Homeowners File Class Action Lawsuit Against Bank Of America For Allegedly Failing To Modify Troubled Mortgages
A class action lawsuit was filed against Bank of America in U.S. District Court, Western District of Washington (Seattle), No. 10-00488, on behalf of homeowners alleging that Bank of America reneged on a promise to modify troubled mortgages as a condition to accepting twenty five billion dollars of federal bailout money, according to a class action news report at news.yahoo.com/s/nm/20100323/us_nm/us_bankofamerica_mortgage_lawsuit.
The Bank of America class action lawsuit reportedly alleges that Bank of America agreed to take part in the U.S. Treasury Department’s $75 billion Home Affordable Modification Program (HAMP) since it accepted bailout funds from the Troubled Asset Relief Program (TARP), but allegedly had an incentive not to modify loans because doing so might cause it to repurchase more loans, collect lower servicing fees, or assess lower default charges because fewer payments would be deemed late.
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BofA and Wells Fargo must be sharing the same scams together to help one another profit off their deceit,fraudulent and misguiding ways.But OUR Goverment will Bail them out behind closed doors and cover it up for sometime,but it will come out soon.And then there will be snakes in Politcians showing their tongues and spraying out mist to try to cover up their lies of Treason cause they have accounts in overseas Banks.Cover ups with pay offs,the Devils Greed Game.
I have had every lie thrown at me that you can possibly make up from Bank of America. I went even as far as the Presidents office because I wrote to the Attorney General. The gave me special attention while the Attorney General Investigated, but as soon as they finished they foreclosed on me so fast my head was spinning!!! Obama should have given the money to the people to help deal with the housing mess, but gave it to the banks instead and made them more powerful, and didn’t care who we were. They refused to take anything off the fair market value, and insisted we still pay on a loan of 162,000, while the nest door condos were selling from 40,000 to 70,000. The modification they offered me was about 62.00 dollars less per month. They said to stop paying my credit cards first, then I must be late at least 3 months before they could help me. I had perfect credit at the time. I followed their advice and stopped paying credit cards, they was late on house for 3 months. After that the nightmares began. I must have filled out loan mod. docs. at least 15 times. I told them I was a Realtor and I know what they were thinking, keep adding up lated fees, missed payments etc. so they could show they took a great loss. To top it off, the government paid them back approx. 85% and they still got to sell the house out of court so they didn’t have any court fees. I am still going through this with my other house. I couldn’t short sell it, so I decided to do a Deed in lieu, and all they do now is send me loan mod. papers at least once a week. They are so corrupt it stinks. Need some help here, and hope to hear from someone please!
thank you,
Gary
Thank you for this post, you have told it just they way this so called bank is doing people. I am going through the same deal as you. This so called bank keeps throughing more fees to me so i cant pay. i told them make me an offer is they want my home that bad. These people are crooks. I have wrote to Senitor Sterns and to FL States Atty again because of this bank. I am looking for a class action suit to be a part of, please post the info if anyone has it.
thank you,
K
If there is a suite for the Short Sale programs, then sign me up because this is ridiculous….. I have a similar situation too… I have tried to sell my condominium for two and a half years going on three, doing a short sale HAFA. I have lost 12 buyers because of B of A, losing my documents no one working on the short sale and being kicked out of the system. Every time I called in to check on the status. The person who answered the phone for not doing a Modification attacked me. I tried to do a modification and I told by B of A that I do not qualify for it and that I should sell the place. So, I did a Short sale HAFA. Therefore, now here it is going on three years, the HOA is foreclosing and B of A is still messing around with short sale. My Realtor is a saint for sticking around and doing all of the paperwork repeatedly, he sends them into B of A on a daily biases and calls. He says right now it is the principal of the matter for him and that we are trying to do a HAFA. I keep getting the paper work for a modification. We have even gone up to the president’s office of B of A and you know what… LOL they sent my paper work to the modification department to do a modification again. I have since been told that my loan is now been in underwriting for three weeks, just told yesterday that it was sent back to review again ! I am a single parent and I cannot tell you the stress this has caused me and my health. I know that where I work if I had any mistake I will be fired after three times, but this is ridiculous how B of A treats it clients and customers for which I have been for over 30 years and once this is finished I am gone from B of A accounts and all.
Dear Judi,
We got behind on our loan with Wilshire Credit Corporation from 2007-June 2008,we moved out of our Beach House and rent to get the money we owed and paid them$16,000 in July 2009. We were put on a forebearce Agreement @ 8. 1/2 percent, and we had been paying 10% interest and our payment were at $1,485 a month, and chAnged to the 8 1/2 @ $1,38. We were told they would set us up on a another loan /Loan Modification. Well, after the 6 months waiting to see if we were able to make the payments, I called in. I was told to keep making the payments and there was going to ba a NEW Grovernment Hope Program in September 2009. I called in to make the 11th.Payment, and Wilshire Credit refused my payment ! The wanted me to filll out the Government Hope Program, I said that’s fine, but take my payment, And they REFUSED IT! About a month later, I received a letter thanking me for filling the paper work out and would get back. They got back alright, they called said I was Refused it and I was in Foreclosure and to get someone else fin. Our home! They said I had not made a payment since Dec.2008. I had a friend that was An crimminal attorney and faxed them my bank statements and the next thing I get in the mail from Bank Of America, that they bought our loan, and by the time they added high insurance for wind, hail and I paid the fire and thief, our house payments were $1,900 a month. Well, they refused my payments, but when BOA took the loan I made 1 payment, and they to said I have not paid since 2008. So I have not paid any more payments since May 2009. I will not pay a house payment again until they verify I had made them and the $16,000 in July 2008. I called BOA, but I had never heard from any Certifys I had sent them, they would Never replied! After the call I made, they sent out forms for us to fill out for The Government Hope Program, they same thing we had already been denied for with Wilshire Credit Corp. I bet I have gotten 10 ore more Forms delivered by FEDEX. I had talked to 5 different people at BOF about my loan, and I should have NEVER Called then, then I would not have gotten anything! I think they lost our paper work! My husband had just gotten out of the hosptial May 2009 for Colon Cancer and he almost died. I made the $16,000, and 11 payments of $1,485, and like I said, in July 2009, Wilshire Refused our house payments, and I head that the banks would receive $6,000 and up when a home owner filled those out, I guess that is why I got around 10 by FedEx!
Still waiting on them to reply to my Certified leters! I talked with another attorney, and he said to fill out the form, and if I was denied, we would take them to court! For the past 4 years we have been through HELL! God has truley been beside us! But I also had skin Cancer, and I have not been out in the sun for 3 years. I read on the internet when you are under stress, your amune system. gets down and we all have the cells to have Cancer, but Stress can cause Cancer! It’s a shame that we have to go through this mess, I pray that God will keep giving us all strengh, they know that when you are broke and your nerves are shot, that you will give up. We need an attorney with a back bone! Thanks and God Bless, Sharon
Hi Sharon,
God Bless you and your husband for keeping up with this… I for one wish I had your strength to do so for four years. We do need an Attorney with a back bone and a government too!!! I do believe that your system is compromised when you are under this much stress.
Those of us who are in a difficult situation we try to stay a head of the game and be responsible and try to take action to resolve our issues but we are not able to do so because two many hands are involved in our files and we are taken advantage of from peoples who do not know what is going on or who is in charge of your case.
I just found out this morning, that the person who was handling my Short Sale is no longer there, and they have changed my locks on may house because I apparently abandon it and now it has to be appraised again and papers have to be redone again…. HA HA!!!
I had to moved out do to having surgery and I needed assistance and if I was to move after surgery, I could not do so. And I was under the impression that we here going to sign papers by the 25 ( what a joke) since all of the papers have to be refiled again according to today s e-mails. I am going to tell them that the HOA can foreclose on the house and let them deal with B of A I can’t stomach this any longer. They just make me sick that they do this to people who honestly try to do the right thing and take responsibly for there action and they wounder why people are mad at them.
Good Luck to you both,
Judi
Dear Judi,
NO, DO NOT TELL THEM TO FORECLOSE ON YOUR HOME! GO BACK AND LIVE IN YOUR HOME! That is what they are wanting you to do, Stand your ground!
You should have never left it! Did they put you out of your home? Use your income to pay an Attorney and not them, Cut the locks off your doors unless you have a Court Order! Do not contact them, by phone, mail, etc., Because that is what they want you to move out, cause once you do, you have abandon your home. DON’T GIVE IN!
I received a email from Wilshire that said that BOA had purchased our home loan, but before BOA, Like I said, We paid Wilshire $16,000, made the 11th payments of $1,385.,and when I called Wilshire to make my 12th. payment in July 2009 they REFUSED MY HOUSE PAYMENT! Well, Now listen to this, I have sent at least 3 certified letters and to this date, they have never replied to any of them. Now Wilshire claimed they sold my loan to BOA, but in Oct 2011, I received an Email that Wilshire has aproved my loan Modification….Wow! How can Wilshire come up with us a loan after turning it over (SOLD) to BOA?
I also received a short sale letter that gave us 3 or 4 chooses, and I had to today to except or else!
Well, I will take the choose that I will make and that is to suie WHOM ever gets in my way! I think they have NO Clue who Owns or home loan. Who in the world turns down house payments that they have been getting on time, plus the $16,000 to get caught up. Like I said, I filled out the Government Hope Program and I was denied. I was told over the phone by Whishire that I could not make the payments because I didn’t make enough money coming in. I told them they were getting their payments, so why are you refussing my payments? BOA is also claiming that I have not made a payment since Dec.2008 ! I will get back later, keep praying, because you have to believe that Our God is in control. I have on my house ( GOD’S WILL)! Have you ever heard The Isaac’s sing? Go on utube, and type in..The Isaac’s “Sweet Holy Spirit” and “Be Still and let God Move” listen.
God Bless,
Sharon
I have the same problem with BOA as most homeowners. I tried a loan modification, I was denied. Tried a HAFA, was denied. Had a short sale contract for 4 months, lost the buyer bacause BOA would not respond to me or my realtor. The only thing BOA will respond to is foreclosure. Thats what they are going to do now. They would rather foreclose than do a short sale, doesn”t make sense to me. I call them every week, but no one knows anything.
Ask them to prove to you that you owe THEM the money….If you ask them to “Produce the Note” and they cannot they can’t foreclose.
Read through all of the comments on this site for help…..and get an attorney.
Hi All,
I just paid over the holidays to have my house re keyed so that we can get the BOA Appraiser in so that they could do the appraisal… I called the number for the department that dose the re keying and they said that they re keyed the house back to original key ..foewitch they did not . My realitor had been trying to get them out there to do the appraisal …, no such luck so far.. so on 12- 26 my condo goes up on the block.. you are right they do not want to do a short sale or any modifications or HAFA…. so I will have to live in my car since I cannot afford housing…. Oh well so much for being a descent person who tries to do the right thing…, Thanks for you support and advised. Good luck to you all. And try to have a Merry Christmas and hopefully next year will be a great year for us all.
Melanie, please provide me the site you reffered to. I talked to an attorney and he said about the same as you did, “Show me the NOTE” he said this bank cant because as the time of closing they distroyed all ORIGINAL PAPERS. so they have nothing to prove. He also stated that this so called bank wants people to sign modifications so they have that orginal signature you the consumer. They are crooks and trying to take peoples home. I believe in carma, they have it coming.
As far as that so called CEO president office, that a bunch of crap……
I am looking for a class action law suit againist bank of america, somone please provide it if you have any info.
thanks
youtube.com/watch?v=8aoG8AbyXWs&feature=related
K …
A couple of things about your post.
First, your “they have nothing to prove” statement worries me.
This is a CRITICAL area of “Show me the Note” so I thought I’d better clarify. If either the bank or MERS destroyed the original note (likely MERS), it’s not that they “no longer” have anything to prove, it’s that they no longer HAVE PROOF that there is a contract in place.
There’s a HUGE difference.
Having the actual original piece[s] of paper that you signed is a “basic tenet” (foundation) of contract law >> No Paper – No Contract … HOWEVER … only a few courts peppered across the country are starting to question whether banks still have the originals, so it’s very difficult to prove, or convince a court, that the bank doesn’t have it.
ALSO …
People are caving in over the “produce the note” demand when the bank shows or sends an electronic/digital printed copy of the note.
THAT IS NOT THE NOTE.
That is a copy, and a copy is NOT the original.
They must either actually SHOW the original note to a judge (if you and the judge so demand) … OR … an officer of the company must provide a personal affidavit (sworn statement) that they personally know where the original document is stored … and that statement makes the officer of the company personally liable for perjury if they don’t know it for a fact.
NO BANK wants to do either of those things and they are doing everything possible to avoid it … including LIE.
NO BANK wants to open that Pandora’s Box … but the truth of the matter is that courts, politicians, regulatory agencies and even law enforcement doesn’t want to either.
So don’t be fooled with either a digital copy or other false statements about how this works … WE, as homeowners, are going to have to FORCE the system to do the right thing and reveal the legality of these foreclosures by forcing the note issue into the bright light of day.
Lastly … please also don’t be corralled into the false perception that a class action law suit will get you everything you want. There are MANY things you can use the courts for and ask courts to do that are NOT lawsuits, such as a “Motion to Compel” or an “Emergency Injunction.”.
Please read through this and the previous page or two (click on “Previous Comments” in light blue at the top or bottom of this page) for several instances where I comment on that …
… but also see my list below.
Best of luck and Fight the Good Fight
>>> NEWCOMERS <<<
Please click on "Previous Comments" in light blue at the top or bottom of this column for information that may be helpful to saving your home.
Several other homeowners, including myself, have done a tremendous amount of research on how you might defend yourselves.
For your own sake, please READ BACK over these posts to educate yourself about this horrible situation and learn how to defend yourselves.
More” false” hope!!! It’s in the news heavy today, Obama went to Arizona today to launch his new mortgage help program. However, it’s only going to help people who are completely current on their paym’ts which excludes millions and millions of us who fell behind by force and not of our own will. They’re portraying it as if it’s only the people who are current on mortgages deserving of this help. So, a tiny little band aid for this giant problem to merely beef up his campaign and a few lucky ones.
( God bless them that they can get it..) But the millions and millions of the rest of us, well, I guess we’ll just keep studying for each move of litigation that we’ll need to take a step at a time……
So we have our loan with Bank of America tried to sell our house 4 years ago could not sell it because the taxes went to 16,000.and people were still buying home so started at 685,000 and then to 675 then to 625 then to 600 then got a different realtor then we tried to modify cant do that if your selling took off market tried 4 times to modify lost papers wouldnt get back to us then we tried short selling the house had the buyers the bank sold our loan to a private invester that would not sell or modify our loan had 3 more buyers for house they will not take any offer!So Now it has been 3 years that it has been in forclosure and we are still in the same place?I believe that the insurance companies have a part of this too.They took out a policy for 8,500 dollars odd!
TELL THE PRESIDENT WHAT TO DO….
http://my.barackobama.com/page/s/stories-for-jobs?source=20111018_jd_fbs
What do you think of the new plan?
Friend —
Now that each and every Senate Republican has vowed to block measures that would create jobs, President Obama is not going to wait for them to rebuild the economy and bring financial security back to the middle class.
Today, he announced new rules on federal mortgages to prevent more families from losing their homes to foreclosure. And that’s just the beginning — the President said he would continue to make the changes he can by executive action, while continuing to urge Congress to act on legislation to strengthen the economy and create jobs.
If Congress doesn’t act, he will — because millions of Americans can’t just wait for Congress to do their jobs. That’s why thousands of you have been calling and tweeting your representatives over the past month, joining the President in sending a message to lawmakers in Washington that they need to act now.
We’re not just going to continue to wait — and we’ll be keeping up the pressure by making sure they’re hearing from folks across the country every day about why they need to act.
Will you share your story — and join President Obama in telling Congress that we can’t and won’t wait?
Republicans in Congress have repeatedly filibustered the President’s ideas to create jobs now — ideas that until recently were supported by Republicans.
The President’s action today also stands in stark contrast to the positions of the Republicans running for president. Mitt Romney even told a newspaper last week that we actually shouldn’t act; we should let the housing crisis “run its course” and “hit the bottom” so that “investors” can come in and buy up these homes at cheap prices. He’s saying to homeowners that they are on their own, forcing thousands of families to explain to their kids why they have to give up their homes.
Doing nothing while families struggle: that’s the opposite of what this president and this campaign stand for. President Obama isn’t going to let Congress’ inaction stop him from doing what he can right now.
So here’s what the President’s announcement means:
— More families whose homes are under water will get help and save money on their monthly mortgage payment through the Home Affordable Refinance Programs.
— If the value of your mortgage is $100,000 and your house is valued at $75,000, you previously weren’t able to refinance to save your home — forcing many families to pay higher interest rates. As a result of today’s announcement, many more responsible homeowners will be able to lower their rates and pay their debts.
— And this is just one of the incremental changes to come. Next, the President will announce new steps to help young people manage their federal student loan debt while they look for a job and get on their feet. He’ll also take action to help small businesses and entrepreneurs, spur the engines of job growth, create new jobs, and assist veterans in finding them.
These measures alone are not a comprehensive solution to the economic challenges we face. That needs to come out of Congress — and if they’re going to finally put party aside, they’re going to need to keep hearing from us. President Obama is stepping up the pressure, and he’s counting on us to keep going, too.
Get the President’s back and keep the heat on Congress — tell your story of why we can’t wait any longer:
http://my.barackobama.com/We-Cant-Wait
Thanks,
James
James Kvaal
Policy Director
Obama for America
Get the Presidents story here~!~!
http://www.whitehouse.gov/the-press-office/2011/10/24/remarks-president-economy-and-housing
I am starting to think the only way for BOA to take action on my
loan modification is to sue them. Maybe if they get dragged into court and the original signed documents are demanded ( Produce The Note )
a settlement can be made. A audit will show defects in the chain of
title. I would love to hear from any attorneys out there who are familiar with these actions. Rember your home is worth fighting for dont give in.
Melanie, in all due respect to you, I think you should look at the President’s proposal a little more closely. I am not a supporter of the Republican side either, but this plan is going to help so few compared to the bigger problem. I hope also that you are not suggesting that the majority of the people who “are” behind on their mortgages are irresponsible. I had excellent credit all my life, but when all this came down it changed everything. I am not “purposely” defaulting on my mortgage, and I desperately need the help that I won’t get because Obama’s plan is only for a select few that meet strict qualifications. If people are keeping current on their mortgages, they aren’t as in serious need as the people who had to fall behind by no choice of their own. The majority of people in trouble will not qualify for this plan. I support your efforts to complain to congressional leaders however in finding the “real” solution to the problem.
How dare Bank of America even exist, after all the lies they told me and thousands of others, they have destroyed the life of our family killed our pets , all because my husband lost his job to more American greed Hershey’s, and was in a life changing auto accident, not enough hardship for greedy B of A and Obama’s making homes affordable, every time i called it was always the same old lie, our goal is to keep you in your home, REALLY lock out day June 15th 2011 let are animals outside to run free. They destroy lives not build them, Home saver gram 454.00 per month, and they could have kept it at that rate but no they are too greedy for that, after 13 years of payments totaling 120,000 on a loan that was 92,000 i don’t know, just say hey forget the interest, no i tried to lower the payment for 3 years, all we got was LOCKED OUT, like so many others in our neighborhood, tell my 13 year old daughter why she cant graduate with her 8th grade, class who she knew all her life, oh and why she had to sleep on her front lawn the night after she turned 13, ask her how she spent her 13th birthday in the heat moving all of our life on the front lawn, before they came to lock us out, and the trauma of it all that it has left on all of us, Now tell me how much its worth???? I hate this government and all it stands for because it stands for NOTHING!!!!!!!!!
I feel for every hard working tax paying American!! As a single mother.. never late or refused to pay my bills.. BOA has crushed me for the last year! I’ve lived in my home for 13 years with no escrow acct. Payed my taxes and ins on my own. Last year the county called and said i double payed my taxes… ?? I dont have enough to ” double pay my taxes ” Well BOA paid them on top op yours 5,ooo$ Nobody at BOA can explain why they paid them or why i have to pay 250 extra for the escrow account they put on my account. Hens my ” hardship ” I have tried as hard as i can to keep up with these payments. Every time i call BOA they transfer me to other depts and then i get disconnected! I have begged them to modify my loan from 8.75 so i can keep my house and all i get is the run around! If they send me one more Fed Ex of the same stuff i send them over and over I’m gunna loose it! As soon as you mention the word MODIFY they give you the run around and sell your loan! I have come to the point were I have stopped paying my mortgage for 2 months after they started sending my payments back. They received millions of dollars to help people upside down and with too high of interest in there homes and instead have used OUR money to pay there CEO’S and are making the rich richer!! I pray that Obama is not sitting in the oval office wondering why we are loosing our homes!! I’ve tried everything and am at the end.. like alllll of you!
A class action was just filed on December 5 for exactly this situation.
http://www.mfi-miami.com/2011/12/class-of-homebuyers-claim-bofa-found-a-new-dirty-trick/
I WILL BE FILING A LAWSUIT AGAINST BOFA FOR BREACH OF CONTRACT. My loan was originated at Wilshire Financial.I had a modification agreement in place and then came the Bofa gangsters who bought the loan and threw out the contract with Wilshire for modification.Then BOFA threw up alot of red herring to disguise their diabolical intent. I am a 99% er and I need help to fight this scheme . Win or lose I am taking my fight public!
We have received the same run around game. When i also asked them for a copy of the original promissory note, they said they didn’t have one. Shortly thereafter, they removed my ledger sheet on our first so I don’t have access to it on the computer. I indicated to them that according to the terms of the original originator, we had a 16 day grace period. In other words, we had until the 16th to pay our loan and on the 17th it was considered late. They were making us late on the 16th and said that we were late on the 16th. They finally removed the date of the 15th instead of the 16th but did not take those late fee months away so we were still considered late for the whole month. They show that we are late on the 1st of the month now. They don’t have the promissory note or they would have known the information of the 15th vs. the 16th, was wrong. First American Mortgage were the original originators, then Country Wide and then good old Bank of America. I even went into the bank when they were saying we were late and the guy at the desks where you apply for a loan said we were on time. There is so much more to this, but I am totally worn out. Now they are trying to find a discrepancy on our 2nd loan HELOC, to make that late too to be able to do an acceleration while we are still waiting to see if our first will be approved. It’s a joke with their weekly delivery of Fed Ex packages. Maybe if they didn’t send those out on a weekly basis, they could actually save money and grant our modifications. What a joke. I am so pissed off but what can you do; hire a top notch attorney with very little extra monies due to bills, etc. We should do a class action lawsuit against them. My husband told me that there are a group of attorneys who are highly rated in Sacramento and will be filing lawsuits against Bank of America at the Federal level because it is in violation of their rules and regulations not to have access to a promissory note and still be able to take and sell a home. Bank of America sent me a foreclosure type thing wherein our loan is also at reviewing level for Make Home Affordable.joke based on Foreclosure re of a deed of trust in lieu of a promissory note from some trustee’s office. This enables them supposedly to able to get around the promissory note and are using a trustee company to execute the documentation that was sent to us. They say they will tell us what we owe, if we cannot produce it, then we have five days before foreclosure begins. What a great Thanksgiving and Christmas time. We need to get a class action suit together and go after Bank of America before we lose our homes. By the way, this is all going on while they are still reviewing our 1st for the Make Affordable.nothing.
Mr. Moody,
I had the exact same thing happen to me. I had completed a modification with Countrywide, paid another 6,000.00 to keep my home (purchased for 106,900). Then came the BOA gansters and told me that my modification was not “valid” and that I had was in default. After daily calls for several months, they started the foreclosure process. Two months into recieving their attorney letters, they told me I qualified for the “Home retention program”. I contacted a counselor with the program and EVERY time we were to talk to a BOA rep we were disconenected. They evicted me and now an attorney is now handling this case. Hopefully we can compare notes…
I WILL BE FILING A LAWSUIT AGAINST BOFA FOR BREACH OF CONTRACT. My loan was originated at Wilshire Financial.I had a modification agreement in place and then came the Bofa gangsters who bought the loan and threw out the contract with Wilshire for modification.Then BOFA threw up alot of red herrings to disguise their diabolical intent. I am a 99% er and I need help to fight this scheme . Win or lose I am taking my fight public!
Terrific Ted!
Please keep us posted!
I am from PA and I am having the same issues of the runarounds, delayed response, no answer, transfer to different department, and no answers from July 22nd 2011. I first applied for a refinance and past all their extensive criteria even the credit score was good there was no excuse not to grant me the refinance, but till today December 27th 2011 I was now told that the application was canceled and close without any reason and I must re-apply again and they must pull my credit scores after they did this about 4 times in July. They charged me for applicatio, appraisal x 2 and a lot of wasted time of my job to get paper work done because there was always an emergent needfor it right away. If anyone is in the process of a law suit in PA please feel free to contact me I will join you.
Babita …
Hopefully, you’ll check back with your post and see this. You may have missed that Ted posted way back in October. The current discussion is at the bottom of this page.
As I’ve mentioned several times, there is no lawsuit simply to sign up for. In nearly two years on this forum, I haven’t heard of much in Pennsylvania … and that’s a basic problem nationwide … people are having a hard time coordinating group efforts. It’s simply the nature of online communication.
There are tons of ways you can fight to save your home. Not only do I have a list posted … see below … but several other posters have lots you can learn, too.
I’d strongly suggest you read through this page and at least the previous two pages (see “Previous Comments” in light blue at the top and bottom of this column), including checking the links people provide.
You also left no contact information., but feel free to contact me at donsweet at verizon dot net, and I’d be happy to help steer you in the right direction.
Like the rest of us, you’ll need to educate yourself about how this actually works.
Ted I applied thru Wishire, was approved after 6 mo. for HAMP. Then BOA took over Wilshire, they never found my modification. Then I faxed it to them. They still couldnt find it . all the while they were telling me to call back in two weeks many times, and disconnected. Two and a half years later they yet have no clue, send me conflicting statements, threaten foreclosure etc. I have applied for second mrtgage modification and getting the run around, creditors from BOA calling etc. My rate is 11.75%. soon I will be in a tent.
SIGN MY PETITION TO INVESTIGATE BANK OF AMERICA
Short URL: http://wh.gov/TvC
Save and Share this URL: https://wwws.whitehouse.gov/petitions/!/petition/we-believe-obama-administration-should-call-investigation-business-practices-bank-america/V8VBgCP7
Melanie …
Neither link worked. Both took me to the default “Create a Petition” page.
We believe the Obama Administration should call for an investigation into the business practices of Bank of America.
A) The banking industry is regulated by law and agencies of the Federal and State government to work and erform in an ethical manner.Banks are NOT working to actually modify mortgages and have instituted a policy aimed at possessing and profiting from properties.
B) Banks have trained their employees to facilitate the repossession of homes, not negotiate and modify.
C) Banks have no stimulus or motivation to actually modify exists, other than statutorily mandated ethical practices of conducting operations in “good faith,” and, in fact, motivation to foreclose, repossess and profit DOMINATES the corporate theory AND practice.
D) NO HOMEOWNER has access to the legal manipulations available to the banks. NO HOMEOWNER has even an inkling of an understanding of legal processes.
I am sure that we all would agree that Bank of America should be strictly investigated. They are committing criminal acts and all they have done is pay fines. Must be nice. The rich buy themselves out of prison while the average American gets convicted and serves prison time for committing just a portion of the crimes that Bank of America has. Where is the justice?
Bank of America loves to deny responsibility and wash their hands for the acts of their employees. We all know that their employees are puppets with no conscience and no morals for lying and therefore participating in destroying people’s lives but they have been trained to perform in such a reckless manner. Bank of America does NOT hire people in the mortgage department that have a heart and want to actually help people because they will lose money.
Bank of America fails to understand the legal doctrine called “respondeat superior” that makes an employer “responsible” for the acts of their employees during the scope of employment: http://en.wikipedia.org/wiki/Respondeat_superior
In my lawsuit, I made it very clear that this legal doctrine (respondeat superior) needs to be acknowledged. You can read my Complaint here:
http://www.scribd.com/doc/67617253/Echeverria-et-al-vs-Bank-of-America-N-A-Second-Amended-Complaint
Recently the judge asked us to re-file a “Response in Opposition to Defendant’s Motion to Dismiss” asking for us to “focus” on why our complaint should not be dismissed. I smell a rat but I refiled my Responseas requested and made it very clear that not only do I have additional rights as a pro se litigant but that my complaint should not be dismissed on a “judge’s” belief that my complaint lacks factual allegations. Yep, the judge better be careful because I know I am a pro se crime victim and I am not going to have my rights violated. You can read my Response here: http://www.scribd.com/doc/68393228/Plaintiffs-Response-in-Opposition-to-Defendant-s-Motion-to-Dismiss-Sept-2011
The massive corporate greed has caused movements like Occupy Wall Street. Bank of America CEO Brian Moynihan actually has the nerve to blame the 99% for this economic crisis. I might not be protesting in the streets but I refuse to be abused by Bank of America anymore.
Why does your servicer (Bank of America) want you to default instead of making payments if you have mortgage insurance? Register of Deeds Curtis Hertel, Jr., Explains the Foreclosure Mess – Pt 3. youtube.com/watch?v=EqkCCHT0mvg&feature=share
How may I join class action law suit against Bank of America regarding my mortgage? Paul Tobin.
Paul …
FOR YOUR OWN SAKE please click on “Previous Comments” in light blue at the top and bottom of this page, and read through the previous pages for important information that may help you.
Your question alone says that you are unaware of MANY aspects of this situation, including the fact that a class action law suit may not get you what you want.
There are no miracle cures, no magic buttons and no heros … except perhaps your self-education on how this all works … but class action lawsuits should be your LAST choice, not your first.
Please read, learn and understand.
MERS subpoenaed by NY attorney general
http://www.reuters.com/article/2011/10/27/mers-subpoena-idUSWEN007420111027?feedType=RSS&feedName=bondsNews&rpc=43
Delaware Attorney General Files Suit Against MERS for Deceptive Trade Practices
http://www.loansafe.org/delaware-attorney-general-files-suit-against-mers-for-deceptive-trade-practices
Delaware Attorney General files lawsuit against MERS
http://www.housingwire.com/2011/10/27/delaware-attorney-general-files-lawsuit-against-mers
i’am also trying 2 get a mod from boa , on my second month . one morning i went 2 get my mail and as i opened my front door there was a note on my door saying yhis hse. is deamed 2 be vacant. whoever came 2 my door never rang my door bell never looked inside my windows my grass is cut nicely never calleds my phone #. called boa and raised hell ofcourse nobody there knew who did it.they said don’t worry we will take care of it in r notes. oh by the way what got me pissed off was in the note it also said unless u contact boa rightr away u could have ur locks changed in a few days. so far nothing has happen .my lawyer 2 put a sign on ur door stating that ” this house is 100 % occupied door bell fine ”
I’m in the same boat as yall, however I have a sell date of Nov 1 2011 Foreclosure ,we’ve tryed the hope program,but no hope here. never missed a payment on our house for twelve years, and you have always been on time,Mr. Slaughter we cant help you unless your behind, so we got behind !!We paid a lower note for a year,$ 500.00 less, but at 12.5% rate for fourty years, thanks countrywide, and that little douch bag broker, that does’nt help much. I substained a spinal injury 3 years ago, used my Ira to pay on my mortgage, then settled with my Ins. company so I could pay on my mortgage. Instead of having my back surgery. This just goes to show lucifer is in charge of washington. And that when you take GOD out of our country, and every thing ealse, IT WILL COLAPSE.
please sign the petition and see if we can make a change. they don’t care.. hope is a joke.. there are some people that get a loan modification just because they can. i know them personally but guess what they are not with bank of america.
THE DEMONS ARE LOOSE, THE WOLFS AND VULCHERS ARE AT OUR BACKS, YA’LL WATCH YOUR BACK………………………………….!!!!
I WANT TO START A DAVY CAMPAIGN AS IN DAVY vs GOLIATH.
IF PEOPLE STOPPED DOING BUSINESS WITH THE BANKSTER TERRORISTS, THEY WOULD FALL. HARD AND BEYOND OTHER BAILOUTS THAT TAKES YOUR MONEY IN ORDER FOR THE BANKS TO BE ABLE TO TAKE YOUR HOMES.
TAKE ALL OF YOUR MONEY OUT OF THE NATIONAL BANKS AND CUT UP YOUR CREDIT CARDS.
ONLY DO BUSINESS WITH YOUR LOCAL HOME TOWN BANK.
WE CAN DO THIS.
OUR TAX DOLLARS BAILED THEM OUT. ALL WHILE THE BANKS WERE CALCULATING HOW TO TAKE HOMES. IT IS THE SAME STORY OF THE HOME OWNER OVER AND OVER AGAIN. THEY DID THE SAME TO EVERYONE. IT WAS A PLAN FROM THE GET GO. THE REFI SHUFFLE WAS A CON GAME, IN WHICH THE UNSUSPECTING WERE CAUGHT UP AND LOST. I BELIEVE THIS TO BE A REAL CONSPIRACY AGAINST LAND OWNERS.
ALL THE WHILE THOSE WHO REPRESENT US IN DC, KNEW WHAT WAS GOING ON. IF A SERF CAN FIGURE IT OUT ONCE THEY HAVE BEEN VICTIMIZED, YOU HAD BETTER BELIEVE THAT WASHINGTON DC LET IT HAPPEN. THEY KNEW WHAT KIND OF GAMES WERE BEING PLAYED AND INSTEAD OF CALLING THE BANKS ON THE ILLEGAL, DIRTY, INHUMANE, SCAMS, THEY BAILED THEM OUT WITH OUR MONEY!
FURTHER, NO MATTER WHAT CONDITION THE HOUSE IS IN, BURNED TO THE GROUND OR BADLY VANDALIZED, THE BANK IS INSURED BY THE GOVERNMENT SUBSIDY. THE BANK LOSES NOTHING. THE BANKS GET THE VALUE OF THE LOAN ON THE HOUSE EVEN IF THERE IS NOTHING LEFT OF THE HOUSE! THE BANKS ARE RECEIVING BAIL OUTS AND SUBSIDIES FROM THE VERY PEOPLE THAT THEY ARE WORKING HARD TO DESTROY.
THE BANK DOES NOT LOSE A DIME!
THE BANKS WERE BAILED OUT BY OUR TAX DOLLARS. OUR MONEY IS ALSO COVERING THE BANKS ON LOSSES DUE TO THE CONDITION OF THE HOUSE.
PEOPLE DO NOT UNDERSTAND THAT THE BANK IS COVERED AND LOSES NOTHING NO MATTER WHAT.
MEANWHILE, HOW MANY PEOPLE HAVE COMMITTED SUICIDE OR HAD HEART ATTACKS BECAUSE THEY WERE LOSING THIER HOMES? HOW MANY FAMILIES WILL BE DESTROYED AND NEVER RECOVER? HOW MANY ARE HOMELESS BECAUSE THEY CAN NOT GET BACK ON THEIR FEET? HOW MANY CHILDREN ARE HOMELESS AND SUFFERING BECAUSE THE BANKS HAVE AN EVIL AGENDA?
HOW MANY SERVICE VETS HAVE THEY PUT THE SCREWS TO?
FOR CRYING OUT LOUD, WE HAD A REVOLUTION OVER THE TAXES ON TEA!
WHY ARE WE ALLOWING THE BANKS TO DESTROY THE AMERICAN DREAM? WHY IS OUR GOVERNMENT SUPPORTING THEM IN DOING SO?
OUR GOVERNMENT DOES NOT CARE ABOUT THE HOME OWNER. THE GOVERNMENT WILL ONLY HELP FURTHER DESTROY INDIVIDUALS AND FAMILIES BY NOT PUTTING THE SMACK DOWN ON THE BANKS.
I, AS AN AMERICAN CITIZEN, DO NOT WANT THEM TO GET AWAY WITH DESTROYING THE AMERICAN DREAM. LOWERING THE STANDARD OF LIVING ON MILLIONS OF HARD WORKING AMERICANS IS UNETHICAL, IMMORAL, GREEDY, CORRUPT AND DOWN RIGHT EVIL.
PLEASE, YOU ARE WELCOME TO COPY THIS STATEMENT AND PASTE IT ANYWHERE IN ORDER TO GET THE WORD OUT.
I CALL IT THE DAVY REBELLION!
HOW TO JOIN THE DAVY REBELLION—NO PPENALTIES, NO FEES, NO DUES, NO BACKGOUND CHECKS! (HA!)
TAKE ALL OF YOUR ASSETS OUT OF THE BANKSTER NATIONAL BANKS AND ONLY DO BUSINESS WITH YOUR LOCAL BANKER.
CUT UP YOUR CREDIT CARDS.
DO NOT DO ANY BUSINESS WITH THE NATIONAL BANKS.
LET US. WE, THE PEOPLE, FIGHT FOR JUSTICE OURSELVES AND CIRCUMVENT WASHINGTON, DC. OUR BUREAUCRATS ARE NOT LOOKING OUT FOR WE, THE PEOPLE.
I WILL NOT STAND FOR- OF THE CORPORATION, BY THE CORPORATION, FOR THE CORPORATION!
PLEASE ALERT ALL! JOIN THE DAVY REBELLION TODAY!
if everyone goes to change.org and fight. we sign petitions and refer our family and friends and any blog or any website we can. It will make a change. this site has made some real winners.
Bank of America is not fair. They have wronged the middle class and hard working people. The have ignored us and have continue to lie to us.
Same story here. Sent fax’s over and over then I am denied because I didn’t send fax’s. Nadia Mitchell has lied many time about not receiving my fax’s. Bank of America is scamming us.
i under stand and we must stand and make a change..
the e-mail them and send faxes. we should all do on
one day to make a change. her email address would be
nadia.michell@bankofamerica.com
Robert,
My husband & I are in the same boat! We even sent hard copies in that they “never” received. I have letters from BoA stating we did not qualify for a MOD. Then we got involved with the HUD EHLP program, which we are still waiting to hear about, and once I told BoA that all of a sudden I received letter to call them because they are sure we can work something.
About 2 years ago we did a MOD on our 2nd mortgage and instead of going down it went UP!!!! we went from paying a total of $1200 a month to $1800 a month…how is that helping us?!? We were just trying to save our house! I have learned a lot the hard way! One thing I do know is how crooked BoA is and they will take advantage of anyone at anytime! Our house is in foreclosure status and currently does not have a sale date. I would like to learn more about the class action if you know anything about it.
Everyone who has already gone through foreclosure between Jan. 1st 2009 and Dec.31st 2010, there is information on the compensation that is possibly going to be provided for you for wrongful foreclosures, on website:
Propublica.org Go to “More Stories” and the first article that says
“Our FAQ on the Foreclosure Reviews.
how do I join this lawsuit? I worked with BofA for 14 months, i had a buyer ready and willing in a short sale situation after my requests for modification were delayed time and time again. I needed 2 weeks to close the loan. A short sale would have saved my credit. They then sold the second trust deed WITHOUT TELLING ME and then told me that they were accelarating the loan because of the sale of the second and that they would NOT give me the 2 weeks i needed to close.
I had a buyer willing to pay $15, 000 more than they foreclosed for but they couldn’t be bothered…
The whole story…
Part 1 youtube.com/watch?v=NjwTFE8-u5k&feature=related
Part 2 youtube.com/watch?v=fulAmzY1Vno&feature=related
Part 3 youtube.com/watch?v=EqkCCHT0mvg&feature=share
Save your money and give it to your attorney not Bank of America
youtube.com/watch?v=OrxSViQ7pIg&feature=related
Bank of America just makes up the paperwork that they need….Fraud!
Check out 60 min
youtube.com/watch?v=OrxSViQ7pIg&feature=related
Do ya want Bank of America shut down??
https://wwws.whitehouse.gov/petitions/%21/petition/we-believe-obama-administration-should-call-investigation-business-practices-bank-america/V8VBgCP7?utm_source=wh.gov&utm_medium=shorturl&utm_campaign=shorturl
Bank of America now owes them money.
youtube.com/watch?v=sc39chef30k&feature=related
How do i sign up. I have the same story as all of you do. They said to fax ,we did. They said to send this and that in , we did. We waited and waited and no answer. Finnally we called and they lost or didnt recieve paper work could we please send again. This was a three month process still no answer. it was about 5 months before we did get a responce but by then it was to late we had started getting forclosure notices so We had to sell our home for way under market value. i lost everything, my home, my marriage, everything. we did finnally get a responce lowering our morgage just a little over 100 dollars??????
i have almost the same story..i have been trying to get a loan mod since 2008 and i am on my 2ed set of law firm since the first one screwed me out of 3500$ the 2ed firm said that it would take about 67 days to complete and i am on day 92.B of A keeps waiting till the 90 day mark and says that we need all the paper work updated…and now the law firm said that B of A well not reduce any of the charges for late fees and not being able to pay the full amount..and yes i do have whats called a TOXIC loan..i would like to get involed in the suite..HELP …
Bruce and all other NEW POSTERS >>>
Please read through this blog, and in particular click on “Previous Comments” in light blue at the top or bottom of this column for information that may be helpful to saving your home.
Several other homeowners, including myself, have done a tremendous amount of research on how you might defend yourselves.
For your own sake, please READ BACK over these posts to educate yourself about this horrible situation and learn that there are ways to protect your home that are NOT lawsuits.
In fact, a class action law suit may not be your best course.
For your own sake, READ and LEARN … thanks!
hi don s. what is the best way to get resalts from the bofa for a loan mod…i have tryed all i know. i am on the 2ed law firm and its not going to well..i well not let themB of A take my home i have decited that if push comes to shove well my naybor has a skiploader and i know how to use it and thats how i feel about it. ya i know i would go to jail but i well have 3 meals a day a roof over my head and medical and if i loose my home i well have lost eveything.i have been fighting this since 2008 i am tired and my health is getting worse from all this…could you stear me in the right road to getting this problem handled…thanks for your time..steve tross…..s-tross@att.net
Steve …
I hear you loud and clear on what this “fraudclosure” situation can take out of you. I’ve been at it since 2009. It’s frustrating and draining. Please pardon the caps, but THAT’S WHAT THEY WANT … to drive you crazy and sick, and drive you out of your home so they can profit.
The methods are INTENTIONAL.
This is both for you and EVERY NEW READER OF THIS FORUM —
I’ve just glanced back at the previous two pages (click on “Previous Comments” in light blue below) and reconfirmed that THERE ARE POSTS YOU NEED TO READ about how to fight this, and things you can do to help save your home.
You will read and learn some of these basics —
1. Class action lawsuits may NOT necessarily be best to get you what you want.
2. “Filings” … which are NOT lawsuits … can be an effective way to force the bank to act or stop them from doing something.
3. There are NO HEROES in this situation, and the (unfortunate) fact is that we have to self-educate to learn how to go about this.
4. GOING PUBLIC and getting everyone you know, including government agencies, politicians and law enforcement involved can help hold the bank accountable.
5. GETTING OVER the shame, embarrassment and “stigma” foreclosure and financial problems that weighs on you is CRITICAL. This is NOT your fault. Banks and Wall Street CREATED this, not you. You are a VICTIM.
6. Many people (as I did) go into this believing banks are here to help you and want you to stay in your home. THAT IS A BLATANT LIE, and banks have proven beyond a doubt that their ONLY interest is PROFIT, and the faster the better by foreclosing (whether legally or illegally).
Read AT LEAST THE PREVIOUS PAGE of posts. I’d have repeated what I posted here on this page, but it makes more sense for you to simply click on “Previous Comments” … and there are other posters with equally valuable information.
What you don’t know CAN hurt you, and banks have been using that fact to confiscate hundreds of thousands … no … MILLIONS … of homes for YEARS.
Learn how to FIGHT.
Ask them to prove to you that you owe THEM the money….If you ask them to “Produce the Note” and they cannot they can’t foreclose.
Read through all of the comments on this site for help…..and get an attorney.
Melanie …
It’s a good suggestion, but I have a warning.
Produce the Note is a good theory, but the banks are making this a vicious dog fight. They are openly declining to produce notes, defying RESPA and TILA statutes, saying that you are not entitled to that information.
They continue to convince courts that producing an electronic copy is good enough …
… even though it’s not.
Basically, they’re say “So sue us” to get the note produced.
They’re into this DEEP, and terrified that opening the MERS door (who shredded 40% of 63 million mortgages) will collapse both the housing market AND the banks themselves.
This is a fight for their survival, whether they fight legally or not.
So don’t expect them to simply hand over an affidavit telling you where the actual note is, or easily, happily produce it in court. They will use EVERY TRICK they can think of to avoid that … both legal and illegal.
Pressure your county’s Registrar of Deeds and State Attorney General to investigate and PROSECUTE both the MERS system and the banks for this fraud … but simply screaming for your note won’t be enough.
I do believe they can get around “produce the note” but it will help delay the foreclosure and help you get your feet under you again. I also believe the more lawsuits you file the better. It will all depend on how good your lawyer is.
Everyone need to start moving their monies out of their banks, and start to put it in the community bank where you live, or the credit unions. They will wake up then.
Reasons and methods …
http://moveyourmoneyproject.org/
We finally got our modification with BOA after I threatened to go to my Senators and Congress people. We are both Veterans and the VA even told us we would qualify. It took over 9 months and we are paying more then we did before.
Wait for it….wait for it…
I don’t believe your journey is over yet!
Melanie …
Have a glance back on previous pages where I talk about the difference between “laws suits” and “filings.”
I AM ALSO A VICTIM OF BANK OF AMERICA. I HAVE A MERS
NUMBER WHICH SHOWS MY LOAN WAS SECURITIZED. I BELIEVE THAT MY LOAN AND MANY OTHERS HAVE VIOLATIONS
OF THE TRUTH AND LENING ACT, RESPA AS WELL AS THE
UCC. ARE THERE ANY LAWYERS OUT THERE WHO WANT TO
TAKE DOWN BOA AND EXPOSE THEM FOR WHAT THEY ARE.
BY THE WAY THE QUESTION IS WHO REALLY OWNS THE LOAN
BOA IS ONLY A SERVICER AND NOT THE PARTY OF INTEREST
OR HOLDER IN DUE COURSE.
I actually was forced to claim CH 13 BR to avoid foreclosure after six months of duplicating and faxing records, Calling every week to find out my status of the application to re-modify and ultimately receive, notification of foreclosure by the county! The last time I talk to BoA they told me that I failed to fax back paperwork they faxed me to sign and there for I was no longer eligible for the program. Mind you this was told me me about 3 months after they supposedly faxed something over and I was calling every week? I do not have a fax machine nor have I ever given them a fax number nor did I fax them ever. so that made me realize I was getting the run around and they were not going to help me. I also want to state that at the time BOA was getting in trouble for not processing loans then the moth they told me I was denied they come out with this ridicules number of processed paperwork. That was 1 and a half years ago. I have everything documented, every phone call, names, dates, etc. I am very interested in joining this class-action lawsuit.
Valerie you are not alone. I dealt with Bank of America for over a year doing the paper shuffle. I finally got modified after over a year with a payment higher than before and over 16000.00 dollars added to my loan. I won’t fall for this kind of skam again. Remember if it sounds to good to be true it usually isn’t.
I have seen thousands upon thousands of horror stories on this blog and all over the news regarding Bank of America’s deceitful practices. It is a well thought-out plan by these gangsters. It is undoubtably a SCAM! It is a racketeering scheme that boggles the mind. I have news for all of you especially the newcomers: Bank of America needs to be prosecuted under RICO and we the homeowners have to move the masses. These racketeering lawsuits will not happen by themselves, we all have to initiate it. The proof is in the pudding! If Bank of America is believed to commit at “least” two of the racketeering crimes, then you will have a racketeering lawsuit. Read my article here and you will all agree that Bank of America has committed massive fraud and racketeering against all of us: piggybankblog.com/2010/11/16/bofa-racketeering/.
I also have more news for you kind folks, you do not have to prove “beyond a reasonable doubt” for racketeering. You only need to prove a “preponderance of evidence” which is a little over a 50/50 chance that the accusations are true especially when it is a civil case. Check out this attorneys page regarding RICO and focus on the “civil” statute for RICO based on 18 USC 1964: federalcriminallawyer.us/2011/02/14/civil-rico-actions-victims-are-compensated-regardless-of-outcome-of-prosecution/. Also, check out these “jury instructions” for civil RICO: openjustice.us/Civil%20RICO%20suit%20against%20Richard%20L%20Ray/Civil%20RICO%20pattern%20jury%20instructions.htm. The ball is in our court and we can all certainlly prove that Bank of America is racketeering.
It took me over 1 year along with AmericanFinancial Law Group to modify my loan with Bank of America. My payment now is higher than before along with over 16000.00 dollars in added fees due at the end of my new 30 year loan. This is one of the biggest scams I’ve ever seen. Our President should hold any entity that misrepresents these programs accountable. Thousands of people have probably fallen victim to these predators. I will be sure to let everyone know that these programs are not made to help homeowners. They are made to make someone else rich.
“By strapping a financial bomb to itself, BoA is in a position to dictate terms to the US government regarding international financial policy.”
http://www.creditslips.org/creditslips/2011/11/is-bank-of-america-gambling-on-resurrection-or-is-boa-holding-the-us-hostage.html
Bank of America is a terrorist.
Definitions of terrorist (n) :
Somebody using violence (fervor: intensity of feeling or expression)
Somebody who uses violence to intimidate others often for political purposes.
I can see it’s time to repost some information.
Below are 21 items that may help you save your home —
The list below was accumulated from the experiences of a variety of people going through the same pain and similar circumstances as the stories being told here including myself. Unfortunately, these stories are in the tens of thousands, coast-to-coast. We all have to learn what’s happening and how to deal with it, a sometimes painful, but revealing process.
You DO have rights. For the most part, this is NOT your fault. Hopefully, you’ll find this list informative and it will help you turn the tables.
If you want to keep your home, you have to fight for it … but ALSO, you’ll have to learn how this game is played. Unfortunately, this IS a game to them. It’s how they can manipulate things to get as much money as possible. After all, that’s what their stockholders DEMAND … profit, profit, profit. That means getting money (your home equity) from YOU.
Please try and read ALL of this, and research for additional information. Google is your friend. So is Wikipedia. Whenever you get legal terms you don’t understand, look them up so you know what they mean.
1 ) If you haven’t made a journal/diary of your mortgage modification experience start NOW. Record every instance every time it happens in detail. This is critical for a court case, but can also be helpful for Attorneys General and Agency complaints and for your politicians, should they get involved.
2 ) Sit down and write out as complete a timeline as you can from the beginning of your experience with as much detail as you can recall. Take time to do a thorough job. Equally valuable as “1)”.
3 ) Call your State and Federal representatives, Congressman/woman, State Assemblyman/woman and inform them of your situation. Calling is preferred over emailing. It puts a human element into the contact. Ask for help. Don’t hesitate. It’s their job to oversee your community and the goings-on in it. It’s why you elected them. INSIST that they help you if they try to wiggle out of it. Mine were VERY cooperative and helpful. See the Carbon Copy List below for suggestion of who to contact, but research for ANYONE in your State that monitors contract law or banking..
4 ) Get any attorney you can find to advise you from church, synagog, friends, family, neighbors. Retain one if you can afford it or call legal aid if you can’t. These are “contractual negotiations” that involve Statutory Law and a lawyer will navigate that best. Tempt them with the possibility of getting a piece of a class action suit.
5 ) Call the Hope Hotline 877-300-5454 or Money Management International direct 888-881-7558. Use MMI (or a similar NON-profit) literally EVERY TIME you call the bank. A representative will be with you through your calls and the nightmares on hold. They will also keep a record (although it can’t be released without a subpoena from a court). But if it goes to court, you can get it that way. It’s also better to have the BOA people hear you’re not alone on the phone.
6 ) Call and call and call and call until you get results and cooperation. If you’re using MMI, they’ll ask for supervisors. If you’re not, YOU ask for supervisors. I know from more than two years of this garbage how much it cuts into your personal (or even work) time and how traumatic it is, but big corporations BANK on you getting frustrated and giving up. DON’T GIVE UP. Hold their feet to the fire.
If you’ve been “escalated” to the Office of the CEO and President, record the call (check local laws – SEE ITEM 20) and make NOTATIONS during the call. INSIST on instruction IN WRITING for any of your document submissions and do not accept verbal instruction. Verbal instructions can be contradicted or misunderstood.
REPORT ANY very short response times imposed on you (See Carbon Copy list below).
7 ) Keep up your payments as close to on time as you can. This is ALL about the MONEY. It’s a contract and your end is feeding this behemoth monster your hard earned cash. You agreed to it when you signed the mortgage. Courts (and negotiators) will want to see your willingness to pay, as will your politicians and regulatory agencies. It’s your “good will” that you’re willing to work it out.
8 ) Find as many people as you can in your State that are going through this AND keep in contact with forums like this or others — in other words FORM GROUPS. The ONLY power any of us have over this monster is NUMBERS. It is literally “United We Stand, Divided We Fall.” One-by-one they can take us down, but as both national and State groups, they’ll have a hard time of it.
9 ) Once you’ve contacted your politicians (See Carbon Copy list below) and they’ve started to help you, tell all your friends, family, co-workers and anyone else who knows you to write to them and THANK them for helping you get through this difficult time. DO NOT have them criticize, complaint or tell stories. Just a short thank you will make it clear to your politicians that people are watching their performance. No need to get into detail. They’ll KNOW they’re being watched just through a simple thank you.
10 ) File a complaint with your State Attorney General and the OCC (http://www.occ.treas.gov/customer.htm) and EVERY OTHER GOVERNMENT AND LAW ENFORCEMENT agency you can think of (See Carbon Copy list below). Research your State and complain to any applicable agency. Be sure not to “rant” and provide information in the form and with the content they request.
11 ) Contact your telephone company and request call records to and from BofA, or get all your calls and highlight them. Add that to your package of evidence.
12 ) Compose a letter asking the media … television, radio and newspapers … to look into this problem. Describe your situation BRIEFLY, then forward it to every news program and news agency you can think of. There are lists of contacts throughout this blog. Key Point: News people are a bit “legalistic” in covering stories and require documentation and facts. Although they respond to emotional pleas, they will likely ignore incoherent rants, finger-pointing and unproven accusations. Be factual in your letters and phone calls. The emotions will come across even if you try not to. AVOID EMAIL since emails are all too easily ignored.
13 ) Learn about, compose and send a RESPA/TILA (Truth in Lending Act) qualified letter, or “Written Qualified Request” (QWR) to the bank and other regulatory agencies, and include anyone (politicians) who might be monitoring your case (see below). The Federal government REQUIRES banks to provide you with DETAILED information on your mortgage.
RESPA is explained on these two government sites –
hud.gov/offices/hsg/rmra/res/reslettr.cfm ftc.gov/bcp/edu/pubs/consumer/homes/rea10.shtm
Samples of letters can be seen (copied) here –
http://www.nololawlibrary.com/foreclosure/7-2d.shtml
foreclosureindustry.com/2009/08/qualified-written-requests-respa-and-mortgage-servicing/
http://www.scribd.com/doc/11903044/Respa-Letter
Insert your personal information, rewrite the opening paragraph(s) to describe your personal concerns, and customize the “demands” to your own case, preferably with the help of a lawyer.
DO NOT send via email, and use the Postal Service, certified mail, return receipt requested. Copy all related people/parties the same way.
See below for a suggested list of Carbon Copy (CC) recipients to a REASPA/TILA letters.
IMPORTANT NOTE — The banks have been OPENLY denying complete and proper responses to QWR’s, including denying information about your “Blue Ink Note,” either where it is located or actually producing the note/mortgage. “Blue Ink Notes,” the original mortgage you signed, MUST PHYSICALLY EXIST, and banks are required by Statutory Law to PROVE they still have it, either by affidavit by an officer of the company, or in court with the Note in their hands.
This is a FUNDAMENTAL TENET of contract law. The physical paper contract must exist.
Receiving a COPY of the original mortgage DOES NOT SATISFY this requirement. A copy IS NOT THE ORIGINAL NOTE. Many mortgages were “registered” with the MERS system, which is being challenged nationally as an ILLEGAL SCHEME for the banks to avoid paying transfer fees to counties. MERS SHREDDED at least 40% of 63,000,000 mortgage contracts, and yours may be one of them.
14 ) Also … and this is tricky … this is ALL about contract law, which is called “Statutory Law.” It literally has NOTHING to do with Right and Wrong, but what contract law expressly states. This is NOT “Common Law” that talks about the rights of a human being. This is about your “fictitious corporate self” that’s a party to the contract … NOT YOU as a human being. Statutory Law only sees the “contractee,” not the human being. Statutory Law couldn’t care less whether you live in that house or not … just whether the contract is fulfilled.
READ your mortgage and READ your restructuring agreement. Everything that’s happening to you is based on THOSE, not Right or Wrong … or have someone who understands legal language read them and explain what they mean.
Contract violations are what Class Action Law Suits are based on … contractual violations, and that’s all a court will listen to.
SEE ITEM 17 regarding “Filings.”
Remember, this is a nation (now, anyway) of laws, courts and parties to contracts … NOT common decency or even Common Sense. Work to save your home. Complaining gets you no where. Working hard and learning “the game” they play is the only thing that works.
15 ) One other thing has emerged … try to GET OVER ANY SHAME OR EMBARRASSMENT. For most people, this is not your fault. You have no control over the financial environment and you are merely exercising your rights. In fact, you should be BOLD about exercising them. Don’t let anyone convince you that “you were just asking for it.”
More than that, you must become a WARRIOR to save your home. Banks are NOT IN THE BUSINESS OF SERVING YOUR NEEDS and are ONLY in business to PROFIT. If that means taking your home … even illegally … THEY WILL TAKE IT. This is a war for the very roof over your head.
Learning HOW to fight is CRITICAL, but realizing the banks are using shame and embarrassment is your first step to getting there.
16 ) Consider stretching your budget to file an INDIVIDUAL lawsuit (Also SEE ITEM 17), rather than being lumped in with a class action. Jamming up a bank’s legal department with multiple suits is far more effective than allowing them to combat one class action. A class action puts you in a barrel with all the other fish.
It’s also been suggested that you can file yourself, without an attorney. It’s called “pro se.” When you sue personally, you can name names. You’re not held to the same standards as a lawyer. You can sue everybody, including the “negotiator” or “customer advocate” or even the court itself if they contradict the law, by filing criminal charges against even the judge. You can name anyone on any paper that relates to your mortgage.
But if you can’t file individually, keep in touch with people in your State. You can’t simply “put-your-name-on-a-list”. It’s not that easy. You have to work to FORM a class action suit. For the moment, no Federal class action exists and they MUST be State-by-State. Band together and hunt hard for an attorney who will take it on.
17 ) AN IMPORTANT DISTINCTION — “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.
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.
18 ) There’s also been the suggestion that you file bankruptcy. Bankruptcy is a complicated and often expensive process, and not everyone qualifies … as described here …
http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter13.aspx
It can be a difficult decision, time consuming and possibly expensive, seriously affecting your credit for years, but a solution none-the-less.
19 ) Isabel Santamaria from Florida is spearheading the collection of your stories for use in court against the banks. This is a CRITICAL use for items 1) and 2), your journal/diary and timeline, or simply a statement of your experience.
Banks are being found guilty in court for a pattern of fraud when many “affidavits” are presented describing the same pattern over and over with many people. Telling just your story in court doesn’t cut it. Judges, courts and juries need to see the testimony of many homeowners to understand (and record) a pattern.
You should have these timelines and journals notarized, scanned, and placed in the “repository” or online data base we are developing so anyone suing or filing against the banks can access the statements when filing a suit.
In advance, you should be aware that you can’t remain anonymous to the court. You’ll be providing your contact information and signing these statements. Judges and juries need to see that you’re a real person.
You can’t just “claim” widespread, systematic abuse without documentation. You have to PROVE it with affidavits. A database is being created and the details are being worked out. More news and details later as they develop. Email Isabel at Isabel-1229 [at] hotmail.com for details and updates.
20 ) Although it’s controversial and you should check your State and local laws before hand, you can record your conversations with the bank WITHOUT telling them. When they say “This call may be monitored or recorded …” they have broken a basic principle of law called the “privacy covenant,” where phone calls have a basic expectation of privacy. Once they say that, you can record to your heart’s content. But again, some attorneys express caution, so check your State’s laws.
21 ) Research is showing that filing for Quiet Title can be tricky and possibly expensive, although not impossible. It’s my opinion that it’s going to be based on a LOT of research before you dive in. Apparently, the courts will be VERY careful to dot every “I” and cross every “T” and several people are suggesting a Quiet Title specialist attorney.
Of course, introduce “attorney” into it and you immediately add $$$.
Make that a specialist and I’d imagine you’d easily double it.
That’s probably where the research plays a critical role … including ramming a RESPA/TILA letter down the banks’ throats, as well as hunting down actual paper records of your loan in your county/parish.
It’s not going to be as easy as “the bank did me wrong, so I want my house” and the judge saying “ok.” There’s going to have to be provable fraud or broken “chain of transfer” eliminating their right to your property.
Even before you approach an attorney, you’ll need to know these things AND have accessed the documentation to prove it, or you’re wasting your time. It’s far from impossible, and could even be highly likely given the MERS debacle … well, shall we call a fraud a fraud … but going the Quiet Title route is going to be work, work, work.
Politicians, governmental agencies, law enforcement and other organizations you should Carbon Copy on ALL YOUR CORRESPONDENCE with the bank —
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
U.S. Department of Housing and Urban Development
Attn: Fraud, Waste and Mismanagement
451 7th Street S.W.
Washington, DC 20410
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.
ATTENTION PENNSYLVANIA RESIDENTS/HOMEOWNERS —
The Office of the Attorney General of Pennsylvania currently LACKS sufficient evidence to either understand or pursue this banking debacle in the Commonwealth of Pennsylvania.
The office of the AG NEEDS EVIDENCE from YOU.
Whatever your circumstance, whether you’ve lost your home, are under Sheriff’s sale, or struggling to get a modification that isn’t coming, FILE A COMPLAINT with The Office of the Attorney General of Pennsylvania.
Pennsylvania Office of Attorney General
16th Floor, Strawberry Square
Harrisburg, PA 17120
Complaints web page —
http://www.attorneygeneral.gov/Complaints.aspx
Note “Consumer Complaints” —
http://www.attorneygeneral.gov/complaints.aspx?id=451
Also note “Debt Collection Complaints” —
http://www.attorneygeneral.gov/complaints.aspx?id=451
Direct line to the office of the AG —
717-705-6559
WITHOUT EVIDENCE the office of the AG cannot pursue the banks!
This also applies to your own State if it’s not Pennsylvania. Google your State’s office of Attorney General.
FILE TODAY!
How do I get added to the lawsuite just a short story I got hurt on thr job I called B.O.A and told them they said they would freze my payments for 4 months seeing how I have over 75,000 of equity in my home at the end of 4 months I went to start making my payments again and they said WE DONT WANT YOUR MONEY YOU ARE IN FORCLOSER so I got a lawer and started a loan mod. this went on for 8 months or so and I had to fill out the same paper work 10 to 15 times sending it to several diff. add. then I get a letter that said I was DENIED I called and asked why and they said I DONT KNOW but you are denied all threw the proces I was given wrong names wrong extention well I could go on but I would like to get on the band wagon thanks
Floyd …
Your story is fairly typical for people experiencing this for something like three years. I’m entering my 29th month dealing with it, and have been on this forum for about two years.
Have you seen my list above?
I have found two key elements to be very effective, although that entire list can help. First, the OCC (Office of the Comptroller of Currency) has been very active pursuing the banks. For my case, involving my politicians, particularly my Senator Casey (Pennsylvania) has helped keep pressure on the bank.
I’ve observed that the banks only respond to two things — regulatory pressure from people such as the OCC and politicians, and court orders. They scoff at people who involve attorneys. They have thousands of them on the payroll and know every nook and cranny of the law.
This is about pressure. The only effective pressure is people and agencies the banks have to answer to. Your lawyer is not one of those people.
This is literally the bully stealing lunch money on the playground, and only “authorities” can stop them or whip them into line … and the more the better. That’s why my list above includes so many agencies and contacts.
Many of these “authorities” would rather sip their coffee and chit-chat amongst themselves rather than regulate the playground. Besides, unless a student complains, they see nothing (notice my plea for Pennsylvanians to provide the Attorney General with complaints and information).
But also, I’ve found that there actually are people willing to step in and see that the banks behave. It’s just a matter of asking.
There is a wealth of knowledge and experience on this forum, and not just from me. Many people have researched, forged ahead and shared here. I suggest you do the same. To read back over this forum, simply click on “Previous Comments” in light blue at the top or bottom of this column.
The first thing many people have to get over is shame, guilt and embarrassment, and the second is usually that “private” thing people feel about finances. You need to get VERY public about it, not hide as if it’s your fault.
Many hundreds of thousands of homes (millions actually) have been simply taken with people too embarrassed or private over the dreaded word “foreclosure.” But that’s no different than a woman who is “embarrassed” over a rape. This is not your fault. You are a victim.
Time to scream at the top of your lungs to anyone who will listen … but particularly to the “authorities” who have dominion over the banks.
Don,
Thank you for your informative input. I have been going in circles with B of A for almost two years. I even called the head of B of A for the NorthWest Pacific Coast Region (as I live in Hawaii and we have NO representative here for us). I even had congresswoman Mazie Hirono write a letter to the CEO’ office on my behalf. None of it has done any good however. B of A lays blame on Fannie Mae. So how do we go directly to the source, which is Fannie Mae? I am meeting with an attorney next week. I want to file a suit for emotional and financial damages. I have kept extensive (dated) typewritten notes of my conversations with the various “negotiators” I have had, including statements regarding lost paperwork and mistakes B of A has made in the handling (or lack of) my modification request. I would like to be an active part of any group that is working toward stopping devious practices motivated by greed. The bad thing about greed is that one can never have enough anyway. Everyone, please keep me in the loop!!!! As an active real estate agent in Hawaii I feel it is part of my fiduciary duty to let current and borrowers know the truth.
It is not rather odd that there is an add for B of A within this site????
Thanks Susan …
… and yes, I’ve noticed those ads. It’s the world we live in, unfortunately. They have the money … essentially power … to influence people to get what they want. “Business” in this country, particularly from mega-corporations, has become “at any cost,” and that includes what society calls “advertising.”
Having been in the advertising/marketing field for 30+ years and helped countless businesses “advertise,” I know full well the difference between an “advertisement” for a product or service and a “propaganda lie.” Mega-corporation have evolved into the lie with ease … and we, as “consumers” (I hate that word) are gullible enough to believe the lies.
Joseph Goebbels, Hitler’s Propaganda Minister [reportedly] said, “If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.”
As fascists, this made perfect sense to the Nazis. Funny how we spent hundreds of thousands of American lives and billions of dollars to stop this way of thinking, yet face it every day in our lives today.
Corrections to the last two paragraphs in my most recent submission are below:
“let current and potential borrowers know the truth”
“It is rather odd that there is an advertisement for Bof A within this site”!
Dear Piggybankbloggers:
Update!
At 12:57 (Pacific)
It has been reported that Mitchell J. Stein won in court today! Apparently, The Honorable Judge West ordered that the lawsuits are now consolidated! This MIGHT imply that the Judge is saying they are all related in maybe a conspiracy theory…………….including the California Attorney General and Bank of Lobbying America!
Also, Piggybankblog was mentioned in court! The Judge said that that picture of the Elderly Judge Johnson might have been a little off. lol I think he was referring to the old hag picture! Well, he is entitled to his opinion. (Wink) lol
I will write about it in tomorrows blog!
Here is todays though:
John’s Daily Blog: piggybankblog.com/2011/11/17/johns-bofa-daily-blog/
My name is John Wright AND I AM FIGHTING BACK!
skip past the guy talking to the 60 minuets clip….
60 minutes and Dan Rather Report on The Mortgage Trap
Mortgage fraud
youtube.com/watch?v=IKwB1BaFu9Q
Mortgage fraud Register of deeds part 1, 2 and 3
youtube.com/watch?v=NjwTFE8-u5k
youtube.com/watch?v=fulAmzY1Vno
youtube.com/watch?v=EqkCCHT0mvg
youtube.com/watch?v=troUapniEv4&feature=related
youtube.com/watch?v=ZG8E5YQtPSo&feature=related
youtube.com/watch?v=njoPUfKXotQ&feature=related
youtube.com/watch?v=OrxSViQ7pIg&feature=related
youtube.com/watch?v=sc39chef30k&feature=related
Like everyone else on here I am being screwed by BOA. I bought my house about 7 years ago when I was 20 yrs old. My first mortgage holder was First Franklin. I had never had a problem when my mortgage was with them. Then a little over a year ago they sold my mortgage to BOA, and all hell broke loose! They took it upon themselves to put my taxes in escrow, and by doing that, along with paying of taxes that I was currently making payments on, it more than doubled my mortgage payment every month. I never received a letter or anything saying this was going to be done. To top it off they had one of my taxes as being $1000 more than it actually was! I have been fighting with them for over a year. I have applied for the making homes affordable program, been denied so I appealed, and again denied. They said they applied me for one of their in house mod programs and I was denied, although I’m sure they never did. So I enrolled myself in online college so I could get stipend money to help me pay my mortgage, except I only get that every 10 weeks. So every 2 months I would call them and make 2 payments. The last time I called them to make payments they said they could not take my money because I was in forclosure, and that if I wanted to keep my home I had to wait a week for the reinstatement letter, and then I would have to pay the full amount due PLUS lawyer fees. So I told them to send the letter and I held on to my $ so I could have it to pay them when the letter came. Lets just say it’s been a lot longer than a week and still no letter. I am now 5 payments behind. I was informed that while I am waiting for the letter that fees and interest and monthly payments would continue to collect, so I am not shocked that I still have not received the letter. I am sure they are trying to rack it up as high as possible to make it impossible for me to pay. Even when I applied for the MHA mod I had to fight to get the paperwork sent to me. They said it would take a month for it to come, It took at least 3, and many hours of me fighting with them. I am at the point now where I am looking for a trailer to live in with my 3 year old son. I don’t know how long it takes for them to lock you out of your home, but I refuse to be homeless with a 3 year old! Oh and when I move out I’m taking EVERYTHING with me. The furnace, the hot water heater………. If they think they will sell this house and make any $ out of it they are mistaken! Now I know why forclosed homes look the way they do! Also, I own a very small hair salon and in my county they post forclosures and evictions in the local paper, so the only thing I am really nervous about is how that information will make me look to my clients. I don’t want them to think I’m someone who doesn’t pay bills 🙁 Some people are petty and it would most likely make me lose a few clients. We will see i guess.
Marcia …
Your first sentence says it all … “I am being screwed by BOA.”
Noticing your concerns about your neighbors and clients, it’s well founded, but it’s also a tool the banks use against us … guilt, shame and embarrassment. Hundreds of thousands of homes have been taken over this alone.
The only response to this tactic is the precise opposite … being as VOCAL as possible about your situation, not private.
You are a victim, and like all victims, you should tell as many people as will listen, not keep silent. Tell your clients what the bank is doing to you. Write to your paper’s editor and tell your story. Don’t let a completely misleading newspaper notice shame you into silence.
But also, contact every politician, governmental agency and branch of law enforcement you can think of (see my list above).
As long as people go “quietly-into-that-good-night” the banks will get away with this. Shining the full light of day on what they’re doing will show people who need to know just how “dastardly” they are.
Time to put an end to this Grand Deception … and part of that is dragging those responsible over to the raging fire of property confiscation so they can’t even begin to say it’s not happening … which many are.
This cannot be allowed to stand.
Even “settlements” with those who are found guilty cannot stand. We can only tolerate the PROSECUTION of these thefts … AND … we cannot tolerate “token, crowd-pleasing” responses. Prosecute them ALL … and as quickly as possible.
Make sure you and everyone you know contact law enforcement, agencies and politicians to DEMAND that the investigations, arrests and prosecutions START NOW.
Don,
Thanks for the reply. It is a big relief to connect with others. I have felt like a little fish dangling on a fish hook out here in Hawaii the past 21 months.
Thanks also for providing the list of contacts!
I am prepared to do my part to help others as well as myself.
Marcia,
Welcome to the site. I just found it as well. Your story is pretty much just like mine. We all need to keep in touch and put a stop to this as soon as possible. I don’t have any helpful advise other than that as nothing I have done as worked either (one of which includes contacting my congressional representative). All I hoped for was to modify out of an interest only loan and lower my payments by a small amount – I did not think it was such an unreasonable request – but apparently so. I have been at it for 21 months now. I find it very amazing that the banks, Fannie Mae, and Freddy Mac are able to get away with this kind of activity – I suppose I have always been a little naive.
Ex-Banker speaks with regret and blames himself and others for financial mess: http://www.nytimes.com/2011/12/01/opinion/kristof-a-banker-speaks-with-regret.html?_r=3&src=tp&smid=fb-share
The EVIL Bank of America destroys another family with their illegal scams. Family Wrongly Booted From Home Returns To Wreckage: realestate.aol.com/blog/2011/12/01/family-illegally-booted-from-home-returns-to-wreckage/?ncid=webmail10
How the banks are out to use the OCC to hide their crimes against homeowners: http://blog.chinkinthearmor.net/?p=958#more-958
Well,
I hope that rocking the boat is what prompted a phone call from B of A yesterday informing me that as of December 1st I passed the financial portion of my “exam” and am now ready for the “trial payment” portion of my exam. I was mildly excited and when asked when this might happen however I could not get an answer (of course and as always). Anyway it is a change at least. I will continue to speak up and contact my State and Federal representatives as it is not over for me yet. Not only that I want to make sure that others are not subjected to the almost two years of emotional and financial distress this process has cost me.
BofA and other mortgage companies need to be stopped dead in their tracks and brought to their knees. I have submitted my paperwork to BofA at least 6 times starting back in late 2009. Finally, March 2011 they offered me a 3 month trial loan mod payment period. Well, I made all three. However, at the end of the 2nd month they claimed I ddid not make the first payment. Due to an error on their side which I have documented I was given false information regarding that 1st payment. They said that I was not eligible for the HAMP program. I am currently working with HUD and have joined a Class Action Law Suit against BofA. Along with lots of prayer, it will work out in my favor and others. Let’s not give up. This mountain (BofA) can be moved out of the way.
Making home affordable is just a way to keep you in limbo for a few months . BOA just kept telling me I needed to send info. that had already been sent , but I resent and resent. They told me that I was sending copies of my original tax forms and I needed to send the originals, excuse me , the originals are with the I.R.S. where they are suppose to be !!! The copies I sent are exact copies from my c.p.a. the originals get sent in yearly with my taxes like everyones. They said they notified me that we had been denied well nobody in this house took that phone call. The man on the phone said unless I was a single parent or divorced I would be denied evertime ! Well I guess married folks not on welfare working for the school system without a raise in 7 years can live on the street ? WHATEVER I give up ! Street is sounding better and better.
Hi Scott,
Don’t give up because that is EXACTLY what they want you to do.
I have just been notified that after almost two years I am going to be able to move on the the “trial” payment plan. We will see how that pans out (if it does). The banks are getting lots of pressure right now.
Take the time to contact as many government agency’s as you can. There is list provided by another blogger on this site. You can also go to Mandelman Matters. He has updated info as well.
Susan
Was wondering if you would be interested in helping me, I do have a attorney but he hasn’t done nothing in 6 months, I don’t want to settle for a modification and here is why;
I have my loan at 7.45 interest rate, my credit was bad, after a few years of fixing my credit and got it up to 736 I tried to refinance then the market dropped and I was told to try for a modification with my bank so when I called them they said I would probably qualify and they were going to send out the paper work, way before I received the paper work they jacked up my mortgage $400 more a month, I called and asked what is with the hike in my payments and they said because I applied for the modification program that it was mandatory to put property taxes and home owners insurance in escrow and I said I haven’t even received the paper work to apply for it so I kept sending in normal mortgage payments only to find that the next payment was asking for the $400 plus a $49 late fee, after a few month I lost my excellent credit and stopped sending them any money and hired a attorney, he was trying to say he would fight to fix my loan but I said NO, I want to sue them for what they have done! They ruined my credit and my future of a few opportunities of buying several small business’s that I could have increased my income instead of struggling now!
I worry as I have worked so hard to get were I was and now its gone and worry am I going to have a roof over my head and what about my pets that I live for, I have two horses that are my 3rd & 4th generations to be with me and my dogs, cat’s and chicken, what is going to happen to us?
I have worked very hard, worked my hands till they bled putting in fence posts, building a barn, taking a old house that had plumbing on the outside of the walls and turned it into a home, now I don’t care about it and it needs work!
I know I’m not the only one about to loose a home, but we need to fight, who gives BOA permission to do these things?
Can you please help in any way?
Thanks for listening, Louise Goloversic lady_gypsy_reba@yahoo.com
I went through the exact same thing. My loan was a comedy of errors from the first inked signature. The note was through Countrywide(and we know what happened to them). BofA bought the note. The short version is I purchased a condo. When I pleaded hardship, BofA told me they would drop me into the Hope for Homeowner program. They tied up my mortgage for over 2 years, would not take any payments and while I tried to short sale, they delayed the paperwork and sold the place from under me. All while telling me that they didn’t want my place and not to worry. How do I get in on the class action. I welcome ALL legitamate SERIOUS legal action. Please email me!!! They destroyed my stellar credit and I went to the Attorney General, I went through all of their crap and jumped through all of their hoops like a trained seal. Hope for Homeowner, HAMP, Money Management International dozens of phone calls, days and days on the phone…All to have the rug pulled from under me. I did everything except write a letter to the president. Please include me in the class action!!! I have all my paper trails.
Lee Lady and Louise …
Like many (if not most) of the posters here on this forum … as well as tens of thousands of others (perhaps millions) in similar situations … you’ve both learned a valuable lesson …
… don’t believe a single word the banks utter.
Most of us get angry when we realize we’ve been “had.” It’s only natural. For the most part, we’re all raised on the idea that institutions like banks are ethical and working for us … servicing our needs and perhaps even responsible for helping keep a roof over our heads.
Nothing could be farther from the truth.
The raw fact is that they are ONLY responsible to their stockholders, boards and executives to make money … to profit … and that’s all.
These days, it’s “profit at any cost.” even if that means bending and breaking laws. They simply don’t care … despite how “nice” they sound on the phone or what we believe they are there for. You are merely a “resource” to the banks … something to suck the life out of for their gain … and nothing more.
So … welcome to the War.
This means you have to become warriors to save your homes. This includes your own, personal, education … the first lesson you appear to have already learned …
… don’t believe a single word the banks utter.
The next most important lesson is to learn that the banks only respond to one thing if it contradicts their agenda to confiscate your property … and that’s pressure from authority.
YOU are certainly no authority, and neither is your lawyer. They have THOUSANDS of lawyers on their payroll and know every nook-and-cranny of the law. After all, their lawyers DESIGNED this system of confiscation.
Louise …
There is no “you” on this web site to swoop in and help you. We only have each other. There is no “authority” you can turn to that will save the day … YOU have to be that authority and learn to use your personal tenacity to save your home.
Please read through this page and at least the two previous pages (click on “Previous Comments” in light blue at the top or bottom of this column) to learn what I and other people are doing to fight.
Lee Lady …
There is NO class action lawsuit simply to sign up for. That’s not how this works.
Sorry to disappoint you, but let me repeat that … There is NO class action simply to sign up for.
People would LOVE to believe that class actions are the be-all-and-end-all of whipping a big-bad-corporation into line. I can assure you that this concept is an OUTRIGHT LIE. Class actions are a LAST RESORT and NOT your first choice to get what you want … which is likely your modification.
As with Louise, please read through this forum/blog and learn how to fight this thing.
You are a teeny tiny speck on the bank’s radar and literally pennies … FRACTIONS of a penny … to their agenda of confiscating homes to bolster their revenue, but they DESPERATELY WANT those pennies and are perfectly willing to put you in the street to get them … as they have with hundreds of thousands of other people less willing to fight.
Now that you’ve learned that you need to fight … learn HOW … and channel your anger to constructive energy.
Over time you may even find that they are confused when you start to fight with “real authority” behind you. After all, they’ve taken literally millions of homes easily, almost effortlessly, and will scratch their heads wondering why you’re not following like all the other sheep to the slaughter.
Pressure … and REAL pressure … is the only thing they respond to.
Don,
Well Put! So glad you are on this site. What do you think of the piggybankblog site? There is an insightful video that explains why the banks will more than likely not modify a loan:
youtube.com/watch?v=ssl5yb7FewA&feature=player_embedded
I have forwarded it on to my representatives and legislatures, governor, the lobbyist for B of A in Hawaii, as well as Brian Moynihan himself (not that they don’t already know but at least they now know that more of us know).
It seems to be however that the real culprit is Fanny Mae and Freddy Mac and the FDIC. AND what is this about PennyMac started by former officers of CountryWide?
Lots of info out there (some accurate and some not I am sure).
So we all agree that there is strength in unity and numbers. However on this website we are individuals. How do we unit as a group and say we are not going to take it anymore?
By the way, I just got this off the piggybankblog site:
The Securities and Exchange Commission has charged six former top executives at Fannie Mae and Freddie Mac with civil fraud, saying they misled the government and taxpayers about risky subprime mortgages the mortgage giants held during the housing bust.
finance.yahoo.com/video/marketnews-19148628/sec-outlines-fannie-freddie-charges-27620175.html
Susan
Susan …
Thanks.
I’ve chatted with John many times in email. He has two posts of mine on his site, one is the list above and should be updated soon.
It’s refreshing to see so many of you shifting from angry and confused to fighting. That’s what it takes … learning to say “no,” and learning HOW to say “no.”
And yes, I’ve seen that video. It’s been posted here several times before and I’m glad to see it again. This information needs to get out there. It’s why I keep referring people to previous pages.
One thing I can say with every confidence is that many people coming to this site for the very first time have a hard time believing what they read … that these banks are capable of such deception. After all, we’re raised to believe our institutions are trustworthy.
But if you think back, even in a 1946 film, “It’s a Wonderful Life,” bankers like Potter stained society with their aberrant behavior and selfish greed. It’s always been with us and will always be with us, but learning to say “no” keeps these criminals in check.
Some might say “It’s just business” and others “There’s a sucker born every minute” and will believe it’s perfectly alright to pick their pockets. It’s up to US to point fingers and say “NO” as loudly and publicly as possible … in the media, online, in the courts and to our friends, neighbors, family, co-workers and anyone who will listen.
Our society has been defined by corporations and banks as strictly a source of profit, and when you define your world solely around profit, your end goal is to rob them blind at any cost.
That cannot be allowed to stand.
Fight … fight now … and fight hard.
Another email sent
Mr. Moynihan (or whoever is reading this),
I have just emailed President Obama the same message that I emailed to my governor and legislature(below).
I will be following up with the same message in type written format and it will be mailed to all of my representatives.
I am not targeting Bank of America specifically (other than to modify my loan in a timely and honest manner).
I am now targeting whoever is responsible for my (and countless others) emotional and financial hardship due to this unnecessary delay of almost two years as all greedy parties need to be held accountable.
I may one little fly that is an irritant but there is a large and growing number of flies and while you can swat one or two you cannot swat them all.
Bear in mind I have extensive and accurate notes since I began this modification process.
Susan (full name and loan # with original email)
hello everyone, I just read all of your comments. I had a remod with BOA and it was pure hell. payments never really went down. they made my house unsellable.
anyway my point is for a fact you and I have no chance of winning nothing. if people are serious, don’t pay anything. thats right,if everyone would just quit paying their house payments what are they going doing , cry to uncle sam for another bailout.
since August 2011 I have repeatedly asked BofA to identify the Lender of my loan, the location of my ORIGINAL loan papers AND a copy of that ORIGINAL loan paperwork complete with all endorsements. My loan is included in Trust GSR2007-OA1. They have been unable to do so, so I have NOT made a payment on my loan since Oct 2011 because they can’t come up with the answers. On Nov 30th they were served with a Quiet Title Lawsuit – they have 20 days to respond – at this point, they have 3 days left. It is PAINFULLY obvious to me that BofA has no clue who they represent and NO RIGHT to collect payments – what a scam – I feel sorry for all of those families that they have thrown out on the street without a second thought – I am truly enjoying aggravating each and every BofA employee I have spoken with over the past 4 months and that has been a LOT!
Cheryl, good for you!!! You really did your homework. You are absolutely right, this is all a big scam. We have all made payments to a criminal bank who consistently lies and swindles money and kicks out innocent families from their home. This is a crime that should be paid with prison time and not fines. I wish you the best of luck and please feel free to contact me at Isabel-1229@hotmail.com. I am currently in a lawsuit against this EVIL bank and I am still waiting for the judge to open his eyes and see the truth about the massive fraud committed against me and my family. I refuse to let Bank of America win, again.
Hi Cheryl,
Keep it up. The more flies buzzing around their heads the better.
I too have not had a response to my request for the original note.
check out the piggybankblog website too.
Susan
I have been trying to do a deed in lieu since August. BOA will not respond to me. I can’t even give my house back. I wish I was living in the state where the house resides. I could have lived there for free since June.
Latest from Susan:
I had a lengthy phone call from B of A today and was informed that my MHA modification review is for an MHA “in house” loan which is easier for me to qualify for than the regular MHA loan. I am still being told I will have an answer by the end of this month. As soon as I hung up with the B of A rep I received a call from one of the representatives of Senator Daniel Akaka’s office (Hawaii’s State Senator in Washington). He had read my email to Senator Akaka (which I cc’d to all my other representatives of course) and wanted to know how they could help me. So I am making waves and they are radiating outward. Senator Akaka’s rep said he is very aware of the modification and foreclosure issues with the banks and lenders and he is following it very closely. He said he is also aware of how many people have been affected (and have not spoken up). He was glad that I have taken the time to speak out and wishes that others would as well. Reach out to your representatives (all of them)! Hawaii residents you need to speak up not just for yourselves but for all of us.
Meanwhile I read this on the Mandelman Matters website. Have not had time to watch the podcast yet.
Mandelman Matters Podcast with attorney Shawn Newman:
Chances are Fannie or Freddie “own your mortgage.” If you are in litigation, you should follow up with targeted discovery requests to the servicer confirming the servicer does not “own” your mortgage. Moreover, you should inquire and demand any records showing Freddie or Fannie assigned the mortgage to the servicer. Servicers will point to Freddie or Fannie servicing guidelines which basically provide that the servicer forecloses in its (the servicer’s) own name. Given a mortgage is an interest in land and the requirement under the statute of frauds that such contracts be in writing, the servicer’s standing to foreclose can be challenged absent some proof that the mortgage was specifically assigned by Freddie or Fannie to the servicer. Legally, Freddie and Fannie must assign back the note to the servicer. In fact, Freddie has a specific form 105 to do so.
However, Freddie and Fannie’s guidelines have evolved over time and you may find that there is no such assignment in most cases. Unless there is a written assignment from the mortgage owner (Freddy or Fannie) to the servicer, the servicer cannot foreclose for the simple reason they are not part of the mortgage contract. Simply put, only the mortgage owner can foreclose on the mortgage contract. Moreover, if the assignment of the mortgage is invalid or fraudulent, then there is a “cloud on title” which should be identified by title and mortgage insurers. Knowledge is power so we need to all share what knowledge we have.
Susan
Anyone out there have this happen ?please respond:
I had ARM mortgage with countrywide started in 2007. I WAS NEVER LATE on a payment but I knew I couldnt keep it up and would eventually fall behind so I did all I could to keep current to eventually refi. In Feb 09 my 2 year wait without penalty to refi expired and I was approved for refi with another lender. Without notifcation to Countrywide that I was doing this, out of the blue (wow what a coincidence!!) I received a mod package from them stating all I had to do was sign forms/notarize, send in the required info etc and I was appoved with new fixed rate that made payments around $800 lower. I sent in the info and called few days later and they said they received on time ( I have FED EX slip) and to call back in a week. I did so, and now March was due, and was told I everything is in order, I have been approved and to hold off paying March and April and in May I start paying the NEW amount on my Mod letter. So i did. May comes and I realized I never receive an new updated statement reflecting new amount to pay etc (or even one with old amount).So I called and now Bank of America answers and says that I was denied and I now I owe March, April and May with late fees. They said I sent it in a day late-after afew minutes she no actually they received it in time,. Then she said it is becuase I didnt send in utility bill-again I was adamant that I did and same thing, they found it. So I was told dont worry. Just pay the new amount for May, June etc and they will straighten it out. Well by then I had cancelled my refi becuase the MOD was better offer (if legit) and now 2 months late on credit so I agreed. In July I get an ACT 91 letter from PA becuase I am heading to forclosure (ACT 91 is a program that will lend PA residents loan to get caught up if qualify). I call B of A and they said the lost my paperwork. They send another one. Tell me Im approved. Act 91 app gets cancelled.I Pay new amount.Few months later. Get Act 91 .Call Bank of america, lost paperwork.Get another Mod package. Get approved. Months later get ACT 91.They lost Mod paperwrok….well you get the idea. This happened 5 times!! On 5th, one I didnt sign MOD, refused to pay new amount and this time had emails from them saying I was approved and then emails saying that they lost paperwork. VERY long story short (we are in Aug 2010), I then googled high up contacts in B of A and sent details/timeline from get go with names, dates, copies of emails and threatend to go to USA Today and the local Philly tv media/papers with story.Suddenly I got some help and got approved in ACT 91 program (great program). As of last March Act 91 loan paid the settle amount back owed and the rest tacked on to the end. Ther have been a few screw ups here and there but so far so good. I am waiting to hammer to fall and I truly belive it will. Can you blame? I believe, not only should some of the back balance be adjusted to the lower fixed amount I was promised initially and my credit be adjusted, but I am owed something for the stress/anxiety, time missed from work being on phone, work perfomance effected by sleepless nights and feeling overwhelmed, higher rate on car loan due to credit being shot, depressed,feeling overwhelmed etc etc. Sorry so long.left much out to. Had to vent. Can I join this lawsuit?
AJ …
I hate to be the one to point it out, but like so many of us, you’ve gone through this with several misconceptions.
1 ) First and foremost you went quite a while believing the bank would do the right thing, like most of the rest of us. This is a HUGE mistake. Doing the right thing isn’t even on their radar. That’s not what their stockholders, boards of directors and executives expect. The primary (and some would say “only”) objective of banks is PROFIT, and these days it’s not just profit at any cost, but FAST profit. They’re no longer willing to wait the term of the mortgage and will cash in any way they can, from mortgage insurance to buying the home at the auction and reselling.
2 ) Next, they couldn’t care less how stressed you are or what this has cost you emotionally. In fact, strike that, they’ve BUILT IN stress and anxiety, as well as shame, embarrassment and guilt to drive you out of your home. It would be nice if some bank executive grew a conscience and whistle-blew the fact that they’ve designed the system this way from the beginning.
3 ) Also, they’ve designed in “feigned incompetence,” meaning it only LOOKS like they’re stupid, losing documents and dropping the ball with processing. Any first year law student knows that you can’t look malicious to a court … blatantly driving people out of their homes … but courts will forgive incompetence and what looks like stupidity. Many if not most of the employees don’t even realize what they’ve been trained to do … and make no mistake … they’ve been INTENTIONALLY TRAINED. Banks don’t spend hundreds of millions of dollars to train their employees incorrectly. Banks are getting exactly what they want.
4 ) Just as importantly, your concept of law suits and the legal system is WAY off, like most of us came here believing. Class actions should be your LAST RESORT, not your first choice. Not only that, there isn’t a suit simply to sign up for. That’s not how this works. For the most part, people simply want to keep their homes, get their mods and get on with their lives. Law suits won’t generally do that. Besides, if you sue, the bank will likely drop your modification like a hot rock since you’ve become a “litigant” … and they have ways of taking your home while you’re in court … or driving you out of your mind and out of your home.
PRESSURE … and pressure that they respond to … is the only way to force the banks to perform. They will NOT respond to you or even your lawyer. They will ONLY respond to institutions and agencies they are responsible to … entities far more powerful than you … and they even have processes to handle low-level court cases and class actions.
In fact, they LOVE class actions … bring all the whining home “occupants” under one suit and shoot them down with one small legal team. It’s a banker’s dream … low-cost profit. They have access to legal talent as far as the eye can see and know every nook and cranny of real estate and civil (statutory) law.
I would STRONGLY suggest you read through this forum/blog to see what other people are doing to educate themselves and fight this thing, but also research and learn how all this ACTUALLY works. In particular, learn about “filings” as opposed to law suits, which asks a court to FORCE the bank to stop doing something it shouldn’t or makes the bank do something it should be doing.
Also … get your governmental agencies, law enforcement and political representatives involved. See my list of contacts on this page.
I can hear the anger, confusion and frustration in your post, but turn that energy into something constructive and hold the banks’ feet to the fire, and that “fire” is NOT your anger, confusion and frustration, but real honest-to-god pressure.
Learn to fight … then take no prisoners.
Footnote to other readers —
As you make your complaints to agencies, law enforcement and politicians, let them know that “settlements” are UNACCEPTABLE and PROSECUTIONS and JAIL TIME are the only things that can fix this thing permanently. This plunder and fraud needs to END, now and forever.
Period.
Dan S.
thank you for responding and many thanks for putting this site together.you are smart man I can tell. Well put and very informative. you are correct about anger frustration etc. Im not looking for money ( I would take it) but for retribution and JAILTIME is just and correct for these ummm people.
you had mentioned the banks feed on embarressment of the situation, but I didnt have that. But beside the obvious fear of losing my home, the frustration and hopelessness trying to prevent that from happening effected my life and mental wellbeing.
It had me to the point of giving up and not paying other bills even having the drive to get out of bed to go to work and if I did go to work I was there in body and not mind. I also found myself drinking heavily and often to forget. Family and friends noticed and asked why I am like this and the best to desribe to them how I felt was “imagine if you were standing on a beach and a 500ft tidal wave is coming at you and all you have is an umbrella and how useless the the effort is to open the umbrella” that is how I felt about going to work ,paying bills, taking care of myself etc.Im curious if others out there have that same feeling or Im just weak emotionaly.kidding but not really.
I would like to add that the embarressment shame guilt factor you had mentioned doesnt apply to me because I was current and only took advantage of the offer to modify presented by countrywide becuase of my ignorance of its fraudulance. I felt as if I was being violated and robbed of everything and there is nothing I could do about it. So maybe that is why the situation put me in a depressed state. HOPEFULLY others arent go going thru the same.
AJ …
Sorry to hear you’re going through all that … and you should know that you’re not alone … far from it. What you’re experiencing, I’m convinced, is a huge part of the banks’ plan … designed from the beginning.
But before I get into that, I need to make an important correction … I did NOT put this site together. I’m merely a homeowner like yourself and found this site nearly two years ago. I participate to [hopefully] pass on what I’ve learned in my situation to help others, and help bring information others learn into focus.
Even though the American culture has grown away from it, we’re all in this together, and even that idea itself needs “promoting.”
As a WWII reenactor (correspondent/photographer), I am more than familiar with how thight-knit communities were during the war and how people pitched in selflessly to end the fascism of the time.
Now it’s our turn.
Fascism is back … in spades … and not just in our own back yard, but in our FRONT yards right in our faces … and it’s our own people … “domestic enemies” … taking our homes right out from under us. There are no planes, tanks and guns … save the Sheriffs … many whom have been tricked into believing they’re doing the right thing.
One thing is clear … the banks know full well that emotional trauma is far worse than physical attacks … and much harder to prosecute … and are using that tactic as a tool to get their wholly immoral profit.
I’m no doctor or professional in psychology, but it sure sounds to me like you’ve developed PTSD (Post Traumatic Stress Disorder) from all this, and I’m convinced that’s what they have in mind for all of us.
Frankly, I’m not all that much of an “amateur” with such things since I work with emotionally and mentally disturbed young adults from the slums of Philly and deal with PTSD every day. It’s not that hard to spot in this circumstance, and even easier to see why the banks consider it a valuable tool.
Watch yourselves folks …
… these people are insidious.
I was approved for a mod by Bank of America. However, the payments are 100 dollars more a month they they were originally. I was 4 months or so behind on a 308,000.00 dollar. Loan. It was originally a countrywide loan. It was a 3 year arm. They said as long as I stay in the mod program I was safe from forclosure. I did. For 1 and a half years. I went to the local hud agency and brought in a credit repair company. I gave them my consent to speak with B of A and had them pushing them from all sides. Requesting paperwork from them. They finally gave and offered me a refi that increased my nobly but took care of the arrears. They also fixed my interest payments at 7%. I am not happy with this. I had 700 credit score which is now 580. I had no medical, credit cards or other loans just my house and truck payments. They said I had to go behind to get help. If my mortgage flexed I could be looking at a extremely high payment that we couldn’t afford. The other banks weren’t refi because of market. They wanted a large down payment or more equity in my home. I was forced into this. Now what do I do? I want to know if there is a lawfirm that is not looking at 1500.00 dollars or more to go after them. If there is a site I can go to to sign up for a class action suit. I am current on my loan but I can’t keep these payments up. It is more then we had to being with. I am tired of lawfirms that only want to take your money and not do anything. I hate this. Where do we go?
I am one that BOA promised a HOME MODIFICATION Loan to and everytime I would call them about it they would transferr me here there and everywhere and in the end said I did not qualify! I lost my home my pay off was $43,000 and they took it from me and auctioned it off and got $98,000. I did then and strongly now feel they OWE me…can someone please tell me where to start, is there a # for an Attorney in this case or would I need to get my own attorney “HELP”
Denise/Brandy —
I’d strongly suggest you read through this forum … at least this page and the two previous pages … to educate yourself on a few things that might help save your home.
AJ,
Well put – and yes criminal charges and jail time are more than appropriate though it will never happen since the banking industry is so deeply tied in with the federal government. I too am interested in retribution. I started out just wanting to modify my loan. Now I am feeling that some compensation is due for the two year delay (longer for others) due to the lies told by the bankers, and Fannie Mae, etc. This is just one area of so many where deceit and greed prey on those who still believe in the “system”. Is the best we can hope for that our Senators and representatives will “really” address this? They are part of the system that the majority of Americans are losing faith in.
Don,
There are so many of us out there. What can we do as a group instead of as individuals? I saw a petition going around but it did not get enough signatures. How can we be heard as a group????
Susan
IT IS SO SO SO IRRITATING TO SEE ADS FOR B OF A ON THIS SITE – ONE OF THE GREAT IRONIES OF ADVERTISING!
Susan …
There’s been a lot of talk about group action on this board. Unfortunately … and the banks KNOW this … we’re “fragmented” by a whole slew of things.
“Logistics” is one of them … we all live far apart, don’t know each other, and have few ways of actually communicating well. But also, the web provides “anonymity” and we as a culture have relished being anonymous on the web … keeping us from getting close enough to become a true community helping each other.
Some groups ARE getting together, but they’ve found ways to beat those “logistics” and communication issues.
My effort here has been to unify people through things we have in common … law enforcement, governmental agencies, elected officials and the media. See my list farther up on this page.
In many instances, we may “act” individually, but when we’re contacting the same agencies, politicians and law enforcement in higher numbers, we automatically “group together” simply by passing the same message or complaint.
This is no secret to the banks either. They KNOW that our coming together in ANY way is to their disadvantage, and will discourage or terminate it wherever and whenever they can. They WANT us to be fragmented and not communicating. The only exception of coming together being a class action lawsuit, where they can shoot all their ducks MUCH easier in one barrel with just a couple of lawyers. Hundreds, thousands or even tens of thousands of individual voices (or suits or filings) TERRIFIES the banks, since they don’t have the resources to squelch that.
So … anyway … one suggestion I have for “so many of us” is USE YOUR GOVERNMENT for what it was intended … PROTECTING OUR RIGHTS AND INTERESTS.
That’s their job.
FORCE them to do it … EMBARRASS THEM to do it … or simply ASK them to do it … but do whatever it takes to get them to protect the people they’re SUPPOSED to be protecting … the citizens and homeowners of this Republic … and NOT the nameless, faceless, greed-racked, morality-void corporations behind this nationwide outright confiscation campaign … robbery on an unfathomable massive scale.
Lastly … and this is critical … inform and educate people NOT effected by foreclosures … people who simply don’t believe it’s all that big of a deal, or really don’t care. THEY are the “true enemy” when it comes right down to it.
This situation GREW FROM APATHY, since few cared what these mega-monster home-gobbling liars, cheats and thieves were actually doing.
The people who are NOT pointing out the pick-pocket in the crowd are as much or more to blame than the pick-pocket. Being INtolerant of things like this should ALWAYS be part of our way of life.
We will ALWAYS have criminals, banksters, liars, cheats and thieves … but it’s up to US to keep them in check, pointing them out and DEMANDING they be held accountable … and FULLY accountable.
That “us” is each of us, individually … caring and not keeping silent … being aware and engaged … and saying “NO YOU MAY NOT” at the top or our lungs, right beside our family, friends, neighbors and co-workers … anyone and everyone we can wake up to this.
THAT terrifies the banks … and far more than lawsuits, courts and judges.
By the way … Dylan Ratigan has a good start on the “group thing” … stripping ALL corporations of “corporate personhood” and removing corruption-influencing corporate dollars from the hands of your government officials.
See — http://www.getmoneyout.com/
i’m in my last month of my loan mod – so i expect the fire works to start soon –when they do i will be filling a QUIET TITLE lawsuit== my bank is BOA also== i think all of you should also read up onQUIET TITLE., YOU ALL WILL BE VERY SURPRISED BUY WHAT IT EN-TAILS. i already wrote BOA to produce my note -they replied no they don’t have too, well my lawyer says otherwise– after further inquries we have found a lot more interesting BOA has been doing wrong == google ” QUIET TITLE ”
In 2008, I began the process of having a loan modification from B of A. In 2009, I finally surrendered and filed bankruptcy. On Feb. 5, 2010 on my way to the trustee meeting B of A called me. I told them I would mail the keys back to them as I moved out of the house and I was going before the judge in one hour. My BK was finalized April 2010. Since I moved out of my home when I filed BK, in Dec. 2009, I stopped paying HOA dues since I no longer lived there. Fast forward to Dec. 23, 2011 I was notified by Allied Trust Company hired by the HOA they are suing ME for $5,300 in HOA fees going back to Dec. 2009. B of A did not take my name off the note until Nov. 2, 2011 when they “Foreclosed”. How do they foreclose on their own home? Since they owned it, I am assuming that is why I was not informed of the foreclosure? After numerous phone calls to Bof A in the last 2 years it was not until Allied Trust said they were auctioning off the house for the past HOA dues that B of A removed my name off the title. Allied Trust tells me I am responsible even though the BK court in California awarded BofA the home in April 2010 when it was finalized. I told Allied Trust I will NEVER pay them they said they would take me to Superior Court. I told them to skip ahead to the Supreme Court and I would meet them there. B of A should be paying the money not me and by the way, if I get sued, sounds like I will, B of A will be paying me more than $5,300. Anyone else have this issue or advice of class action suits like this? Does anyone know if I was legally supposed to have recieved notice BofA was foreclosing on their own house that had my name on the deed?
Connie …
I’d strongly suggest you read through this forum … at least this page and the two previous pages … to educate yourself on a few thing that might help save your home.
Hello Don,
Merry Christmas to you and thank you for excellent information and suggestions you provide to so many of us.
Susan
Thanks Susan! … and wishing the same for you and yours!
Don S. – I need to echo Susan’s thank you for your info and suggestions. I also want to add that just being able to discuss this nightmare, or vent for that matter, with those that are experiencing it as well is almost theraputic.
For instance when I was typing my original post describing what this has done to me mentally , I thought I was describing something akin to PTSD (Post Traumatic Stress Disorder) and I instantly felt I was being dramatic and was embarressed to myself to even put my situation in same sentence as somone who has sacrificed themselves in defense of our country, but when I read your response mentioning it I feel more comfortable now that its possible the experience has caused some kind emotional trauma and its not just me not being able to handle it. So thank you.
AJ, I have also been traumatized by Bank of America’s unnecesary abuse. Believe me when I tell you that once I almost had a STROKE or possibly a mini stroke on the phone talking to one of their evil elves aka Bank of America representatives. I became so very upset at what I was being told once on the phone in the form of a threat that I became angrier than I have ever been in my life. One side of my face began to feel numb, my eye began to twith and that side of my face started to become distorted. I also had heart palpitations. I was also having difficulty talking at that point even though I did tell the rep on the phone that they were CAUSING me to have a stroke. I know for a fact I was starting to have a stroke! My husband arrived at that moment, I hung up shortly after that. My husband wanted to call an ambulance and I said “no” because of our high deductible if I went to the hospital. I must have been crazy at that moment by thinking more about my financial disgrace than my life. My autistic kids were hysterical and crying. I wish my kids wouldn’t have seen that. I tried to become as relaxed as possible. In less than 10 minutes after the episode started, my face began to go back to normal and I started to have feeling back in my face. My husband’s aunt who is a nurse arrived after my husband quickly called her and she began to do some massage therapy on me and it helped me feel better. My stress level due to Bank of America was so overwhelming that my body could not take it. I became very agitated every time I would get one of those threats in the mail also called “Notice of Intent to Accelerate”. The worst part is that they would threaten to take my house if I did not fork up cash that I did not owe. They would say I owed 4 months when in reality I only owed 1 month and it was only because they told me I HAD TO default in order to qualify for a loan mod. I was being robbed and I had to just take it up the wazoo?
Sorry for the long story but there is actually much more. I become agitated, tearful and monster-like everytime I TALK about BofA and what they put me through and therefore it is much easier for me to WRITE about these monsters and therefore vent.
I have been seeing a psychologist for well over a year now to retain whatever is left of my sanity. I became suicidal and my husband threatened to institutionalize me if I did not psychological help. My psychologist truly believes that I have PTSD due to this experience.
In addition to this horror story, I acquired Fibromyalgia during that horrific time in early 2009 due to the inmense stress that was caused by the EVIL Bank of America. I am also seeing a Rheumatologist for the fibro and my medical expenses are high due to BofA’s negligence. Just to think that many people are very ill or even dead due to these criminals: http://online.wsj.com/article/SB10001424053111904199404576538293771870006.html.
AJ, you are not alone. You can contact me anytime at Isabel-1229@hotmail.com. I wish I could type something everyday on this forum but sometimes my bad health takes the best of me.
I would like to take this opportunity to sarcasticly thank the Academy of Banksters and Criminals which includes Brian Moynihan, Barbara Desoer and the rest of the corporate criminals and low-life representatives that crossed my path at Bank of America for trying to destroy my life and for greatly decreasing my quality of life for as long as I live. Thanks a lot Bank of America, you will pay for everything you have done to innocent homeowners!!
Thanks Isabel and i wish you the best
Cenk cites a Reuters report on bank criminality …
youtube.com/watch?v=L-yqXnzBmLk
Hello All,
Below is a copy of my most recent email to my Hawaii reps and Brain Moynihan. I email them on a regular basis for what it is worth.
To: kehau.yap@mail.house.gov; herkes4@capitol.hawaii.gov; dangm@aloha.net
Subject: Modification and Foreclosure “Crisis”
Date: Tue, 3 Jan 2012 08:56:10 -1000
Hello,
It is now 2012 and the modification and foreclosure scheme is getting more and more publicity and is being exposed for what it really is.
I have not heard from B of A regarding my modification and I am now beginning to understand why. My loan was filed via MERS and was securitized. Below is an exerpt from National Mortgage Investigation (nationalmortgageinvestigation.com) regarding MERS. As representatives for the people of Hawaii who are either still trying to modify (like myself) or those who have already been foreclosed on please take the time to go to this website and read some of the info there. I have been doing a lot of research myself (from leads gained on two of the most popular blog sites). I am appalled at the large scale fraud that has taken place against borrowers and it must stop. I know that that our Hawaii representatives are concerned for Hawaii residents and it is appreciated. I emailed Senator Akaka and received a call from one of his representatives who seems concerned about this major issue as well. I will be signing a release form so Senator Akaka’s office can assist me as well. However it is not just myself that I am concerned about. I am concerned about the countless others that don’t know what is really going on. Please keep me updated as to the recent regulations that are being considered or implemented and please help all of us to continue to have faith in our government and it process.
I started out only wanted to modify my loan out of an interest only loan. Almost two years later my excellent credit score has been downgraded and I am suffering emotional and financial turmoil. I no longer feel that just a modification is in order. At this point those of us who have been subjected to this “mess” should be seeking additional financial reimbursement from those responsible.
Susan
Susan …
I strongly suggest a stamp … certified … return receipt … and add the parties I have listed above on this page.
Paper get far more response than an easily deleted email.
And when you finish the letter, be sure to list all your “carbon copy recipients” (CC) at the bottom so everyone can see who else is being informed.
In fact, I’ll repeat the list —
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
U.S. Department of Housing and Urban Development
Attn: Fraud, Waste and Mismanagement
451 7th Street S.W.
Washington, DC 20410
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)
The Bank of America can kiss my ASS! Its tough to sit on the side and watch my parents struggle while the jerks at bank of america lie about not receiving paperwork and other notes that are “needed” in the process of getting a home loan modification. Time and time again my parents have re submitted papers and done everything the bank has asked. 2 years later they call us and tell us that things have gone through and we got the mod and they will be sending us papers. 1 week later they call and tell us that things have changed and they need more paperwork. I truly wish that the people high up in the corporation could see the hell that they put people and families though. its one thing to tell people up front if they have the mod or not but to keep them waiting for two years and wasting their time and adding to their everyday stress is not right.
I have been struggling with BOA now for atleast 15 months with the making homes affordable plan, which I was approved for, went through the trial periods, signed and notorized the paper work several times, signed up for weekly direct from my bank account payments and was told it takes 60 days for the payment plan to activate. That was in August 2011, so I had to make pay by phone calls weekly until October when the payments activated. It is now Jan 4 2012 and I have recieved my first communications from BOA that I dont qualify for direct withdrawl payments. So come to find out now I have not payed on my Mortgage since the last week of September 2011, nor recieved any collections calls from them. Now as I try to call BOA I get switched from department to department over and over again. I swear they are intent on trying to default my loans as was the notice recieved in the letter and ruin my credit for life. I am at my ropes end with them and looking to pursue courses of action against BOA.
Austin …
Your frustration is precisely their objective.
That’s the way “legalistic” people think.
Right and wrong don’t enter into it … unless you consider “winning” the only “right.”
They want the house … period.
The scale has tipped to the point where they need the house and your parents are simply in the way.
They are using emotions against you.
They are using both the letter of the law AND making up rules as they go along to get the house.
Well, technically, that’s not true. They know full well how to make you crazy, frustrated, exasperated and generally out of your mind with a slew of processes they’ve pre-planned into the system they’ve carefully concocted.
None of this is an accident.
None of these things are a mistake, arbitrary or the result of incompetence.
The things you express in your post indicate that you’ve expected the bank to do the right thing.
Wrong.
The only obligation they see is for fast profit.
That’s what their executives, board of directors and stockholders expect.
A roof over your parent’s head is a nuisance and a stumbling block to that profit.
“… their everyday stress is not right …” is the correct moral perspective, but it has nothing to do with the “legality” of what they’re doing. The “law” couldn’t possibly care less how you “feel” about all this, just whether you have the political power and legal savvy to defend their home.
Expecting them to do the right thing is a useless waste of energy …
… unless you’re holding a legal gun to the banks’ head.
Think about that.
hello,iam writting the comment because i have been rip off by the supposing to be the most prestige bank in american.The bank of america mortgage should not be able to scram people her in american out of their homes. I have been dealing with (BOA) for the last two in half years trying to get a modification all i can get from them is you are still in review ,so i contacted a attorney thinking this would help but the to rip me off last year for twenty -six thousand dollars. On december 15 a letter of notice that my home was sold to a realtor in the Houston Texas. I contacted the Mortgage law firm and explain to themwhat was going on and then faxed the paper work over to the law firm that i had pay money to to help save my home as they promise that they could get me a modification and lower my payment from 986 t0 660.50 a month. however iam faced with no where to live iam disable not able to work sence 2009 of june.Iam disable with a mental condition thar reguires that i take medication three times a day,also iam under doctor care a physiology regular .PRESIDENT OBAMA did not give them billions of dollars to not help families lose their home .yes i would like to be a part of the class action law suit .please please,please.I pray that with everyone coming forward about their situation that something can happen to the people that in the adminstration office of bank of american so they can not work for another institution and commit this type of hardship to families again.
I am printing my most recent email (above) and mailing it to all the addresses given to me by Don S. Everyone – please do the same. I know so many of you are active and want to be active. This is the best way. It takes time and follow through – it is exhausting but we have to do it!!!!! Read the great info on the piggybank blog site. Try to correspond via email with each other. Try to find others who don’t know what to do or where to begin. What a great way to help others who are frustrated and ready to give up.
I am still looking for borrowers in Hawaii who have lost their homes to foreclosure or are in the endless “modifcation” circle. If we don’t act quickly it seems most likely that the lenders and bankers will find ways around the MERS mess, the chain of title issues, and anything else that stands in the way of their “investor’s” profits!!!
Susan
im from ohio i had a surgry last year on my leg and dr didnt think i would be able to return to my job so i called my bank and told them i needed help and they said just make sure you dont get three months behind we will send you paperwork for modifcation this was in sept last year oct comes around i got this letter from boa saying we bought your loan so i called boa ask lady on phone well where do i send my payment too i have no info on this letter she stated you have to wait untill your loan documents are in our computer and that could take 60 too 90 days and we will send you a statement in mail i was like what i never heard such a thing so i waited january of this year i got my statement 600 dollars more a month they said i didnt have insurance fought them over that they so stupid they didnt even know how much land i owned then i got tax bill which that added in my loan i called them hundreds of times trying to get someone to listen and got the run around u have too talk to this person that person well nobody would listen,so one day i thought ill try one more time to get through too these people and some guy who thought he was gonna push me around told me if i didnt pay all this money and late fees im sitting in forecloser statues so i told him you do what you have to do because you aint listen too me!! well this is what im gonna do for you!!! you will be hearing from my attorney he stated i hear this all the time well guess what its a fact i hung up got ahold of my attorney and after i did that they called me wanting to make it right i said talk to my attorney phone calls kept coming in so i had enough of it my attorney put a c and d order they cant have no contact with me!!!! so im gonna push this all the way if they dont make my loan right and if you guys dont mind if it does go too court can you email me all your stories cause i will print them off and use them in court i have had all i can take the more people who will stand up too these people the better we bailed them out and they want our homes aint gonna happen on my watch!!!! lawyer up people if you can!!!! my email is astab_4@hotmail.com
Hello,
If there are any Hawaii residents on this site that live on Oahu please come to the meeting (info at the end of this paragraph) in Haleiwa this Saturday. Congresswoman Mazie Hirono will be there to listen to issues that are affecting Hawaii residents – this is a good time to let her know what has happened with your modification request or foreclosure. It would also be a good way to meet others and network.
Susan
Congresswoman Hirono is kicking off the New Year by hosting the latest in her series of “Coffee Talk with Mazie” get-togethers in Haleiwa this Saturday, January 7th at 1:00 p.m. Location Waialua Community Center across from the Post Office in Haleiwa.
This is a critical time for our country and it’s vital we include your voice in the decisions being made.
Hope to see you there!
Please forward the information to anyone you believe would benefit from being at this meeting.
Mahalo!
Marvin
Marvin Buenconsejo
Communications Director
Office of Congresswoman Mazie K. Hirono
If you live in Texas and want to file a class action foreclosure suit, I located the following attorneys:
Middagh & Lane (Houston,TX) 1-888-843-5997
Robert Doggett (Austin, TX) 1-800-369-9270 (512) 374-2725
Atty. Doggett recently filed class action suit against Bank of America
on behalf of 15 clients stating unfair practices.
Nita,
You should read through all the previous emails as well as visit the piggybank.com blog website with John Wright and Fadie Areny.
The banks want you to join a class action lawsuit as it is easier for them to take everyone down in one fell swoop. Though more costly it appears that the best thing you can do is hire a mortgage litigation attorney.
It is far more inconvenient for the banks to have to respond to hundreds of thousands of individual claims than it is to a class action lawsuit. Not good news for those of us who can barely pay our mortgage as it is.
Susan
Well Susan …
There’s also filing “pro se” which is without an attorney. It’s a lot of work to learn, but no different than learning anything else. Even if it’s just to get started, or to file one injunction, it CAN be done without a lawyer.
Everyone should watch Too Big To Fail. It covers how the government came up with the TARP and HAMP programs and how they forced the banks to accept the money and their reasons behind it.
Aloha Susan
i am on the island of hawaii, and have been
traveling through the B of A extravaganza
since march 2011……….what a joy !!
Contact me if you would like
Hello Scott,
I attended a “coffee talk” session with Mazie Hirono in Haleiwa on Saturday. She is very aware of what is going on and has two assistants helping herwith this issue. Email me and I will get their info to you.
ssseahorse@msn.com
Susan
I live in Georgia and this same thing happened to me in 2010/2011. Months of faxing and re-faxing because they said they didn’t received the information. This went on for 7 plus months. Every time I would called to check on the status of the loan modification I was assigned to another rep. or the loan was in review, until one day I called and they told me I was denied. I have kept all the paperwork and the faxes, and the e-mails from BOA in hope that something would be done. Does anyone know of contacts in Georgia?
Fraud, fraud, fraud, fraud …
http://www.huffingtonpost.com/2011/12/22/federal-prosecutors-mortgages_n_1164866.html
New York State Supreme Court Judge —
” … every MERS mortgage is defective, a piece of crap.”
http://ashworthpartners.com/it-appears-that-every-mers-mortgage-is-defective”-a-new-york-state-supreme-court-judge-harpers-mag-via-barry-ritholtz/
Now THIS is interesting …
“Nevada Lawsuit Shows Bank of America’s Criminal Incompetence” …
… and more …
http://wakeup-world.com/2011/09/06/full-blown-civil-war-erupts-on-wall-street-financial-elite-start-turning-on-each-other/
My wife and I are senior citizens and both work. Our experience with BOA has been just awful. I was out of work due to a stroke from 2007 to 2010. We have had to retain an attorney to hold on to our house and hold BOA accountable for completing the loan modification.
However we have had a foreclosure with no papers served until after the property was auctioned on the Courthouse steps.
We have second property in Florida and the mortgage has been caught up but they have sent me THREE different amounts which are due Jan15th. No one knows anything. I have had 5 relationship managers since Nov. 10, 2011 only one of whom contacted me when I contacted her.
I even had the Office of the CEO and President contact me after we sent a registered letter to the President. She called once allegedly
listening to my concerns about payments. Now I have the 3 different amounts due as mentioned above.
I need to join a class action suit as I am not getting anywhere and I have foreclosure papers flying everywher on properties that are caught up.
I hold BOA responsible for the added stress in our life because there is no help from anyone at the bank.
Richard …
At 55, I’m not far behind you on “senior citizen.” I was also raised on principles of our culture and expectations of our institutions with which you’re probably also familiar …
That they’re there to look out for our interests.
They’re not.
Unfortunately, they never have been.
It’s all been an illusion.
These days the volume is just a little higher. They’re turning up the pressure to grab more and more of our lives … and money … simply because they can.
Problem #1 with your request — There is NO lawsuit simply to sign up for. That’s not how this works. All those years of believing class action lawsuits slap a big bad corporation into line were a lie. It’s simply not true.
For your own sake, please read through this page of posts. Both myself and others point out many of the illusions we’ve lived under and how we can self-educate to fight this thing.
Once you’ve finished with this page, should you care to read further back, simply click on “Previous Comments” in light blue at the top or bottom of this column.
Based on your last statement, be sure not to miss the discussion of stress back just a few posts.
They do it intentionally.
Best of luck and Fight the Good Fight.
I would like to join a class action lawsuit against bank of america! i have had enough of BOA’s lies,and deceptive practices!!!! over two years, and, nothing,…even after conplaining directly to the BOA office of the president,…twice!!! approved in 2009 for the making homes affordable loan,…made seven or eight payments,…then was told that BOA had “LOST’ my paperwork, and, that i would have to re-aply all over again!!!! if a PIT-BULL attorney,who is involved in a class action lawsuit against Bank of America reads this,…e-mail me ASAP!!!!! there’s More to tell!!! I need help NOW fido!!!!!
David …
It would be nice if the system worked the way you imply in your post …
… but it doesn’t.
In about two years of posting on this blog/forum I’ve only seen one or two attorneys post, and NONE (to my knowledge) are taking cases from these posts.
In fact, except for a few instances nationwide, lawyers are running AWAY from these cases as fast as they can. The banks are simply too “high powered,” and lawyers are intimidated. People who post here have reported going to a dozen or more attorneys and many are being turned down for exactly that reason … or given no reason at all.
But also … a class action is not necessarily the best route, particularly to get you what you want, which is likely your modification.
I can tell from the anger and emotion in your post that you’re LIVID about how you’ve been treated. Most people come here that way … fed up … but there’s a bit for you to learn about how this actually works.
For your own sake, please read through this page of posts. There’s a wealth of information that will help orient you is a good direction, from both myself and other contributors who are going through this.
Turn your anger in a constructive direction.