011. I am in the process of ttying to find an attorney to take my case I and my husband are not going down without a fight. My husband is a veteran of the United States Army who served his country and now he is medically disabled and cannot work he drove eighteen wheelers for 28 years and he can’t even get help from the Government to keep his home and beable to leave a comfortable life. Wasn’t it bad enough the government took away the little 50.00 pay raise for scoial security that he used to get and has not gotten that in almost 3 years. The prices to live keep going up but the pay scales are staying down how are people to live like this. I am not in the best of health my self but go to work everyday I m scheduled to work. Someone out there needs to help the people . I wish now I would of never applied for the modification and left things as they where because now I fixing to loose my family home that has been in my family for the last 45 years I starting buying it from my father after he was diagnosed with cancer thank god he is not here to see this crazy, inhumaine thing that BAC is doing now. I need some legal help ASAP if anyone can help me please contact me at smphahn@yahoo.com

  • Lisa October 7, 2011, 6:53 pm

    Bank of America is a rip off. I have made payment arrangements, paid they off, and every month they tell me I own over 300 more then I owe. They have never ever straightened out my loan since I have come from Countrywide to Bank of America. It has been nothing but a nightmare and I so wish they didnt screw my credit up so bad I cant even refinance and they admitted they have given me 30 day lates and it was their mistake but will do nothing to take the mistake of my credit report nor will they straighten out my mortgage. I have paid over what I am supposed to to them for so long Im devasted anymore. Ready to sell my house and rent because it has to be cheaper. My payment is supposed to be 638 and they bill me 921 or more each month. Hours of fighting with them. Only to think they fixed it for it to happen again the next month. Yet they mail me back checks of 238 back then 23 back ..they cant get me straight I need a lawyer!! I want to sue them!

  • Kathryn October 7, 2011, 7:31 pm

    More evidence of the lunatics at work…. I just received a letter from Bank of America with a check attached to it for $317.18 cents. They said I only made a partial payment back in March for that amount and they are returning it to me , but I have my money order receipts for making the entire payment Plus late fee totaling $901.79. I have a feeling they are trying to pull another fast one by taking part of the amount that I paid and applying it to the property taxes (escrow) to cover the amount of the taxes for the time since then that I discontinued making payments. Can’t they just be like normal people and be honest about what they do??????? I guess that’s a dumb question…… I am becoming more cynical by the day……….

  • MELANIE October 8, 2011, 4:49 pm

    Bank of America sued!
    They took her house, her belongings and her pet with force.
    They changed her locks and cut off all utilities.
    Pittsburgh Pa: house vandalized stolen by Bank of America!!
    She never missed or was late with a payment.
    BoA returned her furniture and agreed to pay her for they damage they caused her property and AFTER A WEEK told her where she could find her pet.
    youtube.com/watch?v=lDO2HxFz4t0&feature=player_embedded

  • Jamie October 10, 2011, 8:04 am

    I have been going through a similar situation. I have been fighting with Bank of America for 2 years not trying to get a making home affordable loan. The very first one they offered me was way high and my mom had lost her job so we called to have it cancelled. Of course we had to cancel it like 5 times. Then they sent me paperwork for another making home affordable modification that was good for us. We sent the 3 payments it requested but then we were told that it was denied because we didnt fulfill the requirements of the first one which was supposed to be cancelled but never was. After that we have receieved application after application and have got no where. We always fill out the application and send all the paperwork but we are always denied. Then about a week later, they send us another application that is exactly the same as the last one. They are a horrible company and I have pretty much given up. I dont think they want to help people. They were getting all that money to help people and I have not seen them do anything to help me. I have talked to everyone I can think of. I even wrote the CEO of the company and they assigned me to a worker who was supposed to help me which of course didn’t. Wish everyone the best of luck with them.

  • Kathryn October 10, 2011, 10:23 am

    Jamie, stop filling out all those applications. Did you know that the gov’t. gives them an incentive and pays them for every application that’s filled out? That’s why they keep wanting you to fill out another and another….
    They also want to frustrate you to no end, so that you will give up. Please read the blogs on this entire column from Don S. Pennsylvania and Isabel (Florida), they have very valuable info. to help you take the right steps. Go to U tube also and watch the many videos that have good info for fighting foreclosure. Do a search for “videos against Bank of America”

  • MELANIE October 10, 2011, 2:12 pm

    Introduction to the Mortgage Servicing Fraud Scam.

    Valuable information

    http://www.msfraud.org/howtheysteal.html

  • MELANIE October 10, 2011, 2:13 pm
  • MELANIE October 11, 2011, 10:23 am

    in Boston People of all ages are fighting Bank of America.

    takebackboston.org/

    youtube.com/watch?feature=player_embedded&v=oDCNFJByXbA

  • MELANIE October 11, 2011, 10:24 am

    In Boston…People of all ages are fighting Bank of America

    takebackboston.org/

    youtube.com/watch?v=5nmKcSDOkpk

  • MELANIE October 11, 2011, 10:31 am

    Middle and lower class family visit the President of Bank of America

    youtube.com/watch?feature=player_detailpage&v=bDLJqQ6acnI

  • MELANIE October 11, 2011, 10:35 am

    Neighbors are taking the trash left at properties taken over by Bank of America and dumping it at Bank of America’s offices.
    youtube.com/watch?v=1n3zUN4xWvs&feature=player_embedded

  • MELANIE October 11, 2011, 10:37 am

    Bank of America Bad for America.

    Muffins deliverer to Robert Gallery’s office .

    youtube.com/watch?v=UkBWyWRxJCc&feature=player_embedded

  • sam October 11, 2011, 11:49 pm

    I would like to join the lawsuit, if you have a phone number I can call please email me.

    Thank You,
    Sam

  • Michele October 12, 2011, 1:13 am

    Obama, First Lady Michelle Obama, KGW, Straight Talk, and anyone who will listen:

    Mr Obama you campaigned with slogans about “hope” and “change”

    The following is my families story, sadly it’s familiar with all too many people’s stories and the hard times American citizens are facing. This is our story of having hope and losing it, of changing careers, and losing careers. Of having a dream, adjusting that dream and being fearful of losing what you’ve worked hard to reach that dream.

    I offer some of my own opinions, suggestions, and in closing questions.

    I am one of the “tsunami” of citizens that Oregon senator Jeff Merkly mentioned on tonight’s “straight talk” on KGW channel 8.

    My husband and I have four children, since the birth of our third child, I have been a stay at home mom. My husband has been a mechanic for nearly Fourteen years. In order for me to stay home we have ran a tight ship, budgeting, coupon clipping,paying our bills and being proud of our little self sufficient family. We were proud to be first time home buyers who had never missed a payment for the first six years in our little three bedroom, eleven hundred square foot home, life was good.

    We had a few bumps in the road for instance in 2006 my husband lost his job as a mechanic with longtime employer Les Schwab. No problem he switched gears and career focus, took a few college courses and became an agricultural mechanic with Fisher Farm And Lawn a John Deere tractor dealer. Happy to obtain and still pursue a career in the mechanical field.

    Our next bump in the road was I had to have brain surgery, to correct a Chiari I malformation, I recovered well and our l
    Family was thankful and once again back on track.

    Summer 2009 the economy started to downturn, my husbands employer saw a drastic drop in sales and we were put on a “workshare program” which meant a drop in hours and income. By summer 2010 with little improvement, my husbands employer increased our healthcare premiums from 190.00 to nearly 600.00! This was not feasable on our already strained budget. We had to choose between healthcare or a home, we chose our home.

    In august 2010 with our youngest about to start school fulltime, i was lucky to aquire a job as a “cookie packer” with Smith cooki co. , a division of Franz. This would offer us a little, but much needed extra income, but more importantly affordable healthcare after a 90 day probationary period.

    Three weeks after I started my new job in September 2010 I was diagnosed with breast cancer, WITHOUT healthcare insurance. I had mammograms, biopsies, lumpectomy, and developed post operative pneumonia. I didn’t miss any work though all of it, knowing especially NOW that i desperately NEEDED healthcare coverage.

    Catastrophe on top of calamity struck and in November 2010. Still with no improvement in sales my husband lost his job as a mechanic. I called Bank of America, concerned that for the first time I might have a hard time making our payments. I was told we qualified for the “Obama making homes affordable program”, that we qualified due to change in income AND because of my health problems and NOT to make my payments while my loan was going thru modification. December 5, 2010 I was laid off. I called repeatedly and three months later BofA told me I didn’t qualify. In April 2011 I required a hysterectomy, and in May had pulmonary embolisms, I am on a regimen of blood thinners for six months. I am thankful to say that for the most part I feel pretty good healthwise.

    I have called senator Merkley’s office, and have been working with the housing authority since December of 2010. The housing authority says BofA is the WORST they have reapplied SEVERAL times and BofA always comes up with another reason why we dont qualify, seemingly everytime they are contradicting what they last told us.

    My husband and I are a hardworking couple, highschool sweethearts in fact who bought into the idea of achieving the “American Dream”. My husband is native Alaskan, the first of his four siblings to graduate highschool, get married, attend college, have children, buy a home, and have a long term career. All of that took a long time to achieve and in little more than a years time it feels like it is all being taken away. My husband remains unable to find gainful employment and is devastated and heartbroken to not be able to provide for his family.

    We are frustrated,
    we are worried,
    we are tired,
    we NEED our government to get to work to fix major problems.

    I get so frustrated with the unimportant achievements in Washington. There are BIGGER problems on our plates than the size of our happy meal fries Mrs.Obama. I can not commend or applaud your getting McDonalds to change the size of it’s happy meal fries as part of your “healthy kids initiative”(if you want to see healthy kids make sure their parents can find gainful employment, affordable healthcare, and retain their homes!)

    You are the president and first lady of the greatest nation in the world, that is in the biggest crisis of it’s history. We are a democratic society, so choose something the government is in office to do, and can do. Helping bail out the banks did not benefit it’s Citizens, we are proof of that, we continue to be hurting yet the banks or the government offer no real solution OR help.

    Please don’t get involved in PRIVATE business and act like your helping the PUBLIC citizens. And that’s no “small fries”, it’s SOCIALISTistic and it’s government using our tax dollars and their elected offices for it’s OWN agendas and not the Peoples greater good.

    If the nutrition of Americas kids is truly close to your heart Mrs. Obama write a bill, put it for vote, impact a government funded program like food assistance/stamps don’t allow non nutritional foods like soda, candy, low nutritional value processed frozen/boxed meals,(foods that wouldn’t be in the budget if it was their own money). The non essentials would’t be being purchased on government funded food assistance programs, and we could educate and empower those same people with truly helpful coupon/nutrition/cooking/gardening/canning classes.

    Our government has this nasty habit of cutting it’s people’s hands off and THEN offering it’s handouts, and the handouts never truly accomplish their purposes, SELF SUFFICIENCY…. for it’s people, it’s businesses, and it’s government.

    Mr. President and First Lady Michele what can you do? Aside from change the size of my fries??

    My story is not so different from millions of others who are about to lose their homes. I thought the “obamas making homes affordable program” was for Struggling American families like mine?

    If we don’t qualify, who does?
    Did big banks just take billions of taxpayer dollars and run?
    Who benefited from that?
    Are they losing their homes?

    I am losing HOPE, and worried things wont CHANGE……

    Sincerely,

    Michele Johnson
    503-437-3723
    Djnmjohnson@gmail.com

    • Don S. - Pennsylvania October 12, 2011, 10:02 am

      Michelle …

      It’s actually worse than socialism, it’s fascism …

      “The liberty of a democracy is not safe if the people tolerate the growth of private power to a point where it comes stronger than their democratic state itself. That, in its essence, is fascism – ownership of government by an individual, by a group …”
      — Franklin D. Roosevelt (1938)

      Your letter is well written and heart-felt, but I can assure you with every confidence that it won’t be read or responded to by anyone at the White House with anything more than a form letter. It will simply become another statistic.

      Both corporate entities and government have gotten used to people bitching, but not actually doing much. They move their agendas forward anyway.

      An example of “doing something” would be INDIVIDUALLY filing against them in court, by the tens of thousands, with Emergency Injunctions or Motions to Compel and other “filings,” which are not lawsuits. “Filings” make them send their lawyers to court over each and every one despite how many filings there might be … perhaps tens of thousands.

      Banks and corporations don’t respond to “talk.” They only respond to AUTHORITY, which is the courts, law enforcement, regulatory agencies and oversight politicians.

      A homeowner to these people is simply a RESOURCE to be exploited, and all our complaining (to the bank) is utterly ignored.

      See my list above … AND … FILE in court … not sue … to ask that court to stop your foreclosure (Emergency Injunction) and/or ask the court for time to build your case … and/or … ask the court to FORCE the bank to behave ethically according to Statutory Law and do its duty (Motion to Compel) … to stop them from doing something they shouldn’t, or do something they should be doing.

      Avoid being lumped into ONE voice and let tens of thousands of voices be heard … IN COURT … one at a time.

      That’s an expense and trouble corporations and banks absolutely hate.

  • MELANIE October 13, 2011, 2:26 pm

    US Senator Dick Durbin Tells Americans to Boycott the Bank of America for Ripping Off Customers

    blog.buzzflash.com/node/13057

  • Don S. - Pennsylvania October 14, 2011, 12:49 pm

    Move Your Money …

    youtube.com/watch?v=vIgwraNRb-0

  • Don S. - Pennsylvania October 15, 2011, 1:13 pm
  • Isabel S - Florida October 17, 2011, 11:04 am

    Check this out!!! Texas Republican Candidate for U.S. Senate & Failed Banker Tom Leppert, Launches Website Called “End Occupy” and Blamed Young Americans for Economic Meltdown. This scumbag needs to be boycotted by the 99%: http://www.rawstory.com/rs/2011/10/17/failed-banker-turned-senate-candidate-funds-end-the-occupation-website/

  • Isabel S - Florida October 17, 2011, 11:10 am

    “Eight Bank of America borrowers – including two from Massachusetts – have filed a lawsuit against the nation’s largest bank, alleging it violated loan modification contracts, wrongly attempted to collect money from them, damaged their credit, and initiated wrongful foreclosure actions. They expect others to join the suit and are seeking class-action status”. http://www.mfi-miami.com/2011/10/abuses-alleged-in-retooled-loans-done-by-bofa/

  • ISABEL SOSA October 18, 2011, 3:38 pm

    I to am having a lot of problem with BOA. I have filled out 4 modifaction apps in the past year, I cross the t’s and dotted the I’s. I’ve gotten shafted by them ” they said they never recieved my paperwork, They did not receive all the information they were requestin. The paper work has expired.. No one in BOA bother to inform me that I was missing paper wrk or that they needed more informaiton. When I would call to cheek the status of my application. They would tell me, We have been trying to contact you about your application but all your phone numbers are not up to date. Which that was a lie… I have my fax confermations from walmart and H.E.B where I would go and fax them their update information sheet with my new cell & home number and with my email address. And still they couldnt get a hold of me. I’m still trying to get my home modication loan. If any of you all have a lawyer that has taken on Bank of America in the San Antonio, Tx area you can count me in… The more poeple we get together the faster the process to get our modification on our homes… just email me at isosa33@gmail.com

  • Kathryn October 18, 2011, 5:29 pm

    Isabel Sosa, and anyone else who is still thinking that the modification process is going to get you anywhere with your problem. Stop complying with the mod. process!!! It has proved to be a sham for thousands and thousands…. It is only a delay to move you toward foreclosure. Your only chance to fight against the servicer who claims to own the note to your mortgage and wants to foreclose on you is to file your own lawsuit against them!!!! With the partial money you have from not making the mortgage paym’t because they won’t accept partial paym’ts , you can use that to hire a lawyer to help you file a lawsuit against the servicer, unless you can study enough and learn how to file on your own….I’m told that the courts respect a case more when it has a lawyer attentive to it .

    Also, if you can still catch MSNBC this evening, there are some great reports concerning all of this. The show before Chris Matthews, they had the attorney general of Mass. on and he is part of the investigation they are doing with the banks on the servicing practices and the mod. processes. Finally!!!!! it’s finally getting into the national news and
    and being exposed what has been which I suspected all along….I have been wondering why none of this had been hitting the national news for awhile.
    Also, be sure to catch the comment that was made by Mitt Romney about how they should push the foreclosures to happen faster so they can get this housing crisis to clear up quicker…

  • M Westerback October 19, 2011, 11:46 am

    I see I am not alone, not the only victim to fraud, deceit, misinformation and blatant lies doled out by Bank of America. The only help you will receive is them helping themselves, and helping you to put a financial noose firmly in place around your neck. I am a divorced father of 2 and suffered a major financial blow caused by my marital situation which was out of my control and fought a custody battle all the while trying to salvage my finances and keep up with debts while put out of my home by my now ex wife. I explained to B of A over and over again what was happening and requesting a modification to help me pay them, while my ex stayed in the home ( with court permission ) not paying. It took over 9 months all the while calling 2 times a week to check on the status of my modification, which none of the customer service people seemed to know about. I retold my story countless times over the phone, faxed reams of information; paystubs, letters of hardship, tax statements etc. A wast of time all of it dancing to their forclosure durge. Ultimately, after the 9 months of smoke and mirrors, 35 lbs of weight loss due to stress, chest pain and 1 full size bottle of Tums per week I got my rediculous modification – no adjustment in interest rate, 30 years to 40 years on the term of the loan and the amount they reduced the payment by was eaten up by increased property taxes and escro funds. No debate, no choice, no hope. Then after agreeing to this scam at gunpoint, they promptly posted 9 months late payments and decimated my credit rating assuring that I would be stuck with them as my creditor for a good long time with no options. This after they promised to refinance me after 1 year of good payments!! I advise everyone who has Bank of America as their mortgage holder to run as fast as you can to get away from these people, they care not about you, only what they can take from you, and then auction your house away anyway.

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