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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For Karen and everyone else who has fallen victim to this loan modification scam, thre is already a case won regarding loan mods. One Georgia judge has already found a bank guilty of accepting
billions of dollars in HAMP money, but not following through on modifications as agreed (see Otis Wayne Phillips vs. U.S. Bank, NA Case #11-CV-00504))
We all know that Bank of America is a thousand times more malicious and fraudulent than US Bank so therefore it should not be difficult to prove the massive fraud committed in masses by BofA against homeowners. Hey, all anyone (especially a judge) has to do is read this blog and they will have hundreds if not thousands of victim’s stories at their disposal.
Oh, yay. Thanks for that information Isabel! Tomorrow is my illegal foreclosure sale, and they still haven’t called to let me know what their decision on my modification is (as if there’s any doubt what it will be).
I’m utterly exhausted. Defeated. I still can’t get past the fact that they truly stole my house. I was current on my payments when I called them to let them know about my husband leaving. I didn’t even know about the modification – just doing what my friend told me to do “in case” they could help me in some way.
During that phone call is when they told me of the program, took my information, and told me 1) stop paying on your mortgage, 2) you can’t rent your house out, 3) you can’t put your house up for sale.
The decision would only take 30 days, according to the rules, so I figured even if they denied me, I could still pull in a renter or two and get my payments made. I NEVER would have guessed in a million years that this huge corporation just reeled me in in order to steal my home out from under me. There is no punishment great enough for these people for what they’ve done to us.
Can they produce the note?
foreclosuredefense.com/foreclosure/what-is-the-%E2%80%9Cproduce-my-note%E2%80%9D-strategy/
i have been trying for a year to get my loan modified but every time i get close to finishing on the modification they would eather tell me they had move my claim to some one else or they would change the person working my claim or they change the forms. this is been going on for over a year. i need to know who i can contact to help me with this claim. e-mail me at mikeet50@yahoo.com thank you for any help i can get.
Exact same thing happened to me and my husband.
BOA is a well-planned CRIMINAL enterprise1 everyone needs to INDIVIDUALLY SUE these BANKSTERS! A class action lawsuit is mush more favorable to these criminals! It will really hurt them time/resource/money, etc., if we can each sue them on an individual basis. I have been railroaded in a similar fashion as most on this website & I just received a foreclosure notice last week. Almost every borrowers’ original mortgage note was securitized immediately after closing, which began a string of FRAUD & other ILLEGAL activity, which everyone needs to research & document to build your own individual lawsuit. You can easily find a ton of good info on foreclosure defense & AGGRESSIVE attorneys to assist you, do this NOW!
iam in new jersery bank of america did the same thing to me is their a lawsit we can file
Cindy …
Please click on “Previous Comments” in light blue and read AT LEAST the bottom half of the previous page of posts.
I want in on it if there is .
Hello my name is Adrian Groves. How do i contact the attorney’s who is handle these type of cases? I BELIEVE I HAVE A VERY STRONG CASE AND PAPER WORK TO PROVE IT!
Dear all Home Owners,
This so CALL “Morgage Foreclosre, Modifications, ore Class Action Law suits” are Bank Of Americas way of Getting your information! Ifd you deal with Bank Of America without an Attorney with a so Called Modifixation, or a Forebeareance Agreenement, it is just another way to get “your Information” that the banl does not have”! * GET AN ATTONEY,ASAP! I filed out the “HAMP”, Or better known as a “Government Hope Program”, That I PAID OVER $17,000, , Plus paid 11 Months of PaymentS, and the “Forebearce agreement of 9% Interest with my regular payments were $1,s9526, then Changed to $1,353.68 for 6 monthd to see if I. Could make my payments! A Month before the last 6 payment. I was told to keep making my payment and by September, because that was when the NEW “Government Hope Program”-I would be able to get my interest down to 4% interest rate, and my payments would go down from $1,495.26 to $700, or less! So, I kelp making my payments from August of $1,385.69 until I called in July to make my payment, and I was told that theGovernment Hope” came in Early, and I had to tell them was our finaces were, and I said that was GREAt, But, Go ahead and take our House Payment, But they Refused to take my house payment, and then later, I fine out, YOU HAVE TO Be BEHIND, Before they cane put you on the “HOPE” Program! I knew I was set. Up! After paying $17,385.68 and 11 months of payments, they Refused my Payment, Then Later I got a letter that “Bank Of America” had purchased our loan, and we had been pating our own Insurace, our own Taxes, But, Now, Bank of American had purshased our house payment, AND NO Record we had paid the $17,383.68 , or the 11 months of payments! For 3 month After my Attorney had sent them a letter Requesting my NOTE, and ALL The pAper work of my Loan, and Still no loan papers, and that is why I had gotten several Letters to “SEND THEM MY PAPER WORK” my loan has been Sold so many tmes, we believe this is the problem with all the LOANS! * WHAT EVER YOU DO, NEVER GIVE THEM PROOF You have a loan with them, Because If they cannot Proof they OWN YOUR LOAN, They do not have a Case, But “NEVER” Tell them this, and …GET AN ATTORNEY! Watch what you put on this site, BecAuswe it is “BANK OF AMERICA’S SITE”!! Good Luck, and God Bless! Remember, they had NO record of my $17383.68″ Payment, and They wanted it by ” Cashiers Check” and it is very easy to loose a recipt of a “Chashiers Check! Always to make atleast 4 or more Copies of your Payments, and the best is out of your Bank Statemant is the BEST! GOD BLESS! SHA
I am new here and am floored at this all, I, 8 weeks ago filed for a modification only to be given the run around then finally told I was denied this past Tuesday , Actually the did say i qualify for a 3 month forebearence and sent out documents, but i have never recieved anything.I have lost 50% of my income, but after reading all of these stories I am going to simply document what I’ve been through so with phone calls etc from my home and cell here in Pennsylvania and just keep struggling to make payments, I am not behind yet, good luck to all and gods speed taking down these criminals!!
I have been fighting with BOFA since 2010 my original mortgage holder was taylor bean and whitaker, they went into bankruptcy and BOFA bought all of there mortgages… There were 3 payments that BOFA said were unpaid, even though me and my wife at the time faxed them in proof of payment straight from the bank… I have been fighting with them and recently I went through a divorce which caused me to get even further behind. My house is now being foreclosed within the next month and I don’t even have time to short sale it. BOFA has ruined my credit, before all this happened my credit was outstanding. I am worried to see what effect this whole mess will have on my credit.
Can they produce the note?
foreclosuredefense.com/foreclosure/what-is-the-%E2%80%9Cproduce-my-note%E2%80%9D-strategy/
It is a strategy we call “Produce My Note”. When you first closed on your home or refinanced your property you signed a mortgage and a promissory note with the bank. The mortgage itself is not the instrument that obligates you to make payments — the note is what obligates you to make your payments. It is the holder of the ORIGINAL note that is the only one who has the legal right to foreclose on the property for non-payment of the debt.
Banks, hedge funds and large investment firms would purchase these mortgage notes and call them mortgage backed securities. While this was being done, the bookkeeping and record keeping of the original documents often times either got lost, misplaced and in some cases shredded and stored into a computer. There have been several circumstances we have seen where the mortgage has been sold 5-10 times. Frequently, the new owner of the debt will not get all the proper paperwork necessary for their records, which creates an incomplete file and legal loophole for you.
As a result, many Mortgagee/Lenders are now starting to foreclose on homeowners, but don’t have the proper paperwork to prove they have a right to do so or that they are the rightful owner of the loan, but take the gamble that the homeowner will not know. So, if you or anyone you know is faced with foreclosure or is already being foreclosed on, you want to make sure they ask their Mortgagee/Lender in writing to produce my note. This will buy them time and keep them in the home while the “Discovery Phase” is in process.
Bank of America can’t produce my note. Though it may buy me time to stay in the home, what happens if they find the note?
They have “solicited” several options to “help” us with no updates. And then we get foreclosure documents in the mail in April when we had been working with them since about December or so. Their only excuse is that the departments have nothing to do with one another. Any suggestions? And what current class action lawsuits are out there against them?
Brandon …
Your credit rating are chains to slavery. It’s not a measurement of your character, but an indication of whether or not you’ve bought into the system. It tells them whether or not you’re willing to do as you’re told. You’re rewarded for doing as you’re told.
Interestingly though, as with the foreclosure situation, they can also KEEP you from doing things with it. It’s utter manipulation.
I’m sure you haven’t become a “bad” person simply over being defrauded … but they’ve sure made you look like one if your credit is shot.
Am I just blowing smoke and talking out of my ass?
One very popular read among corporate types is Sun Tsu’s “The Art of War.” He said …
“Be extremely subtle, even to the point of formlessness. Be extremely mysterious, even to the point of soundlessness. Thereby you can be the director of the opponent’s fate.”
You are the bank’s opponent because your home stands in the way of their profit … their instant gratification. Banks are no longer willing to simply just conduct business and wait for the term of the mortgage when they can get away with it. Profit THIS quarter is FAR more important than whether or not they are adhering to their fiduciary … ethical and statutorily mandated … contractual expectations.
I saw an interesting post today on a blog regarding Bank of America on Huffington Post. I thought I should share it with all of you:
“B of A is just one of many that think that they’re above the law, above the government, and most certainly above responsibility to the people.
And the ironic thing is that when you think about it, they actually produce exactly nothing. Not food nor entertainment; not steel nor computers; not electricity nor toys; not furniture nor houses.
Do we need a structure in order to facilitate the movement of money?Absolutely. But we’ve allowed that structure, the banking system, to become the primary power in our society. In many ways, significantly more powerful than government; the banks and Wall Street own the government, not the other way around.
Interestingly, it has only been in the last few hundred years that usury has been allowed at all in any Western civilization. Now our entire economic system is based on it, and look at what it’s brought us”.
We are victims of this loan modification scam BOA is running
after getting the run around and the bank reps not returning our phone calls, getting mis information when we do actually get in touch with the rep we get mis information and more run around we are now getting forclosure letters from their lawyers.
and we have been paying on the loan.
we want to join this law suit!
DOES ANYONE HAVE INFO ON THE EXACT PROCESS OF THIS LAW SUIT AGAINST BANK OF AMERICA FOR DENYING MODIIFICATIONS AFTER THE GOERNMENT GAVE THEM $75 BILLION TO DO SO>
PLEAS HELP IF YOU CAN DIRECT ME TO THE LAW SUIT!
THANKS
pbrennan22@verizon.net
Patricia …
I can feel the anger seething through your post. We’ve all been there. Frankly, the banks love it when we get that way.
They also love it when we don’t understand the process … and they have thousands of lawyers that know every nook and cranny of the law.
You’re right for WANTING to understand. Many of us here on this web site have struggled to get a clearer picture of this nationwide scam to confiscate homes.
I would STRONGLY suggest you read through this page of posts …
… and the previous page …
… and the one before that.
Simply click on “Previous Comments” in light blue at the top or bottom of this column.
One CRITICAL point to learn is that there isn’t simply one lawsuit to join against the bank … it’s not that simple. It would be heaven-on-earth if it WAS that simple, but that’s not how the legal system works.
Just yesterday, one interviewee talking about this horrible situation said, “You can’t even FORM a class.” … meaning it’s all too complicated to get people under one lawsuit. I’ll try to find a link to the article.
RESEARCH and learn HOW this works … starting with the experiences of people on this site … not to miss my list of actions you can take to move your case forward (previous pages).
Fight the Good Fight.
I spoke with my public official and they told me I needed to contact BOA. I was outraged! I said me, the victim, has to ask the criminal, BOA, for permission or approval to get what was stolen from me?
My public official told me the only way to get that settlement was to contact BOA. I did and was “put on the list”
Same thing happened to us!
IF anyone is doing the lawsuit , let start doing it. They got all the money. If we find a good law firm against Bank A , it is a lots of people in this website lets start. This greed people lets fight for our dreams for all the effort and sacrifice we did to paid this house for your family. THANK YOU AND LET ME KNOW I AM READY
Hi all..
I tried to get BoA to modify my mortgage with them but I was denied. Currently my husband and I have an 80/20 mortagage. 80% with one lender and 20% with BoA. We were able to successfully modify our 1st mortgage and were told that USUALLY the second lender follows the 1st lender, however after repeated back and forth (missing documents, numerous phone calls) we were denied by BoA and by that time we were already 8 months behind on the 2ns mortgage with BoA. Unfortunately, after all the troubes my husband and I made the difficuly decision to file for Chapter 13. The arrears of the 2nd mortgage with BoA was put into the Bankruptcy repayment plan that we now have and we STILL have to pay BoA monthly to “stay current.” With all thats going on with the lawsuits with BoA, is it possible for us to be able to try again to get some kind of modification even though the loan is now under the Chapter 13 Bankruptcy?? So confused..
In all my reading and research trying to figure out what is going on with the bank, I have come across several statements referring to people who are applying for modification and who are also in active Chapter 13 bankruptcy, so yes, I believe you can have a modification and be in bankruptcy at the same time.
How do I get involved in this…I have just recently found out that I was exposed to the robosigning crap and they have NOT given me any options to modify mortgage. They keep putting me off etc.
How do I sign up…. been over three years of lies and run around…. I’m ready to sue on my own…. have all the calls, missteps, errors, lies etc. documented with most typed up and chronologically organized “a lawyers dream” Please how do I sign up?!?!
we were to get modification when our brother became disabled and lost income, and waited and waited I had Tramatic brain injury from a fall and was not all together when this happened my father is 76 and didn’t know what to do when they would not send the modification packet we has a counselor everything and than we were treated very bad everytime we called it seemed even the town was angry at us in TX, and I had nervous breakdown, couldnt do papers well but they never came my father and I got nervous and thought they werw going to throw us out since no papers came . we also had problems ongoing with neighbors trying to push us out but that was a little of it most was we were afraid what woudl come tomorrow so we hit road to AZ where we had friends and had a short sale ready when we left they refused it, then we kept trying for a year for short sale or deed in leiu and they werw suppose to send 2 men from bank to help us out on it they never came and knew we were at 2680 Butler ave Kingman, AZ we feeel they are still trying to rip us offf. They started another short sale and said there was no sale date, on a friday following monday they auctioned it aand left it set unatteneded after telling us they had sent someone multiply times to secure home. Now we here it just sits and gets picked apart, we are so cramed in this mobile I feel homelesss. They edid not have to do this we could have stayed in home if they would have work with us on modification , even short sale when we thought they were just waiting to kick us out when we would be to vunerabvle to go anywhere . How can you help us , also they knew from beginning it was too much house for our income and the mortgage company , new century country wide, bank of am. but us in anyway and we have papers to prove it please help us we don’t know what to do. Melinda and Ronald
I would like to sign up. I have been fighting BOA for about 2 years. At first they denied my loan modification due to their terms as being late (of due to their inadapt employess not knowing what to do). Approx. 3 mos later an officer in the Pres office, reinstated my mod but failed to include the 3 late payments. I never received notice of the reinstatement nor did I get any new papers to that effect. All I had was their word. At that time I had a bad attorney who stated that I should not make a payment until she has this incident settled. Well, approx 5 mos later she called and stated she did her part and could not do anything else. I called another officer (in meantime I received foreclosure papers) to help. She admitted that the officer misfiled the mod agreement and that my trial payments were inaccuratedly applied. Then she drifted off in air. No longer any response to my phone calls. All she stated that I should try for a new modification agmt. Yesterday received a FedEx letter from BOA stating I was denied the mod. I called the acct rep and bluntly stated my views and said all I want is a new note including my past payments. I am at a standstill now.
Mike, Andrea, Tory and Larry …
As I’ve done for the past couple of years here on the blog/forum, I need to give you newbies a “reality check” about the situation you find yourself in.
Unfortunately, things may not work the way you think.
In this country we’re lead to believe that class action lawsuits are the be-all-and-end-all of whipping a big-bad corporation … or bank … into line and holding them accountable.
Doesn’t necessarily work that way.
In fact, corporations/banks relish the idea of getting a mass of plaintiffs into one courtroom … it’s far cheaper and easier to send one small legal team to fight dozens, hundreds and even thousands of “complainers” under the umbrella of one case. After all, these financial entities are all about the money, and the less they spend the better.
It’s all about profit … in fact, it’s evolved into being ONLY about profit. That’s what their boards of directors, stockholders and executives expect … these days profit at any cost … even if it means changing laws, bending them or even breaking them.
That’s what the MERS system is (Mortgage Electronic Registration System) … bypassing traditional real estate law that’s hundreds of years old to avoid paying fees to counties.
It’s confusing and frustrating because they WANT it to be. Banks also APPEAR to be incompetent and even stupid, when it’s all very carefully planned. After all, the entire system is based on “legalities” or contract law (Statutory Law) and designed from the ground-up by lawyers.
One of the FIRST things lawyers learn in law school is the fact that you can’t look malicious … … out there stealing homes … but you CAN look stupid. Courts are mandated to punish maliciousness, but forgive stupidity.
Here’s the thing …
To fight this you’re going to have to learn how the system ACTUALLY works … not how we think it works.
First off, filing (or joining) a class action should be your LAST choice, not your first. Besides, the suit listed in this blog/forum is ONLY for residents of Washington State and ONLY under VERY specific criteria. You have to match that criteria precisely … shedding the other details of your case … and lawsuits are won or lost ON THE DETAILS.
One answer to a class action is called a “Mass Joinder” where each case is heard individually (by the judge or jury), but even that doesn’t hurt the banks where they live.
They live in PROFIT … and individual cases filed one at a time in dozens, hundreds or even thousands of courts TERRIFIES them since they’d have to respond to each one individually, spending untold millions … perhaps even billions … on lawyers to defend themselves.
This brings up another CRITICAL point.
Banks are walking into courtrooms presenting themselves as VICTIMS … not perpetrators.
Their lawyers are walking into courtrooms, pointing a finger at homeowners and saying “This person wants a FREE HOUSE!” … convincing judges that homeowners are simply deadbeats trying to rob the bank …
… when the simple fact is that banks are no longer willing to wait for the “normal” business of playing a mortgage to the end of its term and want INSTANT PROFIT by (illegally and immorally) foreclosing on anyone they can … profiting from insurance and repossession and sale.
Banks DO NOT LOSE MONEY on foreclosure … or they wouldn’t be doing it … but they’d LIKE people to believe they’re suffering losses since they want to appear as victims …
… and all this is while they’re posting record profits, record payments to CEOs and sucking (debt-based) tax dollars out of the Federal government crying poverty.
Fact is, it’s an outright gargantuan criminal enterprise corrupting government AND the courts.
The key here is to learn and USE the system to bring these facts into the bright sunlight of truth, killing the lies AND hitting them where it hurts … in the WALLET.
Joining a class action lawsuit … and you probably couldn’t join this one even if you wanted to … is the WRONG way to go about that … or at the very least should be your last ditch effort.
For your own sake, read back in this forum for what’s ACTUALLY going on. Simply click on “Previous Comments” in light blue at the top or bottom of this column … AND research the mortgage industry, the legal system and its procedures to find out how all this ACTUALLY works.
You’ll find a list I developed from discussions on this board that you may find helpful … 23 things you can do to help get you what you want … which is probably just a fair shake.
Lawyers are running away from cases like yours at lighting speed horrified to take on the banks. There’s a few … very few … that ARE taking them on, but you have to weed through the unscrupulous ones that are preying off peoples’ ignorance of the law and courts to find them.
This fight is up to YOU … not a lawyer. Any lawyer worth his pigskin (degree and license) will tell you that.
Fight the Good Fight … and Make it Real.
Well … technically, it’s called a “sheepskin.”
**smile**
You’re right, Don. Finding an attorney was impossible for me. I couldn’t understand how this huge, deep-pocket corporation could be breaking the laws and violating every rule they “had to” obey based on their settlement lawsuit, could continue the same actions that got them taken to court once already, yet these attorneys don’t want to stand up for the “little guy.”
Patricia …
Please read above.
Just wanted to let you all know that BOA just sent me a Trial Payment Plan out of thin air. This is month eight (8) of this modification fiasco, AFTER they initiated a foreclosure, and AFTER they set a foreclosure sale date. I’ve done plenty of research on the illegal foreclosures but almost none on these trial payments!
Oddly, the letter came with NO explanation. Imagine that. They didn’t say where they came up with their fairly high figure (what property value they used, interest rate, length of loan, etc). They did, however, tell me that the trial payments did not necessarily mean that I would be approved for a permanent modification, and they also told me that the payments would need to be paid for three months and possibly a fourth depending on how quickly they could determine whether or not I qualify for the permanent modification.
Almost as an afterthought, they included, as a last sentence, “You were denied for HAMP.” Again, they left out the entire explanation part of that statement. They are supposed to give the applicant all the numbers they used to determine his/her status. I seriously doubt that they used the current property value (which is now approximately $50,000 less than it was). They also probably figured in the fact that I am now eight months behind on payments because of their instruction for me to stop payments or risk denial back when I first applied. And of course, if they fix those two things, then they’d also have to adjust the property taxes and the insurance as well because those would go down accordingly. Something tells me they just didn’t do all of that and I don’t know if, by paying the trial payments, I am saying I accept their figures because I am not.
When I calculated a rough estimate on the government website to determine what my payments should be, it came out to approximately $300 less than what they are asking for right now. I don’t know if the trial payments are often representative of what one’s permanent payments wind up being or whether they are usually higher or lower or what. Does anyone here have any idea or any experience in this part of the process?
Karen …
In my experience, your trial payment should approximate your final mod payment. In my case, with all BofA’s shenanigans, the so-called trial period lasted more than two years, so in the end, the final mod payment was more than a hundred dollars more.
Taking around 33-34 months to get the main mortgage mod (a vicious cat fight), I can’t imagine what they’ll do resisting the Heloc loan mod … but … unchecked criminals are tenacious bastards, so it’s no surprise I’m in for another cat fight.
I’ve heard and read all kinds of figures all over the map. They’re intentionally making the system confusing, so the only thing written in stone is the fact that it’s a war to save your home from confiscation.
As far as denials … they’ll use ANY excuse … including sending “automatically generated” notices their representatives (claim) they have no knowledge of.
But remember one thing …
What they SAY is completely IRRELEVANT … and what they put in writing is EVERYTHING … since the law is based on documentation.
They’ve been using our belief that what they say matters, when it doesn’t … unless what they say is documented (recorded), then presented in court opposing what they DID or provided in writing.
Eventually, if courts wise-up, that will be their downfall …
… when the lies come to light …
… and there’s plenty of lying going on.
Don,
Thank you for the feedback. I just ran across an article on a few other things they are doing with respect to the trial-to-permanent modification switch. One of them was that BOA is deliberately sending the permanent mortgage payment notification specifying that the homeowner’s new payment is now due in 45 days.
They send this letter in the middle of the month, meaning that the homeowner’s typical trial modification payment would be due on the first of the month (or in roughly 15 days from when they get the “new” payment schedule).
Evidently, they send it this way in hopes that the homeowner will get confused and pay their next payment on the permanent modification payment date instead of paying the last trial payment on time and THEN paying the permanent modification payment on the date that it is due as well. Next thing they know they are getting a letter from the bank denying them the permanent modification.
They are even telling homeowners who have specifically asked, to just start paying the new payment only for them to be denied for the modification later. So I guess that’s just another thing to watch out for.
I was also reading my trial payment paperwork and I read that BOA is taking the difference between what I pay as a trial payment and what my mortgage payments were supposed to be and they are adding that total to my mortgage balance so technically, I am getting penalized for requesting or obtaining this modification even though I thought there weren’t supposed to be any “fees” for a modification.
I know this sounds insignificant, but I got a letter from my current “point-of-contact” stating that she had tried to get in touch with me via phone calls but could not. I called her back right away (I was waiting on word about HAMP) and she said she didn’t send the letter and that she knew they put her name on letters, but it wasn’t her that sent it. “They” just sign her name to things sometimes.
Unfortunately, it wasn’t an important letter, but I’m glad I have it recorded that she acknowledges random people routinely sign her name to documents she knows nothing about. It may come in handy at some point.
I had also re-requested my original note and deed, and yesterday I got a BOOK back from a law firm about why they cannot give them to me. I haven’t read it yet because it is a stack of papers no doubt designed to confuse me further.
I believe it won’t matter too much longer because I just cannot pay that trial payment for a year or two. No way. It’s far less than what it was but still too high for me. It’s nowhere near this 31% that I read it was supposed to be.
Anyway. Just wanted to update everyone on some of the things they are doing or planning.
http://livinglies.wordpress.com/2008/06/02/foreclosure-offense-quiet-title-and-rescission-tila-and-otherwise/
SERVICE OF PROCESS IS BY PUBLICATION.
If the court demands that the mortgage servicing company be named as nominal Defendant or Respondent, the mortgage servicing company has only one job: to produce information and proof of ownership of the loan. It is doubtful that anyone, least of all the mortgage servicing entity will be able to fulfill this condition.
Thus the default judgment will be entered, the victim stops paying the mortgage, and has a recorded judgment relieving his property of any mortgage lien and offsetting the note with the refunds and damages payable to the victim, thus satisfying the entire principal of the note and awarding attorney fees to the victim/petitioner.
Karen,
Don’t get real excited about your trial payments. We were accepted for the Loan Modification in May of 2011 and told in 90 days it would be over. We made the three trial payments and in March of this year they sent somebody to our house and they closed on the loan and was told it was over and that was a lie. Every month I make the trial payment and asked when it will be signed off and they say they don’t know. All the say they have to cross their T’S and dot their I’S. We started in May of 2011 and closed on March 2012 and we still can’t get answers. If there is a class action suit I want to join in. I am 71 and my husband is 79 and in the 15 months we have been fooling with this my husband has had heart-by-pass surgery and I had a bad fall and have a herniated disc. I don’t think we will live long enough to see this through. We have a FHA loan and I called the FHA National Servicing Center 877-622-8525 and got a FHA Case number. They wanted me to work with a person from BOA in the FHA department but I knew he would not help me, but I tried. I called them back today and the are suppose to give my complaint to one of their agents to look into it and will call me back in 72 hours. If you are not FHA call Making Homes Affordable 877-300-5454. I just wish a lawyer would take them on. I have never been under so much stress.
Like everyone else, i can say that Bank of America did absolutely nothing but make it difficult for me until they could foreclose. Then they were as nice to me as anyone could be to get me out of the house. It wasnt enough that i was laid off my job because i paid ( too much) child support….Thank you Federal Govt. it was a great 25 years!!!
But B of A led me to falsely believe i would be able to refinance, up until they sent my refinace check back and told me it would not happen.
NOT TO BE MISSED >>>
THIS is what many of us have been saying about this nationwide criminal enterprise for years —
http://stopforeclosurefraud.com/2012/05/13/sofla-womans-2-year-battle-gets-mortgage-wiped-out/
Virtually all of us do NOT seek a “free house” … BUT … if the banks are willing to commit fraud to try and take them illegally … THEY DESERVE TO LOSE any right to a single penny …
… AND …
… the ones that planned and perpetrated that system of illegal confiscation should be hunted down and JAILED.
I couldn’t agree more!
has any one got a pay from a law suit on forclosed houses.i sent my papers to occ. a year ago they are investigating
I was not in the first round of people who got ripped off so I don’t have a right to any of that money. You should probably check back if it’s been that long.
i would like to tell u my sitution with BOA . about november of 2011 i called BOA to try and get a modification on my loan, they sent me my big package with-in 2 weeks ,and then assigned me a ” customer relationship manager ”. a week later i received a call from her telling me how she is going to help me through all the steps to get my mod. she helped from page 1 to 30 going over every thing and making sure i dotted every eye and crossed t . , went and got everything noterized and sent package off to BOA . about 2 weeks they told i will now have to make 3 mod. payments while they find out if i qualify . made my 3 months paym’t s on time ( jan.-feb.- march 0f 2012 ) . about 3 weeks into april was notifyed my mod. went thru . they sent me new new mortgage papers to sign and notorize. they gave me a new 30 yr. @ 4.5 % – it use to be 6.7 %….. made my first new paym’t may 1st.== they also sent me a letter that all my mod . money was applied to my morgage.== sent another letter telling me they wrote to credit to have all the paym’t reinststated on my credit report. == and i did check that both of these were done. I MUST BE ONE OF THE LUCKY ONES THAT GOT A MODIFICATION WITH ABSOLUTEY NO PROBLEMS. i started reading this blog over a year ago and was affaid to apply after reading everybodys bad situation but my house was underwater by 45% , so i had to try. ==== my modification took from start to finish 5 months.=== if anybody wants any more info. on my mod. u may e-mail at JTIETEL@ATT.NET === good luck to everybody
That is most definitely how all of these modifications were supposed to have gone! Clean and simple, just like that. WHY the banks couldn’t have just done this with everyone who qualified, is beyond me. I’m very happy that it went so smoothly for you. Congratulations!
Jeff,
So BOA reinstated your credit score after you made your trial payments? That is my biggest worry in this whole process. I started the “modification process” with BOA in April 2011 and it it still is not closed yet. I was initially told that the modification I qualified for entailed suspending my payments for 4 months and that those payments would be added to the end of my loan so that I could take those 4 months to catch up on some medical bills that I was getting behind on.
I was also told that this payment suspension would in no way affect my credit. I was not ever behind on a payment with BOA and my house was no where near foreclosure, I just called them to see if there was any help I could get in lowering my payment to make it easier to pay my medical bills but I was completely current on my mortgage. I made my regular mortgage payment on Oct. 1st of last year and then got a bill stating I owed $6500.00 and that the modification hadnt gone through so my house would be in foreclosure if I didnt make that payment. I told my new case manager what I had signed up for with the previous guy and he told me there was no such programs there, he didnt know what I was talking about.
They made me send them a bunch of new paperwork to “reapply” for the modification so they could help me with the funds I needed for my house not to be foreclosed on. They had me make 3 trial payments in Dec, Jan, & Feb. Then in March, they sent me their paperwork for the modification agreement saying if I sent that back the modification would be closed but that I had to send a payment by March 18th with the modification papers to accept the agreement and I had to make my next mortgage payment by April 1st. I made both of the house payments within a 2 week period and then got a letter dated May 1st on May 12th stating my modification could not go thru at this time because they did not get completed paperwork from me. I sent them back another packet of papers and was told it would take another 60-90 days to go through. Meanwhile, my credit score has plummeted 120 points and they are telling me there is nothing either them or I can do about it. I am at a loss here and not sure where to go from here. I mainly want to know that this whole process was not for nothing and that my credit score might have some chance of getting back to normal, any suggestions?
Truly Exasperated!
Lauren
Sadly we have been fighting them since Hurricane Ivan. they tell us different things each and everytime. Offered us help and turn us down, offfer help turn us down. Year over this went on. They were not able to even keep up with their own accounts and had no idea who owed what for the longest time untill finally they cut the computers out and hired more employees to work on the request for help in this dead ecoonomy. They useed every excuse in the book and sent a letter not even titled to my husband the accout holder of rejections of taking payments. It was labled to myself which they refuse to talk to me because they said they didn’t have the 4 faxes giving them permission to speak with me. I have this letter of personal and confidental statement sent to me to prove the many of mistakes they make and the poiint they have no idea what they are tdoing. Sadly all the banks are involved in this scam and sold ssold sold and made it hit one of the last morgage takerrs in this sad excuse of business. We are about to loose our home. My husband has gotten a better job and they refused to help anyone or work with anyone in a reasonable way. It seems they don’t care if a bottom ups house is taken . I news for them this house was screwed before they screwed us by a hurricane I will have to laugh if they think they will make a dollar on it. INs, banks .all take our money but don’t return any favors in crisis yet they expect our government to to something about thier problem. What about us?
Btw they lead us to believe that we would get help that year. WE continued to make the payments best we could unlike many ppl who had no job at all. Still…. They applied the monies who knows where. One time the accept it one time they don’t OF course the bank chechs in which I cash will show this easily. Sadly this Company will die… If it don’t then they paid our Government loads….
I will YOu tube this whole story I documented when It is over. It will be better than 20 mins lol
Btw I will be researching stories and problems of working class ppl effected by this scam of offered help. I am hiring a lawyer and making a documentry. They will have to pay me for the stress they caused us. I will not stand and take it. I will fight this with all my might. Ihave my research not on a pc or in my home but in a safe place. I will keep all secret untill exposed and shared. If you like to share your story please email me. Ty so much. I will also interview in private .
JDebbie, please feel to contact me at Isabel-1229@hotmail.com. I am also a victim of this Bank of America Scam. It has been a real nightmare to say the least. I was told to default in order to qualify for a loan mod then they lost my papers over and over again. Until that point, I had never missed a payment. I only missed one payment (November 2009) so that I could prove “hardship” or so they said, and then I continued to pay every single month after that. I was being harrassed and threatened and received those Notice of Intent to Accelerate notices that would notify me that if I did not pay a certain amount (an amount that I did NOT owe), they would start foreclosure on a specific date.This is EXTORTION, by the way. I received many of these notices while I was making my payments and in the loan mod process. I was also told by some BofA reps to disregard the notices. Some reps would even threaten me on the phone with foreclosure. I was a complete confused mess and became so overwhelmed with stress and depression that I became suicidal and also developed fibromyalgia which was triggered by the overwhelming anxiety they put me through. I hired an attorney and they still kept lying to me and harrassing me even after we asked them to stop the harrasment and fraud because it was affecting my health. They didn’t even post some of my payments and money was missing from our escrow account. Bank of America has a lot of blood on their hands. When I hear of the thousands of people that have been affected by these Mafia banks, I really cry because I know what they have been through. Nothing is being done to prosecute these “financial terrorists” who have destroyed so many lives. This blood-shed will end up being close to the number of victims of war! Our so-called justice system and government that allows these banksters to continue terrorizing American families with their too-big-to-fail-or-jail attitude. I have lots to tell and we currently have a lawsuit (no attorney) against BofA since December 2010. The judge is trying to dismiss my case as many do. Hope to hear from you and anyone else here that would like to contact me regarding this criminal enterprise called Bank of America.
Please feel free to contact me.
mdroppa@comcast.net
This news is over a month old but I was not aware of it. It appears that there is a judge in Louisiana that is tired of the bank’s fraudulent ways and she is putting a stance. Bless her heart!! Anyway, she ruled in favor of a homeowner that was suing Wells Fargo and awarded the man over $3 million. She makes very good points for her reasons for ruling against the banks. I wish there were more judges like judge Magner, I bet the banks would all stop the fraud quick. This is a very good case law for us to use in our lawsuits, another case that has been ruled AGAINST the banks. Here is the story: http://www.huffingtonpost.com/2012/04/09/elizabeth-magner-new-orleans-wells-fargo_n_1412412.html?ref=tw.
Thank you so much for sharing!!!
Great article!
… and remember, CASE CITATIONS are a KEY ELEMENT of walking into court, even when the case is in another State.
Stack cases like this in front of a judge and they HAVE to take notice.
I don’t think they have the deed in most cases, or can’t produce it. With all the electronic transfers, reselling and bunding of morgages, I think, seriously, that they have no idea where the records are. In Michigan the Supreme Court overturned a decision to NOT allow the morgage servicer to foreclose. Note-the servicer, the bank can’t do this because they can’t proof they have the deed. Yes, my friend is getting an incredible run arround too. I will never do any business w/BofA again!
I wish to God everyone felt that same way. If they did, I’m sure the banks would change their tune and start doing these right. I have to admit, I am a little surprised that more people have not changed their accounts to different, local banks or credit unions just to “do their part.” If everyone did that, or even the majority, there would be no more BOA nearly overnight. “Power of the People!” LOL
Hello All!! I am in a similar situation with BOA. I’ve been going thru a loan modification since August 2011 with no help of VS Legal Center that I retained for $2000 to assist us in the modification. They constantly are requesting documents, the same documents that say the same thing month to month since August. BOA and VS Legal Services have been giving us excuses since day one. I just would like to know what I can do to be apart of this Class Action Lawsuit. I really need help!! I am so worried about losing my house!! It’s in default now but we can barely make our monthly payments. Thank you for your time.
I applied for a loan modification with BOA also due to my job loss and working part time in 2008. I was current on payments, I sent them the forms and never received an answer.
After I got behind in payments in 2009, they wanted a sale date. I talked to a lawyer and was told that the government was backing the banks.
Nothing could be done. I gave up, was suicidal about being homeless, and had put $130,000 into this home that had lost most of it’s value since I purchased in 2005.
I vacated my home and left my belongings to move out of state with my sister. BOA then took possession and changed the locks.
My prayer is that our legal system will help the American working class people and shut the door on big business takeover in our country.
I forgot to add, my home in Daytona Beach, FL was part of the Countrywide lending scam. I would appreciate hearing from people in Florida about the BAO scam and any leads for additional help.
Thanks for listening. owns410@yahoo.com
Hello everyone. For all of those who have an FHA/HUD loan with Bank of America, I found some good cases to back up your claims if you are filing suit against BofA. One of the requirements to foreclose on a HUD loan is that the servicer (BofA) must hold a “face-to-face” meeting with the homeowners before three payments have been missed. In Banker’s Life v. Denton, homeowners raised the failure to hold the meeting as a defense against foreclosure. Also, the servicer did not send the request for the meeting via certified mail or attempt to visit the homeowners at the property. The court found for the homeowners in this case.
Another case is Washington Mutual Bank v. Mahaffey, and the lender was denied summary judgment because it had not sent the letter, even though someone had been sent to the property to visit the homeowners.
Notices of Default must also be sent to homeowners in default in accordance with HUD regulations. In Federal National Mortgage Assn. v. Moore, homeowners raised the argument that the lender had not sent out a notice of default that was in compliance with HUD’s regulations. The notice was sent but was not valid because it was on a form that was not “approved by the Secretary” of HUD and was not sent in a timely manner as the regulations require.
HUD’s regulations have somewhat changed since these cases but the languange of the preforeclosure servicing, including notice requirements and review guidelines, have remained the same. In fact, another court case, Mellon Mortgage Co. v. Larios, decided that the requirements are the same now as they were before the statute was revised.
I really hope this info might help some of you. Take care.
What’s the first thing you hear when you call BoA on the phone? “Welcome to Bank of America. We are a debt collector. A DEBT COLLECTOR?!?!?!?!? They aren’t a bank, first and foremost they don’t care about us…only collection and they will do whatever they have to (even lie, deceive, change policy, etc.) to get it. I fell into the modification scam in Dec 2011 thinking they wanted to help. How naive I was. Now I’m 4 months behind and counting, in foreclosure, was denied for a mod even though I qualified, and went through all the same hoops as you good people. The sad part is the Fed gave out all this bailout money to banks to help struggling homeowners which came from OUR TAXES!!!!! I’m defeated and beyond angry.
Frankie my friend, it is time that you do something about it and put your anger in motion. Many homeowners get “angry” and eventually let Bank of America get what they want because they give up and leave their homes. Do not let them get away with their crimes. I believe it is time for you to review your mortgage documents and check to see if your assignment of mortgage and foreclosure docs are not forged or robo-signed. These crooked banks are getting away with murder!! They paid a settlement for the robo-signing crimes and all that money is not being used on the homeowners. Our dear politicians are using that money to relieve their state debts and for other things that have nothing to do with homeowners being robbed. That settlement was a fraud all of its own.
Since the government is obviously not helping anyone of us, we then have to use the resources for which we pay taxes for. We have to complain to our congressmen, attorney generals, senators, the OCC and even the President. We have to make our voices heard even though they will eventually do nothing about it. Contact the Media and blast your negative experience with Bank of America all over Facebook, Twitter, Pinterest and all other resources which we now have at our disposal. Contact Occupy Wall Street and tell them the urgency of your situation. They will show up at your foreclosure sale and it will buy you some time at the very least. You can also try bankruptcy to buy you some time.
Also, file a civil lawsuit against Bank of America. If you cannot find an attorney, do it yourself. My husband and I are suing Bank of America WITHOUT an attorney. We are also planning to file a CRIMINAL lawsuit against Bank of America as well. I have forged documents in my possession and if an average person were to forge a single document or a check and gets caught, they will prosecuted so then why shouldn’t Bank of America’s executives and the other so-called puppets and notaries signing these documents be prosecuted as well? It is a fraud scheme of epic proportions and it does not involve just one document. I am going to hire a handwriting expert to jus confirm the criminal fraud.
As you can see Frankie, I am mad as hell but I refused to be a crime victim and let Bank of America financially rape us and my family and throw us out into the streets. I will fight this until the very end and I will not give up. It has been a huge task to say the least but they have to pay for what they did to me and my family. In the process, I feel great satisfaction in helping other victims as best as I can with my very limited legal knowledge and other support.
Feel free to contact me anytime at Isabel-1229@hotmail.com.
Isabel,
How did you verify your paperwork to be fraudulent?
Thanks,
Lauren
Hi Lauren. Even though I have known for almost 2 years that Bank of America had committed massive loan servicing fraud against us, I truly saw the extent of their fraud once they filed a perjured Assignment of Mortgage on my property last July. However, earlier this year we decided to hire a forensic auditor to conduct an audit regarding the originigation, securitization and servicing of our loan. We contacted MFI Miami and they had an FHA specialist conduct the investigation. The audit revealed massive fraud from the origination, securitization and servicing of my loan. He also compared signatures of other so-called MERS Assistant Secretary Malik Basurto (who was actually employed by BofA at the time) and confirmed the forgery on my report. The money we spent on this audit was well worth it! I am going to upload the report on Scribd soon and I will post the link here so everyone can see it. I am going to also hire a handwriting specialist as further evidence of the forgery for my case.
I am currently persuing an “additional” lawsuit against Bank of America but I will be adding MERS and Taylor, Bean and Whitaker (my original lender) to my lawsuit as well. I refuse to let these criminals get away with murder, especially Bank of America. Now I have additional evidence of racketeering by Bank of America orquestrating these crimes in cooperation with MERS. These perjured documents and fraudclosures could not be accomplished without all of the criminals being on the same page. Remember, Bank of America and other major banks created MERS and they created MERS with a deceitful and malicious purpose so that they can carry out their criminal activities and “steal” homes. Many people have not really appreciated the extent of Bank of America’s crimes but believe me, I have replayed it over and over in my mind and therefore I will not be satisfied until Bank of America is found rightfully guilty of racketeering. Bank of America’s criminal enterprise has gone above the law and as a Mafia, there is laws to protect us as consumers and I have every intention to use those rights.
They definitely are trying to “steal” my home, I am convinced of that. I was no where near foreclosure and not even behind on any payments when I called them to see if I had any option of lowering my payments because I had medical bills that I was trying to pay off before they went on my credit and it was tough to pay both. The first representative that I spoke with said that they had a program where they would suspend payments for 4 months and add those payments to the end of my loan to reduce my debt and at the end of the 4 months I would pay the modified amount in my mortgage payment. He told me on the phone specificially not to make my payments from June-September. Then in October when I got a $6500.00 bill I called, got a different rep and was told no such program like that exists and if I didnt pay the $6500 my house would be foreclosed on since it would be considered 5 months past due but I could try to get a modification from them if I wanted to.
This all happened last year and I am still going back and forth with them, my modification still hasnt gone through, and my credit score has dropped 120 pts because they have reported to my credit bureau since last April that I have not paid them anything even though I have receipts to prove I have. I am at my wits end with Bank of America. They are obviously ripping people off but I am not sure what I can do at this point because anytime I mention knowing my rights they threaten to take my house!
Lauren
By the way Frankie, you are absolutely right, Bank of America is a Debt Collector and a nasty one at that. I was also suing Bank of America for violations of the FDCPA and the judge threw it out even after I submitted documents showing that they ARE a debt collector.
AS EVERYONE ELSE I HEARD FROM, THE BANK OF AMERICA GAVE ME A LIST OF PAPER WORK TO FAX OVER AS I DID SO MANY TIMES. AS THEY KEPT ADDING TO THE LIST, I ACCOMMODATED THE REQUEST.
I WAS TOLD SEVERAL TIMES THAT THE UNDERWRITERS WILL HAVE AN ANSWER FOR ME AT ANYTIME BECAUSE MY PAPER WORK WAS COMPLETED. I RECEIVED A LETTER OF DENIAL AND BANK OF AMERICA WILL NOT RETURN MY CALLS. THIS HAS BEEN GOING ON FOR OVER SIX MONTHS.
THE BANK COMMISSIONER, SENATOR, REPRESENTATIVE AND MY ATTORNEY WILL HAVE TO BE INVOLVED. IS THIS HOW HAMP IS WORKING FOR US MR OBAMA. COMPLETE AND UDDER NONSENSE.
Agreed, BOA has tried to deny my modification 2 times between October and November of last year saying they didnt get the proper paperwork even though I have fax confirmation showing it all went through all 10 times it was sent. Then they approved me for trial payments which I made December, January, and February of this year and then in March they tried to say I was denied my modification after making 2 payments in 2 weeks to accept the modification agreement saying I didnt send them back all my paperwork. Well, they apparently got it because it was sent with the 2nd check that they were all to happy to cash. I am getting someone involved because my “modification’ still hasnt gone through, I get a different story every time I speak to someone, and my credit is ruined because of these idiots! It is nonsense but I am tired of being punished because of them when I wante even behind on my mortgage to begin with.
Lauren
Well Bank of America is messing us over too. Last August we had the paperwork picked up and the process began for the loan modification. I have had four different Account Managers since then. Two ladies told me that our loan is with an underwriter and then I get a letter in the mail from another account manager saying he is now in charge. Today I get another letter from another account mgr. saying she is in charge of my account. I call and of course, she doesn’t answer. Nobody knows what is going on and the past few times I have called they say we didn’t turn in paperwork. Funny, my husband emailed and faxed the documents they needed and they found them after my husband became demanding. I notified the Attorney General in Florida and Bank of America did respond to them with lies. Today, some guy comes to my home saying he is with my mortgage company and he is making sure the home is occupied. He was taking pictures as well. So I call the account manager and get no response. Bank of America promises to help people but forecloses on houses anyway. Pretty sad.
This is the same story as my own. It makes me angry that all of us keep getting upset at these individual accusations that BOA is making (for example, not providing documents), only for us to then scramble to gather our proof that it is a lie. Meanwhile, BOA is moving on, doing its own thing, until the next obstacle is supposed to be thrown our way.
After reading so many of these stories, it is clear that it is their method of operation no matter who we are individually. It is as if their operations manual says, “Step 1: let them apply. Step 2: drag out the document requests as long as possible. (Side step: If you can casually get them to believe they need to stop making payments, that’s an added benefit for us). Step 3: send a denial for not producing all documents requested. (Do this whether they have or not).” And on and on.
It seems as if they have a bigger goal – that their plans have nothing to do with us individually or our individual circumstances or even the modifications. It’s as if they have a goal that requires them to get every one of us to focus on these details, perhaps so we don’t see the bigger picture?
The bank executives are not stupid or they wouldn’t have more power than the government. I mean, they know they are breaking hundreds and hundreds of laws, which I can’t imagine they would do for no “justifiable” reason. Almost all of these cases are more-or-less the same, and we’re all scrambling around focused on individual problems. So this makes me at least question, what are they really doing? What bigger thing could be important enough for them to be willing to anger the very people who made them so powerful in the first place? I think they’re up to something.
“The importance of whistleblowers today cannot be understated.”
http://blog.seattlepi.com/steveberman/2012/05/29/whistleblower-earns-14-million-reward-in-case-against-bank-of-america/
How do I get in on the lawsuit? BOA has done the same to me. I have applied for 3 modifications. Turned down for missing docs. They never call. They have had my email on file for 2yrs. Not one email from them. I have income, but need a restart. How can investors allow BOA to continue to mishandle theirs loans? ESPECIALLY WHEN THE HOMEOWNER HAS INCOME????????
Jeff …
I’d strongly suggest you read through previous pages of these posts for better information on how all this works, with particular attention to my posts for newcomers.
Simply click on “Previous Comments” in light blue at the top or bottom of this column.
It doesn’t necessarily work the way we’ve been lead to believe and need to educate ourselves to fight this thing properly.
THEY DID ME THE SAMETHING. HOW CAN WE STOP THIS CAN WE BRING THIS TO THE NEWS,LIKE CNN WE NEED TO START SONETHING BOFA ARE TRYING TO TAKE OUR HOMES
ARE THERE ANY LAWYERS WILLING TO TAKE ON BOA AND THEIR BAD BUSINESS ETHICS??????
i have been frustrated with BOA from day one!! i was initially with countrywide, now BOA. i have tried to refinance for the past 2 years and they wanted me to pay between 4,000-5,000 before i could refi??? on top of that when i tried to refi. with another bank, BOA was on my credit report stating that i hadn’t made a monthly payment over 2 years!!! i have gone through hell and high water with these guys!!! stick a fork in these folk!!! i’m 2 done with them!! added stress that i don’t need!!!
http://blog.seattlepi.com/steveberman/2012/05/29/whistleblower-earns-14-million-reward-in-case-against-bank-of-america/
Whistleblower Earns $14 Million Reward in Case against Bank of America
We too would like to know how to join the law suit, we have been attempting for 3 years now to gain a modification with no success. If anyone can help us out with info please email us at leog1979@yahoo.com thanks in advance.
DO NOT SIGN A BANK OF AMERICA FORBEARANCE AGREMENT!
Here’s what happened to us: our loan was current, we were not upside down, basically in good standing. But I wanted to see if I could get a lower interest rate through a modification. Turns out this was a bad idea.
Since our loan was in good standing, it did not qualify for a government backed modification. Not to worry…BoA had a solution, they sent me a Forbearance agreement with a payment schedule, and I had to follow it in order to get the modification.
What they were really doing (without explaining this to me) is to get me to be delinquent for 4 consecutive months (by underpaying my loan payment) so that I would qualify for the loan modification. In the end, I did get the modification and my rate dropped, and all it cost me was my good credit.
Personally, I don’t see how this is legal, either from a contractual point or from the point of the government. All they had to tell me is that I didn’t qualify for a modification because my loan was in good standing, and I would have done a refi. Instead, they trashed my credit, so that I now no longer qualify for a low rate refi.
So I repeat:
DO NOT SIGN A BANK OF AMERICA FORBEARANCE AGREMENT!
How do i find out if im still in this class action for the modificatin screw up from them,please let me know i think it was last year i added our name to it, took them like two years went round and round and now they still say were behind….
I was doing fine until Sun Trust sold my mortgage to BOA. I applied for the modification program when I was a month late due to loss of job and a very sick husband. I jumped through hoops trying to get all the documentation. I was notified that I was kicked out of the “Making Homes Affordable” because I was missing documentation. So, they called me and told me that I MIGHT be eligible for a Freddy Mac modification and they sent me another packet. Once again, I was running around getting documents. I finally got EVERYTHING they asked for and sent it all to the bank. A month later, I received a call saying that the copy of my husband bank statements didn’t have the name of the bank on it and therefore, I was denied. Now my house is in foreclosure. Apparently, I am three months behind. I was told by BOA not to make anymore payments as they would be sent back. From this point , I have not been able to reach my “mortgage manager.” I have letters saying that this women would be available at 1-800-669-6650. I have called her 3 to 7 times a day and I am directed to her voice mail where I leave a message and she never returns any of my calls. Today, I received a letter saying that “due to the recent change in the status of your home loan assistance request, you will no longer be assigned to a dedicated, single point of contact.” Not 10 minutes after receiving that letter, I get a call from BOA stating that this letter was sent in error and that my new ‘point’ person was Nicole Beels and she will be calling me soon. I said that I had left many messages in this woman’s voice mail that have not been returned. This woman assured me that she would send Ms. Beels a ‘urgent’ e-mail. I told her that all the people that I spoke to over the last days said that they were sending e-mails as well and nobody has contacted me. Then the women said that there weren’t any e-mails noted on my account!! I finally call HUD in Washington, D.C. and they directed me to a Federal Office in Vermont and I was given a appointment in 2 days to help me fight BOA. It was at this time I heard that were many, many people with the same grip. Vermont has filed a class action law suit against BOA with regards to their modification programs. I am also involving my own attorney. NO ONE will get my house without a fight from me!!
Judy …
You go girl!
Releasing feminine energy on these heartless bastards is the best thing that could every happen.
Time to turn the tables.
“ever happen”
Recently my mom and I where served an eviction notice and given ten days to leave, my mom had just got out the hospital. She is too sick now to move! It all started back in 2008 when she took out a loan to help pay for her growing medical bills. When she applied for a loan the loan service r never left any documents. . Of course this was from a big bank, whom I am sure people know about ” B of A”. She tried three different times to get a loan modification, they refused to help! I found about the foreclosure in the local paper, we where never notified of anything! Thanks to sloppy work in the part of the bank and loan supervise and robo singing and miss information and documents that do not have the same dates! She was also told to not make any payments and that there would be no sheriffs sale. On the day she was told there would be no sheriffs sale, we where notified it was sold, right from under us! My mom is over 65 and she has several major medical problems including MS, Fibremaylgia a brain tumor and spinal problems. we have been lied too and I feel she was taken advantage of because of her health and age.
Why am I writing this? I am hoping to bring to light the greed of these big banks, and the outright illegal ways they do things! Further more, I am trying to give those a voice like wounded vets that come home only not only to lose an arm or a leg, but lose there homes! And older Americans that are taken advantage of along with disabled people. This is pure greed! Plain and simple. I should know my mom and I are victims of this! This needs to stop! I am sick of reading about people that have these loans and and are forced to pay more than the actual value of there homes, or when the mortgage rates go up with no notification! We need change! NOW Too big to fail? Or are they just too big to care? What really gets me is that the CEOs and bank executives get big paychecks, while we have homeless veterans, people losing there jobs, and children malnourished people forced to choose, make mortgage payments or put food on the table, or pay for life sustaining meds.Quite obvious that these “BIG” bans do not care, all they want is there money, who cares if someone has an illness or a wounded soldier defending our country and yes the people of these banks returns home to find out he or she has no home.
My hart and prays go out to those folks, it stuinks that these banks can do that, how can these people live with themselves??
Sincerely.
Jason Dennison,
Ruth Dennison Sparta Wisconsin
Jason …
Sorry you’ve had to go through all that. Many of us have. My personal experience is now about 34 months.
In answering your question about how these “people” live with themselves, the answer is VERY simple.
They take home a paycheck.
Pardon my French … but they are literally no less than whores doing whatever they’re told.
When a society breeds creatures like this that are devouring each other without compunction, it’s literally doomed to collapse and failure.
They need to be stopped DEAD IN THEIR TRACKS simply over the fact that this behavior by any earthly creature is purely, simply self-destructive.
For banking, legal, governmental and political observers reading this post …
… if you support and encourage the current banking behaviors and justify and rationalize them as “just doing business,” you are a scourge and a cancer that needs to be utterly eradicated …
… permanently.
Jason … Fight the Good Fight … and pull every decent thinking person you know into the battle until this cancer us evaporated from the American landscape.
“is eradicated”
How do I get my name on the class action list against Bank of America?
Michelle …
For your own sake, it would be a very, Very, VERY good idea for you to scan back over this page and read a post I made to Mike, Andrea, Tory and Larry near the top of this column, as well as reviewing several other posts I’ve made.
Isabel S. makes several other valuable points, as well as others as they learn their way through this nightmare.
Make sure to also see previous pages … simply click on “Previous Comments” in light blue at the top or bottom of this column, particularly a 23 item list I posted that are things you can do to help your case along.
Fight the Good Fight.
Had a sit down with BOA last nite to see about a loan mod. or HARP. They said no! I’ve lost my job as of Oct. 2011. Haven’t missed a payment. Continue to do my part. My wife works part time. They didn’t want to hear my side. I have a so called split mortgage. I asked if we could mod it. They don’t care about the people. I have pulled all assets out of the bank. I hope there is some way to resolve this mess. The gov’t will always help the banks but not the people!
YES WE HAVE TO ALL FIGHT AND FIGHT TOGETHER AS A WHOLE
everyone should tell the “white house” their story……
http://www.whitehouse.gov/why-refi?utm_source=typage&utm_medium=typage&utm_campaign=whyrefi
I live in Dayton, Ohio. My daughter & her finace were served by a sherriff with foreclosure papers last Tuesday which was filed by BAC’s lawyers with MERS documents attached. I was watching a Suze Orman financial special about 2 1/2 months ago when Suze had a family on who had been going through the BAC modification process when all the sudden they were informed that their house had been foreclosed on & sold out from under them without notice. I immediately called my daughter & told her because BAC had been stringing them along with hopes of a modification since last August. I told my daughter to start keeping records of everything from then on. They too were told not to make payments & sent in document after document only to be told by BAC that they didn’t receive them, or they werent’ the right one, & so on. The last document they needed to send was faxed 20 times in a 5 day period with confirmations, but BAC said they didn’t get it. So we called the BAC point of contact person (poc) & when the auto response came on that said the conversation would be recorded, I turned on my tape recorder & spoke to BAC’s auto response & said the same & continued to tape after the p.o.c. person (Miss Hightower) came on the line. Blah blah blah, you all know the story of what they say. We even asked for BAC’s headquarter’s phone number which she said she didn’t have, so we asked to be transferred to the foreclosure department (who also didn’t know the phone # to BAC headquarter), & who proceeded to promise that no foreclosure was forthcoming because they showed that my daughter was in the modification process & as long as you’re in that process there will be no foreclosure. I then went & faxed the last paper again 3 times from different locations but told my daughter that BAC was lying & was probably going to foreclose on their house. Wish I wasn’t so right sometimes. Since her being served I have been scouring the internet for any information I can find in order to help her fight BAC. Your site has been particularly helpful & we have an appointment with a real estate attorney to see if they can guide us through some of the legal mumbo jumbo without actually representing her, but maybe just letting us pay them from time to time for legal information. I also found out that MERS/Merscorp, BAC, 17 other financial institutions, as well as Doe Corporations unknown, is being sued by Geauga County Ohio & the State of Ohio on behalf of itself & all Ohio counties for breaking the chains of land title throughout Ohio & circumventing recording fees, as well as breaking other Ohio laws. This is a great thing for Ohio’s foreclosure victims & I hope Ohio prevails in this lawsuit. The 26 page court document filed October 13, 2011 can be viewed & printed by clicking on the class action document at geaugamapleleaf.com/freestory/Class-action-filed-against-loan-
Great stuff Karen!!
Keep up the good work!
Calling this behemoth monster to the carpet is precisely what everyone needs to be doing.
We’ve been trained to bow to institutions, and that time needs to come to an END … to a screeching halt … RIGHT NOW … IMMEDIATELY.
This is NOT “just business.”
Lying, robbery and extortion is NOT part of the American tradition … as much as these now utterly corrupt institutions would like us to believe … and that includes not just the banks, but government, the courts and law enforcement … in varying degrees.
Sadly, we all have a “Call to Action” as serious (or perhaps even more serious) as what we, as citizens, had to do during WWII … which was fight a worldwide evil with everything we have.
People need to stop saying “What are you going to do?” … and start FIGHTING these criminals with every ounce of their being.
Fascism comes in many forms, and does NOT have to have a funny mustache ranting in German. It can be a so-called American in an Armani suit … denying criminality while being utterly criminal.
Thanks for your insight and tenacity.
DO YOU KNW OF ANYONE LOAN GETTING MODIFIED AT BOFA? PLEASE DO ANYBODY KNOW ?
I’m trying and have been trying for ten months now.
HOW CAN WE ALL GET THIS TO THE WHITE HOUSE ?
I applied for a Modifacation Loan from BOA in May 2011 and told if I made the three trial payments it would go through and that was a lie. They sent a closing company to my house in March 2012 and I was told it was over with and that was another lie. They tell me the loan is final but they won’t sign off on it. I am 72 years old and I have never been through so much stress. It has been 15 months and it’s still not over with and they ruin my husbands credit every month because the take away the trial payment from the original payment and say we are behind when we are not behind. I deal with these people at least three times a month trying to get information and all they say I need to be patient. I don’t believe they will ever sign off on the new loan. They are sitting on it and I talked to a man from FHA in BOA and he told me you need to be patient. I told him I will go to the whitehouse if I need to. Your company has hurt many people and I am old and my husband is 79 and we don’t have the time to keep waiting. Stop sitting on our loan. This is what I did because I don’t believe BOA will ever release the loan. I called FHA Servicing Center because we have an FHA loan at 1-877-622-8525 and I was given a case number on 8/13/12. They told me to try and work with FHA at BOA and I tried and got no help. I called them back yesterday 8/26/12 and they said they would have somebody call me back and they gave me ticket number and they did call me today 08/28/12. They told me if I did not get the final paperwork in 90 days from today call her back. If you have a FHA Loan call that center and if you don’t call Making Home Affordable 877-300-5454. I don’t think this will happen for any of us unless we get some outside help. If that does not work for me I will contact the Whitehouse to see if they can help me or my Senator. BOA was given this money from the Government and they are sitting on it. We can’t let them get away with it.
I have a similar experience with BOA. I am looking for a good attorney. Do you have one, I can use teh same an our cases can be strongr.
Well, it is now June 11, 2012. Over the last week, I’ve been given 6 customer service representatives:
1. Valerie Gonzales
2. Nicole Beels
3. Kelley Kline
4 Hillary
5. Kristi Fonseca
6. Karen Bradish
Now, instead of sending my calls to voice mail, BOA just disconnects me.!!! I don’t know where my mortgage and fear that a sale date is in the near future. I have written to Vermont’s General Attorney and Senator Patrick Leahy. I plan on writing a letter to Senator Bernie Sanders, Senator Jeffers, Governor Shulman, all the State Representatives that cover my county. I will also go back on these comments and write letters to all the agencies that Don S. listed. My attorney is gathering information on BOA and thinks we may have a law suit to file against BOA. This bank has lied to me for almost 1 year. MODIFICATIONS…that’s a bunch of crap. There aren’t any modifications….don’t fool yourself. All this bank wants is your house period!!!! We are saving the mortgage payments that BOA refuses to accept. With the court system in Vermont being so full of cases, my attorney says it will be three years before BOA can make a move. But I don’t trust BOA…they are sneaky bastards. I have a little poem that keeps me pushing and refusing to give up. The bank isn’t going to give up and I am not giving up. Too much ‘blood, sweat and tears’ have gone in to this house. My husband and I are both sick…he has stage 3 COPD and I have severe asthma with many admissions to the hospital. No one is going to throw us out of the house we plan to die in. I will post the poem that I live by tomorrow. I hope everyone can relate to it and live by it. I am and I have been living by that poem since 1985. “Rest if you must, but don’t you quit!”
I have a similar experience with BOA. I need a good attorney. Can you suggest?
I THINK BOA SHOULD ME MORE HELPFUL WITH THIER CLENTS,INSTEAD OF URTING US, THEY SHOULD WANNA HELP. THE ECONOMY HAS BEEN FFECTING ALOT OF HOMEOWNERS,NOT BY CHOICE. THIS CAN HAPPEN TO ANYBODY. IF THEY WERE GIVING THE BAILOUT MONEY Y NOT HELP HOMEOWNERS KEEP THEIR HOUSE IF THEY STILL HAVE AN INCOME.YES BOA SHOULD BE HELD LIABLE FOR THEY ACTIONS.
HOW CAN WE BE APART OF THIS LAWSUIT? I HAVE BEEN TRYING TO DO A MODIFACTION FOR A YEAR, WHAT IS THE PROBLEM WHEN BOA WAS PAID TO DO THE MODIFICATIONS,INSTEAD THEY ACCEPT THE MONEY AND DENIED EVERYONE .IT’S SUCH ASHAME TO GET OVER ON THIER CLIENTS IN THAT MATTER. BOA IS NOW COMING TO DIFFERENT CITIES TO HELP MODIFY LOANS AND THEY WERE STILL DENIED NOW THEY ARE BACK AT IT AGAIN, NOW WHAT BOA ARE PAYIN POEOPLE TO DENIE MODS.IT’S WRONG THEY SHLD BE STOPPED NOW . HOW DO I JOIN THE LAWSUIT CUS IM ALL IN . I;M STRESSED OUT ,MIGRAINES,NO SLEEP,PASTING THE FLOOR,ANXIETY ECT. MY FAMILY AND I DOES NOT DESERVE THIS ., NIETHER DO ANY OF U..
We lost our home 10/15/10 to foreclosure, after falling behind by only two payments. Up until then, we had never been so much as late on a payment over the span of five years. Never even late. I knew we were going to have to move from Georgia to Colorado for work-related reasons, and knowing I would be essentially taking a pay-cut, and knowing I would have to live in CO while I tried to sell my house in GA, I called BOA months ahead of my move. I tried to discuss modification, short sale, or any other options available to allow us to sell our home while I was in CO. I was told they wouldn’t even discuss any options with me until we were behind on our mortgage payments by at least two months! I told them that was the point of my being pro-active…NOT to fall behind and hurt my credit. Plus, I told them, I believe in paying my debts, and I really wanted to honor my loan to BOA and pay them back what I promised I would. Now I can imagine how funny that must have sounded to them. so we fell behind by two payments, and on the second month received a letter of foreclosure. As fate would have it, the very next morning, my realtor from GA called me to tell me we have a buyer for our home. This buyer was pre approved, had 20% cash, willing to buy our home for the asking price. I called BOA (less than 18 hours after receiving our letter of foreclosure) and they said that the loan had already been sold to Fannie Mae, and it was “out of their hands”. I called Fannie Mae (which i had to dig up their number myself…BOA wouldn’t give it to me), and, after finally reaching the right person at FM, she told me they did not have my mortgage and she, word for word, told me “Mr. Roulette, I am so sorry, but BOA lied to you, and is lying to you. And we are getting tired of them lying to their customers…”
This was two years ago. I want in on any class action lawsuit or any legal action available to make them pay.
I believe there is a special room in hell reserved for these BOA pigs, the attorneys who represent them, and the government scum who arrange for and protect them in this cruel scandal.
I am so sorry for all of you who have also been violated by these corporate, legal, and governmental thugs. All we want to do is find a decent home for our family, get a loan to pay for it, and pay them back what we agreed to pay them. Why can’t it just be as simple as that?
Is there anyone who might be able to give me direction on this? Thanks!
YES – CARLIS I WENT THROUGH BOA MODIFICATION —- FROM BEGINING TWO END IT TOOK ME 5 1/2 MONTHS —– 3 MONTHS TRIAL AND 1 1/2 MONTHS WRITING UP NEW MORT. PAPERS —- WENT FROM A 6.7% TO A 4.5%—- FROM DAY ONE TO END NEVE HAD ANY TROUBLE — I LIVE IN OHIO
Listening to all these horrible stories only brings back memories of the same boa Non sense I dealt with for well over a year. I applied for a loan mod and was told I qualified for a three month trial basis. A this point I was a bit satisfied thinking boa was willing to work with me knowing how I really needed to bring my mortgage payments down. After three months I would continuously call daily to be told my loan was being reviewed by an underwriter and they would get back to me. My original loan was a 80/20 mortgage. Meaning I had one mortgage but it was 2179 dollars on one and 657 dollars on the other. I was contacted by boa and told to pay 1700 dollars for the first three months and then it would be decided afterwards what my mortgage would be. After not only the three months later but I waited well over a year. I was eventually told sorry Mr.Cortez but you don’t qualify, and you also owe us well over 8000 dollars and if you don’t pay us within 30 days we are foreclosing on your home. Remember it went from 2179 to 1700 a month, about 500 dollar difference. What theses legal thieves did was tack on that 500 dollars every month for well over a year then tell me I had to pay it all in full. My mortgage was not only never modified but my perfect credit was ruined thanks to these legal thieves. I am a firm believer of what goes around comes around and the people responsible for doing what they did will rot in hell. Can someone please tell me or email me how can I join this class action law suit. Good luck to all ….my email is junecortez302@gmail.com
Well, I’ve been part of this group for two and a half years and yesterday was the happiest day of my life!!! I Fedex my HAMP!! It only took me about 5 times submitting the paperwork….and finally they found ME and apologized that I shouldn’t have been denied. I was one of their clients that was Robosigned and should have never been denied.
They assigned me to someone who I dealt with since February. It was hard for me to “trust” BofA after they screwed me over for so long, but they shaved about $400 from my original note and dropped my rate from 6.25% to 4.625%. Sent my August payment and now I can breathe through September.
I can finally close this chapter in my life!
Good luck to the rest of you!
Alex in SC
Congratulations Alex! One down, millions to go. 🙂
Sounds good, Alex, and I hope it IS finally settled for you, however, experience tells me not to trust bofa.
The best to you!
After 3 years I just got my permanent modification as well. It took going to my congressional representatives, constant phone calls and emails, having a close friend who is an attorney call them. So I am relieved that I got the modification however it is not that great – 4.625% at a 40 year fixed rate. My payments are slightly higher than they were before (I had an interest loan). So I am not sure how this really helps me out much. After discussing it with my attorney I decided to go ahead and agree to the terms. BUT – – – I am not done yet. I intend to do what it takes to have them clear my credit score so that I can get out of any dealings with B of A and find another lender that offers better rates and terms.
Think about all the money they made off of my interest only loan for 3 years. Think about the fact that they destroyed my credit so that I am stuck with B of A and the BEST rate and terms they would give me.
They did me no favors but did the bare minimum as they are under scrutiny!
Keep after them everyone – things need to change!!!!!!
Clarification to the above blog by me: my former loan was an interest only loan.
I’d appreciate anyone who can provide me with any info on current class action lawsuits against Bank America for HAMP modification abuses that I can join or start. I live in California and have strong proof of these abuses and know they did this to countless others. I’m currently fighting eviction and so time is of the essence. Thanks
I wish I could find the same information. Yes I am another of the countless people just like you. I do not have any idea how to even go about a legal battle against this company.
I almost forgot, my e-mail address is jacmar08@yahoo.com if you can send any class action info. Thanks
I have just found this wonderful tool and thank you all for the wonderful advice. I am a single mom of two who has been trying to get a modification since 2010 from BOA. I have signed three different set of papers, had two trial modification periods and was told last night that they were sure it was going to happen now because of my escrow account. I have been making payments like I was told to but I am truly thinking I have to stop and just use the money to find a new home. I would love some suggestions or possibly talking with someone about what my next move is. My yougest daughter has autism and it is affecting her very much to think that we may have to leave the only house she has lived in. My email is cjones214@yahoo.com if anyone would be able to give me some advice in my next move. Thanks!
Hello . I been trying modification w Bank of America for almost 2 years, and always my house still in foreclosure they said I did not send all the papers by I did. And always requesting one through the next one . I am tired and is not fare after I been paying my house for 15 years and put more than 10,000. on repairs. I anyone has a lawsuit to Bank of A . I want to participate , I have all the fax that I sent . tks.
Something exciting happened in hawaii in March 2012, check out on Google Honorable Judge J. Michael Seabright in referance to the Williams’ case.
I have been dealing with the B of A for 18 months now , same ole song and dance !
I was wondering if anyone has read this…
ctwatchdog.com/finance/bank-of-americas-christmas-present-foreclose-even-though-not-a-payment-missed
Hi Everyone,
I have had to slow down my struggle with BOA because it is about to cost me my job, so I’m not on here as much as I’d like to be right now.
Anyway, I did run across another website that was discussing something about the settlement agreement with BOA and the U.S., and it was implying that in that agreement the U.S. tells the bank that it has to offer the modifications to A, B, C, D, etc. loans but then at the end of that paragraph it specifically says that they do not have to approve the modifications on Fannie Mae or Freddie Mac loans.
Has anyone here done any research in that area? I’m now very interested to know what the statistics are on FM & FM approvals compared to approvals on loans with other Investors.
I just feel like it would truly be an impossible fight if our government really was in on gaining control of private property and just using and controlling the banks to do it. Any thoughts?
i would love to have you e-mail that website to me so i can take it to my attorney tomorrow.
redrobin@tds.net
Judy,
I’ve been looking since I last wrote and haven’t found the article yet. It may have been on the blog or something, but I did send him an email asking him if he could tell me where it was on his page. I apologize. I go to so many places looking for information that it is all pretty close to a blur for me.
just a quick update. i have been talking to a woman by the name of karen Bradish. She asked me to fax 55 pages of documents that she needed. i drove from Vermont to old Saybrook, Connecticut to a branch of BoA and sat myself down in front of the manager and told him my story. omg!!! he actually was interested. he took my papers and e-mailed them to karen and karen immediately e-mailed him back and thanked the manager for the documents and for taking the time to help me. The manager made a file of the documents for himself and gave me his card and asked me to stay in touch with him. When i got back to Vermont, i received a call from karen Bradish informing me that my case was at the top of her list and she was going to go to work on Saturday just to work on my case. She talked about a ‘trial period’, making homes Affordable modification, Fannie mae, Freddie mac and “maybe we can throw your back payments on to the end of the loan” She was suppose to call monday night 6/24/12 with some ‘figures’ for me. She did not call. When i was talking to her she said something about might having to make a mortgage payment of $2,300. for about 9 months!!!! Are you kidding me? So, i am still on the ‘merry-go-round’ and tomorrow, i have an appointment with my attorney who is a very, very bright woman. The word ‘law suit’ has come out of her mouth at various times during the last month. i do not trust BoA and all their promises and ‘ifs.’ i am not sleeping with fear that i will wake up on the front lawn. We don’t have anywhere to go….we have my morgan horse, 2 goats, 22 chickens, 1 rooster, 2 ducks and 4 dogs. Anyone want to rent to us with our ‘family.’ i have got to stay in this house…we just have to. We are not young…my husband 74 and i am 66. We can’t start over. There is not enough time. just so you folks know….the left shift key on my computer is not working. please know that i am smart enough to know when to capitalize!!!!!
Hi all, I have been reading alot of your post and am verry interested my wife and I live in Ohio and are going through the same things some of you have already been through and we are loosing our minds fighting with this bank they have sent us two bills a month and when we pay the first, then we got another and it was six dollars different we contacted them and they had already contacted a collections agency over six dollars! then told us wre had to pay a full payment online and they would send the first check back. They then put the first check twards the principal and refused to send us the check. We then contacted the better buisness bureau and they contacted them. They then sent us the check out of our escrow and raised our monthly payment. We are at our end. We dont have much money, We need to know who the lawyers are that are representing others who are being foresed into foreclosure because of this “BANK”. PLEASE SOMEONE HELP US BEFORE WE LOSE OUR HOME!!!!! Sincerely, Dustin
Man! I just got off the phone with my most recent point-of-contact, Erika Vaughan, at BOA. Those people are slap insane though she is at least slightly better than the other three POC I’ve had.
So I found out that what I suspected was happening, was happening. WAY back when they wrongly denied me for not submitting all my paperwork, I’d called my POC right away, he “found” the document I supposedly had not sent in, and he supposedly immediately appealed that denial because I had, in fact, submitted all the paperwork.
Never heard a thing again about the appeal. Then about a month or two ago, my current POC told me that when she tried to submit the application for approval, they kicked it back for “incomplete documentation.” She told me there WAS complete documentation so she told them so and sent the application back in to them.
Next thing I know, I get a trial payment offer WAY over 31% and that trial payment paper says, way down at the bottom, “you were denied for HAMP.” So I wondered if they never even acknowledged the appeal and they were just saying I was denied based on that first, wrongful denial all the way back in November of 2011. Well, I was right. They were.
IDIOTS! So finally we figure it out and she tells me that it looks like my POC didn’t even DO the appeal or didn’t send it in or something because it just says “invalid” as if he screwed up in some way.
She also wouldn’t (or couldn’t, she says) tell me what figure they used for my “current” property value or why the “non-traditional” modification they sent me a trial payment offer for was way over the 31% limit.
NOW I have to resubmit EVERY single document ALL over again and start a brand new HAMP application in. Start all over after 11 months of waiting for more of their deliberate “mistakes.” Meanwhile my penalties are getting higher and higher because my payments are not being made this whole time.
You know, I read that when they do these modifications, IF they do these modifications, they take the difference between what they allow you to pay and what you were paying and they add that difference to the end of your loan. WHAT? For what reason? It’s not like that money is part of what you owe for your house. It’s an invisible figure, isn’t it? That kind of screws up my brain to even try to think about but it seems like that means they ARE charging us a fee for doing the modification and disguising it as something else, doesn’t it?
Ugh. I feel like slapping some Mayans. At least I have all of it recorded in case it matters that they overlooked my paperwork that caused the wrongful denial and that they are the ones who failed to do the appeal. Where are all the attorneys we see on television? 🙂
Hi Everyone,
I have another quick question if anyone here knows or has any thoughts. While I was stewing about reapplying for the HAMP as I explained in my last post, it occurred to me that there were supposedly a set of “new rules” for the HAMP program.
One of those rules was that the bank could legally foreclose on you if you were 200-something (days, weeks, months?) past due on your payments. I’m just guessing that there are other “protections” for homeowners that were in the “old rules” and not in the “new rules” such as that one.
Do you think it is stupid to reapply, knowing that since the new application will fall under the “new rules” (which means they could foreclose immediately based on that rule) or would it be better to stall and try to insist that they follow through with the appeal that they said they initiated (that they apparently didn’t initiate)?
The more I think of it, the angrier I get because SO many missed mortgage payments have happened since then and the further behind I get, the worse it makes it to approve the application. Since it was BOA who told me to stop those payments, I don’t think it’s right that I am getting penalized for it and according to the HAMP rules, could even be denied (legitimately this time) for being so far behind.
I mean, not that it does any good when I don’t have an attorney, but I do have the recording of my second POC, Dimario Abrams, discussing with me his finding my documents, admitting it was the banks error, and telling me he was filing the appeal at that moment. I’m not sure how long we supposedly have to file an appeal after a denial, but since they never followed through with it and he said he did, I’m just thinking they should pick up there instead of me going through this whole thing all over again. Plus, they only really gave me about four days to gather all the paperwork and get it to them b/c it’s the 4th this week and the weekend.
I would really like to know your thoughts or if you have any ideas or suggestions, I would love to hear them.
Thanks,
Karen
Mine is the same story after 22 months I received a letter in the mail saying that the could not modify my loan because it was worth less than 100% of the balance owed and it needed to be more than 100% to qualify . Duh , all of the houses have dropped in value . Tese people are scam artists . I wasn’t behind until the fabulous home modification . I would like to get on board with a class action against them . Let me know where to go and i am in !
I just got denied a modification for-get this-not paying the trial period payments. I did indeed make the payments, exactly as requested, for the last 6 months. Their own records show the payments being credited to the mortgage, too!
I wonder if it is that trick I mentioned earlier? Where they send you two bills, your original agreement and then the new agreement. They are sending out the payments 2-3 weeks apart so people will think that the first one no longer counts and the second one, the new one, is the one that counts when in reality BOTH of them count? Is that what happened with yours? I think this actually happens when people move from the trial payments to the permanent trial payments, but maybe they are doing it with other payment changes too since it seems to work so well for them. Curious to know if that’s what they did, the sick crooks. I’m so sorry they are still at it and that they did this to you. I am on your side.
Also James, if or when you appeal, record the conversation and make them send you proof that the appeal was done because as I said earlier, I appealed an improper denial in November 2011 and didn’t even know it had not really been sent in until last week!
We’re just trying to assume mortgage or basically take our son off mortgage so he can purchase a house as he was put on mortgage with husband to get credit. We’ve been paying BOA for 3 yrs, never late, over 800 credit score and ltv ratio is like 12%. We’ve been lied to, claim they have paperwork then don’t. Claim approved and then want more paperwork. Been with the underwriter over a week and escalated to his boss’ boss but they just don’t care. Don’t have the 2 weeks to go thru our local lender as son has to close on his house but already threatened them with lawsuit, which my husband will do. Never, ever in my life have I seen such incompetent people. Do not ever deal with BOA, they’ve made our lives miserable for the past 2 months and it’s still not done.
Hi Everyone.
I’ve been checking in to see if anyone has any comments or answers to my questions and it seems that there are very few people commenting at all. Is it inappropriate to ask these questions or continue to comment on our ongoing experiences on this site? Just want to make sure I am not doing anything out of line here.
In case it is acceptable and/or appropriate, I just wanted to update everyone on my latest BOA request to resubmit ALL my documents all over again. I discussed my concerns with my POC, Erika Vaughan, and she is trying to convince me that sending in all my documents all over again is NOT reapplying but merely updating the HAMP information from when it got (wrongly) denied.
Apparently, when it was denied and the appeal was flubbed, they automatically tried to qualify me for what they call “traditional” modifications, in my case through Fannie Mae, and when I told them I could not pay their “offer” of the over-31%-of-my-income payment, they now have to re-review a HAMP modification application. Still sounds like a new application to me.
And now, thanks to their unceasing and relentless pounding, I landed in the doctor’s office for exhaustion and am now out of work for a week. There’s just so much people can take, and I already have to juggle bipolar disorder – and a few physical issues – while trying to fight these idiots. I’m so upset that it has come to this with no end in sight. I would just like to know if anyone who has been on this site has gotten anywhere with these people or am I just ultimately causing my own death here by continuing to fight?
Hi Karen …
Been a while since I posted. I’m just catching your post and see a couple of things I should comment on.
It might be an idea … as tedious and time-consuming as it might be … to look back over this blog/forum at some of my previous posts. I’m just another homeowner, but I hope, over time, I’ve gathered a fairly realistic perspective of what’s going on here.
You seem to be headed in that direction, too, particularly with your “death question.”
To answer you directly … and frankly … in the bank’s eyes, that would be a perfect solution to their dilemma.
You are in the way of their profit. You live in the house. If you were dead, you wouldn’t be living there preventing them from profiting.
Am I being extreme?
After nearly three years dealing with this myself, I hardly think so. I firmly believe … in spades … that some at the bank(s) think this way.
Now, the minions that “service” you won’t have a clue that the banks are this serious about profit, but DO know how serious the banks are … and are perfectly willing to be “trained” to do whatever the bank expects to get you the hell out of “their” house so they can realize that profit. After all, they’ve done it to tens of millions, so why not you, too?
You’re simply an annoyance … so they do what they can to make you crazy, give up and move … or grind you down so you become exhausted and give up and move … or … you don’t know what you’re doing and they take the house regardless of your protests.
Your home is an asset to the bank … and NOTHING more.
To answer one of your questions … no … you’re not doing a thing out of line. Do you not think it’s your right to defend your home from attack? It is your perfect right. It’s your home … where you live … your sacred domicile. So yes, you’re doing right.
Another misconception you may have is that the bank hasn’t “flubbed” anything and they’re certainly not “idiots.”
Everything they do is planned and designed … like a military operation … to obtain a specific objective …
… profit.
They do not spend hundreds and hundreds of millions of dollars to train their employees incorrectly. They do not have thousands of MBA’s (Masters of Business Administration) and lawyers in their employ to design flawed marketing schemes from rows and rows of cubicles and offices in building after building across the country.
They know exactly what they’re doing.
To repeat something I’ve said many, many times here … one of the first things they teach you in law school is that you can’t walk into a courtroom even APPEARING malicious … such as having the focused desire to steal homes … but you CAN look stupid … as if you didn’t really mean to steal them.
And it’s PARTICULARLY important to point a finger at the person you’re attacking and accuse THEM of attacking YOU …
“Your honor, this person just wants a free house!”
… all the while they’re using every ounce of their energy to take it from you.
After all, these United States are all about profit these days … right? … so what’s the harm in the bank pursuing a little more profit with a few procedural and legal “shenanigans” to boot you into the street in order to throw a few more dollars at their stockholders and executives? That’s the American Way isn’t it?
The ends … profit … justify the means … foreclosure …
… right?
This is what you’re fighting.
It’s literally a self-rationalizing community of criminals that’s perfectly willing to perform every possible illegal act … including corrupting our political system … and the courts … and the entire monetary system … and even make illegal things legal … to turn a profit for their company.
And if you die along the way … so be it.
If you end up in the street, homeless … so be it.
If you end up sick or insane … so be it.
You’re just another stupid moron that signed a contract when you know nothing about contract law … so you DESERVE to suffer for your ignorance … and they deserve the profit.
This is what you’re fighting.
They deserve nice fat paychecks, bonuses and stock dividends …
… and you deserve the street.
This is all perfectly acceptable “business” in their eyes.
When they lie to your face over the phone and say, “We’re here to help you,” it’s a boldfaced LIE and they don’t mean a single word of it.
They only exist to take as much of your money as they possibly can, whether legal, illegal, moral or immoral … and if that means your entire house, they’ll take it.
For your own sake, please read backwards in this blog/forum. There’s a wealth of information if you spend the time … and not just my posts.
Best of luck … Fight the Good Fight.
We just sent out ELEVENTH packet to Bank of ScamAmerica, and still nothing…many differnt packets to many different branches……Good Luck. You will get the run around foever. If I knew then what theives they were, i would have refinanced long ago…i would rather loos my house to some other bank than to these lying scamming manupulating liars…..
Me, too Al. It’s the one thing that has made me take a second and third look at the modification that I’ve been pretty much begging for for almost a year. If I do get the modification, I’ll be paying BOA my money again (most likely on another bad loan) and I just hate that idea especially because they’ve now ruined everything.
We have so many houses in our neighborhood now that have been lost or given back that not only have the property values plummeted throughout the county, but they are renting the houses out.
Just try to remember to send them the updated property tax assessment to show your house’s current value
For several years now I have been following the financial meltdown in this county by the reckless behavior of our financial investors at Wall Street. Millions of Americans lost billions of dollars in their investments, pension funds and homeownership values all because of the reckless hedge betting practices of Wall Street, corporate greed and predatory lending practices. At the same time Americans were losing everything they have worked for, Wall Street and it’s big bank friends such as; Goldman Sacks, AIG, Liehman Brothers, JP Morgan Chase and others were getting bailed out by the same people they stole from, the taxpayers. In addition they were getting tax write-offs for their loses, but the real victims of these scams got no help. I believe the American people deserve the same consideration and support these companies are getting when through no fault of their own are paying the brunt of these losses.
If Wall Street can get a bailout and tax relief for its reckless behavior with these highly potent risky practices that put all of us at risk without the share holders even given the opportunity to vote on the matter to move their modest investment portfolio to a high risk endeavor, then surely they should be entitled to some relief through compensation or tax credits / relief. In fairness to those who have and continue to take these substantial investment losses and to give real relief to these families who are losing everything to include their American Dream, I proposed the following:
1. That every investor review their investment portfolios prior to the Wall Street crash, assess the value at that time and record that number down. Contact all the investment houses where your money was being placed on the promise of a moderate growth to secure your retirement and future, and get a certified statement from them which reflects pre and post values of your property prior to the Wall Street crash.
2. Once that information is collected and certified, we should file an amended tax return to the IRS for those losses as a “Casualty or Theft Losses” deduction to be recouped over a period of 10 years. Those certified losses over and above what the market normally expected to be acceptable and manageable routine market trends, should be realized as a “real” loss to the investor.
IRS – Losing personal or business property due to a casualty, i.e. fire, flood, hurricane, or theft or other similar event is devastating, but some casualty or theft losses can be recouped through income tax breaks on your tax return. If you have a casualty or theft loss, you may be entitled to a casualty or theft loss tax deduction on your tax return. A casualty loss is the damage, destruction, or loss of property resulting from an identifiable event that is sudden, unexpected, or unusual in nature. People who suffer a casualty or theft loss may be able to deduct on their tax return the casualty or theft loss when they itemize tax deductions on their tax return.
It was the reckless practices of the market place managed by Wall Street, Big Banks and Investment Firms that have taken on these excessive risk over and above the normal risk for which most investors were not aware of that cause these losses and the theft. They were sudden, unexpected, unusual for which fits the IRS description of these types of losses. I believe every American that has suffered from these practices should at a minimum be granted approval to take these losses as being “real” so that they can recoup some of what they have loss. Wall Street should pay for those losses by reimbursing the Treasure Department for all these amended tax returns being filed and refunds are given. Give the people their money back at all levels, charge Wall Street and those big banks for their risky behavioral practices. Tax break for the middle class that could also help stimulate our economy as people try to rebuild their lives from this disaster caused by the “Free Market.”
Please pass this on and let me know what you think about this proposal and is this something the president can act on with a change to the tax law and executive decision?
Thank you
Brian H. Wayman
Utah 84056
Brian,
I am moving out of my comfort zone with the tax laws and such, but this sounds like a completely fair and legitimate position and proposal. None of those ideas ever even crossed my mind, but you are so right. A truly excellent idea.
Don,
Thank you for your response. Yes, I have read all the posts when I first found this website. It probably wouldn’t hurt to refresh my memory though; you’re right.
There is something VERY wrong with this “new application” thing I’m dealing with at the moment. Either that, or I have PTSD. 🙂 I wrote about it in my previous two posts. The reason I say that is we all know how little we hear from our POCs, right? Well, ever since I voiced my concerns and reluctance to start a new application versus just giving them the required updated information for my original application that they wrongly denied and then didn’t appeal for me, my POC has called every day and not only that, but some lady from the office of the CEO called to “address my concerns” as well. WTH?
Like you said, Don, they don’t care one thing about my concerns and never have, so why now? I’ve stalled as long as possible so that I could figure out what I needed to do next, but I’m out of time as my documents have to be in to their office by tomorrow morning. The best I can come up with is to 1) Find out from the MHA website, which documents need to be periodically updated, and 2) Make sure that I write on each of those documents that they are for the purposes of updating the information for my 2011 application, which was delayed because of a wrongful denial followed by a failure of BOA to file the appeal.
I just don’t know if I’m now the one being difficult (or paranoid) and just holding things up because I only “think” there’s something wrong with giving them an entirely new application. I just no longer trust them so the fact that they want me to do it, scares me. But I don’t know if I’m being unrealistic by telling her I want them to go BACK to my old file, and UNDO the denial because it was a wrongful denial, and go from there. I keep telling her that one good reason to do that is that I would owe a heck of a lot less in back payments and that could make the difference between me being denied or approved.
She says she believes me but now that it’s closed and the appeal is past the time allowance, she can not go back to it and can only start a new one. It sounds reasonable to me, but at the same time, it doesn’t. Oy. I am just SO pissed that I don’t have a lawyer in the family to help with the things I can’t do or answer some questions, like this one.
I gotta hand it to anyone who has fought these demons by themselves for YEARS. I can’t even imagine it.
Karen …
1) They WANT you to have PTSD. Remember, they don’t just employ lawyers and MBAs, but psychologists and psychiatrists, too. As I mentioned, they know PRECISELY what they are doing.
2) BE difficult … don’t be AFRAID of being difficult. They EXPECT people to buckle since so many millions HAVE. Since so few fight, they have little in their arsenal to fight the fighters … real fighters that is … not “complainers.” You have no option but to follow their process, that’s simply the way it is, but THROW SENSE IN THEIR FACES … meaning MAKE SENSE at every turn. Call a spade a spade and don’t take ANY crap. Their correspondence is so full of bullshit it’s not hard to throw it back at them. CALL THEM on every bleeding point they try to shove down your throat. In other words … ACCEPT NOTHING they say or do that doesn’t lead to either your modification or your vindication.
Remember …
THEY ARE CRIMINALS …
… and nothing more.
None of this has been “just business” for a VERY long time.
Don,
You were right, again. LOL. They were insisting I restart the process all over again basically saying sorry for wrongfully denying you, sorry for not filing your appeal when we told you we did, but since that’s all in the past, all we can do now is start over – can you please turn in ALL your documents again?
As I said last time, I pointed out to my SPC that this was completely unfair because my home has since lost $49,000 in value (also because of their greed) and not only that, but I am now about a year behind on my payments (initially because of their instruction) and that also puts me in a worse light for approval.
I was very stressed about sending those documents in although I did collect them all, along with my MUCH needed and appreciated annual county property tax appraisal that shows the real value of the house now. Anyway, for whatever reason, I didn’t send any of it in.
Next thing I know, I got a letter from BOA saying they were (miraculously) able to use my earlier documents after all to determine my approval! These people have probably spent SO much money on trying to trick, lie to, mislead, cheat, steal, etc. all their customers that it is sickening.
And now my neighborhood, which WAS a new subdivision in a newly developing county, is absolutely ruined. House after house is being lost over these modification games the bank is playing. So now the people who are moving in are, well, just looking to rent. They aren’t interested in improving the home or the area because it’s not their home. The banks have just ruined everything even remotely connected with this issue.
The other odd thing they have done is that every time I write to them and list out everything they’ve done wrong, I get a letter back from the CEO going over those issues but she will constantly leave out a few complaints. She never mentions my request for her to tell me what property value they are using or the late payment “adjustment” they need to make for not handling the modification on time.
They did send me copies of title transfers, but those only show Countrywide (my first servicer) and then just some documents that mention that the rest are MERS documents. Not sure what that means. I mean, I know what MERS is, I just don’t know what they are saying to me when they tell me that.
11 YEP 11 FULL modification packet have been sent to Bank of ScamAmerica, almost all have gone to different people and different Bank of ScamAmericas across the USA.
This bank STOLE money from Government LIED that they would help people in need modify, CHEATED people out of their homes by LYING about lost paperwork, and yet they are still in busiess……AMERICA it is time to STOP STOP STOP BANK OF SCAM AMERICA!!!! We can not give in to GREEDY THEIVES OF CORPORATE AMERICA>>>>>>
Bank of America….hmmmm they should be sued just for using that name. Anyway, I received a Notice of Intent to accelerate my loan if I didn’t pay 2675. by July 18. I paid it on June 29. I was told all was good and just get my next payment in. So whne I called to make my next payment, they said I owed 698. and it needed to be paid by July 18. I asked why do I owe this and she said I will send you a copy of your payment history and you can look it up. So I made my payment and not the 698. The next day I got a letter saying I owed 87. by July 18th. I called and I was told to ignore the 87. because it was wrong and she proceeded to tell my that I owed 260. by July 18. So I paid that over the phone. After thinking about it I realized that things were not good here. So I called her the next day and she of course didn’t remember any of our past conversations. So I retracted the 260. because I know I don’t owe that and had her take out of my account 87.
It was realized by me…that the 2685. I was told to pay by July18 was applied by them all wrong. It didn’t cure the Notice to Accelerate. They applied it to my mortgage payment and the rest went into a partial payment account!!!! Leaving me heading for foreclosure! The 87. was a late fee being part of that 2675! So then I was told that 595. was over paid by me because I paid before July. So I had 595. just sitting in an account. I asked if I could use it with my next payment SURE I was told. So on July 12 I made my mortgage payment and used the 595. I asked if everything was fine and she said yes you are all caught up and good to go. So today 4 days later I get a notice from MERS that I have 30 days to contact them or they will begin foreclosure! So I call again and she has no idea why I got this letter but I owed 595.!!!!!!!! Are you kidding me? She had just taken that out of a partial account that I had supposedly over paid. Now I owe it again!!! WOW…so I once again paid this amount from my checking to get it done by July 18. I was then told I could ignore this letter from MERS. Really?????? What do I believe? Who do I believe….NO ONE FROM BANK OF AMERICA!!!! It give s me a headache just re reading this. I know more about my account then they do but I have to keep paying and paying and they still want more and I have to prove I DON”T OWE IT! As of right now I am current and no fees and fines owing so THEY said. What do I do? Is this MERS letter a warningthat I am in foreclosure????
I’m so sorry to all of you that have fallen victim to this travesty!!! I have altered my thinking of the integrity of Bank of America over the past couple years. Here is what happened to me, sort of a double whammy:
To shorten the contents, I will list just bullet points, it is not hard to read between the lines:
Lost job Aug 2008, could not find work with comparable salary.
Sept 2009 made last mortgage payment after contacting BofA asking for help through a loan modification.
Oct-Feb, 2010 constant contact asking about my loan modification.
Had to leave messages, no one would call me back, not even the person (Jim) that had been assigned to my case.
Feb, 2010 loan modification was approved NOTE-I was never NOTIFIED and did not find out until BofA was ready to sell my home in foreclosure Sept, 2010.
Mar 2010, received court papers regarding a potential foreclosure on my property.
Mar-Sept, 2010 countless, unsuccesssful conversations with BofA regarding and asking them to help me work something out.
Sept 2010 my house and property were put up for sale but no one in my community would buy it, hoping that would help……………
Oct 2010 still no communication concerning eviction or anything, I was left totally in the dark.
Nov 7, 2010 my home burned to the ground sparked by faulty brick mortar from years of use. I lost everything I had worked for for 35 years.
My insurance (thank God I had not cancelled) agent contacted Bank of America because of what had transpired re foreclosure. He was told the name of the person and the address of the person at BofA to send the check!!!!!!!!!!
Okay, I thought this is finally over, mortgage will be paid off, a little left over that should be sent to me, and I can move on from this nightmare!!! WRONG
THEY SOLD MY PROPERTY
I am/ was / don’t know if I am still with or own my home. I need help With Bank of America.
Bank of Screwing America has taken our home…June 11th our home is now not our home. After a few years of trying for a modification due to financial difficulties, they have made our financial difficulties that much worse. WE did everything we were asked, submitted financial info several times, made months and months of “trial” payments while being told not to make our regular mortgage payment, thus putting us further and further behind in our pmts. Our mods never got processed, after being told several times we qualified. Spoke with many cust svc reps in BOA…we finally got tired of the run around, tried to make regular pmt including additional funds to add to the arrearage that BOA created….out pmts never were applied to our P&I… they sent back a few saying we didn’t have enough…but for most part the majority of our pmts were put into some other acct. not applied to our mortgage bal. THIS IS CRIMINAL…. so we hired an atty back in Nov 11, they too took our thousands of dollars and doing nothing after reassuring us that we had a good case and they could help us finally get a modification and rebuild our credit….once our house sold they said Sorry we can no longer represent you and never returned our money. So I contacted my local representative…I was sent a form to fill out which I did and it basically asked what I wanted from them (BOA)…I told them I wanted my house back, I wanted my money back they did not apply to our mortgage, and I wanted my credit repaired. I received a letter back via representatives office from BOA basically statine we were behind on our pmts and they had the rigTht to foreclose, not once mentioning the fact that we applied numerous times for modification. Therefore that leads me to believe they have no record of ever receiving paperwork for the modification. SO WHAT NOW>?????? I WANT JUSTICE.. I WANT MY LIFE BACK… I WANT RESTITUTION FOR PAIN AND SUFFERING…I WANT THEM TO PAY FOR ALL THEY HAVE DONE TO ALL AMERICANS WHO WERE SIMPLY TRYING TO LIVE THE AMERICAN DREAM! Who can I contact now??? What can I do? My husband and I cannot buy anything now…we are stuck wasting our money on renting…no ownership of property, no investment.
I am having the same problem with BOA… In 2010, my husband had lost time from work, so we had asked for a modification for several months. They insisted that they would send the paperwork for my sale date was on Dec 23, 2010… Well the beginning of December we still had yet to receive any paperwork that was supposed to be overnight ed several times as promised. In otherwords, My husband and I was getting the run around from BOA and they were now stating that they could no longer overnight the paperwork for the modification and that we would not receive it in time. I then filed a complaint with The BBB and finally the sale of my house was stopped. Now, It has been about two years and my second modification but BAO claims that we r 23 months in rear…. I am exhausted and have been fighting too keep my house…. The first modification was to become permanent after three months but after making the 7th payment they informed my husband we no longer qualified and that was after directly taking the payment. They have informed me of one thing and then told my husband a totally different story. As stated previously, We are now on the second modification and still no closer too paying on the actual loan… They added hazardous insurance too our policy and the ridiculous late fees continue to this day! I called them on the hazardous insurance and one rep informed me that bc we were in a modification it signified that we needed help so the insurance could not be removed. Another difference with the Second modification, it is higher than the first in which I have yet too understand considering the information is exactly the same. My husband and I would like to get in on this lawsuit bc we have been violated and are exhausted but i have the actual payments and paper trail to prosecute this corporation to the fullest extent of the law!
BOA has been beaten me around the bush since December of 2009 when I lost my Job.. Found a job in 2010 not making the same amount of money.. They wanted to modify my loan for $3100.00 a month the same its was before, not given me 3% interest on a FHA loan. eventually my home will foreclose because thats what BOA wants… They keep on sending me modification documents ,Buts thats all BS..! Got ripped off 7000.00 from so called mod experts..
I have read most of these posts and can only say WOW! I started my modification process back in June 2008 (4 years ago) with my husband Joe. We submitted everything they asked for at least 3 times a year with each Fed Ex package mysteriously disappearing. We got help from a lawyer, but she said I was doing more than even she could. I called everyday and hounded them. It would successfully put off the foreclosure for 120 days each time but nothing ever got accomplished. My husband passed away two years ago so now I go it alone. I recently got a notice of foreclosure taped to my door even though we were in negotiations for modification with a court date of September. Yesterday I get a voluntary dismissal of foreclosure notice. I don’t know what the heck is going on. BUT I KNOW ONE THING, THEY ARE GOING TO HAVE TO REMOVE ME. I am not going anywhere easily. If there is a class action lawsuit, I would like to be party. Any help would be really helpful. I have 2 baby grandchildren (2 and 6 months) that need a forever home, not a wait and see home… 🙁
WOW, I have had the same problem with BOA. After reading all of these I have been going through the same exact things, it is like reading my story in all of yours. Ihave been applying for Modification since April 2011 when I lost a huge amount of income. I was sent the FedEx Package which I filled out and sent back to them. 6 months later I get a notice on my door that I am in Foreclosure and the date of the forclosure was June 15. I started the Short Sale process and after seeing what they listed my house for just blew me away. I bought my home for $365, after 8 yrs I thought my balance was $295 but BOA said I was 23 months behind and now was going to owe $400, but the short sale company listed it at $310, then I got an offer for $285 which was going to be a “good offer” I was told. I also noticed on the contract that the Foreclosure date had moved to Aug 12. So I called BOA and they told me that I was eligible to re-apply for a modification. I immeaditly started the process. I found a BOA office near my office and went in to apply face to face, that was on June 28, 2012. Thinking that my application was submitted, last week I get a phone call from the BOA office stating they are awaiting more paperwork from me, and that the Customer Serivce manager I was working with suddenly quit 2 weeks prior and did not submitt my application and now it is too late to submit. My home is set to go to auction on Wednesday, Aug 8. I am trying to contact someone else at BOA to help stop the Foreclosure that is supposedly 5 days away. CAN SOMEONE HELP ME!!! Please!!!
I have been dealing with Bank Of America for 5years, was put on 3 different trail pmts, and now there are putting my loan into foreclosure. It seems the loans that have a private investor are not getting any help what so ever. My home as lost 100k in value as well.
I would like to join a class action against BOA
Used to finding a Bank of America ATM whenever you need one? Don’t look now, but that could be changing.
This year, Bank of America has cut a record 1,536 ATMs, or about 9 percent of its total stock, write Hugh Son and Zachary Tracer of Bloomberg:
Bank of America chose to pull most of its ATMs at malls and gas stations in part because those devices only dispensed cash and weren’t available 24 hours a day, (Bank of America spokeswoman Anne) Pace said in an interview. Customers want to be able to deposit checks at an ATM, she said.
“It’s about convenience and access, that’s what the customers are looking for,” Pace said. “People aren’t banking 9 to 5, they are banking when it’s convenient for them.”
…
It costs banks an average of $1,700 per month to run an ATM on someone else’s property, compared with $1,100 at a branch, said Tony Hayes, a partner at consulting firm Oliver Wyman in Boston. The difference stems from rental costs and fees for armored couriers to refill machines with cash, he said.
Read more: Banks giving ATMs the ax? | Bankrate.com http://www.bankrate.com/financing/banking/banks-giving-atms-the-ax/#ixzz22h9QVu1c
my name is pauline my home that b.k.o.a was(is) my mortgage holder had mole in it multi other things such as wiring we were getting sick my boys and i , myself am a heart recipient got my fiancee also, tried to get the bank to help fix the problem they said it was up to me or my insurance they said the bank again they no so I got the gov. in to it the gov. inspected the house declared it unfit &hazardous to live, which tell,s me why we all were getting sick.we got 82,000 $ grant the gov. tore the house down and built us a new home b.k.o.a sold my home while telling me they were working on remodification with fannie now they say i got move after fifthteen yrs.
can someone help me this is my lif savings igot the grant and built myhouse now they take it who can help they sold my new home after the waited got it finished it now have to pay the grant back with no homeee can anyone help me please
I keep reading all the posts. Seeing people asking how do you join the Class action Suit against BOA?? Yes How do you? Can anyone tell me? I thought maybe I joined a couple years ago, but I have heard nothing. Anyone know how I’d find out? A lawyer in Seattle contacted me and asked if I wanted to join it. But as I said I don’t know what’s up. I think Bank of America could drive a person CRAZY….. Thanks Judy in Washington.
It’s been a long time since I’ve posted here. I won’t go into detail of my mothers situation other than the fact she was denied refinancing of her loan with BoA via HAMP…after three years of jumping through hoops and being repeatedly lied to and given various excuses and new BoA people to handle her “case”.
I come here once more as a bearer of bad news.
If you haven’t already figured it out HAMP was a complete scam created by US Treasury Secretary Timothy Geithner for one reason and one reason only. To help the banks by spreading out millions of foreclosures over 3-4 years to help the banks get healthy again.
I repeat, HAMP was not created to save homes for the home owner. HAMP was not created to have the banksters work with the home owners to get their mortgages refinanced.
HAMP was created to put millions of home owners in limbo for up to four years, giving home owners the false hope that they’d save their home. This program delayed massive amounts of foreclosures to occur at one time, a time when the banksters were struggling after the near collapse of our economy and financial system due to these same bankers and Wall Street.
The link below will confirm the bad news I am telling you. In Neil Barofsky’s new book he writes that Timothy Geithner admitted this to him back in 2009. I wish I had good news for everyone and I wish everyone well.
.firedoglake.com/2012/07/20/barofsky-book-geithner-confirmed-in-2009-that-hamp-was-designed-for-banks-to-spread-out-foreclosures/
My Bank of America Story
I am starting this to record the interaction and actions I have had with Bank of American and the problems I have had with them. This is an ongoing situation.
I started my own business in 2009 when I could not find work and my fiancé’ now husband was laid off in 2010. And that is way I could not make a payment to Bank of America, I called and told them that our finances had changed and we could be looking at missing payments. The told me that they could not do anything to help me until I was 3 months behind. I went 4 months and made one payment and was behind 3. I called again and was told they would help me apply for a re-modification, asked me to gather the information they required. They also informed me that it could take up to 3 months to find out if I was approved. This would be for the Obama Home Plan. After waiting and waiting for an answer I finally received a letter, thinking it was about the re-modification, I was a bit excited. To my dismay, it was a foreclosure notice. I called and the representitive informed that my re-modification was still under review and that I would not be foreclosed on while it was in process. I get another notice of foreclosure, and I call again, this time I am told that they could foreclose and anytime the felt it was necessary. I begin to panic, and I call again in a week and get that I was not that far behind and the re-modification was still under review. That I should not worry and that I should wait to hear about the application. I call every week and get the same two responses. I finally get a notice about the re-modification, to my horror I was turned down, they stated I made too much money. With my business just being started and my fiancé’ now husband pulling unemployment, we was making about $800 a month and paying out of $1300 a month, how is that too much? I was shocked and angry all at the same time. Not even week goes by and I get another notice of foreclosure and I have 2 weeks to find a way to keep my home from being sold on the court house steps. I contacted an attorney who advises me to file bankruptcy. So I pay him to do this and my payment is even higher to the Trustees than my house payment. But we manage with the help of my family to pay this for nearly a year. Then finances change again and my family can not help any longer, and I can no longer pay the high trustee payment, but can make the house payment. This is in November 2011. So I contact the attorney and they advise me that I can file a different bankruptcy and dismiss the first one and take on the house payments and back pay to Bank of America. In the mean time I have to start making payments to the BOA immediately and I do so. I go to the local BOA and I am told they can not take my payment. I ask them to call and find out why. I am then told I have to be approved to make payments until the bankruptcy is dismissed. I get approval and 5 days later make a payment in December. In January I make another payment with no problem. In February they refuse to take my payment and the technician will not approve it. I ask several representives, several times why, and no one can answer me. I ask for supervisors and get machines and no call back. Finally I am able to make payment, and I receive my bankruptcy dismissal papers, and the courts and my attorney send BOA copies and I myself faxed 3 copies of it to them. I also send all required information to start the re-modification process this is in March. After making the March payment I am able to make payments with no problems. I receive a letter dated May 3rd 2012 from a Chad Marchman stating he is my dedicated Customer Relationship Manager and if I have any questions I can contact him and he gives a number. I then get a call from my attorney stating they received paperwork from BOA for me and they forward it to me. It is a packet dated May 17th asking for more information for the Re-mod most of which I had faxed in March. I have many questions now and try to contact Chad Marchman. Around May 24th I call and get his voicemail, I leave message; I try again that day and leave another message. I try a third time the same day with no response. His message states he will contact me in 48 hours. I wait till May 28th and call again and leave another message. His voice mail also gives me another number to call I try it and get no answer. From here I call 3 times a week and wait for a return call. I never here from no one with BOA, I get another packet from BOA though my attorney, dated June 19th requesting the same information and states if they do not receive my fax by July 4th I will not be considered for re-modification. I try to call the number on it and get a Jenny and get the same message that is on Chad’s number they will return my call in 48 hours and if they don’t to call another number. I left 4 messages with 4 different people and I am now waiting on calls. I call on the 29th of June to make a payment, and I am refused. I ask why and they say they have a notice on screen not to take payment. They state that they have not received the Bankruptcy dismissal and I ask for a manager after a 15 minuets wait I get a manager, who tells they don’t know why they have not received it. And ask for Court papers that don’t exist according to my attorney. The only thing they or I will get is the dismissal letter that I received and sent to BOA. On June 30th I answer the packet information best I can and fax it and all required information to BOA. On July 2nd I finally receive a call from Mr. Marchman and he tells me that he is sorry for the delay in calling me back. And says the still do not have all of the paperwork required, they added to the packet the information necessary. I provide them the paperwork requested again. This goes on for the next week adding to what they need or saying they did not get when I have already faxed it. He gives me another fax number to send paperwork to. I send all required information and receive another call from Mr. Marchman on July 12th asking for more paperwork. I fax what he requested again. On July 13th I receive a letter stating that my re modification will be turned down because I did not send in the proper paperwork. I called and left a message for Mr. Marchman, and he returned my call and told me not to worry about it to disregard that letter that he is sending it in to processing. And he requested that I refax more paperwork they say they do not have. I fax those the same evening. I had not heard anything more from Mr. Marchman and I called several more times trying to reach him. On August 21st I receive 4 separate letters dated August 16th stating that BOA has started the process of foreclosure. The letters had contact information and I call and get routed to who is my new account manager Shawn Washington. I left a message and did not hear from him so I called him back the next day. He answered and would not give me an explanation of why I had a new manager and told me that I did not meet the deadline to have paperwork turned in. He requested that I re-date and re fax all the information again. On August 23rd I received a letter dated August 17th from Mr. Washington stating he was my new account manager. In the meantime I have emailed Mr. Marchman asking for an explanation as Mr. Washington told me that he had misinformed me about getting the re-modification and I received an automatic email stating he was out of the office till August 27th. I am still waiting to hear from him the letter from Mr. Washington stated that I was assigned a new manager because either Mr. Marchman had left the company or been promoted. In the meantime I acquired all 51 pages of the necessary paperwork they requested and faxed it again on August 27th twice.
NEWCOMERS …
I have a strong suggestion.
For your own sake, take the time to read through this site, particularly this page and two or three pages back. Simply click on “Previous Comments” in light blue at the top or bottom of this column.
By most of your posts, many of you don’t realize how this site or the suit it refers to actually works.
It may not be what you think.
The best way for you to help yourselves is to … well … help yourselves … and educate yourself on how things REALLY work, both with this modification scam AND the legal process that can/could hold the banks accountable.
Read, learn, think, but most of all ACT in effective ways to combat this thing. Face the fact that this is a war for the very roof over your head and you’re just learning how to fight it.
I also need information on joining the law suit against BOA – been lied to again.I have paperwork and notes on my contacts with their varies “professional” case managers. I have also starting writing down my experience with them and hope some brave editor will publish it when finished – talk about black comedy humor.
I too have been trying to get a remodification from BOA since October of 2011. I have sent in the required paper work 5 different times. Every 3 to 4 months I get a statement from BOA informing me I have a new Finance manager asigned to me, and they need the same documents the last finance manager asked for. Like I said 5 different managers and they all have asked for the same documents and nothing has happened yet. I would like to know how I can get information on the class action lawsuite.
Hello this is MARGO LA BAYNE AND YOU ALL NEED TO GO TO THE SITE OF ” INDEPENDENT FORECLOSURE REVIEW ” I HOPE OUR GOVERNMENT IS FINALLY DOING SOMETHING ABOUT THE ILLEGAL FORECLOSURES THIESE LENDERS DID AND THERE IS MONEY TO GET IF THEY FIND FAULT WITH THE LENDERS ON HOW THEY PROCEEDED WITH YOUR FORECLOSURES.
I HOPE THAT DON S FROM PENNSYLVANIA is still writing on this site. I wrote to you several times in the time line around December of 2009 until March of 2010 and sometimes after that. I am in need of all writings by myself on this site and I didn’t make a copy and I am hoping someone out there is smarter than I was, or am. If any of you have printed out copies of this site from those time lines please call me asap. My number is 714 608 8595. To those of you writing on this site MAKE COPIES OF ALL YOUR WRITINGS, IT PROVIDES GREAT TIME LINE OF ORDER FOR YOUR CASE.
I sold my home, got payoff from Bank of America, I have a cash buyer rec’d $1000 deposit, BOA refused to accept their payoff and started foreclosure, Now I have another buyer with an offer higher than previous buyer, This cash buyer gave me an offer of $142,000 that paid of primary mortgage and second mortgage and I was going to walk away with $13,000 everything paid off. It is now in Fairfield County Common Pleas Court case# CV 12-0720 they want a Default Judgement to get the property.
BOA Is now going to try and get money from Fannie Mae who gaurantees the loan.
This is absurd
I had the home sold before Foreclosure.
What can I do, cannot afford an attorney.
Gary
We all can vent but is there REALLY anyone who cares or can help? Myself I was trapped into a fraudulantly induced contract and Countrywide acknowledged during a taped phone conversation it should not have gone through, yet 6 years of paying interest only, begging for help from Lawyers who don’t give a s—- and still paying. I am their slave to interest and now NO ONE returns my calls after being denied a mod. Everyone who talks to me talks to me like I am the crook, yet the loan originator Warranty Title “Robert Steuks, Bedford New Hampshire has been sued and charged with fraud and he is the one who originated my loan through ommission of a life estate in which I knew nothing of his fraudulant acts until 2 years into the loan. This is how the gansters get big. There are no rights for us!!!!!!
Like many of you, I feel that I was lead over the river and through the woods concerning a loan modification. For me, this has gone on much TOO long. I feel that BOA should have taken each homeowners current income and modified our based on that. That’s too much like righr. The federal government gave BOA a heaping helping hand and much to our misfortune they did not feel the need to share the proceeds. Now, I’m looking at having to do an undeserved short sale.
Buy now, we should all know that loan modifications are a scam. You can even read about it in Neil Barofsky’s book titled “Bailout: An Inside Account of How Washington Abandoned Main Street While Rescuing Wall Street”. Not only is this a scam created for the homeowner’s detriment, the banks gladly follow along and no one is better at riding the fraud pony than Bank of America.
Under the so-callede settlement terms, the 5 banks included in said settlements were supposed to reduce principals and modify mortgages. So far, all of them have complied except one, you guessed it: Bank of Screwing America. Since the settlement, Bank of America has NOT reduced one single mortgage, not even one!! Their complete disrespect to the laws and terms of a contract is complete;y disgusting but in honesty, it is expected by this criminal enterprise. Please, do not expect to get a loan modification by these crooks unless you sue them and even so, they have been known to not comply with court orders. Therefore, sue them and sue them good and do not sue them for a loan modification because eventually they will screw you over because that is their sole purpose in life. Individually, we can only make a small dent in this behomouth money-eating machine but if ALL of us are nipping at this beast, it will eventually bring it down.
I haven’t been here in a while. Other than being tormented by my illness which was caused by Bank of America’s consistent abuse, I have been busy preparing a second lawsuit against these criminals which I already filed on August 15th. It has taken me a long time because I am much slower than I used to be. My husband is also working most of the day and he has to help me with the pleading, etc. I will update soon.
http://thinkprogress.org/economy/2012/08/29/769141/bofa-zero-mortgage-modifications/?mobile=nc.
PS….. Sorry for all the typos on my post. My brain is not working properly I guess and I do not have the patience sometimes to proof-read what I am writing.
well it seems BOA sucks! and we all are in the same boat any info on the class action please e-me h73@BELLSOUTH.NET THERE ARE ENOUGH PEOPLE ON HERE TO GET A CLASS ACTION !
GOOD LUCK EVERY ONE !!!
PLEASE E-ME WITH CLASS ACTION LAW SUIT INFO
H73@BELLSOUTH.NET THANKS my story sounds just like about 50 people on here there are enought people on just this site to make a law suit
I’ve been fighting wit BoA since 2009. They didn’t have their paperwork correct with the county. The previous owner’s name and mortgage company was on every thing. The judge didn’t care, pushed it through anyway. I contacted my Senator and the Comptroller of Currency. Hasn’t helped. They are currently holding some of my money in “limbo”. I sent a qualified written request and am currently refusing to pay. I’m sure we will be foreclosed upon soon. I have pages and pages of notes and lots of questions for Bank Of America with no hope for answers. We got a lawyer and thought she would help. Pointed out to her that BoA didn’t register with the county. After not having done this for 2 years, BoA all of a sudden decided to do so and the lawyer disappeared. Thanks to everyone for all the info! This maddness is enough to make one crazy. It’s such a crazy rollercoaster! It’s nice to know it’s not just you, but in this circumstance, it is also disgusting!
Also, when I contacted my county attorney to inform them that BoA had not registered as the note holder, they told me, only having 90 days to register didn’t apply and being required to follow the law didn’t apply to this situation. So, why is there federal law and designated fines for these instances?
Please send me information on the class action lawsuit against BOA. How do you become a part of lawsuit, how much do we, if anything, pay your company, and how do you get the money?…
Donna, Jeff, Sande and other newcomers …
I hate to be the one to break it to you, but this site and the lawsuit mentioned in it is NOT what you may think it is and does NOT work the way you may think it does.
Banks, attorneys and courts love it when people don’t know how the system works. I, like you, came to this site three years ago with the same misconceptions. Over time I learned.
This is your challenge.
There is no “signing up” for a lawsuit. There is no one, single solution to your problem. Class action lawsuits aren’t even necessarily the best way to go about solving your issues. There are no magic pills, magic buttons to push or heroes that will rush in and save the day.
Sorry to drop reality at your doorstep.
YOU are the only ones that can save your homes … by educating yourselves … by researching … by learning how all this works.
This is literally a WAR … and the one with the most information … knowledge of the law … is the one that wins.
Banks have thousands of lawyers at their fingertips and THAT is why they’re able to take homes so easily. This is about “contract law” and they can manipulate those contracts, the law and even the courts any way they like with their economic power and access to the law.
ONLY YOU learning, personally, how the system works will help you save your homes.
I’m no lawyer and only a homeowner like yourselves, but these facts I’ve learned IN SPADES since my own battle started in 2009.
This site happens to be a wealth of information IF you’re willing to read back over posts and educate yourselves. Yes, no one has the time … no one has the patience … no one has the intestinal fortitude to dive in that deeply and make that kind of commitment …
… and THAT is a key element to why and how banks are able to literally STEAL homes … from homeowner’s ignorance and lack of tenacity.
Banks have nothing better to do … all day long … than to pressure you into giving up your home … so they can show their stockholders, boards and executives the profit they crave … an obsession they are literally mentally ill to acquire, breaking every moral and literal law you can imagine to accomplish.
Yes, it’s THAT bad.
So …
Educate yourself and go at it head-to-head with them … calling them on every trick they pull … at every turn.
There are no heroes here. YOU have to be your own hero, and fight for your home with every fiber of your being.
Their greed for profit depends on your ignorance and lack of fight.
I can’t make it any clearer than that.
It’s up to you.
Don, what happened with your situation? Are you still in your home? Did you file a law suit against your lender? What is the current status?
We spoke on the phone two years ago when I was 1 year and a few months into this nightmare. Now it’s been 39 months. The bank filed a notice of default with the county. (they did not notify me). I am currently in an ACTIVE REVIEW FOR MODIFICATION. Today I find out from a friend that my home was listed in the paper with a sale date of Oct.11.
I have gotten nothing from the bank telling me any of this.
I did get a letter last week saying my mortgage loan is being transferred to a new servicer beginning Oct 1.
Please advise. This is urgent due to the time situation.
Thank you,
CiCi
undauntedgirl@gmail.com