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Bank Of America Mortgage Modification Class Action Lawsuit

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

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

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

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

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  • Don S. - Pennsylvania September 21, 2012, 10:55 am

    Let me add this …

    This is a letter I just sent to a woman fighting this thing for over three years (as I have been). Remember, though, that I’m only a homeowner like yourselves and this is NOT “professional” advice, but merely a reflection of my experience as a homeowner just like you.
    ____________________

    Hi ___ …

    Sorry to hear you’re still having trouble. Yes, I’m still in my home, and no, I haven’t filed suit. In my view, filing suit is a last resort.

    Do you recall my list of twenty or so items that might help that I posted on the ClassAction site? Have you been doing those things?

    You can see the list here about 3/4 down the page …

    https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/comment-page-22/#comments

    It’s critical that you keep politicians, lawyers, government agencies and law enforcement thoroughly informed about your case. Both politicians and the OCC in particular will have direct contact with the bank once you open a case with them.

    The key is making sure the scumbags at the bank KNOW there are people watching what they’re doing. When they think they’re not being watched they pull stunts like they’re doing with you [sheriff’s sale while in modification negotiation].

    You also have to call them out on their shenanigans … point blank in letters you send directly to your representative and copy to politicians, lawyers, government agencies and law enforcement.

    In your letters, use phrases like “you are attempting to illegally confiscate my home,” obviously making sure those outside people get copies of what you’ve written.

    NEVER try to take on the bank alone without involving these other people. Even if you don’t have a lawyer working on your case, send letters to one (or more) anyway (for possible future use).

    Make sure you copy your county sheriff and district attorney, even if they reject your communication. The more you inform them, the less they can resist you. Be tenacious … even unrelenting and assert your rights as a taxpayer and citizen under attack.

    Although I can’t quote the law directly, particularly in your State, but I believe a sheriff’s sale on a home while in contract negotiation (loss mitigation) is a violation of the UCC and banking regulations (Uniform Commercial Code governing contracts).

    Don’t be bashful in any of your communications. In fact, get vicious, point fingers and call them on everything you even THINK is a violation of your rights. Being meek is how people are losing their homes. The banks aren’t used to people willing to defend themselves.

    Most critically, stop … right now … thinking the bank is anything but your bitter enemy trying to steal your home (purely for the sake of profit).

    This is not just a perspective, but a harsh reality. They have NO interest in you other than pocketing every dime they can at your expense … despite how “courteous” they might sound on the phone.

    Best I can do for now.

    Arch your back and plow forward.

    Lemme know how things go.

    Best of luck.

    — Don

  • Gregory and Debra Jackson September 25, 2012, 9:47 am

    please someone please let us know what attorney is handling this class action we are at the end of our rope and do not want to loose the house we have been dealing with this for over 2 1/2 years something is always wrong with the paper work ,we call we get some one in Tx , Ca, Pa, C o dont they have one office that know what the heck they are dooing… please someone contact us Please Help!!!!! lori if you read this please contact me or Richard Jarrell thank you.

    • Sharon October 1, 2012, 4:25 pm

      Dear Troubled friend,
      I know very much how BOA can be so into taking home owners home. I have had my Morgage sold to 3 lenders! In 2010 my loan was sold to BOA, but before this, I was put on a Forbearance Agreement, and paid $16,000, and set up on a 6 months payment plan, to see if I could pay $1,353.68, they would Either refinance our home, or a loan Modification. I was suppose to call them about one month before the last # 6 Payment, and 5 Years of Torment! When I called them, I was tolD that a NEW “Government Hope Program” was taking place in around September 2009. I was told to Keep making my payments. My husband and I have been under so much stress, that it has Made us more than sick! My husband and I have been very depressed, but my husband has been so depressed that he could not, and did not want to leave our home, or even have very little to do with our friends, plus we have not eating fight. We are Southern, and I am, and have Always been a Southern Cook! It has gotten down to where our meals have been mostly Drive threw! Meals! My husband started having problems with been Constapated” he has gone from the couch to the bathroom, and that has been mostly it! Then he started Bleeding, so I called the Doctor, and she set up us both a Colonoscopy. My was ok, but the next week, the doctor called me back, and he just blurted it out, Your husband has “Colon Cancer, and he has a Large Tumor, and Must be out ASAP! When he said Colon Cancer, the Doctor had to Catch me, because I almost hit the floor, because I had lost my Mother to “Liver Cancer”! My Mother Suffered for 3 years, before she died from a Horrible death. I knew had bad it was to loose my Mother, and Now, I may loose my husband! My nephew, my Sisters son worked at the Cancer center in Greenville,S.C., and I had rather his surgery be a “The Cancer Treatment Center Of The Carolina’s”. He was able to get my husband a Appointment the next week, and I had told him that they would take it out, and he would be fine, But, I was afraid that he was going to die. We went to the Cancer center, and Dr. Trocha was able to do the surgery the next week, and these people were GREAT! The Tumor was not where the MRI showed it to be, in the Curve of his Colon, but down at his rectum. He is allergic to “Morphine”, but the Nurses, put him on a pain pump when he was in so much pain, the pain shots were not helping him. The Morphine, had caused him to sweat so much, I had to change his pillow 6 times in one night, that was when I found out it was “Morphine”, and I said it had to be changed, and the nurse came and took his vitals, and his heart rate was “157”, and his Oxygen had dropped to only “60”, when it should have been at least 90! I Ran to the nurses station, and she came back with me, and we Pushed My Husbands bed down to the ICU as fast as possible! He was not getting enough Oxygen! My husband was in ICU for 9 days, and they could not tell me if he was going to live or not. By The GRACE OF GOD, My Husband did, but is still having problems, and believe it is from the lack of Oxygen. He had to have FULL Oxygen for 3 days! The doctor came to the ICU, and said that if he could get over the Phenomena, they were able to get all of the Cancer! He did get better, and Still working on getting his straight back, and What a Blessing! We were still making the house payments, he got out of the hospital in May, and I called in the make a House payment in July, and that was when they said they had already gotten the “New Government Hope Program” and they would file to get us approved! I said, That is FINE, But Still take my Payment, and they “ReFused” to take my payment, and I knew that this was NOT Good! I did not tell my husband, because he had just got out of the Hospital, and almost died. I filed for the Program, and YES, They Turn us down, and found out later, you can file for this unless you are “Behind”! They told my friend who is a Criminal Attorney, we had NOT made a House payment since Dec.08! WHAT? I got my bank statements, and he proved to them I had, Plus the $16,000, and 11 Months of Payments! They said they would get back with him, but NEVER Did! Then, I get a letter from then, that they had SOLD our Mortgage to BOA! Then, we started getting Payment invoices, and our payments had gone from $1,353.69 to $2,200 or more, because they added Insurance, I already Had, Tax’s, that I was Paying. After my husband got sick, and he was recovering, I found a “Black” Spot on my left arm! I thought it was just a mole, but made an appointment with our Dermatologist, and The Doctor called me back, and I had. Melanoma “Skin Cancer”, The Worst you can get! The Doctor took it off, used “BLUE” Stitches, and had to leave in for 3 weeks, beFore the 3rd. Week, on a Saturday, I had to call the doctor, becausE I was having “Bloody Water” coming out of the wound. He told me to meet him at his office, and he said my body was “Rejecting” the Blue stitches! When I went back for a check up, I had found another spot, and it was Tested also in Charleston,S.C., and it also was Melanoma, “Skin Cancer”! I believe the “STRESS” from the Mortgage, was what has caused our Health problems! On December 23th.2011, around 6:00 PM, Our door bell rang, and we were Served “Foreclosure” Papers On The day before Christmas Eve! We had planned on going to see my Sister, and other family members, but after that, that makes 3 years we have not had a Christmas! Christmas has always been our most Special time, because it was Our “Jesus” Birthday! But, when you are so depressed, and NO Money, because my husbands medication is over $400 a month, Plus the $400 that is taken out of my retirement check for insurance. If we can pay for insurance, I know that most others can pay for a small amount! Any way, we have a Lawyer, and I have been Filling out Paper work for a “Government Hope Program” for 5 Times! And Never again, because it is a “SCAM”! It will buy you time for Help, but you can forget it, Unless, you have something over on them, and I WARN YOU, NEVER give them your “NOTE” On your Home! If they don’t have it, that is their Problem, and they are Still Claiming that WE have Never done a “Forbearance Agreement”! We have Been through Hell with them for “5 Years”, Always Keep you Paper work, where you can go right to it, because this has what has SAVED US! Good Luck, and God Bless you, and if you are a “Christian”, Do Not Vote For “OBAMA”, Because he is a “Muslim”, and They Do NOT Believe “JESUS” is the Son Of GOD! The next 4 years if he is voted in, WILL BE HELL! I Pray, I know we don’t have any Real Good ones to vote for, BUT, You have to See Who, Is The Worst Of all Evils, And that Is OBAMA! God Bless, Sharon

      • maria hall January 15, 2013, 2:03 pm

        sharon
        please contact me asap!!!! My nme is Maria Hall, I live in Pa and my story with BOA is very similar to yours… My email is mrhall7@gmail.com I am in the class action suit against them. Its been years of hell for my husband my little boy and myself!
        thank u

      • TIDA January 22, 2013, 4:24 pm

        I was feeling sorry for Sharon at 1st then her last “OBAMA” JUST TOOK ALL THAT AWAY..YEAH VOTE A BUSH BACK IN AND SEE IF YOU ARE GOING TO GET TO KEEP YOUR HOUSE …(BUSH…IS WAR.. LOST JOBS..HIGH GAS PRICES..LOST HOMES…”OBAMA” MADE AWAY TO GET MONEY FOR YOU HOME AND BANK OF AMERICA DID NOTHING BUT PAID THE RICH AND LEFT OUT THE POOR LIKE YOU …

        • Scooter March 9, 2013, 6:06 pm

          Bush… Obama ? What of Clinton, Papa Bush and Reagan?
          Since 1913 the usa has been owned by a foreign bank. Its a name is “federal reserve”. It is not a government agency. Its employees are neither usa cistizens, american nationals or even remotely feel any sort of national association to the usa.

          “federal reserve” is no more a legal part of your government than is “bank of america’. its just a name game. a “trick” , “con job” “marketing” “bait and switch”… As is “democrat” or republican” they are the same. Hope I am teaching folks a little bit here.. please open your mind.

          Its not tonally the matrix movie. You really are made of atomic particles, and you are solid stuff. But these banks and what you think of as your government is actually a criminal enterprise, much like al-capone’s, just that its the biggest one in history, and the most sophisticated.

    • Sharon February 26, 2013, 2:46 pm

      Well, I think I have you all beat! BUT, Remember to watch what you put on this site, because that is where they can get your information! They are not Stupid, and it would not surprise me if this is their person Site, but if not, they are still Monitoring these Messages! I hope and pray that you have kelp all your records. Also, Do NOT Contact your Bank, but get a “GOOD Attorney”! There are attorneys that will allow you to pay MOnthly. If you have not made a payments in a long time, because they refuse them, get an Attorney ASAP, or Contact the “Attorney General” in your State, or a higher one! I have been going through this for (7 Years)! We PAID $16,000, Plus 11 months of payments, but ONLY 6 Months were suppose to be on a “Forbearance Agreement”, and our Loan was Sold to another bank! If they have Refused your payments, use that money for an Attorney, but I had one, and I thought he was my Friend! We had done something for them, and he said he would handle our bank, but as soon as we were done, he gave me back our PaPer work, and told us to get an attorney closer to us, because he was not a “Real estate Attorney! I could not believe my ears! My husband had just had surgery for Colon Cancer, and he almost died. We had made every payment, but after the 11th. Payment, and my husband just got home from the hospital, where he was in ICU for 9 days, he had phenomena, and was almost in a Coma. “BANK OF AMERICA” has so many homes that they have taken, it is mind blowing! Call an Attorney, and Call the “Attorney General” and you can get their phone number off of the internet ASAP! Do NOT tell the bank what you are doing..EVER! Again, Do not think they are monitoring these messages to get your information! Their Biggest Tool they use on you is “FEAR”! I have been so depressed that I could not get out of bed! This has taken years off of my life, not counting, I have had no enjoyment, because I was filling out paper work for the past 7 years! I have applied for the loan Modifications at least 5 times, BUT, Never Again! Use you straight on a attorney, and I don’t know what has happen to you, but if they have refused your payment, MAIL It In “REGISTERED”, So you will have a receipt. If they send it back, be sure you keep all of your information in a File, and not let your loan papers, and letters to get mixed up with your other bills! The Most important thing to do is “PRAY”! God knows what you need, before you ask for it! I can say this, if not being a Christian, I could have never gotten through this. But, Always remember, you are not along, Our Lord is always with you! I pray that you are “SAVED”, because if you believe in Jesus Christ and that he died on the cross for our Sins, and if you know this, but have never ask God to forgive you from all of your sins, and you Really Mean This, Jesus, Our Lord will leave you with his “Holy Spirit”, and No matter what you think, Put it in GOD’s Hands! Now, I do not mean to not help yourself, but you will have the POWER Of Our Lord with you forever! I do not want to lose my home either, but remember, Jesus will not put on you more than you can take! Also, I had rather live in a Cardboard box, then to let these people STEAL your Faith! We live in a Sinful world, and what is going on is Sin. Read your Bible at night, or anytime, because he will give you. MORE Strength than you will ever know you have! After my husband got out of the hospital, I had found a BLACK Spot on my left arm, and I went to the Dermatologist and he took a biopsy, and it was “Melanoma”, Skin Cancer, and the worst skin cancer you can have because it can kill you! He took a lot of the skin, and way down into my arm as far as he could. Before the stitches were taken out, I found another one on my Left leg, down near my ankle. It also was $elanomia, and I have to go to the doctor every 6 months for him to check my WHOLE Body, and that is not something I felt comfortable for him to do, but I do not want to die! Also, I had not been out in the sun in 4 years, but the internet said, that we ALL have the Cancer Gene, But when we are under STRESS, and you don’t eat right, your Immune System is down, and does not fight off the Cancer! NOTHING is worth losing your life! God Bless! Sha

  • Lea Golden September 25, 2012, 9:05 pm

    Can someone please let me know of sm attorney that can assist me with a foreclosure that happened two years ago? The bank had my paperwork and never processed ot tried to process a modification. They kept telling me to call back and foreclosed. Thank you.

    • Isabel S - Florida September 26, 2012, 8:32 am

      Lea and for everyone else who has been a victim of Bank of Screwing America or any other bank, you are entitled to restitution for the bank’s illegal activities. I got this email from NACA a few days ago and thought I should pass it along:

      NACA

      NEIGHBORHOOD ASSISTANCE CORPORATION OF AMERICA
      http://WWW.NACA.COM

      Bruce Marks
      CEO

      Headquarters:
      Boston, MA
      (888) 297-5568

      OFFICES:
      •ATLANTA, GA
      (404) 377-4545
      •AUGUSTA, GA
      (706) 855-7464
      •BALTIMORE, MD
      (410) 783-0465
      •BIRMINGHAM, AL
      (205) 942-8111
      •BOSTON, MA
      (617) 250-6244
      •BUFFALO, NY
      (716) 834-6222
      •CHARLESTON, SC
      (843) 556-0497
      •CHARLOTTE, NC
      (704) 536-7676
      •CHICAGO, IL
      (773) 723-6222
      •CLEVELAND, OH
      (216) 619-4110
      •COLUMBIA, SC
      (803) 255-0223
      •DALLAS, TX
      (972) 283-1171
      •DENVER, CO
      (303) 694-5437
      •HAND, TX
      (877) 952-6222
      •HOUSTON, TX
      (713) 706-3400
      •JACKSON, MS
      (601) 922-4008
      •JACKSONVILLE, FL
      (904) 306-9272
      •KANSAS CITY, MO
      (816) 531-6222
      •LAS VEGAS, NV
      (702) 362-6199
      •LAWRENCE, MA
      (978) 687-3993
      •LITTLE ROCK, AR
      (501) 492-0083
      •LOS ANGELES, CA
      (310) 412-2600
      •MEMPHIS, TN
      (901) 348-0115
      •MILWAUKEE, WI
      (414) 442-6222
      •MINNEAPOLIS, MN
      (888) 404-6222
      •NASHVILLE, TN
      (615) 781-4240
      •NEW HAVEN, CT
      (203) 562-6220
      •NEW ORLEANS, LA
      (504) 241-2090
      •NEWARK, NJ
      (973) 679-2601
      •OAKLAND, CA
      (510) 652-6622
      •PHILADELPHIA, PA
      (215) 531-5221
      •PHOENIX, AZ
      (602) 248-4408
      •RALEIGH, NC
      (919) 855-8484
      •SAN ANTONIO, TX
      (210) 826-2828
      •SPRINGFIELD, MA
      (413) 788-6220
      •ST LOUIS, MO
      (314) 645-8333
      •TAMPA, FL
      (813) 287-5051
      •WASHINGTON, DC
      (202) 328-6333

      REMEDY FOR LENDER’S WRONGFUL ACTS & ASSISTANCE
      YOUR LENDER MAY BE REQUIRED BY GOVERNMENT REGULATORS TO PAY YOU UP TO $125,000, RETURN YOUR FORECLOSED PROPERTY, MODIFY YOUR MORTGAGE TO AN AFFORDABLE PAYMENT, OR PROVIDE OTHER REMEDIES.

      Dear Isabel Santamaria;

      We are reaching out to all homeowners who may have been victimized by lenders. NACA is the most effective organization in advocating for and assisting homeowners. Despite our relentless efforts to save homeowners from foreclosure, lenders engaged in illegal and improper activities that resulted in homeowners losing their homes or not providing an affordable mortgage payment. The regulators have finally taken action requiring many lenders to provide remedies to victimized homeowners under a consent order.

      Under a settlement between the federal government’s major regulators, Office of the Comptroller of the Currency (“OCC”) and Federal Reserve, and mortgage lenders, independent reviewers will review the homeowner’s file. They will determine if the homeowner suffered financial harm including not obtaining an affordable mortgage payment or losing their home resulting from lender caused errors, misrepresentations or other deficiencies. The independent consultants will decide whether the homeowner should receive cash compensation up to $125,000, return of the foreclosed property or another remedy such as cancellation of the foreclosure.

      EVERYONE MUST COMPLETE THE QUESTIONAIRE if you believe you were victimized or harmed financially by a lender (click here to access the questionnaire). The included NACA Authorization provides NACA with the authority to submit your application for the government’s Independent Foreclosure Review and for other remedies. If you have any questions contact NACA at Advocacy@naca.com or call at 801-401-6222.

      YOU HAVE EVERYTHING TO GAIN AND NOTHING TO LOSE. There is no cost to apply for compensation or other remedy and you do not give up any legal rights or options to obtain additional compensation in the future. You do not even need to provide additional documents.

      NACA will continue to be your advocate even if through the Independent Foreclosure Review you were not eligible or did not obtain any or sufficient compensation. NACA will continue to engage in our aggressive advocacy for affordable homeownership and economic justice including protests, lawsuits and other actions.

      Sincerely,

      Bruce Marks
      NACA – CEO

      P.S. COMPLETE THE QUESTIONAIRE. It takes a short period of time and provides crucial information for NACA to continue advocating for you. Also, please share this information with anyone who may need it including anyone who may have lost their home.

      ABOUT NACA:
      NACA is the nation’s leading homeownership program and largest HUD certified non-profit counseling organization. NACA success has been highlighted on 60 Minutes, CNN and other major media. NACA’S CEO Bruce Marks was named Bostonian of the Year because of his work in getting the major lenders and servicers to modify home loans for borrowers who come through NACA. Learn more via http://www.naca.com.

      You can also go to this link for NACA and you can see the info and questionnaire in the NACA Alert section:
      https://www.naca.com/nacaWeb/index_main.aspx

      • Isabel S - Florida September 26, 2012, 8:52 am

        I would like to add that I believe this option is good for homeowners who do not want to fight these banks directly and would at least want some compensation for their damages or would like to get their house back. Personally, I tried the lawsuit option because I had no choice, not even my attorneys at the time could help me. Bank of America refused to cooperate with us or with our attorneys. I also got the OCC, AG, and Congressman involved and all Bank of America did was LIE about our situation and LIED about the status of our mortgage. Funny how Bank of America obstructs justice but are never held responsible for it. No matter what you decide to do, do NOT trust Bank of America. They are a criminal enterprise and want to squash every single homeowner like a bug. They honestly think they are invincible. Yes, they are big but if enough of us “insignificant” and money-less homeowners fight back, they will eventually fall.

        By the way, I filed a SECOND lawsuit against Bank of America and added new evidence and two more defendants (MERS and TB&W) to this one. Here is my latest press release: http://www.free-press-release.com/news-florida-couple-file-second-lawsuit-against-bank-of-america-1348581758.html.

        KEEP FIGHTING!!

  • Don S. - Pennsylvania September 26, 2012, 8:59 am

    Lea and Gregory/Debra …

    For your own sake, please click on “Previous Comments” in light blue at the top or bottom of this column and read through past posts.

    Pay particular attention to my list of items that may help your situation two pages back, although there are several other posters with other valuable information.

  • James Hobbs September 29, 2012, 6:12 pm

    They are doing the same in texas. We started the modification process 18 months ago. We were told the process would take no more than 3 months. They have ruined our credit by report the payments as late even though we have paid the agreed upon amount on time tjis whole time. Also it is impossible to contact or communicate with the person in charge of our account as they never answer the phone or return our calls. They have not acted in good faith nor will they.

  • cynthia October 3, 2012, 10:07 am

    Are there any current lawsuits or formal complaints being waged against Bank of American. They are still quilty of the same practices that were settled in the last class action suit. I have submitted to remod packets, denied once, reapplied and denied HAMP in Jan 12. Reps from the bank determined I was not eligible for HAMP and stated that my file was under review with the underwriters to see what programs are available that would help. It is now Oct so almost a full year. I am very frustrated and want to file a formal complaint. It is extremely stressful and very annoying to have them continue to provide scripted updates without resolution or assistance. Please advise. Thanks

  • mike wahba October 8, 2012, 8:49 pm

    would like to get a hold of the lawyer whos handling the lawsuit against b of a

  • Isabel S - Florida October 9, 2012, 7:15 am

    Hello everyone. I just wanted to provide on update on our Federal case against Bank of America filed on Decemeber 2010 (Case No. 6:10-cv-01933-JA-DAB). So far, we have not heard anything from the judge. The last Order that was issued on our case was granting the Defendant’s (BofA) Motion to Strike Untimely Expert Witness Reports. Since the judge did not allow this crucial evidence for our case, we had no other choice than to file a second lawsuit (see the link for our recent press release below). We are in the home-stretch and if nothing changes, we will be set for trial on November 5th (over a month from now). There will likely be a pretrial conference/hearing this month also but we have yet to be notified if there will be one. As many of you know, Bank of America’s abuses not only destroyed me emotionally and physically but has also affected my autistic children. If this indeed goes to trial, we are asking that anyone who is in the Orlando, Florida area to please show up to the courthouse on the day of our trial to show their support. It would be great to see many friendly faces of people who are on our side because we are pro se and we have no idea what to expect from the judge (is he pro-bank or pro-justice) when trial begins. It would also be great to get the autistic community involved to show their support since we all know that Bank of America is guilty of discriminating against the disabled. Please spread the word.

    If any of you would like to write to the judge presiding our case to make him aware of the abuses and illegal activities that you have also been subjected to by Bank of America, please feel free to do so. After all, we are all entitled to be heard. Here is the info:

    The Honorable John Antoon, II
    United States District Judge
    U.S. Courthouse
    401 West Central Boulevard
    Suite 1200
    Orlando, Florida 32801-0120
    407-835-4200

    Thanks again for all your support and I will keep everyone posted on any developments.

    http://www.free-press-release.com/news-florida-couple-abused-by-bank-of-america-are-asking-for-support-at-the-courthouse-on-day-of-trial-1349575054.html

  • Don S. - Pennsylvania October 9, 2012, 12:46 pm

    Mike, Cynthia and James …

    James … Of the three, you have the best handle on what’s going on. What you say in your post describes fraud and the criminals perpetrating it. What you need to do now is educate yourself on how to defend your home. I’m a homeowner under attack just like yourself, and have more than three years under my belt fighting this thing.

    For some suggestions on how you might proceed, see my posts (and Isabel’s and others) on this and previous pages. Simply click on “Previous Comments” in light blue at the top or bottom of this page.

    Cynthia … You are “close” to understanding what’s happening to you, but like many of us did, you’re thinking a “conventional” way of holding the bank’s feet to the fire will get you somewhere … the so-called “formal complaint” as with the court system. What many of us have learned is that courts are either utterly blind OR complicit (working with the banks) to perpetuate this fraud. Entering the court system should be your LAST resort.

    It’s likely the “formal complaint” you’re looking for is covered in my 21 item list found about 3/4ths of the way down this page —

    https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/comment-page-22/#comments

    Below that list is a list of contacts … government agencies, law enforcement and politicians that you can scream at (politely) to take action against these fraudulent acts by the bank. Be sure to make it clear to these entities that you are the victim of a nationwide fraud, pattern crimes and that the bank is attempting to illegally confiscate your home.

    Mike … Unfortunately, sad to say and sorry to be the one to tell you, but you are the least informed of the three.

    First, reading the article attached to this blog/forum would have told you the name of the law firm.

    Second, ONLY residents of Washington State (or California in the case of the firm’s parallel suit) qualify to be included. Statutory Law in the instance of these contracts is STATE-BY-STATE unless there’s some Federal (crossing State lines) condition and the suit is filed in Federal Court.

    MORE IMPORTANTLY, jumping into a class action lawsuit A) probably won’t get you what you want and B) should be your LAST choice, not your first.

    I hate to say it, but the best way for you to defend your home is to educate yourself on how our legal (AND political) system actually works.

    You are starting at ZERO, and the first thing you need to understand is that lawsuits … entering the court system … should be a LAST RESORT, not your first choice.

    Best of luck.

  • Don S. - Pennsylvania October 10, 2012, 1:22 pm

    Tip of the tip of the tip of the iceberg …

    latimes.com/business/money/la-fi-mo-mortgage-modification-scam-crackdown-20121010,0,4483816.story

  • Karrie stinger October 12, 2012, 3:00 pm

    I want to file a class action lawsuit against B of A but I don’t know who to contact here in Arkansas

    • Don S. - Pennsylvania October 13, 2012, 10:43 am

      Karrie …

      Please read above.

  • Randy Agno October 13, 2012, 6:49 pm

    I am a published author and am writing a book called, “Letters of Hardship” based on the mortgage crisis. A place we call home where we raise our families has been taken away from so many people. It created a loss of family; divorce, financial ruin, children being taken away from families, suicides, and many other negative results. In the end the people will win as we are being united once again to fight for our right to the place we call “Home”.

    I am also a victim and have been since 2007 with Countrywide and Bank of America as my servicers and Wells Fargo, N.A and Morgan Stanely as my investor. Now most recently after about a dozen attempts at an affordable mortage from HAMP to Making Home Affordable Program to The Attorney General’s Hardist Hit Program.

    I went through the hardship of losing my job due to the economy, then my marriage, now I am fighting for my home while trying to keep it all together while my finincial credibility is being challenged through the credit reporting agencies because the bank is still reporting data that I am in default and am in the process of foreclosure.

    All the excuses have come my way; from we didn’t recieve the proper paperwork so your modification has been denied; from the income ratios don’t match up; from we don’t know what happened we lost your paperwork when we merged with Countrywide; from your signatures didn’t match the signatures on file; from you don’t qualify for the perameters of the modification options available; and the list goes on.

    I have filed complaints with the OCC, and Attorney General among others. I have sent RESP letters and worked with local groups to get educated to only find myself still living in my home and facing a foreclosure sales date.

    I have been fighting for over 6 years now and all I want is to make an affordable payment based on the current market value of my home, but the banks will not work with me.

    I have asked for a wet copy of my Deed of Trust, of which they will not send, but a certified copy will do they tell me. I have noticed robo signing of the Assignement of Deed of Trust to a new servicer Bank of America N.A. They won’t even let me view the Wet Copy of my Deed of Trust.

    Now I hear from Bank of America that they have sold the servicing of my loans to Select Portfolio Services, so I had to file more complaints to the OCC and associated agencies because I think it is a tactic to get rid of my loan. I have heard that the Select Portfolio Service Company is hard core and will stop at nothing to take your home.

    I am now wanting to file a law suit against Bank of America & Wells Fargo with the main result being I want my home free and clear now. They had their chance to do the right thing now it is my turn. I have represented my self Pro Se before and I am not affraid to do it again. The banks used Robo Signers and delayed the modification process and have lied and continue to lie. I have documented everything for the last 6 years. I am so far in the behind in my payments because of all the delays that there is no way an investor would even consider a modification. So because of their unwillingness to work with me I have falling so far behind that it would be difficult for me to even consider paying back the entire amount. One of the Robo Signers is Malik Basurto!

    I just need to know where I file a law suit and what grounds do I present as the reason of bringing such a lawsuit to be filed?

    I would like to learn more about what RICO is and also try to find the local OCCUPY group in my area.

    If anyone has their letter of hardship they would like to publish please forward it to r.agno@ymail.com. In the body of the email state that you are allowing Randy Agno to publish your document. Thank you.

    • Don S. - Pennsylvania October 14, 2012, 11:48 am

      Randy …

      Very interesting stuff.

      Couple of questions …

      What State are you?
      Is it a non-judicial State?
      Do you have any of your State or Federal politicians involved?

      It wouldn’t surprise me in the least if your “Trustee” wasn’t impartial to your property at all, but favoring the bank. Proving it, however, is another matter altogether.

      You’re also opening a tricky can-of-worms suggesting that you want your title free and clear. That’s referred to as “Quiet Title” and I’m lead to believe it’s a VERY difficult case to prove. Virtually no court will jump at the chance to give someone a “free house,” and will do precisely the opposite and make it VERY difficult for you to prove it. The system has a natural propensity to favor the lender, not the borrower.

      I’m also lead to believe (by attorneys) that even when you find a Quiet Title specialist lawyer, your chances are slim and the process is costly … partly over the detail to which research and documentation has to be prepared. Any case is won or lost on the documentation (virtually) and a judge will look at every “t” and every “i”, throwing your case in the trash with a single error.

      Filing for Quiet Title pro se is like reaching into a bag of rattlesnakes. Best of luck with THAT.

      I’m not trying to discourage you, but simply relating what I’ve been told by reliable sources.

      One alteration you might like to consider in your perception is your [apparent underlying] anger over your situation. It’s fairly clear to me … and who the hell can blame you … that you’re pissed over the fact that these institutions have refused to do what you see as “the right thing.”

      Yes, we should be angry, and angry as hell, but that’s not what this whole thing is about. In fact, the banks LOVE IT when we get pissed. When we do, we generally lose sight of the problem and objective and often, frequently, predictably do the wrong thing. They love that.

      This is about LAW … statutory contract law to be exact … and they have more legal strength that you can possible fathom … thousands of lawyers at their beck-and-call to cover every teenie detail … AND the power to influence law enforcement, the courts and even law-writing …

      … and it doesn’t even BEGIN to scratch the surface of the manipulative psychological power they have … designing their system to twist peoples’ minds and getting them to give up their property.

      So far, it looks as though you’ve done MANY of the right things, so I’m encouraging you to keep your focus. Exposing these criminals for exactly what they are is critical, and that’s exactly what you’re trying to do. Pointing fingers, and getting others to point fingers, will drag them out of the shadows …

      … and that’s where they’re doing their filthy work … out of sight and out of mind (of the general public).

      One fundamental error in your thinking is the fact that you [apparently] believe they SHOULD be doing “the right thing.” You’re suffering the same delusion I did when I was dragged into this … that the bank is somehow supposed to be a willing, benevolent partner in keeping a roof over my head.

      Nothing could be farther from the truth.

      Banks … and virtually any corporation these days … is not a partner with anyone about anything, except their executives, boards and stockholders … and their singular, one-and-only objective is PROFIT.

      “Morality” has vanished … utterly … from the corporate mindset … if it was ever there in the first place.

      Banks want MONEY … period … and the faster they get it the better. They’ve blow their patience for a mortgage contract to run its course right out the window and are pulling every devious trick in the book … and writing a NEW book … to make that happen in every case they can.

      Their mantra is “Screw the rules. There are no rules. We’ll rewrite the rules. We’ll buy the rules. There is only profit.”

      That is the beast you’re up against.

      Anyone that tells you differently, even if it’s your own conscience, is deluded. That’s the simple fact of the matter.

      We have been lied to. We continue to be lied to. To these institutions … morality-void, conscience-less, inhuman, even non-human institutions … you are merely a resource to be sucked dry.

      Start with THAT as the foundation of your fight. Thinking they have ANY other objective and you’re fooling yourself.

      The trick here is bringing OTHER HUMAN BEINGS into your fight. The Beast is scared to death of actually being seen by human beings for what it is … so the more the better.

      You have a very good start on becoming a True Warrior. Simply alter your mindset slightly to purify yourself.

      Isabel S. will have far more information on RICO, so read back over her posts.

      Best of luck my friend.

  • Lisa Trent October 15, 2012, 1:34 pm

    My name is Lisa Trent.I live in Kentucky .I dont know if this is going to help but here goes. I lost my home to Bank of America i tried doing everything they asked me to do.I dont know how many papers i faxed to try to save my house until i just couldnt do it anymore.So i put it up for short sale and that didnt work so im at a lose.I dont know where to turn or what to do how can these people do this to people,I really loved my house but i guess that is all gone know and its time to move on.

  • Don S. - Pennsylvania October 16, 2012, 2:58 am

    For any of you who have wondered what I sound like, here’s your chance …

    http://www.blogtalkradio.com/senka/2012/10/14/youre-part-of-the-solution

  • Rosie Brown October 16, 2012, 6:58 pm

    BofA is taking advantage of everyone.I bought a home in Texas.I had to leave because of illness. I have been diagnosis with cancer twice. I am now in Mississippi still under the doctor care.I had to rent my home out in order to try and save it. I leased it out for one year and the tenants totally destroyed it within 3 months. I had to file a claim against the department of Ins because they would not pay for the vandalism that had been done. I filed a claim with the dept of Ins. It took them 9 months to pay after forceing them to do so.
    they finally sent me a check for $19.900. which was made out to bofa and myself. I had to endorse the check. I made the Ins .co.give me $2.500 for expense and sent bofa $17,400. They now have my $17.400. and will not credit me for my back mortgage note,they will not give the contractor the money to repair the damage to the house they want the house and the money
    they are refusing to apply the funds for back payments after all it is my money.,enough to catch up all of my back payments. The house is up for sale again on November 6,2012 I have kept the house from accleration twice
    oct.2 and sept 6 2012 .This is so wrong they have 17 thousand dollars of my money.they are not trying to give me credit for my money I really need help.
    on which way to turn. Do you have any recommendation.

  • Rosie Brown October 16, 2012, 7:05 pm

    I also was denied modification by bofa and Fannie mae. the investor, fannie pretend they were trying to help me and they also denied modification the reason was I quote Excessive Forberance, What the hell is excessive
    forberance. they just want the house back and to keep my money

  • Don S. - Pennsylvania October 17, 2012, 8:36 am

    Excessive Forebearance …

    http://www.ehow.com/info_8412206_excessive-forbearance-mean.html

    I found that with Google by typing “excessive forebearance” on the Google search page.

    Rosie, you are under the mistaken impression that the bank and Fannie Mae exist to help keep a roof over your head.

    That might have been true fifty years ago, but today banks exist to find profit wherever they can make it, as much as they can, legal or illegal, and the faster the better.

    As a homeowner just like yourself, having gone through this for over three years, this is what I recommend —

    1. Listen to the BlogTalk radio program above.
    2. Then go to this page –
    https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/comment-page-22/#comments
    3. Scan down the page about 3/4ths of the way and find my list of 21 items you can do that may help you save your home.
    4. Read the list and try to understand what it says. YOU have to take action to save your home. No one is going to do it for you.
    5. Read over several pages of this forum. Try and pick up what I and others, such as Isabel, are trying to say … which is —

    You have to educate yourself about your situation … learn and understand … then take action.

    It may be hard and you may be angry, frightened, and worn down …

    … but that’s what these banks want … unknowing, exhausted people who don’t know what to do, give up, and move out of their homes.

    Leave …

    … or learn and fight.

    Those are your choices.

  • Lee October 18, 2012, 1:32 pm

    Hello,
    I am new to this website. Thanks for having this.
    My husband and I have been trying to get a loan modification since Nov 2009…yes 2009.
    There have been many mistakes in our file. We were approved for a loan mod in Sept 2010, but it was incorrect based on the income, so the bank was going to work on this and send out new trial docs. Then we were told that WE, the homeowners declined a loan modification, which is not true. This is what we have been trying to do.

    We were told in September 2012, that we were approved and that our new trial docs will be sent shortly.

    We were just told a few days ago that the new trial docs were sent in July 2011, which they never were and we can not get another loan modification, since we did not participate. Someone at the bank recently made this notation in our loan file. This has never been in our file before…we hire someone last fall to review our loan modification information.

    Also, the bank NOW has the wrong address for us, so we are not getting any Fed-Ex packages, mail, etc. Someone across the country is receiving our mail. The address was changed by someone at the bank approximately six weeks ago ..how or why we do not know, but the bank is aware of this, but yet continues to have the wrong address. The couple has received approximately 12 Fed-Ex packages and has been sending all of them back to the bank via Fed-Ex except one. They sent a copy to us. This couple also has a loan with this bank, and they too have been calling regarding the address. The documents being sent to this couple has our name, our loan number, but their home address. This couple has all of our information. Also, their last name and first names are not even close nor is the loan number.

    Have you heard of this before?

    Again we have another sheriff sale coming up without any type of resolution on our loan, and now our file is much more mixed-up.

    Please Help. Thank you.

  • Robin Engels October 18, 2012, 11:39 pm

    I have been working for a loan Modification since July 2009. I had a seperation and a cut in pay and I was told I would get a modification and papers were coming , What I got was 6 fed ex envelopes to restart the program . In all I have filed 7 applications for B of A. and just recently Ms. Huffman at BOA said that none of my loan doc.s went to underwriting they sat on her desk. Even after I went to a B of A bank here in Crystal Lake, IL so they could review the docs. before they were faxed over, everything was in, Ms. Huffman said all pages are in and complete. 2 weeks later when I called she says they never left her desk, and now I have a new service manager Eddie, and on his answering machine he gives out the wrong contact number. Here is this very young kid, and he literally does not know what he is doing.

    I am fighting tooth and nail to keep my home but it is putting a medical hardship on me with the excessive stress, and my children. B of A. when I asked about a short sale . Keotonah stated oh no need to talk about that now, as you are seeking a modification. I have my 1st . court hearing this week and they gave me only an 11 day notice?Should I lose my home I will sue. Wells Fargo said I have one of the best lawsuits they have ever seen and I know a family who just won a milluion $$ suit against Wells Fargo for the same very thing. My last payment to B of A. was in May I was 3 pmts behind. When I called in 2 pmts in June they would not take my payment 4 days later Codilis & assoc. attorneys are going after me. Any advice?

    • Isabel S - Florida October 19, 2012, 11:17 am

      Robin, I truly sympathize with you. Bank of America put me through hell and back. My story is pretty long, so long that I can literally write a book about it and actually, I think I will. Therefore, please feel free to contact me via email at Isabel-1229@hotmail.com. I am currently battling Bank of America and my trial will probably start on November 5th. Everyone that knows me here on this blog have heard my story and we have all become an “anti-Bank of America” family. Follow Don’s advice……he is an extremely intelligent man. Please contact me, I would love to hear from you. By the way, please provide info about this family you know that just won millions against Wells Fargo and on what grounds were they able to win. I am sure we would all love to add this case to our case law portfolio. Thanks.

  • Don S. - Pennsylvania October 19, 2012, 7:40 am

    Robin and Lee …

    Do you see my posts above?

    I would also suggest you listen to the radio program I listed just a few posts up.

  • Tom October 25, 2012, 9:03 am

    In April of 2010 I signed and returned my paperwork to BOA for a moification. I had a previous one from 2009 but the one offered in 2010 gave me better payments so I decided to go with it.
    Payments were to begin in May which I made. I also made payments the following 3 months. In spetember I got a call from BOA telling me they would no longer honor my modification and my payments would go back to the previous modification from 2009. They also said they would not accept payments on the current modification. When I ask the rep where my payments had gone I was told thay had been applied but she could not tell me how or in what manner.
    I told them I would not make any more payments until they could show me where my payments had gone as well as why my modification was not being honored. They said they would get back to me, this was 9/2010. Repeated calls got me nowhere until 5 of 2011 I get a call from Ty Nhoisaykham of the office of the president and CEO. He informed me that my modification was a trial only and they did not have to honor it. I told him it was legal binding contract signed, notorized and returned and no where in any of the paperwork did it state it was a ‘trial’ modification. I would never have signed a trial. He said he would have to get back to me. I never heard from Ty again.
    I then get a call from another representitive Michelle at the end of 5/2011 who tells me that my paperwork had ot been returned ontime so they had denied me. I told her that was impossible as I had a signed, notorized legal binding contract from them so paperwork must have been returned and accepted. She then had to look into it further and called me back a few days later to tell me that I had failed to return my documents ontime so they had denied me. I pointed out to her the last page of the modification as well as my notary page where I had signed it prior to expiration as well as their acceptance of the documents prior to the expiration date. I had a legal binding contract they had to honor.
    lets fast forward past the next several reps I had where I started from the beginning and explain it all over again.
    I then get a call from ‘eric’ explaining that YES it was BOA’s fault and they would correct it, it was an attorney general mod and they were setting up a different section to deal with these and be patient, someone would get back to me.
    In the spring of 2012 I then got a call with any offer for a new modification that included basically everything they owed me, my credit fixed, new terms etc etc. I verbally accepted the terms and told them to send me the papers in writing and we could proceed from there. I then got a “trial” modification to sign and return which I refused to do. My agreement was not for a trial but hard terms.
    Call after call got me nowhere until in august I was sold to Select Portfolio Servicing where it now appears since I had open heart surgery in august and cannot work and show no income they want to foreclose because I do not qualify for anything.
    I have told them that what they bought was not the correct paperwork and sent them a copy of the modification I have been fighting for since 2010. I ask them to consider the question of WHY BOA did not tell them about this modification when they sold me to them.
    I am now lost as to where to go from here. This has been a cluster F*** from the beginning and all I want is what I have legally have coming to me. No I did not make payments, why make them when they could not and would not tell me how they would be applied? They never did in the admission of wrong verbally, tell me why they did not honor my modification. Now with the surgery in august my resources are taped and i have medical bills of well over 300K..no insurance!!
    suggestions? anyone?

    • Don S. - Pennsylvania October 26, 2012, 11:06 am

      Tom …

      Sorry guy, but I have to play devil’s advocate here for a minute.

      Time and time again, over and over, for the last three years or so, I’ve read through these impassioned speeches about “how-the-bank-done-me-wrong.”

      I was there myself … bitching and complaining about the fact that the bank wouldn’t work with me.

      I learned something CRITICAL that turned it around in my head.

      THAT’S NOT THEIR JOB.

      Their job is to acquire FAST PROFIT …

      … and it’s become a situation where they’re willing to pull every dirty trick in the dirty trick book to get it … AND … write a NEW dirty trick book.

      Learn about this situation and learn how to fight.

      This is a WAR for the very roof over your head, and you MUST learn to be a warrior.

      Sorry … but that’s the simple fact of the matter.

      Read through this forum and other “fraudclosure” articles and sources. Facebook has several pages on it …

      … but learn what you’ve gotten yourself into and learn how to FIGHT.

      • Tom October 28, 2012, 10:47 pm

        for 2 and a half years I have been fighting them…NOW I have been sold and the game changes completely.

      • Tom October 28, 2012, 10:49 pm

        at this time, if I stay here through the winter I’d be happy and walk away.

  • Ana Rinehart October 25, 2012, 11:44 am

    How do I qualify to be involved in this lawsuite.
    Bank of America, has made me almost 2 years behinde in my mortgage and they refuse to work with me.
    please help

  • Tom October 26, 2012, 8:13 am

    Ana, there is no lawsuit here

  • Don S. - Pennsylvania October 26, 2012, 10:59 am

    Ana …

    Tom is essentially correct. The article that started this forum is very specific and only for residents of Washington State. It’s also an old lawsuit.

    HOWEVER …

    And Ana … PLEASE pay attention here …

    I hate to be the one to point it out, but it’s pretty clear you really don’t understand what’s happening … OR … how to go about saving your home.

    There are no heroes.
    There are no magic buttons.
    There are no miracle lawsuits.
    There are no quick fixes.

    YOU have to act to save your home.
    YOU have to learn what’s going on here.

    Sorry … but that’s the simple fact of the matter.

    To get started, I’d recommend you read a list of things … 21 items … on a previous page that may help you fight the bank. See —

    https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/comment-page-22/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed:CommentsOnBankOfAmericaMortgageModificationClassActionLawsuitCommentson:BankOfAmericaMortgageModificationClassActionLawsuit

    Scan down the page about 3/4ths of the way and you’ll find the list.

    READ AND LEARN …

    … then ACT to save your home.

    I’m sorry if I sound terse or bossy, but what we’ve been told about banks, modifications, and even how courts can help us ARE LIES.

    What you think will help you is based on lies.

    Re-educate yourself on how this really works.

  • Ana Rinehart October 26, 2012, 12:51 pm

    anyone please
    I want to file a lawsuit in CT against B of A
    can anyone direct me

  • Don S. - Pennsylvania October 27, 2012, 12:00 pm

    Ana …

    Let me try it this way …

    What is it you’d like to accomplish with a lawsuit?

    What is your goal?

  • Patricia Dauzenroth October 28, 2012, 11:21 am

    We are being foreclosed on by BOA and we did the Modification they are saying they did not recieve payments and they did. We have proof and no money to pay a lawyer. We need to get in on s before they take our home too. We were Country wide and BOA bought it now we are with Fannie mae and BOA and getting hit on all sides. Please let me know how to stop them! Graham, WA

  • Patricia Dauzenroth October 28, 2012, 11:46 am

    OK I keep seeing people talk about their problem with the Bank taking our homes and the government knows this is a problem yet we still are being made to go through more hell to fix it ourselves? why are they not actualy helping us I just want to get the VA back on my laon that BOA took off and get BOA out of my life for good. The stress this has caused is insane and i think i am about to crack. But they Will not be allowed to send any more unannounced strangers to take pictures and scare my children I will fight this till the end but without legal help I can not do it alone. Any one have a answer as to where we can go to get legal help without paying up front? State of Washington.

  • herman ochoa October 28, 2012, 1:55 pm

    I have so much to write about, I want to cut this short, we bought our home on 3/23/2009, first from an mortgage agency that helped us with all the paper work. when we bought our home we put $100,000 down on it, our other home was destroyed by fire, so thats were we got the $100,000 from, but when we signed the papers the guy said just sign and i will fill out the rest, less than a week countrywide said they are taking over the loan, then bank of america, by the way, i found out bank of america owned countrywide since early part of 2008. but anyway since we put so much money down i knew we could get a equity loan, so i went to bank of america, i could not believe what happened next. the manager said we could not get the loan. he explained to my wife and i. first your payments are way to high, he said i can give you a $35,000 loan and your payment would still be way lower than what you have now. he said theres nothing he can do. he said to get a lawyer to help us. so we did, and the lawyer said don’t pay your payments until we fix this problem, six months went by, and i found out the lawyer scamed us, so i called the bank and asked if i could start paying payment, and they said no, we want all the back payments, i sent a payment in anyway, and they returned it. i forget sometimes, so i put my recorder on, and then my kids come over to explain things to me. but one night the bank called and said this is bank of america , and ask why are we behind, and i told him, and said you guys have the wrong income on our contract. i found out when my wife and i signed the contract to buy our home, the guy put our income twice as much than what it suppose to be. getting back to the banker on the phone, when i told him they have the wrong income, he got mad and said i feel like calling the cops and have you arrested. he said by law they can do this, i have this on my recorder, i record all my bank calls. we have been doing this for two and a half years now. i wish somebody would help us. thank you for reading our problems may god help us all

  • Don S. - Pennsylvania October 29, 2012, 12:08 pm

    I can see I need to repost my list again on this page. I try not to repeat this post too often since it takes up so much space. You may find it helpful.

    I know what I’m about to suggest is time-consuming and stressful, but you should also consider reading [backwards] through this site. Lots of folks, not just myself, have learned a lot from this experience and shared it here. That’s where this 25 point list below comes from.

    Taking the time to research, learn and understand how all this works will go a long way to helping you save your home. Remember, there are no heroes. We have to be our own heroes.

    Read back as far as you have time for, and concentrate on posts that tell you things you didn’t know about banking and mortgages.

    Below are 25 items that may help you save your home –

    The list below was accumulated from the experiences of a variety of people going through the same pain and similar circumstances as the stories being told here including myself. Unfortunately, these stories are in the tens of thousands, coast-to-coast. We all have to learn what’s happening and how to deal with it, a sometimes painful, but revealing process.

    You DO have rights. For the most part, this is NOT your fault. Hopefully, you’ll find this list informative and it will help you turn the tables.

    If you want to keep your home, you have to fight for it … but ALSO, you’ll have to learn how this game is played. Unfortunately, this IS a game to them. It’s how they can manipulate things to get as much money as possible. After all, that’s what their stockholders DEMAND … profit, profit, profit. That means getting money (your home equity) from YOU.

    Please try and read ALL of this, and research for additional information. Google is your friend. So is Wikipedia. Whenever you get legal terms you don’t understand, look them up so you know what they mean.

    1 ) There is a CRITICAL hurdle for most people to get over FIRST before they do anything else. It is VITAL for you to come to understand this before you proceed. The bank is NOT in the business of helping you or making sure you have a roof over your head.

    Let that sink in a minute.

    Banks are in the business of MAKING MONEY … period. It’s very important you come to understand this. What we have been raised to believe is NOT true, that banks are somehow our “partners” or benevolent institutions designed to take care of us.

    Nothing could be farther from the truth. The truth is the fact that the banks’ shareholders DEMAND profit, and the executives, boards of directors and employees are ordered to get it. That’s what they do .. all day, every day … plan and scheme to get YOUR money … and these days it’s as fast as possible, legally or illegally.

    Face the fact. All they want is your house.

    2 ) One other thing has emerged … I experienced it myself … try to GET OVER ANY SHAME OR EMBARRASSMENT. For most people, this is not your fault. You have no control over the national financial environment. You are merely exercising your rights. In fact, you should be BOLD about exercising them. Don’t let anyone convince you that “you were just asking for it.”

    More than that, you should turn the idea that you’re a victim around completely. You must become a WARRIOR to save your home. Banks are NOT in the business of servicing your needs and are ONLY in business to PROFIT. If that means taking your home … even illegally … THEY WILL TAKE IT. This is a war for the very roof over your head.

    Learning HOW to fight is CRITICAL, but realizing the banks are using shame and embarrassment against you is a critical step to getting there.

    3 ) If you haven’t made a journal/diary of your mortgage modification experience start NOW. Record every instance every time it happens in detail. This is critical for a court case, but can also be helpful for Attorneys General and Agency complaints and for your politicians, should they get involved … and you NEED to get them involved.

    4 ) Sit down and write out as complete a timeline as you can from the beginning of your experience with as much detail as you can recall. Take time to do a thorough job. This may sound like the same thing as Item 1 ), but you need a complete record of your experience from the moment it started.

    5 ) Save every scrap of paper, notice, letter or any communication having to do with the bank or your mortgage. Organize it chronologically and by category. Keep it neat and tidy in case you have to go to court.

    6 ) Call your State and Federal representatives, Congressman/woman, State Assemblyman/woman and inform them of your situation. Calling is preferred over emailing. It puts a human element into the contact. Ask for help. Don’t hesitate.

    It’s their job to oversee your community and the goings-on in it. It’s why you elected them. INSIST that they help you if they try to wiggle out of it. Mine were VERY cooperative and helpful. See the Carbon Copy Contact List below for suggestion of who to contact, but research for ANYONE in your State that monitors contract law or banking.

    7 ) Once you’ve contacted your politicians (See Carbon Copy Contact list below) and they’ve started to help you, tell all your friends, family, co-workers and anyone else who knows you to write to them and THANK them for helping you get through this difficult time. DO NOT have them criticize, complaint or tell stories … NO RANTING. Just a short thank you will make it clear to your politicians that people are watching their performance. No need to get into detail. They’ll KNOW they’re being watched just through a simple thank you.

    8 ) Do some research and find out if your mortgage is registered with MERS (Mortgage Electronic Registration Systems, Inc.). You may even have a paper in your records that tells you it is. This system is being proven nationwide as a ponzi scheme (scam) and it’s entirely possible that your mortgage document was SHREDDED by them, which nullifies your mortgage. You’ll need this information later on.

    9 ) Get any attorney … or someone with legal experience … you can find to advise you from church, synagog, friends, family, neighbors. Retain one if you can afford it or call legal aid if you can’t. These are “contractual negotiations” that involve Statutory Law and a lawyer will navigate that best. Tempt them with the possibility of getting a piece of a suit. The point is to LEARN about what you’ve gotten yourself into.

    10 ) Many people feel lost and alone in this. Many organizations have popped up that can help in a variety of ways.

    I highly recommend that you DO NOT PAY ANY ORGANIZATION to guide you through this foreclosure scam. If they’re charging you, they’re likely doing it only to make money, not to help. Non-profit organizations are much more likely not to be distracted from helping and concerned only about making a buck.

    I do not wish to promote one non-profit over the other, but have found the Hope Hotline (888-995-HOPE) and Money Management International (866-290-2655) to be useful. Use HH or MMI (or any similar NON-profit) literally EVERY TIME you call the bank.

    A representative from these organizations will likely be available to be with you through your calls to the bank. They will also keep a record of the call and your communications (although it can’t be released without a subpoena from a court). But if it goes to court, you can get it that way. It’s also MUCH better to have the bank people hear you’re not alone on the phone. One way the banks have gotten away with all this is keeping homeowners isolated so they can have their way with them.

    11 ) DO NOT LOSE CONTACT with the bank. Don’t ignore your situation or think only they should be calling you. Call and call and call and call the bank until you get results and cooperation. If you’re using HH or MMI, they’ll ask for supervisors. If you’re not, YOU ask for supervisors.

    I know from more than three years of this garbage how much it cuts into your personal (or even work) time and how traumatic it is, but big corporations BANK on you getting frustrated and giving up. DON’T GIVE UP. Hold their feet to the fire. Press them constantly for the action you want … whether it’s your modification or any other “loss mitigation” process you’re entitled to.

    If you’ve been “escalated” to the Office of the CEO and President, record the call (check local laws – SEE ITEM 24) and make NOTATIONS during the call. INSIST on instruction IN WRITING for any of your document submissions and DO NOT ACCEPT VERBAL INSTRUCTION. Verbal instructions can be contradicted or misunderstood and the banks have been saying one thing and doing another. Remember, the law (should you end up in court) only cares about what is WRITTEN, not what was said.

    NOTE: REPORT ANY very short response times imposed on you (See Carbon Copy list below). Banks are becoming famous for taking their time to process (or lose) your papers, but impose unreasonably short deadlines on homeowners. This trips you up and invents a “default” in the process so they can take your home. DO NOT tolerate these actions by the bank and make yourself known … BE INTOLERANT of the games banks play.

    12 ) I know this is hard for you, but PAY THE BANK, and keep up your payments as close to on time as you can. This is ALL about the MONEY. It’s a contract and your end is feeding this behemoth monster your hard earned cash. You agreed to it when you signed the mortgage. Courts (and negotiators) will want to see your willingness to pay, as will your politicians and regulatory agencies. It’s your “good will” that you’re willing to work it out.

    Some homeowners have stopped paying their mortgage entirely. Most believe their mortgages are illegal or invalid OR someone (perhaps even the bank) has convinced them. It’s my recommendation that you do NOT do this unless you are utterly confident that you have the PROOF (documentation) and you are willing to sue to get your home free and clear (Quiet Title – see item 25).

    Remember, if you DO end up suing and you prove the bank did something illegal (to take your home or money), you can also sue to get your money back, with interest.

    13 ) NETWORK AND FORM GROUPS. Find as many people as you can in your State that are going through this AND keep in contact with forums like this or others — in other words FORM GROUPS. The ONLY power any of us have over this monster is NUMBERS. It is literally “United We Stand, Divided We Fall.” One-by-one they can take us down, but as both national and State groups, they’ll have a hard time of it.

    But also, by keeping active and communicating with others, you’ll educate yourself on how to go about this. You’ll learn (and perhaps even teach others) and spreading the word and getting others active is CRITICAL to whipping these banks into line … as well as keeping agencies, law enforcement and politicians involved.

    14 ) File a complaint with your State Attorney General and the OCC (http://www.occ.treas.gov/customer.htm) and EVERY OTHER GOVERNMENT AND LAW ENFORCEMENT agency you can think of (See Carbon Copy list below). Research your State and complain to any applicable agency. Be sure not to “rant” and provide information in the form and with the content they request. Keep your information factual and do NOT emotionalize (or rant).

    15 ) Contact your telephone company and request call records to and from BofA, or get all your calls and highlight them. Add that to your package of evidence. You may end up in court, so records are critical. A judge will need to see proof that you suffered through endless calls.

    16 ) Compose a letter asking the media … OR CALL … television, radio and newspapers … asking them to look into this problem. Describe your situation BRIEFLY, then forward it to every news program and news agency you can think of (or call). There are lists of contacts throughout this blog.

    Key Point: News people are a bit “legalistic” in covering stories and require documentation and facts. Although they respond to emotional pleas, they will likely ignore incoherent rants, finger-pointing and unproven accusations. Be factual in your letters and phone calls. The emotions will come across even if you try not to. AVOID EMAIL since emails are all too easily ignored.

    17 ) Learn about, compose and send a RESPA/TILA (Truth in Lending Act) qualified letter, or “Written Qualified Request” (QWR) to the bank and other regulatory agencies, and include anyone (politicians) who might be monitoring your case (see below). Federal law (the UCC – Uniform Commercial Code) REQUIRES banks to provide you with DETAILED information on your mortgage.

    RESPA is explained on these two government sites –

    hud.gov/offices/hsg/rmra/res/reslettr.cfm
 ftc.gov/bcp/edu/pubs/consumer/homes/rea10.shtm

    Samples of letters can be seen (copied) here –
    

nololawlibrary.com/foreclosure/7-2d.shtml
    

foreclosureindustry.com/2009/08/qualified-written-requests-respa-and-mortgage-servicing/
    

scribd.com/doc/11903044/Respa-Letter

    Insert your personal information, rewrite the opening paragraph(s) to describe your personal concerns, and customize the “demands” to your own case, preferably with the help of a lawyer or someone with legal experience.

    DO NOT send via email, and use the Postal Service, certified mail, return receipt requested. Copy all related people/parties the same way (See list below).

    IMPORTANT NOTE — The banks have been OPENLY denying complete and proper responses to QWR’s, including denying information about your “Blue Ink Note,” either where it is located or actually producing the note/mortgage. “Blue Ink Notes,” the original mortgage you signed, MUST PHYSICALLY EXIST, and banks are required by Statutory Law to PROVE they still have it, either by affidavit by an officer of the company, or in court with the Note in their hands.

    This is a FUNDAMENTAL TENET of contract law … an unbreakable basis for law. The physical paper contract must exist.

    Receiving a COPY of the original mortgage DOES NOT SATISFY this requirement. A copy IS NOT THE ORIGINAL NOTE. Many mortgages were “registered” with the MERS system, which is being challenged nationally as an ILLEGAL SCHEME for the banks to avoid paying transfer fees to counties. MERS SHREDDED at least 40% of 63,000,000 mortgage contracts, and yours may be one of them.

    18 ) Also … and this is tricky … this is ALL about contract law, which is called “Statutory Law.” It literally has NOTHING to do with Right and Wrong, but what contract law expressly states. This is NOT “Common Law” that talks about the rights of a human being. This is about your “fictitious corporate self” that’s a party to the contract … NOT YOU as a human being. Statutory Law only sees the “contractee,” not the human being. Statutory Law couldn’t care less whether you live in that house or not … just whether the contract is fulfilled.

    READ your mortgage and READ your restructuring agreement. Everything that’s happening to you is based on THOSE, not Right or Wrong … or have someone who understands legal language read them and explain what they mean.

    Contract violations are what Class Action Law Suits are based on … contractual violations, and that’s all a court will listen to.

    SEE ITEM 21 regarding “Filings.”

    Remember, this is a nation of laws, courts and parties to contracts … NOT common decency or even Common Sense. Work to save your home. Complaining gets you no where. Working hard and learning “the game” they play is the only thing that works.

    19 ) DO NOT attempt to jump right in and attempt to solve your situation with a lawsuit. First of all, lawyers are running away from these cases as fast as they can. Banks have TREMENDOUS legal power and lawyers know this all too well.

    Thinking you have much of a chance in court is a GRAVE mistake if you aren’t thoroughly prepared. Do everything you can to stay OUT of court since that’s where the banks have the most power and influence. They have THOUSANDS of lawyers on their payroll and know every nook-and-cranny of the law.

    Lawsuits are NOT a “magic fix,” especially if all you’re fighting for is a modification. Sue, and you immediately become an “adversary” and all the rules change. Keeping the pressure on banks WITHOUT going to court … except perhaps using “filings” (See Item 21) … should be completely exhausted before resorting to a lawsuit.

    … and …

    If you MUST sue, consider filing INDIVIDUALLY (See Item 20), not under a class action lawsuit. A class action huddles dozens if not hundreds of homeowners under one suit, with one narrow set of criteria AND, more critically, the banks only have to send one small team to fight MANY homeowners. Individual suits are MUCH harder for the banks to fight, bleeding their legal dollars far more than class actions.

    … but also …

    Most lawsuits are won and lost on the DETAILS. A class action suit squashes all the details of your case. IF ANYTHING, consider a “Mass Joinder” suit where each and every plaintiff has the opportunity to be heard.

    20 ) Consider stretching your budget to file an INDIVIDUAL lawsuit (Also SEE ITEM 21), rather than being lumped in with a class action. Jamming up a bank’s legal department with multiple suits is far more effective than allowing them to combat one class action. A class action puts you in a barrel with all the other fish.

    It’s also been suggested that you can file yourself, without an attorney. It’s called “pro se.” When you sue personally, you can name names. You’re not held to the same standards as a lawyer. You can sue everybody, including the “negotiator” or “customer advocate,” the clerk, register of deeds or even the court itself if they contradict the law, by filing criminal charges against even the judge. You can name anyone on any paper that relates to your mortgage.

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

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

    These are basic legal principles many people aren’t aware of. Most people think courts are for either “prosecuting” or “suing” … not so.
 Courts will also protect rights, if they agree with someone that applies to the court that rights … or a contract … are being violated. “Suing” doesn’t do that. “Filing” can.

    22 ) There’s also been the suggestion that you file bankruptcy. Bankruptcy is a complicated and often expensive process, and not everyone qualifies … as described here …

    http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter13.aspx

    It can be a difficult decision, time consuming and possibly expensive, seriously affecting your credit for years, but a solution none-the-less.

    23 ) Isabel Santamaria from Florida is spearheading the collection of your stories for use in court against the banks. This is a CRITICAL use for items 3 ) and 4), your journal/diary and timeline, or simply a statement of your experience.

    Banks are being found guilty in court for a pattern of fraud when many “affidavits” are presented describing the same pattern over and over with many people. Telling just your story in court doesn’t cut it. Judges, courts and juries need to see the testimony of many homeowners to understand (and record) a pattern.

    You should have these timelines and journals notarized, scanned, and placed in the “repository” or online data base we are developing so anyone suing or filing against the banks can access the statements when filing a suit.

    In advance, you should be aware that you can’t remain anonymous to the court. You’ll be providing your contact information and signing these statements. Judges and juries need to see that you’re a real person.

    You can’t just “claim” widespread, systematic abuse without documentation. You have to PROVE it with affidavits. A database is being created and the details are being worked out. More news and details later as they develop. Email Isabel at Isabel-1229 [at] hotmail.com for details and updates.

    24 ) Although it’s controversial and you should check your State and local laws before hand, you can record your conversations with the bank WITHOUT telling them. When they say “This call may be monitored or recorded …” they have broken a basic principle of law called the “privacy covenant,” where phone calls have a basic expectation of privacy. Once they say that, you can record to your heart’s content. But again, some attorneys express caution, so check your State’s laws.

    25 ) Research is showing that filing for Quiet Title can be tricky and possibly expensive, although not impossible. It’s my opinion that it’s going to be based on a LOT of research before you dive in. Apparently, the courts will be VERY careful to dot every “I” and cross every “T” and several people are suggesting a Quiet Title specialist attorney.

    Of course, introduce “attorney” into it and you immediately add $$$.

    Make that a specialist and I’d imagine you’d easily double it.
That’s probably where the research plays a critical role … including ramming a RESPA/TILA letter down the banks’ throats, as well as hunting down actual paper records of your loan in your county/parish.

    It’s not going to be as easy as “the bank did me wrong, so I want my house” and the judge saying “ok.” There’s going to have to be provable fraud or broken “chain of transfer” eliminating their right to your property.

    Even before you approach an attorney, you’ll need to know these things AND have accessed the documentation to prove it, or you’re wasting your time. It’s far from impossible, and could even be highly likely given the MERS debacle … well, shall we call a fraud a fraud … but going the Quiet Title route is going to be work, work, work.

    Carbon Copy Contact List —

    This is a list of politicians, governmental agencies, law enforcement and other organizations you should Carbon Copy on ALL YOUR CORRESPONDENCE with the bank. Contact them directly if you can … by phone … and talk to a real person. See my note at the bottom –

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

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

    Jon T. Rymer, Inspector General FDIC
    
Room VS-E-9070

    Virginia Square, L. William Seidman Center
    
3501 Fairfax Drive

    Arlington, VA 22226

    U.S. Department of Justice

    Glenn A. Fine, Inspector General

    950 Pennsylvania Avenue, NW

    Washington, DC 20530-0001

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

    Larry L. Hattix, Ombudsman

    Comptroller of the Currency (OCC)

    Office of the Ombudsman

    250 E. Street, SW, MS 9-3
    
Washington, DC 20219

    Comptroller of the Currency (OCC)

    Administrator of National Banks
    
250 E St SW

    Washington, DC 20219

    U.S. Department of Housing and Urban Development
    
Attn: Fraud, Waste and Mismanagement

    451 7th Street S.W.
Washington, DC 20410

    Office of RESPA and Interstate Land Sales

    Room 9146
    Department of Housing and Urban Development
    
451 7th Street SW

    Washington, DC 20410

    Federal Trade Commission

    600 Pennsylvania Avenue NW
    
Washington, DC. 20580

    Both Federal Senators
 (Google)

    Federal Congressperson of your District
 (Google)

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

    Your State Assemblyperson (Google)

    Your Attorney, even if they aren’t retained yet

    Your State Attorney General (Google)

    Your District Attorney’s office
    

Check for specialized lawyers under the DA (Google)

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

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

    For telephone numbers and email contacts for all of the above use Google — but WRITTEN PAPER CORRESPONDENCE has greater impact.

  • Jo Anne P Cooper October 29, 2012, 4:59 pm

    I would like to talk to someone about adding my name to the list.

  • Don S. - Pennsylvania October 31, 2012, 10:19 am

    Jo Anne …

    Please try and understand.

    There is no “list.”

    There is no one here that will simply add you to a list.

    The lawsuit mentioned in the article on this web site is not only old, it is only for residents of Washington State.

    It’s so old, the owners of this web site don’t even have the news article posted anymore.

    There is no class action simply to add your name to … neither would that likely be what you want.

    What do you want?

    What happened to you?

    What happened to your home, mortgage or modification?

    What do you think a class action lawsuit will do?

    These questions are unavoidable.

    You can’t simply dismiss them and believe your problems will simply be solved by adding your name to a list.

    The majority of people talking on this web site and forum are homeowners attempting to figure out how to save their homes from [allegedly … HA!] illegal foreclosures.

    … but until you can clarify what you want or need, there’s no one here to help you.

    Sorry about that.

    • Monica May 7, 2013, 9:11 pm

      Don – My head is spinning reading all of these posts! Unbelieveable what these people have gone through.
      I am on the other side of things, dealing with a Short Sale that is being handled by B of A. I made an offer on July 29, 2012 and my paperwork has been shuffled around for almost a year now.
      While I am not in dire straits like the folks here, I am at my wit’s end, you would think they would take my money?? Do you know of any organization that handle complaints regarding my specific situation? Thanks for any help or direction you can provide.

      • Paula Cox May 9, 2013, 7:33 am

        The Attorney General in your state can help. Please contact them if you are having trouble with Bank of America. Do not give up. One day, and hopefully soon, someone is going to hold BofA accountable for their actions.

  • michael November 3, 2012, 5:44 pm

    i have been trying for 18 months to get a modification loan. but they kept asking for pay stubs even though i am on SSI i sent them a copy of my SSI, my bank statement with the amount underlined. but this did not help. since July of 2012 i have sent in 6 sets of forms 8 sets of my tax returns. i finally turn it over to the Ms. Center for Justice. Bank of America contacted the SSI and claimed i was self employed. i will not bo surprised if SSIdon’t stop my payments because of this. i am one of the ones that Country Wide made illegal loans of $130,000 in 2007 [with out a apprisal ] my house only apprised for $86,000 in 2005 they have tried every way to repo. my home. you’ll need to contact the Consumer Financial Protection Bureau ASAP.

  • Lea W November 9, 2012, 4:24 pm

    Came across this website and it brings tears to my eyes reading all the comments. I too have had my dealings with BOA for years. Purchased my house in 07 right before the housing market crashed good. Couple years later I came on hard financial times and tried many times to modify my loan and was turned down every time. They then put me on a pricey repay plan, but I was bound to make it work. I made my first big payment 3/11/10 and 2-3 weeks later I was served forclosure papers dated yes 3/11/10. I fought filing different papers here and there just to keep things at bay and be able to stay in the house as long as I could. I finally resorted to bankruptcy. I’ve been discharged from it for almost six months and they still have not picked up and continued on with the foreclosure. I’m just saddened that I tried all I thought I could do to save my home, but they would rather turn me down and not get any payments for years at a time and let a property just sit vacant. I moved out shortly after my bankruptcy. I continually get documentation from them and most recently received a letter by Fedex informing me my second small loan was forgiven. My bankruptcy attorney told me the government made them do that on small loans they wouldn’t get anything out of anyways, but none the less. It’s hard to understand how they could be so not willing to help me, but then can just send me a forgiveness letter for a $20,000 something note. I’m not done with them though. Don’t know the plan yet , but I’m going to do some more research. My attorney suggested yet contacting them for another modification (haha I laughed in his ear) since they forgave the small loan maybe they would modify the large loan or to try contacting the making homes affordable program. Or of course since the bankruptcy I could just walk away and be totally done…..and someday they might finally leave me alone.

    • Don S. - Pennsylvania November 15, 2012, 10:31 am

      Lea …

      Your “It’s hard to understand how they could be so not willing to help me” caught my eye and I’m compelled t make a point here.

      It’s something I’ve been reminding people for a couple years now.

      We’re raised under the illusion (DElusion, actually) that the banks are there to help us put a roof over our heads.

      Nothing could be farther from the truth.

      To make it EASY to understand, think about the emails you get … some personal, but many “spam” and advertising.

      Think of it this way … in this mixed up crazy world, everything, and I mean everything has become …

      … ALL ABOUT PROFIT.

      So NEVER let that fact fall off your radar. Remember that these people are your ENEMY, not your friend.

      FIGHT THEM.

      Do NOT look to them for “help.”

      FORCE them to do their job … in any way you can … with every ounce of your energy.

      • Donna Forte December 11, 2012, 11:17 am

        We filed an Emergency Injuction against B of A to stop a wrongful forclosure. The Judge agreed that we had enough evidence to allow him to stop it. It would take all day for me to type what has happened in this case, but I can sum it up as simply as this……Bank of America is a criminal! And should be dealt with as such. They are compairable with any theif on the streets today. That being said, we have since filed a lawsuit for damages, (they’ve ruined our credit). We only owed $42,000.00 on our home. We had had the Countrywide/B of A loan for 15 years.Never a single day late on any payment! Our home appraises at over $250,000.00, this all started when we attempted to get a refinance with a little extra to do some remodeling. Interest rates had dropped significantly from the 6.5 that we had to 4% so it made sense at the time…..I only wish I would have known the problems it would create. While we were in a 10 month long process of getting a new loan (they lost the documents, our debt ratios were being reviewed, the underwriters were very busy trying to get so many loans approved, we needed a foundation inspection, they wanted to have the apprasial looked at again) you name it, we got every excuse in the book! We finally told B of A to shove it, and just took out a second on our house. But then 2 months later one of my monthly payments was returned (strange) I called them and asked why…..”they had no idea” and told me to resend it. I did, along with the next months payment. 3 weeks later, both payments got returned. This went on for 4 months….next thing you know, we got a forclosure notice, and then all hell broke loose. We have been fighting this for almost 2 full years now. We trust our Attorney. We are also sueing for damages.

        It would help a lot, if I could get statements from a number of people (as many as possible) that we could submit to the court, showing that this is NOT and isolated incident. Is there anywhere that you know of on the Internet, that has compiled a list of statements from other homeowners. People would have to be willing to give their names, particulars, and addresses for it to be allowed as evidence.

        If you email me at the address I’ve provided, I would be willing to give you my phone number and maybe we could chat further about this.

        Thanks for any help that you can provide.

        Donna

        • Don S. - Pennsylvania December 12, 2012, 9:57 am

          Bravo Donna!!

          Terrific work!

          Even though I hear the frustration in your writing … who wouldn’t be … you’ve done EXACTLY what you needed to to fight this thing … becoming aware … getting over the illusions … acknowledging the reality of their criminality … then fighting in ways that you can win.

          I said “Yes!” out loud when I read your first sentence about an Emergency Injunction.

          Just so you know, there’s quite a few other people waking up to this situation … some sparkling talent … and they/we are forming a national organization to bring homeowners together to help fight this thing.

          Tentative title is the “National Homeowner’s Union,” and the resources intended will include a data bank of the affidavits you ask for.

          This is a KEY to defeating the banks’ criminality in court AND waking courts up to this national sham.

          Holler if you’d like to know more. Coming together on this is inevitable, which makes the banks’ defeat inevitable.

  • Cam November 11, 2012, 12:39 pm

    Don,

    My situation is similar yet different. I was reading where you mention contract law and it got me to thinking. Here is where I am at. After my paperwork was lost for quite some time, I was eventually approved for the FHA-HAMP. None of the representatives I spoke with would provide me with the details of the modification and said they would be laid out when the trial was completed. My paperwork did not provide details either. I was not given the option to see if I qualified for a program that had a greater net tangible benefit for me. After successfully completed my 3 month trial June, July, August 2011, Bank of America did not convert my loan over to a permanent modification. I continued to stay in touch with my CRM every 2-3 days. I contacted the Office of Consumer Finance Protection Bureau, the Texas Attorney General, and our Congress-Woman along with Brian T. Moynihan,(BofA Ceo). The only information I could receive from the bank was to continue to make my trial payments. Bank of America responded in July stating that the issue was resolved. Finally, on 10/31/2012, I received modification documents, that stated I have 10 days to sign and return them. The documents are incorrect and after pointing that out, my CRM has gone MIA and I cannot get a response.
    Now back to contract law… I have trial documents that state they are legal and binding and that they were going to convert me over to a modfication the month after my trial payments are completed. HAMP guidelines state that the Bank has no longer than 60 days to convert to a permanent modification. I also have documents that are not correct and they have a deadline. What type of legal action can I take?

    • Don S. - Pennsylvania November 15, 2012, 10:23 am

      Cam …

      Been offline a couple weeks due to Sandy.

      Very articulate post.

      Now, you realize I’m just a homeowner like you, right? Asking me specific legal advise almost sounds like a trick question! … [laugh]

      If you’ve read my writings … particularly my list of actions … you may note that I suggest avoiding “legal action” unless and until it’s absolutely necessary. The banks WANT you to run into court. That’s where they have the most power … and you don’t.

      Although your post was articulate, it lacks enough detail for me to [non-professionally] suggest some sort of filing … although you’ll see in my past posts the possibility of a “Motion to Compel” or something along those lines.

      You may also have surmised that I encourage actions through agencies, politicians and law enforcement — note the list of contacts — and putting pressure on the bank in that fashion. If your objective is to acquire a modification, the LAST place you want to end up in is court (under a suit). You become a “litigant” and that puts you in a whole new world — even outside the banks’ power factor I mentioned.

      You want PRESSURE on the bank to perform. That can come from these agencies and responsible individuals … PLUS putting the agencies and individuals under scrutiny is a critical aspect of this “eyes on” concept. This entire debacle came out of shadows.

      This whole mess was possible because people weren’t watching and no one cared … not the politicians, not oversight agencies, not law enforcement … and the banks HEAVILY influenced them to keep a blind eye … nothing short of collusion.

      Getting EYES ON both the banks and persons responsible for bank regulation … especially legal regulation … is critical in keeping your modification moving forward. Without that, the banks will simple keep stealing homes.

      You seems “reasonably” oriented in your quest, but I would make one important adjustment to your thinking …

      The bank is not there to help you modify …

      … but there to steal your home if they can and realize fast profit.

      So look upon them as a literal enemy and bring every eye you can to bear on the battlefield. They are literally financial bullies with a smile on their faces … lying to YOUR face about what they will and won’t do for you.

      Use the contact list above to get “eyes on” your situation, and don’t let up for a millisecond. Be tenacious and insistent … but polite … with the people you contact and draw into your battle.

      I’ve found, personally, that being TERSE with the bank helps, too … calling them eyeball-to-eyeball on their shenanigans pulling no punches … saying to them directly and forcefully, “You are being investigated for FRAUD.”

      Ignore what they say when it’s not in your best interest … a track to getting your modification. Pound them mercilessly with THAT objective. They WILL lie and misdirect. They WILL give you false hope, smiling on the other end of the phone as if they’re there to help you. Tolerate none of it … and remind them that they’re being CLOSELY WATCHED by many eyes.

      “Legal action”?

      Not if you can help it.

      But “action,” yes.

      Take action on fields of battle where you can win … and “eyes on” is as good as an artillery barrage or multiple smart-bomb sorties.

      Be relentless.

      • Cam November 26, 2012, 1:15 pm

        Don,

        Thank you for responding. Glad to know that you are safe after Sandy and still able and willing to provide us with assistance. Let me see if I can be a little more specific.
        The Home Affordable modification program is strict in regards timelines. The guidelines state that there is to be a 3 month trial with no more than 60 days interim period to convert the trial to a permanent modification.

        I was approved for a trial modification under the FHA-HAMP directive for June, July, and August of 2011. I have successfully completed my trial and continued to make (trial) payments each month since my trial began. (13 months and counting)

        I have contacted the Office of Consumer Financial Protection Bureau, the Texas Attorney General, My Congress-Woman and The Comptroller of the Currency FHA and HUD. Doing that escalated my file to the Office of the CEO and President with BofA. In July, Bank of America responded to them stating that my issue had been resolved. I responded back advising them that I still have not been converted to a permanent modification. I have not received a response from any of the agencies.

        On 10/31/12 I finally received permanent modification documents with a 10 day deadline to return them back. The documents were incorrect and even after pointing that out, they were unwilling to grant me an extension to return the documents back. The documents consisted of a partial claim agreement, modification summary and the actual modification documents. Each document listed different amounts for instance, The summary listed what my new modified principal balance should be and the modification documents listed a higher amount.

        Today, After weeks of no return calls from my customer service relationship manager, I called 704-386-5681 which is the number to BofA’s investor relations, and they transferred me to the executuve department and mysteriously, they were able to get my rep on the line.

        I am fighting and I plan on continuing to be relentless in battle. One of my main problems is, each month that this prolongs, I am falling further and further behind. I am still making my trial payments however, they are less than my contractual payments which keeps adding up. This whole process has put me in a position where I may not be able to reinstate my loan (if I were to throw in the towel). I currently have 14 yrs left to pay on my loan and The modification they offered, extended my term out to 30 yrs. I am very frustrated and confused.

        I know that it would be best to avoid any type of litigation but I just feel like I have done a lot, and I haven’t gotten anywhere. Do you think that I should reinstate my loan and attempt to refinance or keep fighting for them to correct modification documents that will ultimately increase my term for another 16 years? I am very young so any information provided will be of great help to me. Any specific questions you may have I will be more than willing to answer as well.

        • Don S. - Pennsylvania November 27, 2012, 8:28 am

          Cam …

          I’m, naturally, obligated to start off by saying that none of what I suggest is professional advice. I’m just a homeowner with mileage.

          As you can see, things get complicated. They love it that way. The love for us to be confused and frustrated. It’s built into the system. Corporations don’t do things by accident. They spend hundreds of millions of dollars to study what makes billions, then they do THAT … and train their people accordingly.

          That aside, you obviously simply want your modification. I paid a trial payment for over three years … the whole time listening to them whine that I’d been denied, wasn’t eligible or a whole slew of excuses about why they couldn’t modify.

          It’s simple. They don’t WANT to modify. They only want you to THINK they do. Regardless of how long it takes, in the end they want your house. That’s where the profit is.

          Now … THAT aside … what “specifically” to do?

          First question … are you on Facebook? There are very well traveled participants in groups on Facebook that have a fairly vast understanding of the specifics you seek, particularly when it comes to litigation … since many are IN litigation, but there’s other information, too.

          One question you have to ask yourself is how long you plan on living in the house. For me, it’s virtually the rest of my life … for the sake of this discussion … and for the sake of any bank agents listening in.

          The way you have to perceive this is the fact that your house is where you LIVE, whether you stay a month, a year or the rest of your life. IT’S YOUR HOME.

          So approach the bank as if you’re never going to leave, whatever your actual plans might be. It’s irrelevant until you actually move … and ONLY move because it’s right for you, your life and family … not because you’ve been pressured to.

          Also realize that your priority is your modification, that ALL you should be thinking about when you speak with the bank and ALL they should be talking to you about … not IF you get it, but WHY you don’t have it and the fact that it’s the ONLY reason you’re speaking with them. This holds true for the agencies, etc, that you’ve contacted.

          How did you contact them? Email? Letter? Phone?

          Phone is the best method. Personal contact is critical. “Personify” this problem for anyone you contact. Make them understand you’re a real person, not a name on a screen or paper. Email is the WORST way … and the least personal. Follow-up phone calls with letters. Once you have a relationship established, the letters can flow … and … ALWAYS communicate with the bank via letter, copied to these other parties … every time.

          Telephone conversations with the bank is nearly useless. They can alter anything they say on the phone with things in writing, and often do. Pound your bank contact with letters if you need to … AND … make calls … record the call dates and times … or the calls themselves (check your State’s laws) … but make the calls as back-up to the letters.

          You’re asking me specifics … what to file? who to contact? how do I go about this? …

          The key is pressure, pressure, pressure … relentless pressure … on them to PERFORM “loss mitigation” … to actually DO the job they’re mandated to do under statutory law.

          It’s what I’ve come to call the “Eye’s-On Strategy.”

          Keep all eyes on the bank as you possibly can … you, your politicians, agencies and law enforcement … even your friends, family and co-workers, church (synagog/mosque) members, too. The more they’re pressured … INCLUDING being told they’re under investigation for fraud … the sooner they’ll do whatever they can to shut you up and get those eyes off of them.

          One key thing I hear from people … and I hear it in your pleas and explanation … is that they/you feel the bank “should just do this thing” and not be giving you such a hard time over it.

          That’s not their job.

          Their job is to deliver stockholder dividends and management bonuses and board salaries … and whether you get a modification (contrary to those payments) or even have a house is irrelevant.

          Lastly, to get that modification, you may have to temporarily sacrifice back-end dollars … in other words, pay more … BUT … and this is an important “but” … you only do that knowing you have the option to SUE THEIR ASSES OFF after the fact.

          Check any modification agreement carefully. If there’s clauses that prevent you from suing, allow them to replace “missing” documents at will, consider crossing those clauses off when you sign and return the mod docs. Be VERY careful what you sign. Never let them terminate your ability to drag them into court, which you can after the fact.

          So … what should you do? Fight on battlefield you can win … pressure and eyes-on … filings (Motion to Compel, etc) if it comes to that … but the point is to be relentless to demand that they PERFORM and PRODUCE the modification.

          • Cam November 28, 2012, 2:23 pm

            Thank you so much Don… I have my boxing gloves on.

            I remember reading a post about someone’s loan being transferred to Bayview Loan Servicing, while they were in the middle of their modification but now I cannot find it. Anyway… I ran into an old friend that happens to work there and they gave me this email address..
            Michael.Flick@bayviewloanservicing.com. He is over the department that handles the modifications and from what I here, he is a very hands on no non-sense type of guy… Funny right???- I hope not, but hopefully that can help him get his file escalated.

          • Cam November 28, 2012, 2:29 pm

            correction…
            Michaelflick@bayviewloanservicing.com
            all employees there have simialr email address… first and last name @bayviewloanservicing.com

  • Judy November 18, 2012, 3:34 pm

    Finally, I have been approved for a modification. The new payment is $100.00 less than we were paying. I was forced in to filing Chapter 13 and I think that helped some what. All the missed payments and miscellaneous charges were tacked on to the mortgage which is 40YEARS and will be paid off in 2052 when I am 106 years old! It’s been a long, long stressful summer and now I can breathe a little. No one should ever do business with BOA…no credit cards, no checking accounts, no savings account, no nothing. They are snakes with out any respect for the ‘common man.’ My advice to all of you still struggling is to get a GOOD real estate/bankruptcy attorney and do what you have to do. If you file for Chapter 13 your attorney could be paid by you through your trustee. That’s what we did and the trustee takes the money out of our checking account every month for the next four years. Good luck to all of you! Judy

  • Kathy Sparacino November 20, 2012, 10:23 am

    We have lost TWO homes in the last ten years because BOA has refused to work with us both times. In 2002 they refused to accept our payments and forced us out of our home and into foreclosure. In 2011, they refused a cash offer on our (2nd) home, and we still have not gotten a settlement on a short sale, in which we would still lose over $20,000 (includling the stimulus that we had received and put into the house). This happened right after the President had given the banks $750 billion to HELP homeowners. We would like to demand restitution, but we don’t know how to go about it.

  • Carol L. Garrison November 25, 2012, 6:07 pm

    How do we find this legal group, that brought the class action suit
    against B of A. because we need to bring this law suit forward to 2013.
    We have tried for over a year to get a modification thru HAMP and
    Making Homes Affordable and have been turned down. We know of
    other people in our state, Kentucky, that have denied also, could you
    please forward this to this lawyer or his legal group, because we are
    in desperate need of help. We have been scammed 2 time already
    and are afraid to trust, but this looks very trustworthy. please help!!!!

    Sincerely
    Carol L. Garrison
    Phone# 502 859-8111

    • Don S. - Pennsylvania November 26, 2012, 10:02 am

      Carol …

      I’m in this going on 40 months, had a foreclosure judgement and at least four attempted Sheriff’s sales …

      … and I’m still in my home.

      I’ve also received my main mortgage modification. My battle has always been over my Home Equity Line of Credit (HELOC). They’ll use any excuse to foreclose. It doesn’t have to be your principle mortgage.

      As far as the law firm handling the case in the article that started this forum/blog, they have offices in Washington State and California. I haven’t researched that particular case in quite a while, but it’s not really relevant anymore anyway.

      Statutory Law, or contract law, is State-by-State, so if you want to start a lawsuit in Kentucky, you’ll have to find a law firm there … although I don’t (as a homeowner and non-professional) recommend you jump right into a law suit.

      If what you want is your modification, there’s better ways to go about it. In this country we’re taught that law suits will whip some offending party into shape and compel them to behave correctly.

      That’s a misconception (in other words, wrong).

      It’s particularly true with this situation, with the banks. The millisecond you file suit against the bank, you’re tossed out of the negotiating process for your modification and immediately get tagged by the bank as a “litigant.” That’s an entirely new world to the bank. You cease being a party to a negotiation and immediately become a legal adversary … an enemy.

      If what you want is your mortgage modification there are MANY things you can do rather than sue. In fact, suing should be the LAST thing you want to do with a bank … a bank that has thousands of lawyers at their beck-and-call and access to every nook and cranny of the law. They will EASILY defeat you on THAT battlefield. They have the guns, and they have the ammunition. More than you can possibly imagine.

      First of all, courts and the law don’t exclusively exist for “suing.” You can “petition” the court, asking them to make someone (or a company) do something they should be doing, or ask the court to stop them from doing something they shouldn’t.

      That’s also called “filing” with the court, and can be something like a “Motion to Compel” or any number of other types of petitions. All they are are questions that request the court to answer, and takes action on. These are not “law suits,” but can do much the same thing … slap a party to a contract up-the-side-of-their-heads and whip them back to proper behavior.

      Isn’t that what you want?

      I’d strongly suggest you look at my list above to get the idea that jumping right into a lawsuit has alternatives. There’s other more effective things you can do to get your modification … if that’s what you’re looking for. From the sound of your post, it is.

      You’re also only in this a year, and although that may seem like an eternity, it’s the blink-of-an-eye for many of us here. There’s a ton to learn about how all this got started and how to fight it …

      … but the main thing to learn is the fact that it’s literally a war for the roof over your head. Bullets are dollars, but it’s a war nonetheless.

      You have to not only learn how to become a warrior, but learn what battlefields you can fight on to win. The battlefield of the court is where the banks have the most power … the biggest guns. Jumping right in front of their biggest guns with your “pea-shooter” knowledge of the law may not be the best course.

      Something to think about.

      Best of luck … and Fight the Good Fight.

  • Tony Z November 27, 2012, 8:45 pm

    Haven’t been here in a long while. On Friday, the day after Thanksgiving my 73 year old Mother received a letter of intent to accelerate foreclosure from Bank of Anti-America.

    A few weeks ago she FedExed paperwork for the umpteenth time to try once again for a modification. Last week she received one letter confirming that her paperwork was received and her case would go to appeals, the second letter, received a couple of days later said that she has been denied because they didn’t receive the paperwork.

    Anyway, this is the second intent to accelerate letter she has received in three years. The first asked for 1,600.00. I demanded to know what that figure was for and finally after getting the run around, a BoA manager told me it was sent in mistake.

    This recent letter of intent is asking for $1,980.00. Don’t know what the figure is from as my Mother continues to make her mortgage payments on time every month. Wondering if it is escrow???

    Going to call the evil bastards tomorrow once I get off work. People, trust me, before they get my Mothers house, I will make sure she has moved out and I will destroy the inside of it. They can get the authorities after me all they want, I just don’t care anymore. I don’t want to live in a world where so much evilness and corruption is allowed.

    Capitalism is the beast system. Banks/Corporations are the beast.

    • Don S. - Pennsylvania November 28, 2012, 8:42 am

      Tony …

      Welcome back, although I wish it wasn’t necessary. Sorry to hear you’re still dealing with this.

      A minor alteration in your perspective of capitalism.

      True so-called capitalism is money moving AROUND … everybody having a chance to get some.

      Our capitalism has been hijacked by the greed meisters …

      … and it’s moving UP, not around.

      YouTube search either “Zeitgeist” or “The Money Masters” to learn how money is supposed to work and how the system has been hijacked. “The Money Masters” is about 20 years old, but it still holds true.

      Also check into “The Greenback,” a form of the Dollar that Lincoln introduced during The Civil War. Some say he was assassinated partially for that. It wasn’t debt-based and cut the bankers out of the loop from profiting from people simply using money.

  • mj pagano December 3, 2012, 5:49 pm

    Hello all: I too have gone through a lot with Bank of America. They bought my loan from Countrywide. Need I say more. All of the sentiments I am reading are comparable to mine. Now another monkey wrench has been thrown in. I was at the end of my third attempt at modification and they informed me that my loan was assigned to Resurgent Mortgage Servicers. OMG They are debt collectors! I can no longer get in touch with my BOA home retention representative. I am in the “older people” class. My home is all I have and I am depressed after all of this dangling of the carrot. Does anyone else have any comments on BOA and Resurgent? Any advice???

    • Don S. - Pennsylvania December 4, 2012, 9:13 am

      MJ …

      Translating your “anyone else” request it’s easy to think you meant “Not you, Don.” …

      **smile**

      However, a couple things strike me.

      First, even though it’s a new “servicer,” do the things on my list above anyway. In most cases (if not all), the loan was sold (often into those famous “derivatives”) and BofA is only the servicer anyway, so not much changes in your approach to defending your home.

      “Home retention representative” is a misnomer in any case … meaning not really true. BofA … by their long-recorded actions (and inactions) … aren’t in the least bit interested in you retaining your home. They want your home to realize fast profit, so you’re not really missing anything by losing that so-called hoe retention representation. They were never working on your behalf to begin with.

      Second, you’ve hit the nail firmly on the head by citing “dangling carrot.” That’s exactly what they wanted you to think … that you were going to keep your home and that they were “working with you” to make that happen.

      It’s a lie.

      Hard to believe, yes?

      … but that’s what they’ve proven … beyond doubt …

      … they lie.

      That’s why many call it “fraudclosure.” It’s a fraud, a shame and a shake-down to realize fast profit for their boards, executives and stockholders … and bonuses for their management.

      It’s all about the money.

      And it started in the early 90’s (likely before) when they realized they could use their economic influence and legal power to attempt to alter real property law to GET that profit … mostly with forming “MERS” (the Mortgage Electronic Registration System).

      The first entities they started to screw to the wall were the county registrars where mortgages are recorded, creating MERS … illegally … to avoid paying transfer registration fees … a FOUNDATION of real property law.

      Next, they started “bundling” good mortgages with crap, calling them all good, screwing investors by making all mortgages look good.

      Then (in the late 90’s and early 2000’s) they started pushing crap mortgages on people, culminating with basing many of them on “future earnings,” which is no basis at all.

      Lastly, they’ve almost completely given up on the idea of letting a mortgage play out over twenty or thirty years, and want the money NOW … after all, that’s what stockholders demand day-in-and-day-out … profit, profit, profit … now virtually (if not literally) at any cost.

      Anyway … point is … they have NO interest in keeping a roof over your head. Their ONLY interest is in confiscating as much property as possible to acquire fast profit.

      Now you must FIGHT to keep your home. Once they have their hooks into you and you’ve been sucked into the “fraudclosure” machine, your only course of action is to fight them like a badger to keep that roof.

      Keep in mind …

      ONLY COURSE.

      They give you NO choice but to fight.

      If you don’t, they know FULL WELL men with guns will arrive on your doorstep to throw you into the street … along with everything you own.

      That’s right …

      … “men with guns.”

      Advice?

      First …

      Get over the “shame” of being threatened. This isn’t your fault. You didn’t cause this … their GREED did.

      Second …

      GET IT RIGHT OUT OF YOUR HEAD that they are there to help you.

      They’re not and never have been. That’s not their job. Their job is to MAKE MONEY … and nothing more.

      Next …

      BECOME A WARRIOR for your home …

      … whatever it takes.

      Read, learn, study, educate yourself, but most of all stop … right now … being apathetic or even delusional that this is not happening … IT IS … and you have a war for the very roof over your head banging on your front door.

      What do you do about this new “debt collector”?

      FIGHT.

      That’s your one and only option.

      There are no heroes. There are no saviors. No one cares more about your home than you do. No one is going to step in and fight off the big-bad-bank … without taking a slew of your money to do it … and most that say they will are like the bank and ONLY interested in your money.

      Stand and fight.

      Or move out.

      And let them financially rape you.

      Sorry to be blunt.

      But that’s the fact of the matter.

    • Jean December 4, 2012, 7:20 pm

      MJ try calling 704-386-5681, the CEO’s office and ask for Mr. Brian Moynihan. You won’t get to speak to him but you will get asked about your problem and you will get to speak to someone inside BOA that can help resolve your problem. Also, here’s another number for the Escalated Complaint Department, 100 North Tryon Street, Charlotte NC 28255 Phone: 877-877-2670, Fax: 704-403-0968. I’ve found that nothing takes a short time with this company.

      I tried for 6 months to get a refinance with their Conventional Fixed Fastrack 30 Program and finally had to write to the Comptroller of the Currency and asked the question, “Does it normally take 6 months for a refinance?” I had the Office of the CEO & President calling me, and even after that it took 6 weeks for the process to come to it’s end.

      However, now it’s 3 months later and BOA has not recorded the new mortgage, meaning that I could sell my property and they do not have any claim for the money they loaned me on it, because they have not properly recorded the lien with the County Clerk’s Office.

      You may want to write a letter to:
      Comptroller of the Currency
      Customer Assistance Group
      1301 McKinney Street
      Suite 3450
      Houston TX 77010
      Fax: 713-336-4301

      with the problems you’re having with BOA and see what happens.

      BOA is nothing but a “comedy of errors” and unfortunately the joke is on us and they keep taking our money and our tax money to keep them afloat.

      They’re customer service people are vast in numbers and most are well-meaning, they just DO NOT KNOW WHAT THEY ARE DOING and BOA only give them “guidelines” and what may work in California will not work in YOUR home state and their “guidelines” are based in CA, or PA, or NC.

      Hope it helps.

      • Don S. - Pennsylvania December 5, 2012, 9:53 am

        Jean …

        Please note my list higher on this page (about in the middle).

        I have a list of these types of agencies, politicians and law enforcement (including the OCC) that folks can pull into their situation in the form of oversight …

        … and oversight is critical in moving a modification forward, as you’ve indicated. The more the better.

        Above that list is another. It’s 23 items people can do that can/will also help them move their modification forward.

        Virtually all of what you’ve said is true and is helpful information. The lists above are a culmination of something like three years of conversation on this site and elsewhere.

  • raquel wilson December 4, 2012, 8:42 pm

    hello

    i have 2 bank of america mortgages to which bank of america lead me astray, I would love to pursue suing or being apart of a class action
    1st mortgage – for 3 years bank of america lead my sister and i on a wild goose chase by telling and trying to qualify us for a type of loan modification we never qualified for as benefactors of a property inherited by our mother, which was behind 5 months prior to her death, from the begining.
    2nd mortgage- i have requested for my own home – modifications now – 3times – 1st time they placed a 2nd mortgage 2nd time put money on back end of loan 3rd – took 8 months to say im behind 12 months and no longer qualify.
    if you can contact me to discuss more id appreciate it

    • Don S. - Pennsylvania December 5, 2012, 10:10 am

      Raquel …

      Please scan thorough the posts on this page and Previous Pages (click on “Previous Comments” in light blue on the top or bottom of this column).

      In those posts you will see where myself and others do NOT recommend jumping right into a lawsuit, particularly if your main objective is to get a modification.

      “Suing” isn’t the only thing courts are for … AND … suing puts you into an entirely new position with the bank … as a “litigant.” Once you become a litigant (in the eyes of the bank) you are no longer “negotiating” your mortgage and become a legal enemy to fight.

      Yes, the lawsuit you imply would seek a judgement and award, but wouldn’t necessarily compel the bank to give you a modification.

      Courts can be used to compel the bank to perform their duties as mandated by law –which they are not doing– by using “tools” (called “filings”) such as a “Motion to Compel”. There are many such tools …

      … that are NOT an outright “lawsuit.”

      The legal system isn’t necessarily what we’ve been taught to believe … and suing isn’t a switch you turn on or off. It isn’t that black-and-white.

      Courts are intended to settle arguments AND can be used to force one party to a contract to behave legally … particularly when there’s specific laws in place to force them to behave a certain way … under “statutory laws” like the “UCC” or “Uniform Commercial Code.”

      All I’m really saying is think and learn before jumping into court or a lawsuit.

      Banks WANT you to jump into court since that’s where they have the most power.

      Why stand in front of their biggest guns when you only have a pea-shooter?

  • Tony Z December 5, 2012, 1:04 am

    Update: My Mom’s BoA returned her call. Apparently the figure given on the letter of intent to accelerate foreclosure included Novembers and Decembers mortgage payment and assorted late fees. My Mom payed the November mortgage but it was posted late hence the letter.

    BoA contact told her everything should be okay, just pay her December payment when it is due and include a separate check for the November late fees…Relieved, the BoA contact said she would contact my Mom the following evening and have a conference call with Payment Research to go over any late fees on the account.

    As we talked to the Payment Research rep, we learned that BoA applied Novembers payment to October. I asked why they would do that since my Mom has never missed a payment? The rep did some research and realized the May 2012 payment was “misapplied” to my Mom’s escrow account. Meanwhile late fees accumulated. This is so unreal. Most companies would collapse with this kind of book keeping yet BoA continues on sucking the life out of their “valued” customers.

    Just wondering what would have happened if my Mom would have came up with 2 months worth of mortgage payments. Where would that money have gone. How many times does BoA misapply payments, fire off a letter of intent to accelerate foreclosure and the home owner, freaking out, not doing any investigating, loses their homes under error by BoA????

  • Tony Z December 5, 2012, 1:18 am

    Don, I have seen both Green back and Zeitgeist. Very eye opening indeed. To me though capitalism is dead. Its been replaced by corporatism, if that makes any sense.

    I say capitalism is the beast system and corporations are the beast only because of what they both truly stand for. Crush the competition, maximize profits at all cost.

    Timothy 6:10 I believe goes: For the love of money is the root that is all that is evil.

    Take it for what it’s worth. The corporations, banks, Wall Street, the military industrial complex, big Pharma, the Oil industry and Big Aggie all run the show along with the wealthiest people. Anyone who fails to see this is blind.

    People rightly cry about government and cry that they want their country back. Are they ready to fight BoA, JP Morgan Chase, Wells Fargo, Goldman Sachs, BP, GE, Exxon, Chevron, Halliburton, Lockheed-Martin, General Dynamics, Raytheon, Northrup-Grumman?

    Koch industries alone have their tentacles tightly wrapped around so many things? They push their corporate policies through the Heritage Foundation and other conservative think tanks. They give money to our university’s with the agreement that students be taught course that teach to be anti government and anti regulations. Look up one of their organizations called ALEC.

    Folks, whether you are a democrat, republican, independent, conservative, liberal, progressive, tea party member, you better wake up because say what you want about President Obama but do not fall for the bs that he is a communist, a Marxist, a Socialist or a Muslim, he is a corporatist, just like all of our Presidents have been over the years.

    We have become a society ruled by plutocrats and a country controlled by a corporate oligarchy.

    • Don S. - Pennsylvania December 5, 2012, 10:24 am

      Tony …

      Great that you’ve learned all that. We need more like you.

      Sadly, most people who read this forum have little idea what either of us is talking about. It’s all “big words” they’ve never heard and have little meaning.

      For me, the best example of this is one HUGE distortion we’re all raised to believe …

      … that this is a “democracy.”

      It’s not.

      Yet we’re all taught to flaunt that word as if that’s what we’re all about.

      THIS IS NOT A DEMOCRACY.

      Sorry to shout, but we live in a “constitutional republic.”

      But that’s too complicated for most people.

      Sad.

      For anyone reading this who cares to understand …

      You do NOT want to live in a democracy. A Democracy is where 51% of the people tell the other 49% how to live.

      Do you want THAT?

      A constitutional republic is about CONSENSUS … where people come together to work out their differences and COMPROMISE with a mutually beneficial solution.

      Sorry to sound “terse” about this, but these are things that are important for people to understand.

      Just like courts are NOT simply for “suing,” we do NOT live in a “democracy.”

      That’s the simple fact of the matter … and … sorry to sound terse again … we’d damned well better start understanding these things or the people who DO understand them will end up taking everything we have.

      • Tony Z December 10, 2012, 6:42 pm

        Don,
        I always squirm when I hear a politician or political pundit proclaim “We need to spread Democracy across the globe” or “One of the reasons why we invaded Country A was so that their citizens can live in a Democracy”

        Perhaps “Democracy” is a code word for “Capitalism”. The kind of capitalism controlled by a few through monopolies or diversification. The kind where profits are privatized and losses are socialized.

        Those in control, those who control the levers, whether its the banksters, a CEO of a multinational corporation, or a Hedge Fund manager on Wall Street….they all have one thing in common. They are sociopaths, psychopaths and narcissists.

  • Don S. - Pennsylvania December 6, 2012, 10:34 am

    Folks …

    There’s several groups on Facebook that are forming and cooperating to create a national coalition of homeowners … a “union” of sorts … designed to help people nationally to defend their homes. One organizer recently expressed frustration about politicians that seem to support these insane efforts by banks and others in this “national illegal land grab.”

    This was my response —

    I’m gonna get a little tough on you for a minute, mostly because I know you can take it.

    Trust me, I’ve been “sick-and-tired” myself, and for a lot of years, but there’s a simple fact that we’ve both avoided.

    It’s really just that, a “simple fact,” and if we continue to avoid it, they’ll continue to win. They’ll continue to steal, lie, cheat and financially rape everything they touch or even reach for.

    That simple fact is that they are … literally … mentally diseased.

    They don’t think like us.

    They don’t care about the things we care about.

    They are entirely dispossessed of the moral character you and I take for granted …

    … and in most cases it’s generational.

    They were raised that way.

    They were taught from the crib that people like you and I don’t matter. The only thing that matters is their own position, their own comfort, their own power, their own wealth. An “average person” is not them and that average person is merely a resource to an end … and even that end is never ending.

    Worse than that, they’re taught to maintain a facade that makes you THINK they think you matter.

    These are the actions of con men … and women … criminals with twisted minds … grouping together, self-rationalizing, patting themselves on the back for a job-well-done …

    … financially raping and pillaging at every opportunity.

    “It’s just business.”

    They got your money, and that’s ALL that matters … not the truth … not whether anyone but them benefited … not whether they did what they said they’d do … nothing mattered but “cash flow.”

    That’s mentally ill …

    … literally.

    This is the simple fact.

    This is a war between crazy people and people who are struggling NOT to be crazy …

    … “struggling” because the crazy people are recruiting twenty-four hours a day, three-hundred-sixty-five days a year to make everyone just as crazy as they are.

    The majority of the American Public has been driven out of their minds and beaten into submission by this gaggle of nut-cases with money and power.

    “The first step to recovery is awareness.”

    First, acknowledge the undeniable fact that this nation (at the very least) is controlled, structured and dominated by the insane.

    Only from THAT basis do you have the slightest chance of changing it.

    Only by dragging this fact out into the clear, bright light of day for all to see will anything ever change.

    As long as people see this insane system as “normal,” it will continue to BE normal.

    And that’s just Step One.

    There’s another hundred after that.

    But at least it’s a realistic start.

  • Cam December 18, 2012, 9:47 am

    Okay, So here is an update to my fiasco with Bank of America,
    I told my CRM that I was going to have them investigated for fraud by the IRS for failure to post payments correctly there issuing incorrect 1098’s and for violating RESPA Escrow laws. All of a sudden, I get an email stating that payments have been posted to my account… I guess the IRS is the only entity that Bank of America has not been able to infiltrate.

    Thank you Don, for this website… best words of wisdom ever… “BE TERSE”

    Merry Christmas Everybody!

  • rick medrano December 18, 2012, 4:52 pm

    I purchased my home in 2006. The loan was set up for failure from the start. I have been dealing with mortgage modification since Sep. 2009. I have submitted my paperwork over 20 times. My home has been put up for auction several times. I have fought and fought to save my home but am at the point of giving up. Even now I receive letters asking me to call my BOA rep assigned to my loan. However I calls each day but no answer and no response. It’s the same CRAP an on going dead end cycle. I can’t take thl roller coaster and have shed enough tears. I wish I knew to take so I could file a law suit. Money isnt the objective I just don’t want some young couple starting together to end up having their dreams shattered by this terrible heartless bank!

  • KillTheBoa December 19, 2012, 11:02 pm

    My story is similar to many others. I have a Cuntrywide MERS mortgage ’07, sold to BOA. I tried around five times for modifications with BOA, which all ended with the typical no resolution run-around scheme. After yrs. of investigating this corrupt shithole mortgage cess-pool, the BOA constrictor transferred my mortgage to Nationstar, who now seems to be engaging in the same greedy schemes. I never even got a QWR mailed out to the BOA. It has been over 60 days since BOA transferred the mortgage (another new scheme they are using to cover their tracks.) Can I still send them a QWR? Can I still file a civil action in court against them? Anyways, it took me a long time (yrs.) to learn about this complex, bank-controlled, corrupt, greedy housing scheme – I have learned that I have robo-signers on my Satisfaction of Mortgage, an inflated appraisal, and a MERS Assignment of mortgage which was most likely pooled into illegal mortgage-backed securities (MBS). I’ve also recently learned a new term for my Countrywide/BOA situation, called The Hustle [ http://www.jdsupra.com/legalnews/federal-government-sues-bank-of-america-08708/ ]. I am a victim of Hustle fraud damages. In addition, I’d like to state that I will be filing complaints with the Office of Comptroller of Currency (OCC), as well as with my Attorney General’s office.

  • Robert Lookner December 30, 2012, 11:38 pm

    Tonight on the national news the talk was about forecloser reviews by fourteen big banks that are required to review “illegal” foreclosings.
    The last day for reviews is Dec. 31, 2o12 midnight. YES! TONIGHT! I knew nothing about it because the 14 mortgage servicers, supposedly sent notifying mailings Nov. 1, 2011. SURE THEY DID !! The Comptroller of the Currency is in charge. Write them to extend the deadline as they did once before. Tell, or call your senators, congresspersons, just maybe the newly elected people might help. Only ten percent of the four million affected persons have responded !! Isn’t it obvious the word was never passed on to us ?

    • Tony Z January 3, 2013, 9:38 pm

      Thanks for that information Robert. Those of us who comment here should heed Roberts advice. Inactivity gets us nowhere.

  • cynthia girard December 31, 2012, 3:04 pm

    would like to be included in the class action lawsuit conserning bank of america home modification promgram.

  • cynthia girard December 31, 2012, 3:05 pm

    would like to be included in the class action suit,against bank of americia home modification program.

    • liz guillotte January 7, 2013, 6:23 pm

      I would like to be incuded in this class action suit with bank of America. I was in this modification program for over 2 years and was given a amout to pay it was 1/2 of what my note was. Again I paid that for 2 years never told me anything about it not being the right amount. Till I got a letter telling me I was now in forcloser and I had so much time to come up with the 17, 000 dollars or I was going to be losing my home.
      The person that I was working with never finish my paper work .and was never notified ever.
      So someone please give me some info on what or who I need to contact

  • Sheila January 4, 2013, 12:09 pm

    How do I join this law suit, It’s over 3 years for mine, and they still havent done anything!!

  • Don S. - Pennsylvania January 8, 2013, 10:27 am

    Sheila … Liz … Cynthia …

    … and anyone else that “wants to be included.”

    Please try and understand a couple of things.

    I hate to be the bearer of bad news, but that’s not how either this site or our legal system works.

    For your own sakes, and for the sake of the roof over your heads, it would be an idea to pause, do a little research, and think about what you’ve asked.

    First, there is no suit simply to join. The one that started this blog/forum is ONLY for residents of Washington State, and the same law firm started another similar suit in California. But also, there is no list simply to sign up for. NO ONE on this site can sign you up.

    But that’s not the only problem with your request.

    What you likely want is your modification. You want the bank to “do its job” and stop giving you a hard time.

    The lawsuit you imply … the one you think is here to sign up for … would NOT do that, even if it existed. That’s NOT how our legal system works.

    Both myself and several other homeowners have talked about this AT LENGTH here and elsewhere. I would strongly suggest you read through this blog/forum (for a start) to find out what you’ve gotten yourself into.

    There are no quick fixes.

    There are no miracle lawsuits.

    There are no Magic Buttons.

    There are no heroes.

    The way to get your modification, or even save your home from [illegal] confiscation is to educate yourself on the situation, laws and courts.

    Learn how this works …

    … in the real world …

    … and you might have a shot at getting your modification.

    Otherwise, the banks will prey off your weakness and ignorance and take your home.

    Sorry.

    That’s simply the fact of the matter.

  • hockeymom9794 January 9, 2013, 12:48 pm

    Did apply for a modification near date of July 12, 2012. Bank America was fully aware of the CLTV is 97.72% the max CLTV is 80% in IL. I had to reapplied in September, I never got and explanation. July 12 to November 15 2012. July CLTV it had to be more!
    On the ground above I believe Bank of America did do put my modification to the underwriters. Want me to lose my home.

  • M. Marcum January 11, 2013, 9:09 pm

    We purchased a house from a realtor, in Tennessee, this was his personal home and he built this home himself and was his own contractor. We paid $700,000 for this house. The owner of the home lied on the disclosure form, saying that they were no fill dirt at all on the property. As we were living in our home we noticed our patio sliding away from the home, and our house settling alot. Our 200 ft. fence slid over the hill, the underground utilities were breaking. We discovered thru core drilling and an engineer that the house was built on 14 feet of fill dirt. When we discovered the fill dirt, we promptly suit the seller and tried to get Bank of Amercia to help with legal cost, they refused, after $80,000 in legal cost, we lost. It was a clear case of fraud but the good ol’boys, in this small county prevailed, (thanks to some home cooking) in other words “the fix was in”. The house was apprasied at not sellable, so we stopped paying. Bank of American has refused to work with us in any way, saying that there is no trap money available. After several months, they sent a property recovery team out, while we were still living in the house and they told us that we had 30 days to get out, and after 30 days everything in the house would belong to them. We hadn’t had any papers served on us, the house had not been foreclosed on, but they demanded that we get out, and even the police had to be called. Then someone was sent out, who put a note on the door that said that they were from the bank, and took pictures of our cars, license plates, and took pictures from the outside of the house, through the windows, of our home while we were in the house, watching him. Then a couple of months later, while we were gone, someone from the bank came out, cut the lock off our gate, broke into our home, while our furniture and stuff was still in our house, went through every cabinet, every closet, and changed the lock on the front door, and hung a realtor’s lock on the front door. They put a note on the door saying that they were from Bank of America. And that the house was vacant. And our furniture today is still in the house. Anyone know of a Bank of America class action law suit that we can get involved in? We got the shaft twice, on this house.

  • Kris January 14, 2013, 5:08 pm

    I began in 2009. I have a countrywide loan which is “Serviced by” Bank of America so they say. They told me I had to be behind to qualify for hardship assistance. After furloughs, pay decreases and personal loss of income and hardships that have increased each year, I have not once gotten anything in writing with facts to indicate they truly considered me, my data and addressing my questions. I was approved in 2010 or 2011 (has been so long and so much bs that I am not sure at this moment) but that written approval never came and the rep. was no longer available! All communications have been merely to waste time and to make half assed attempts to make it appear they were trying to help. Since denial this last year, 2012, I was told “It is not in the best interest of the Investors” to agree on offering a loan modification. Well, how about just the basic answers and truth behind my loan, what has transpired since my contract with countrywide and how about showing me the facts! Quit sending bs offers, mass mailings to waste time and now facing auction and foreclosure when they in fact force you into default, give you lip service and never anything in writing other than a generic mailing to by time so they can absorb your property, sell it to some investors at the true market value and never give you the same offer because you are in default of a loan that has added to a nice sum just as they intended! My contract was with countrywide. I never agreed to any terms with BofA and was never given fair consideration as to what has transpired nor been considered a party with rights in anyway. I say, they are forcing people into such positions with no “truth in lending” efforts. I say they are in breach of contracts and should eat the loss and my home not be available for any kind of sale until I get the disclosure of the facts of the original loan, the wrong doing in that loan, the chain of sales since then and the facts as to whether it is a fannymae loan, the facts of their approval that never materialized and an honest audit of the boxes of paper and attempts on my part and the amount of paper overload and misrepresentation on the part of BofA. My financial hardships worsened since that one approval and I am currently off work without pay because my dad passed this last thanksgiving after 2 years as a caregiver and my mom was given 2 to 6 months to live, this last October. Being from a good family, long time taxpayers and citizens, not investors, I take care of family, never live off the system and in my last years of life, find myself losing my home to corporate coruption and agressive takeover tactics for which the banks are still being allowed to get away with and not held accountable because they keep the pot stired so long, no one has the gutts to address the facts and rights of the homeowner, individuals unless there is profit to be made in some way. Guitner nows the truth behind BofA but all the other politicians seem to turn their heads and are to chicken to step up to the plate. I have had it with this “Keep your home California” false advertisement and do not have the energy or time to continue trying to make sense of things. Help from some group or non profit legal source is the only way I can think of for true agressive help and investigation of the facts in these boxes. Anyone interested? This is my last effort to fight this important “White collar crime” and the people need to get a means to stand a chance in fighting for “Home ownership” This is a major root stabilizing our economy, family structure and society that is truely loosing its foundation. Time is a guarantee as the banks know the people weaken and tire with these meaningless efforts and false hopes.

    Sickened Citizen and taxpayer of the United States of America
    To me, they are getting away with an intentional scam and are stealing my home, are the cause of my credit status and quilty of false representaton and intentionally delays and overwhelming propraganda in their mass mailings with the intention to defraud homeowners.

  • Nancy January 16, 2013, 7:52 am

    We were financed on our origanal loan by boa they did not file us with fanny. Mae or Freddie Mac it was filed as other now we are having a hard time refinancing our home what can we do

  • Lydher January 19, 2013, 5:18 pm

    HELP!!!
    I’m fixing to hire United States Law Center to help with my modification. Im so sick of dealing with BOA. We applied for a modification in 2009. In March 2010 we were approved. Fourteen months later June 2011 we receive a letter on forecloser. After two weeks of calling someone finally said the reason they had said we’d regected the modification because of a signature missing in one of the two contracts that we’d signed. (They would never show us this paper with missing signature) in Nov 2011 we gave up we moved into a mobile home and left our beautiful 4B2b brick home. In Feb 2012 Sylvia Walker with BOA called us and told us to move back to our home that she had been asigned as our Rep. all contacts with BOA would go thru her. They had stopped accepting our payments in Aug of 2011. Our credit was ruinned. I made the weekly calls to Sylvia to check on our loan, but we were very excited to be back home. The week of Thanksgiving we receive a letter from BOA stating that our loan was being sold to Green Tree Svc. Which I read that there reviews were just as horrible as BOA. I tried over and over to contact Sylvia Walker our rep but have lost contact. The week of christmas we receive another letter stating our loan had not been sold! Our home has a forecloser date sale for Feb 5,2013. Should I hire United states law center? Will they help, or just take my money? Please help me:'(

    • Ronny April 24, 2013, 1:38 pm

      Did you ever go with United States Law Center. I am trying to decide if that company is a scam or not.

  • Sharon Cockrell January 30, 2013, 3:35 pm

    Yeah, Bank of America has screwed us over as well, they strung us along as well waiting on them to give us a us a Loan Modification that never happened! We did everything that was asked of us and what eventually ended up happening, these SORRY SO AND SOS , have some nerve. We just received summones in the mail to appear in court.And I know how that is going to go, HIGH PRICED,HIGH POWERED ATTORNEYS FOR THEM, THEY WIN, WE BECOME HOMELESS.

  • Tony Z January 30, 2013, 7:12 pm

    Well allegedly BoA has decided to give my Mom a loan modification. They can still change their minds I guess. Went over the forms. BoA does their best to get every nickel out of the homeowner.

    Case in point. The first five years under the modification return the mortgage payment back to the amount paid during the 4 month trial period and at 2.0%. But BoA decided because the trial period began in 2011, my Mom only gets the trial period payments and 2.0% for three years instead of five years.

    They go on to say that any “over” payments made after the trial period would be applied towards the principle, yet show no proof that this has been done. As a matter of fact her principle went from owing $100,000.00 in November to $107,000.00 in January.

    We tried to get a hold of my Mom’s contact but conveniently she never returned our messages. Had to get the documents to BoA by Feb 2nd so my Mom bit the bullet and had them notarized and dropped them off at a Fed Ex drop box.

    My Mom’s logic for signing the documents after not getting any answers to some questions and after 3.5 years of hell dealing with HAMP and BoA…..she won’t be alive to worry about the extra $7,000.00 mysteriously tacked on to the mortgage…and is satisfied with the three years of lower payments that will gradually increase in 2017 and 2018. Hopefully she will find someone else to refinance her mortgage by then.

    BoA doesn’t give the home owner a lot of time to review the documents and to talk to someone who knows something and the terms of course are not negotiable in BoA’s eyes.

  • R. Cook January 31, 2013, 2:03 pm

    How do you join the class action law suit?

    • Don S. - Pennsylvania February 1, 2013, 11:33 pm

      Dear R. …

      Pardon if this is short.

      There is no lawsuit to “join.”

      If you read up the page, or on any of the previous pages, you will see several explanations about why.

      Best of luck.

      — Don

  • Becky February 5, 2013, 9:35 am

    I have the exact same horror stories! I would like to do something – anything! I am in Louisiana. If there is someone in my state I can contact, someone please let me know!

  • joe hager February 6, 2013, 12:21 am

    my story is about the same – my wife got sick had cancer – I got behind in the payments – I keep getting behind- i did a modification package and never head back from them – i keep calling them – they did not call me back- I filed chapter 13 and they would not talk to me- never sen statements – We were on 13 fr three years then i turned 63 and decided to retire – i have depression and take meds for that – i also am GID — trangender male to female – I am hoping to have gender reassignment – but once i retired – we went to chapter 7 and it was discharged in November – Bank of america sold our first loan then to nationstar banks loan is 183,000 payments are 1567 a month we are – the home is only worth 160,000 they have a second when we bought the home country wide had us talk out two loan this one is for 49,000 and its high interest – they did lose my mod papers — i sent both a qwr i did get some papers from bank of america but they did not answer any thing from my awr – they both say they well foreclose on me if I dont pay 43,000 to get caught up. we did move out – i paid 65,000 for a home i took my 401k out. I would like to fight it maybe force the loan companys to just give me the homes – then sale the home and split what i get with a lawyer – i n not pay out right

    jo hager Johager@ymail.com

    mn 763 276 5884

  • Elaine February 9, 2013, 12:37 am

    Like many others in prior comments, my mortgage was also with Countrywide, transferred to BofA. I attempted to do a modification in 2009 and was declined stating that after whatever formula the used, I can afford my mortgage. Yes, that would be possible if I don’t eat or put gas in my car to go to work. My rate is a 6.75% ARM, 40 year mortgage, therefore, so say the least, my mortgage payment is very high. I tried again in 2011, this time after sending documents several times, after 8 months of complying with their demands and it began to appear as though they’ll finally approve my modification, guess what? They sold the loan and wished me well. Disgusted and frustrated, I gave up and is very skeptical about trying the process with the new company. There needs to be a class action suit against them. Whenever there’s one, I’m on the bandwagon. They are the pits.

  • Christopher Edwards February 13, 2013, 4:19 pm

    I am going thew the same thing with loan modification. They will sale my home Feb. 18, 2013. Filled out forms for BOA and before they got them, they sold loan to Everbank. Been going to court to postpone sale date twice to get this modification done it has been a smokescreen for them to take my home. I sent eveything to BOA and Everbank numerous times, and it was always needing something else. I have been doing this since last year and now i am still losing my home! I need to face reallity, my home is gone!!!! Is their a lawsuit I can join, or anything I can do to stop other families from going threw what I am. Contact me at presleyjeds1@yahoo.com or 919-274-5170

  • Cathy February 20, 2013, 5:18 pm

    How do you sign up for the class action against Bank of America. They ignored our request for re-modification after saying we would qualify. Then 6 mths later receive notice another company will handle the matter all our documentation needs to be sent that we didn’t send it in time but we had.
    Now I find out they have added $50 mth for warranty coverage for a division of their company and we did not authorize. This has been going on since 2010.

  • Rosemary February 21, 2013, 4:45 pm

    We have been with B of A for years 24 to be exact. In 2008 when construction took a drive we began dealing with the bank in order to get a modified loan. We were upside down on the house. After 3 years of back and forth the bank , we decided to file bankruptcy at that time then the bank finally got back to us to tell us the investor that held our loan does not do modification. Now almost 4 years later trying to do a short sale and the bankruptcy is holding everything up. We will now have to wait another year until this is all cleared. Had they worked with us we would be paying our payment somehow and still have our home.
    If there is anyone out there who can help us please contact me. thank you.

  • Tina Robertson February 24, 2013, 1:41 am

    Thanks to this my parents lost there house they had since 1976. They had to refi. to help out a family members and to take care of lifes business. Little did they know. They hand to sign twice because they messed up on something. Trusting people- you know – old honest style people 65 to 75 years young today understand. Since them we’ve buried my Mother -my Father is but the shell of the man who is my poppy. I support him and my Mentally retarded cousin. I pray that you and no one ever feels this pain and pressure.

  • Nadine February 27, 2013, 1:41 pm

    Hello everyone, i thought im the only one trying to fight bank of america. Me and my husband want to sui boa and are trying to find more people in the state of texas that are willing to fight with us. So please if you have any information or you are ready to fight back contact me soonest possible. What they are doing is is ridicioules and we are about to loose our home.we been fighting with them since 2010 and it is a nightmare. but enough is enough …. email me with anything that i might have to know to go forward with the lawsuit nblair35.nb@gmail.com

  • alan broder March 1, 2013, 7:00 pm

    We tried to get a modification for a while from Bank of America because we are struggling to pay our high interest mortgage. They said they would send out a packet to us that we requested but they didn’t. We were caught up with our mortgage at the time. We spoke to a counselor that someone requested we speak to and the counselor said that we need to be at least two months behind on the mortgage before the bank would even consider sending out a packet for a loan modification. We did get two months back on the mortgage and then the bank sent us the packet for the home modification. On November 6,2012, I was assigned a customer relationship manager from the bank but when I tried to contact her, she wouldn’t take my calls. She got in touch with me twice in over a month. Every time I tried to call, she wasn’t in. I emailed her a letter and mentioned to her that if she was too busy for me, could she get me a different customer relationship manager. I was finally issued a different manager who is very prompt in getting back to me. On February 28, 2013, I got a letter from my customer relationship manager saying that my loan modification was declined and that I should see a realtor and sell my house. They want me to sell my house (short sale) before they even start any foreclosure proceedings. I told them that I didn’t want to sell my house before I started the modification process. The customer relationship manager said that being that I just started my third month today being late with the mortgage, they would review my file that I filled out in the packet. She just about told me that they didn’t even look at my file and they would review it now that I was starting the 3rd month late on the mortgage. She said it would take about thirty days or so to do it. If I wait 30 days, I will be going into my 4th month late on this mortgage and I know that they can start foreclosure then. I think they want my property to put a bank on it.

  • robert March 5, 2013, 7:00 pm

    To who it may concern,
    I Robert Amor Heider am writing this letter pleading for financial help with our home. I have been trying to rectify this situation since that first phone call to Bank of America asking if there was something they could do to help me with my mortgage. I explained to them that the mother of my two little boy’s Chase and Dylan and my business partner had left our home and our lives for me to be a single father with a business that was upside down and destroyed and a whole lot of debt. She also left us with a mortgage that was simply unaffordable with my income at the time. I explained that I didn’t want to lose our home and just needed to know what they could do to help us. They told me that the first step in saving our home was to not make a payment for 60 day’s and then they would be able to help but they wouldn’t take any steps to talk to me about this matter until the 60 day’s were up. Listening to them in such a desperate time of need was the number one worse thing I could ever have done. I didn’t know what to do so I went to seek legal counsel at the Law office of Jeffery Rosenberg. Upon doing so I was falsely represented. I was told after 6 months of hiring Mr. Rosenberg that I would be placed in a better financial position and not to worry that this would be all fixed to a payment that I can afford.
    I was then called four months after that and verbally told by Mr. Rosenberg’s office to send a payment for $1,270.00 dollars. I asked for something in writing from them or the bank because I did not believe this offer was true so I continued to wait to receive a paper with this offer. Thirty days past and I still received no letter. I started to question this agreement. After not receiving call BOA only to have them tell me that they do not send any papers like that but the offer was for real and because the payment was not made they retracted their offer. I explained everything to them and told them to send me anything with such a offer of acceptance and I would write them the check. I was told it was to late. I then called Mr. Rosenberg’s office and found out that if I needed them to assist with anything else I would have to rehire them. So I told them that it would be unfair to pay them a full $1,500.00 and made a deal for $750.00. When I didn’t have any of my calls returned from this office I asked to speak with Mr. Rosenberg him self. He told me that he was aware of this matter but did not know anything about me rehiring his office the second time and demanded that if he was going to work on saving our home that I would have to make a full payment to him personally. I didn’t receive any further help from this office and was never to see my $750.00 again.
    I didn’t think there was ever going to be any hope knowing of what just happen to us and the bank still telling me that they were going to foreclose on our home. I began telling people my story and asked if anyone knew of a lawyer that was professional and that could help us with saving our home. I was sent to this big building in Deerfield Beach where I was to talk to The Law Office Of William O’Toole. I sat in a big conference room with my mother , a man who at the time told us he was William O’Toole, Tracey Long (a lawyer on O’Toole’s staff) and another staff member. They seemed very professional any the office made everything look even more amazing. I once again told our story and while my mother started crying we were told by this man who said his name was William O’Toole that he was very sorry about everything that my family has gone through and if I retained The Law Office of William O’Toole that this would all get better and there was nothing to be worried about. He explained to us that this is something that he has been helping families with for many years. I felt like I won the lottery, like life was just going to get better after that meeting. After retainment I was noticing that they wanted me to have no communication with BOA and that I was never getting a straight answer. My emails and phone conversations always reassured me that this was just something that takes time and not to be worried that my file was in the right hands with that office and BOA.Then it started, I was being asked to summit the same paper work and doc’s that I have already gave to them several times. I took notice that different staff members were handling my file.Then the court date came. I was shocked because I thought because my house was being modified that the bank wouldn’t try to foreclose on our home. I told the lawyer from Marshall Watson’s Office about my modification and was able to get them to stop the foreclosure sale for 90 days. I proceeded to stay on top of The O’Toole with a series of emails(witch I have saved), phone calls, and even visits to the office. After time was passing and no good news was coming my way,I came home from work one night and seen Carmen Farrel from channel 7 new was doing a investigation report on a mortgage meditation fraud that was being led by a guy named Mr. William O’Toole and summit law group. Thats when I realized that the Mr. O’Toole that we met with was not the same guy but a impostor and that he was disbarred throughout the whole country and Florida had him on a suspension until Florida disbarred him. We were shocked. It all made sense why we weren’t notified about the final summery judgement. How can they tell us when they having been sending BOA papers on my behalf for over 6 months and using a fraud lawyer and The Law Office Of William O’Toole that had his bar license taking from him in the whole country. They set us up for failure. All this time we were living off of the hope for help and we were being defrauded the whole time. I went straight to Mr. O’Toole’s office and demanded to speak to the real O’Toole. They told me that he was not able to speak with me so I advised them that I was going to contact Pam Bondi(the attorney general of Florida) about this and that I wanted my whole file back from them. After receiving my file I contacted the bank and found out that BOA had set a court date to motion for a final summary judgement against me. I was shocked. I never got a Fair chance to defend my self against this and now it was granted with a auction sell date. I hired a lawyer by the name of Dave Strauss to help me stop this sale. At the court date I explained to the Lawyer from Marshall Watson’s office about what happened and the fact that I had a family with two little boys 5 and 7 and a new born daughter with my wife. I also told him that I was working with the bank directly to try to save our home. He granted me a exention for 90 days. I over and over called the bank pleading with them to make me a deal, I sent them all the documents that they requested and still it was just as before. My file would get transferred to another desk and I would have to resend it all over and over.I explain to them that I was a husband, a father of three and one as a new born. I told them that I have a good stable job that I have continued to grow with to part of management with The Home Depot plus my wife has had the same job for over ten years. I also told them that i was even willing to give the bank a fairly large amount of money for the good faith of a new loan and yet they told me that there was nothing that they can do. They told me plain out that on Oct 2,2012 they were going to auction off my house and that we should start looking for a place to live. I had no choice at this point but to claim bankruptcy to stop the sale and give me more time to find help. I am a great father of all three of my children, a wonderful husband, and most of all a very hard working man that with such a great company that this will be my life career and I will continue to grow with Home Depot.My wife and I can get letter of reconditions from our superiors that will explain our hard work and dedication. Please, I have a 5 year old name Dylan, a 7 year named Chase, a daughter named Sophia and the best supportive wife in the whole world. I am back on my feet and bye taking our home would not only alter my children’s life including school but also set my family back to a even more of a rough begging. I’m asking you please help us save our home. I have a nine inch folder of all of these communication between me and all others involved to prove that I am not lying.

    Thank You,
    Robert Heider and Family

  • marge March 6, 2013, 2:34 am

    trying to modify for the last five month . have got not one answer from them now they are telling me there going to foruclose if i dont pay the to month back that i own

  • michael March 6, 2013, 8:44 am

    if you are having problems with Bank of America find out who owned your mortgage, like Freddie Mac. and contact them. after i contacted Freddie Mac my notes drop from $1176 to $618 this amount inc. my insurance. Freddie Mac came to my rescue. they told me to tell people to contact them if they own your loan. hope this helps.

  • Paula Cox March 6, 2013, 9:04 am

    Robert Heider
    The best advise I can give you is to contact the Attorney General in your state. I did this and starting telling them my story and they immediately wanted it in writing with everything BOA had said and done.

    BOA is under a Consen Judgment agreement with the United States that they will do certain things to help homeowners. Go to
    http://myfloridalegal.com/pages.nsf/Main/94816CAD8E86B0778525799F00595D98 (copy and paste into your browser address) scroll down and on the left hand side look at the “Bank of America Consent Judgment”. If you keep scrolling you will come to signature pages for your state and it will have the Attorney General’s name, address and phone number.

  • Don S. - Pennsylvania March 7, 2013, 11:56 am

    To All Recent Posters …

    I would strongly suggest you read through this page (and previous pages) for information on how to fight this thing.

    Approximately a third of the way down on this page is a 23 point list of things you can do to help defend your home.

    A cautionary note —

    Neither this site or anyone on it has a lawsuit you can simply sign up for that will help save your home. Most importantly, a lawsuit will likely not get you what you want … and usually most people are simply looking for a modification.

    If you “sue” the bank, you immediately become an “adversary” to the bank. They will cease negotiating your modification and treat you as an “enemy” in court … and it’s court where the bank has the most power.

    If all you’re looking for is your modification, you’ll need to understand that fighting for it takes place OUTSIDE a courtroom … UNLESS you are using a “filing” with a court. A “filing” is NOT a lawsuit, but filings (such as a “Motion to Compel”) can be used to force the bank to stop doing something or force them to do something they should be doing.

    For your own sake, please come to understand the difference.

    Your ignorance of the law and how courts (and politics) work are how the banks are confiscating homes.

    Saving your home is going to … unavoidably … involve YOU educating YOURSELF on how these things work.

    Sorry … that’s just the way it is.

    • robert March 9, 2013, 10:54 am

      Don,
      I completely agree with you 100%. I think that we as home owners have just been through so much with all of these situations that all of these stories and people that we know personally have just one thing in common and that is to save their home. I don’t put 100% of the blame on the banks because if you do enough research and you go really far back, you will see this was put in place bye a much higher power. The reason why the banks get hit first with the blame is because they are solely the point of contact from the bank that gave us the loan to the bank that misleads you and takes your home. This all is really sad and I hope that all of this will soon come to some what of better situation for myself and all of these families around the country. I just recently went to court on Feb. 21,2013 and bye the grace of god got a chance to tell my side of the story to the judge. Believe me when I say grace of god I mean someone was looking over me because I sat and watch case by case worked in less then 2-3 mins each. My luck came when all of the cases were finished and I was still sitting there with this 9 inch folder of all the efforts that I have put into this case plus all of the poor non legit reasons why BOA couldn’t help me. I also have the original paper work between all of the BOA associates communications with The lawyers office that was working illegally under no bar license after William O’Toole was disbarred throughout the whole nation. I got not only a good solid 10 mins to talk to the judge about how uncorpative BOA was with my case but the fact of me being defrauded and not getting a fair chance to defend my rights . He then told they lawyer for BOA that he wanted them to put me in contact with a real person with a real area code phone number and not some 1-800 number so that I can hopefully have a chance for them to work my case. Since then I have summited over 60 pgs of required doc’s and some extra to not only BOA but BOA lawyer’s office (The Law office of Marshall Watson) here in Broward County, Fl. Hopefully now I will get my chance to show them that I am a home owner that should be able to have his home saved due to the relief that our government put in place for families like mine. So far we had a conference call on 3/8/13 with all parties and hopefully more positive things will come. I wish everyone the best of luck and can only ask that if you really want to save your home please make sure you save all names and dates of everyone that is involved and continue to reach out for help. In most case’s we are all the victims so don’t play the role of the enemy but simple the role of a honest person that should get the help that we were promised. Let’s see what happens from here. Please wish me the best of luck as do all you and your families.

      The Heider Family

  • shaun March 9, 2013, 12:27 am

    its amazeing to me to read all these storys that have sooo much in common,i to have been at it with BOA for so long its sickening!,lost paper work no returned calls,and then the process gets timed out,im currently in the process again because of the class action suite and honestly if this doesnt work i dont think im gonna do it again!just to tired…..good luck to all oh you!

  • Joseph W Wilkes March 9, 2013, 9:22 pm

    I did the same exact thing as all you guy’s. I sent w2’s, bank statements,check stubs, unemploments stubs. everything they ask for. they kelp me strung along for one whole year. I used all my savings, took on a boarder, beged family and friends to help me keep the morgage up to date. After the one year mark their answer was that I showed no sign’s of hardship because I had not missed any payments. So for they could not help me. I was forced to file Bankruptsey and lost everything I loved and tried to keep. Now after two years the house is still sitting their rotting away when I could still be living there and paying what I could to keep it. I think the gov. made a bad mistake when they gave all that money to crooked banks and did not follow up on the outcome of the people it was meant for. I hate Bank of America and never will use them ever again. Joseph W. Wilkes

  • Tony March 11, 2013, 4:25 pm

    To Bank Of Anti America. Phuck you! May you all burn in hell. If there ever is a revolution in this country your CEO will be one of the first in line for the guillotine along with the heads of the other to big too fail banks. Not even your millions of dollars will save you evil phucks from the angry masses!

  • Richard March 15, 2013, 5:46 pm

    I am interested in joining a class action law suit against Bank of America.
    I also have been going back and forth for the last three years on the modification and now the home has gone into foreclosure.
    I have proof of payment that was made to Countrywide right when Bank of America took over and was never credited to my payment and yet they wanted me to sign a modifiation that they were wrong.
    I never turn down the modifcation but at the same time i was not about to sign an amount more than what I owed.
    It took Bank of America 3 years to address my concern, but now I am 36 months behind when this might of not happen if someone would of taken the time to check.
    On the letter that was sent from the CEO/President department addressing the concern, they metion that Bank America had tried numberous time to contact me and that I never forward the information requested in a timely manner which is not true.
    I’ve kept a converastion log with their extension or badge number of every person I spoke to and how they moved me from one department to another without ever giving me an answer.
    I am willing to share the converation log, faxes, and fedEx showing that the I perform in a timely manner on all their requests.
    If anyone out there those of a law suit agaisnt them I would appreciate if you would forward the infromation to me.

  • Brian Levine March 26, 2013, 9:52 am

    Back in 2008 we applied for a loan modification. We were sent instructions from BoA that the modification could take up to five months, and that for 5 months we were to pay a modified amount to them and then we would get a decision. After 5 months we were told that we were approved for a modification and they did indeed lower our interest rate.

    A couple of years later I checked my credit file only to find that BoA reported us delinquent for the 5 months during the approval process. I contacted them about this and they refused to update our credit file. This of course severely affected my credit score.

    After a lot of research I have confirmed what actually happened: because we were not upside down or delinquent on our mortgage, we did not qualify for a modification. So without telling us, BoA decided to turn our current loan into a delinquent loan by putting our payments into an escrow account and reporting that we were delinquent for 5 consecutive months.

    My question is: how is this even legal? How can they do this without clarifying what they were doing and how is this not defrauding the US government and taxpayers? Yes we got the modification, but at the expense of our credit rating. And apparently, I have no recourse. After complaining to BoA numerous times, they sold my loan to Seterus, which is pretty much the bottom of the barrel loan servicer.

  • Bobbye Evans March 30, 2013, 7:44 pm

    I am 83 years old and would like to know why BofA will not give me a loan modification on my home as it is upside down. I have owned my home since Oct 1994 when it was first built. They entered me into an ARM, prior to me having a stroke, and I have not been able to get from under it. I have been trying to handle this to the best of my ability since Oct 2012. As of April 1, 2013, BofA have sold my mortgage to another loan servicing company called Bayview. I would very like to be entered into this class action lawsuit as I feel that this is unjust according to our President Barack Obama. Thank You.

    • Don S. - Pennsylvania April 2, 2013, 9:11 am

      Mr. Evans …

      Two things about your question and request —

      First, BofA and all the other large banks aren’t giving loan modifications due to the fact that they will lose money doing so. They will MAKE money if they take your home.

      They have been using the loan modification programs to confiscate homes illegally … and if not strictly illegally, immorally … in order to profit.

      Banks are not in the business of providing people like you and me with housing, despite what any of us think (or thought). They are in the profit business.

      Modification programs have been nothing more to the banks than a “hook” to funnel people with the slightest hiccup in their finances to be shamed, humiliated, exasperated, exhausted, driven mad, ground-down, beaten and forced from their homes in order for them to realize this profit.

      That is why.

      Second …

      There is no class action suit that you simply sign up for that will help get what you want.

      That’s not how the law works.

      Class action lawsuits merely ask a court to choose the wrong-doers in a contract and award the “right-doers” in that contract compensation for those wrongs. All a suit of any kind does is settle an argument and award damages.

      It’s clear that’s not what you want.

      You want your modification … AND you want the bank to behave in the way you expected.

      To do that, there are MANY other things you should be doing besides “suing.”

      Higher on this page are 25 items you can/may/should be doing to help get what you want. The list was compiled from discussions of many people on this board/forum (such as myself) that have been put through a wringer … a crucible … and have learned how this system actually works.

      In addition to those things, you may want to submit a filing (also called a “petition”) to a court to ask the court to make the bank do something they’re not doing or stop them from something they shouldn’t be doing. These “filings” are not suits, but a request to the court to take action, such as a “Motion to Compel.”

      Unfortunately, what you do not know about the law, contracts and courts is being used against you. Everyone involved profits from your loss and they are more than happy to do so. They couldn’t possibly care less how much you suffer, where you live, whether you end up in the street or even if you die during this process.

      It doesn’t matter how long you’ve lived in your home, what it took to buy and maintain, how much you love it, what fond memories you have in it or even whether it’s right or wrong for them to steal it from you.

      They want profit from it. That’s all that matters to them.

      They know how contract law and the courts work … and some would say even the courts are complicit … partners … in seeing to it that banks profit from your home.

      YOU must learn how this war is fought — despite your age or physical or mental health — despite your stroke. And yes, it IS a war … waged with dollars and legal-speak rather than bullets and guns to kill your hard-earned right to have a roof over your head … to profit from your misery.

      These are the unfortunate facts.

      Best of luck.

  • maria April 1, 2013, 10:25 pm

    I to Have the same compliants applied, lost pap0ers , re-sent papers. in the mean time I had been set up with the trial payment , So I paid my payments on time inspite of being off work with 2 consequtive surgeries, I was struggling, but making it . Bank of America went well over the 3 month trial period but I was told to continue to pay the trial payment set amount until the process was complete. After numerous lost papers , I contacted them and asked if I could just apply for a refinance . I was informed that I could not, because I was delinquent on the loan. I had never missed a payment , their response was that because I had been paying the trail period amount, that made me delinquent. I was livid . I then paid up the difference , afraid that their next step would be to start up forclosure preceding. I spoke to numerous people to complain and was subsequently offered a back up aggrement which lowered my interest rate about 1/4 percent and my so called delinquent payments would not affect my credit rating which was my biggest concern, So I accepted , to save my credit. My loan was sold out to Ocwen Loan Service since then.

  • vanessa lewis April 8, 2013, 5:13 pm

    My husband and I have BofA and are truly tired of there BS on a mortgage modification that we have been dealing with for a year and a half. There story is never the same NO one knows whats going on we havent even been accepted, but they want thousands of dollars from us because our money is all over the place there. We just want to be done with them and refinance. I have a couple of co-workers that are going through the same BS, and we have found numerous people complaing on different sites. I think BofA should be punished somehow for screwing with peoples lives. If anyone has any information on what we should do please e-mail me at vanessajpcl72@yahoo.com. Thank You

  • Mark Tuller April 12, 2013, 3:47 pm

    BoA gave me hope of either a reduction of the balance, a reduction of the interest rate or both. Any of these possibilities would probably enable us to keep our home. After sending in many documents and waiting patiently for many weeks (months), they came back with a new mortgage offer that maintained the interest rate, increased the balance and increased the monthly payment over 135% of what it was. Is this the HAMP in action? Their offer did not help us.

  • Chris Leonard April 15, 2013, 10:07 pm

    BofA refused to negotiate with me when I had enough money to pay my loan current. They also tried to evict a tenant in a duplex I lived in even before they owned the property. The finally filed a foreclosure sale notice before responding to my application for a modification. Afraid I would be put out on the street, the foreclosure was delayed on the last day after I moved out. They drove me crazy asking for new loan packages sent to new fax numbers. I lost my future as I am now 65 years old and lost my investment and income from the duplex.

  • Lisa Hitchcock April 16, 2013, 9:04 pm

    I am mortified after reading all the problems BOA has caused for all the people trying to save there homes, including myself . This has been the most stressful thing i have gone threw, it took me almost 3 years to be approved for the modication ,this is after 2 of the so called managers dropped the ball .I went through the trial and I recieved a conformation letter stating i was modified, not long after i recieved the conformation letter, i got a forclosure notice, i called and ask what it was all about , after leaving multiple messages for my so called manager,who i never was able to speak too, i was told there was nothing to worry about my loan was okay . recently i recieved a letter from my manager that stated Due to a recent change in my home loan assistance request that i no longer would be assigned to a dedicated , single point of contact, once again i recieved another foreclosure notice , so i called again and and got the run around . I know two other people who are going through the same thing . i have consulted my attorney and he stated this is extortion, and a criminal practice! BOA mislead all of us to believe they were going to help us and do the right thing and instead we now have to worry about losing are homes and there charging us thousands of dollars .I will never use BOA ever again , and i will tell others what they are doing to us and i will contact the news media as well!! Please share your story with me …… hitchcocklisa1@gmail.com

  • Sam Houston April 28, 2013, 12:39 pm

    What ever litigation path you choose DO NOT TRUST A SINGLE JUDGE try it to a jury. The judges, federal state are divided on this simple clearly established common law practice going back decades. But what about those so called “allonges?” These so called $6.00 rubber stamps with unknown signatures and no date cannot transfer dog s*** A REAL transfer document required by most states contains a clause of what is being transferred ALL RIGHTS TITLE AND INTEREST. Any transfer is illegal anyway because the mortgage collateralized a Mortgage Backed Security and cannot be two places at the same time. If MERS hasn’t paid the county filing fees for each transfer you have a breached contract.

  • jacy April 30, 2013, 6:01 pm

    Is it too late to join the class action suit? I am trying to find an official website for homeowners. B of A purchased my loan from Countrywide and went to foreclosure on me. It took me 4 years to get myself out but did not receive ANY funds or help from B of A even though applied to modifications 19 times. Help! I want them to pay for what they did to all of us.

  • Heidi May 4, 2013, 10:42 pm

    I have been fighting BOA for 3 years. After numerous attempts to modify my mortgage. Lower interest rate and lower payments. Isnt that why Obama gave them money? to help us out? Obtained an attorney. Had to fight. Ours was rate Star Mortgage in 2000. Then it was countrywide Then Mers transfer. Found it on the Mers sight. Then it went to Bank of America. They offered us a 250.00 a month increase in our payent. No reduction on rate or payment. Fair? Now Bank of America sold our mortgage to a company of investors who want to buy our houses for pennies on the dollar and rent them out. Uggh. Hoping for Class Action suit. This is Fleecing of America by Corporate Entities!

  • charles roach May 7, 2013, 8:33 pm

    We have been trying since November 2012 for a modification with Bank of America. I was laid off and our income has dropped greatly. However we were told by Bank of America that since we are not behind in our payments and not close to losing our home, we don’t qualify for a modification. My question is…..is that true. You must be late on your payments and close to losing your home before you can seek a modification. Why did the Bank of America except all that money from the government to help people with modifications and they won’t follow through. I wish someone would write me on how to join the class action suit…

    • Patty J June 1, 2013, 7:50 am

      I am trying to find out how to join the class action lawsuit against BOA. They also turned me down for a loan modification in March, 2012. I did not hear from them until Dec, 2012 when I received a letter that they had sold my mortgage loan. Forclosure has started. I will be moving soon and filing for banqruptcy too. I can’t seem to find website to join class action suit. Help??

  • Jackie May 8, 2013, 11:46 am

    Can someone please help me move in the right direction?!? We bought our home in 07…fell into trouble in 09. And Bank of America had been screwing us over since then! They have scheduled numerous sheriff sales, we have been denied over and over and over again for modifications. First, we were denied bc we didn’t make enough money, then we were denied bc we made too much! The most recent incident we were sent the modification packet and sent it back the next day…this was in the beginning of April. We were just contacted yesterday saying that they never received it. Which is a lie bc we were scheduled for a sheriff sale the day before and it just miraculously got cancelled. I’m so stressed over this, we just want help! How do I get in on this lawsuit?! Someone please help, I have sent many complaints to the department of justice also…thank you!

    • Paula Cox May 9, 2013, 7:32 am

      The Attorney General in your state can help. Please contact them if you are having trouble with Bank of America. Do not give up. One day, and hopefully soon, someone is going to hold BofA accountable for their actions.

  • Paula Cox May 9, 2013, 7:31 am

    The Attorney General in your state can help. Please contact them if you are having trouble with Bank of America. Do not give up. One day, and hopefully soon, someone is going to hold BofA accountable for their actions.

  • Don S. - Pennsylvania May 9, 2013, 9:26 am

    Heidi, Charles, Jackie, Paula and all new posters …

    About a third of the way down on this page is a list of 25 items/tasks you might use to help save your home or get the action you want.

    For those of you who are looking for a class action lawsuit to do that, keep in mind that something like that may NOT get you what you want. I encourage you to read through this blog (and other places discussing it).

    Not knowing how the legal system works is how we got into this mess. Knowledge is your best weapon.

  • Jodie K. May 9, 2013, 9:17 pm

    Has anyone had any luck with either the NACA or the New Government Hope Program? We are in our 4th year and second go around with BOA. Like most everyone previously, we were doing fine until BOA decided it was time to start denying payments and giving us the run around on the phone. If anyone has worked with either of these with luck or has any advise on who to contact- please send me an e-mail at jaschtgen@yahoo.com .
    Thank You

  • CARL MOTT May 21, 2013, 12:27 pm

    I’m looking for an attorney to file suit against Bank Of America.
    Last month my payments went up $180.00 per month and I contacted Bank of America and was told that my insurance rates went up and I informed the agent that I would get another agent and get my rates at last years rate, and was told if I did my payments would go back to last years rates. Well I went to Alstate Insurance and have my rates below last years rates. well this is all fine and dandy but I just checked and found my rates are still $180.00 month higher. And Bank Of America is still using the same agents I had last year so my rates remain higher.
    I did contact my old agent and informed them that I wanted all my insurance cancelled and they agreed.
    Now what do I do.

  • Kenneth B. Rogers, Jr. May 21, 2013, 3:28 pm

    I have not been invited to any class action lawsuits, but I’m so fed up with BofA, I’d like to start or join one. After over 30 years with the bank, it seems I’m in a “tainted” group because of my “Countrywide/BofA” Mortgage and Heloc accounts. All I’m trying to do is the frugal thing, get better rates with both while they exist. New Mortgage Specialists from BofA can’t seem to solve their computer problems after over 3 weeks. Yet bank continues to call when I’m late by a day for our business loan( which by the way they want to refinance at over 8%). I said no, so they charge me another$500 to remain as their “important and preferred” customer. On the one hand they invite you to spend more credited money and on the other they subtlely don’t seem to want me. Any suggestions out there? I’m ready to drop by the local BofA and ask who do I give the keys to?, and ask which Chapter of Insolvency they would prefer to be filed under?

  • jay May 24, 2013, 3:27 pm

    after close to three years of back and forth with BofA with phone contacts resending papper work over and over at least six to eight times and talking with at least fifty different “loan specialists” I recieved in the mail my home was to go to auction my BofA contact at that time would not return my calls and the “exta help said i had to reaplly”
    I then find out my home never went to auctin BUT was bought by Fanny Mae End of My Story I was told to move out after thirty two years in my home Jay

  • Holly Evenson May 27, 2013, 5:04 pm

    I, too, have spent the last three years trying to save my home. I actually supposedly had a loan modification but after never seeing it reflected in my statements, I started calling and first received lies such as “we never received the paperwork”, “the paperwork wasn’t sent in on time”, etc etc even though I had called & had been told that all was ok, just make the payments. When a payment was actually mailed back to me with a note that said it was not the original payment amount so they couldn’t accept it, I quit making payments for the first time until it could be sorted out. This started three years of hell similar to stories I read here where no one seems to know anything, paperwork I sent is non-existent, and being told they just need me to send one more piece of info and then I don’t hear anything. I start calling again and no one knows anything about anything and the same process starts over. I feel it is a total planned state of confusion to keep me hoping so I won’t file a lawsuit. I had a person come out to the house from BofA who said they are going to work with me (this was probably a year ago) and then started asking me to tell him of any repairs or problems with the house. Now I know he was scoping the house out to see if it was worth STEALING. I can go on and on and on with this horrible situation. The most recent is again, that I have an “advocate”, they are going to work with me (what a joke) as I have been through this at least 8 times. I sent him all the paperwork AGAIN that he requested, he called me last week & asked for AGAIN one last piece of info which I will tomorrow and I bet you anything I won’t hear from him again. I feel like such a fool for letting this go on so long, but frankly, didn’t have the money to pursue legal action. I just filed bankruptcy in January so I can have the money to do this. I am totally in on a class action lawsuit. This is unbelievable that they are not helping homeowners and are screwing with people’s lives. I have not seen able to put money maintaining, let alone improving, my home for THREE years. Consequently, it has drastically gone down in value, let alone living in this horrible, horrible state of unknowing. They purposefully are wearing people down. WE MUST DO SOMETHING!!!!!

  • virginia conkrite May 30, 2013, 1:19 pm

    I want to join you all in the class action suit, I have been try to get help for a year, they pass me from on person to another and no help came.
    I have all the paper work they I share with them.

    Please help
    Virginia Conkrite
    conkrite@bellsouth.net

  • gsamhouston June 1, 2013, 9:22 am

    TRO, Quiet Slandered Title, Civil Rights RICO (State Court)
    Chapter 13, Adversary Proceeding USDC Appeal 5th Cir 4 Appeals (Fed)
    69 Pleadings USDC Approx exp to BOA lawyers $100,000.00 Home value $260K (My experiences to date and still counting) The problem is not the Bank of America as they should have been shuttered like IndyMac Bank. The Court’s have been compromised by the Fed coddling a criminal bank surpassing the vilest deeds of the Casa Nostra.

  • gsamhouston June 1, 2013, 9:55 am

    On January 29, 2013 DK Consultants, David Kreiger, was commissioned by the Williamson County TEXAS Property Clerk (Nancy Rister) to audit the public property records and found most title and transfer fees unpaid. Legally, this would void a perfectly legal mortgage contract. When I told Judge Mickey Pennington about this April 22, 2013 in open court he waived it aside and granted summary judgment to the bank. Then there are the similar actions of USDC Judges Yeakel and 5th Cir Chief Judge Carl Stewart interferring and dismissing these foreclosure cases using no law just “cause I said so!”

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