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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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  • gsamhouston June 1, 2013, 10:03 am

    I’d like to just caution folks that the Court’s will accept a “book of evidence” or a law professor’s expert missive on the UCC as the Bank (BOA) intends to carve out their own exception. The Fed hopes the bank will beef up its balance sheet on the backs of unwary homeowners 800,000 illegal foreclosures to date. The bank in turn will reduce its own debt exposure to 3% (3cents on the dollar). So when you receive your check for $500. and they have taken a $300,000 home w/max expenses of $60,000 the bank reaps a windfall. $500. isn’t even pocket change to this bank

    • Shirley West July 8, 2013, 4:36 pm

      I went into foreclosure because BofA would not modify my loan, and told me I did not qualify. I took a $60,000 loss selling my home, that I lived in over 20 years and only owed about $47,000 on. I cannot seem to contact the right person to add this to the class action suit. Do you know who counsel is? Do you know anyone to contact at all?

      • gloria sheldon July 31, 2013, 5:39 pm

        Dear Ms. West: I’m just about in the same fix you are in. Turned down for modification X2 and re-sended a refinance from March 25, 2013; all with low down Bank of America. I had loss of income, due to home invasion, shot twice, unable to go back to work and inability to rent garage apt. after property became infamous. My re-fi was March 2013 & first payment due May 2013 so paid off some credit card bills and couldn’t come with arrearage. By the time I found out the loan was cancelled, and nobody knew why, I WAS IN ARREARS 3 months.
        Same reflected on credit report so no other mortgage company would touch me. Had perfect credit until March 2013. Now Bank of America is threatening me with foreclosure and/or short sale, I, TOO, will loose everything. I did make a payment in April 2013. Tried to make another payment in May and they wouldn’t take my money! This is an absolute nightmare isn’t it? I’ve lost 13 lbs. worrying. Can’t eat or sleep. If you don’t mind me asking, how long did it take them to foreclose? Hope you had time to sit back and save some money while the foreclosure went down. I’m considering bankruptcy but not sure. Did you ever get any help? Maybe attorney handling class action against Bank of America? I am so sorry for your loss. Sounds like you lost your life savings, too. Since your story is a recent post hoped you could help me.

        Sincerely,
        Gloria Sheldon

      • CHANDLER August 14, 2013, 9:22 am

        DOES ANYONE HAVE THE INFO ON HOW TO ADD SELF TO THE CLASS ACTION ,I HAVE ALL THE PROOF IN THEIR LETTERS, MY PAYMENT WENT FROM 240.11 TO 950.00 ON A 32K LOAN

    • CHANDLER August 14, 2013, 9:20 am

      HEY DID ANY ONE EVER GIVE YOU THE INFO.I WENT FROM OWEING THEM 32K THEM MAKING INSUR FOR 130K WENT FROM 9HUNDRED A YEAR TO 33 HUNDEAD A YEAR PAYMENT FROM 240.11 TO 950.00 I STOP MAKING PAYMENTS AND THEY SOLD THE LOAN SAYING I OWE 51K

  • LEE June 3, 2013, 2:30 pm

    We have been fighting for a loan modification for 3 1/2 years……we
    received our permanent paperwork via Fed-Ex today with a signed
    congratulations letter and notorized permanent loan copies from
    B of A. It is official and the fight is over. My suggestion to all of
    you….is to keep fighting and do not give up!!!! Keep the Faith!!
    Loan modifications really do happen!!!!

    • Geri June 14, 2013, 4:21 pm

      Thanks, you sure inspired me!!! Its been 1 1/2 years for me so far so now Iknow I can’t give up.

    • Dan Miller June 16, 2013, 7:33 pm

      My wife and I had our original mortgage loan with Countrywide in 1999. Everything was going ok until Bank of America took over Countrywide and assumed our loan in 2009. They changed the whole structure of the loan raised our monthly payments. So we contacted B of A’s “Making Homes Affordable Plan” all they did was make us jump through their hoops for months and months. We had to file bankruptcy to stop the foreclosure process. So we decided to Short Sell our home, But BOA would not cooperate with this either.

      • DB September 17, 2013, 2:28 pm

        what did you mean that they wouldn’t cooperate with bankruptcy or short sale;both?

    • Blaine June 17, 2013, 9:01 pm

      Lee, were you forced to agree to a three month trail period before receiving your modification?

    • laureen June 22, 2013, 4:51 am

      I went into foreclosure while I was trying to short sale and that was after I was denied modification

    • Sharon June 25, 2013, 3:30 pm

      Dear Believer,

      LET ME TELL YOU THIS VERY IMPORTANT INFORMATION!

      IF YOU HAVE (NOT PAID, OR THEY HAVE REFUSS TO TAKE YOUR PAYMENTS, AND IT HAD BEEN (3 OR 4 YEARS), AND THEY HAVE REFUSED YOUR PAYMENTS…..STOP NOW! DO NOT PAY THEM ANOTHER DIME! THERE IS A “STATUE OF LIMITATION” ON THE AMOUNT OF TIME THEY HAVE TO FORECLOSE. BUT WHAT EVER YOU DO, DO NOT TELL THEM THS. THEY ARE HOPING YOU DONT KNOW THIS. THE (STATUE OF LIMITATIONS) FOR EACH STATE, THE AMOUNT OF YEARS (ARE DIFFERENT IN EACH STATE), SC IS “THREE TO FOUR YEARS”AND BOA HAS NOT REFINANCED “ONLY “, BECAUSE I HAVE FILLED OUT MAYBE FIVE OF THES FAKE LOAN MOD. THAT OBAMA CAME UP WITH IS FAKE! For each Stupid FedEx Delivered from BOA Government HOPE PROGRAM YOU FILL OUT, THE GOVERNMENT GIVES THE BANK $6,000! If they only give you a “FOREBEARSANCE AGREEMENT”, THAT I WAS TOLD, DO NOT PAY THE AMOUNT YOU ARE BEHIND, UNLESS THEY (REFINACE THE WHOLE LOAN)!
      I PAID THE PAST DUE,…OF $16,000, THEN THEY SENT ME THE FOREBARANCE AGREEMENT, BUT IT WAS ONLY FOR (6 MONTHS, LOWERED MY PAYMENT ONLY $1,385 A MONTH AND BEFORE THE 6 MONTHS ARE UP, CALL THEM TO SEE WHAT KIND OF PAYMENTS I WILL BE PAYING, AND CLAIMED THEY WOULD LOWER MY INTEREST RATE FROM ALMOST 10%! SO I CALLED IN TO MAKE A PAYMENT, AND I WAS TOLD TO KEEP MAKING THE PAYMENTS UNTIL THE NEW (GOVERNMENT HOPE PROGRAM)! OK, I DID CONTINUE TO MAKE THE PAYMENTS FOR ONE MONTH BEFORE THE 12th. PAYMENT. I CALLED IN TO MAKE THAT PAYMENT, AND IT WAS REFUSED! I PAID THEM LOW LIVES OVER $31,000, PAID BACK, PLUS MORE, THEN THEY WERE CRAZY ENOUGH TO DO MORE I CAM NOT TELL FOR MY OWN CASE! WHAT EVER YOU DO, AND YOU HAVE NOT PAID THEM IN 3-4 YEARS, THEY ARE PASS THE TIME OF NO RETURN! THEY DONT EVEN KNOW HOW MUCH I OWE, AROUND A HUNDRED THOUSAND TOO MUCH.
      DO NOT ALLOW THEM TO SEE ANY OF YOUR PAPER WORK, AND IF YOU HAVE A LAWYER, WATCH THEM LIKE A HAWK!

      THE MOST IMPORTANT THING I COULD EVER TELL YOU, IT WILL (NEVER WORK IN JUST THINKING WE CAN SOLVE ALL OUR PROBLEMS! ) WE CAN PUT IT ALL IN OUR HANDS, BUT UNTIL WE CONFESS IT TO OUR SELVES, OR “ASK GOD TO HELP YOU”! I PROMISE WE WILL MESS IT UP, BECAUSE WE ARE NOTHING, WITHOUT THE WILL & STRENGTH OF GOD!

      OK, TO THOSE THAT THINK, WHEN I AM IN MY OFFICE, OR ON ANY JOB…EVEN A PREACHER!

      DEAR CHILDREN OF GOD, WE WERE ALL MADE BY GOD, AFTER HE MADE THE EARTH AND THE HEAVENS, SO WHY WOULD WE “EVER” THINK HE COULD OR WOULD HELP HIS CHILD.
      LOOK AT WHAT IS GOING ON IN OUR OWN COUNTRY, AND AROUND THE WORLD. DONT THINK GOD IS NOT IN CONTROL! JUST LIKE IN THE BEGINNING, GOD ALREADY KNEW WHAT WAS GOING TO HAPPEN, WHEN WE ALLOW SIN INTO OUR LIVES. BUT, WE WILL ALWAYS BE SINNERS! THE DIFFERENCE IS, TO KNOW IN OUR HEARTS AND IN OUR SOULS. JESUS WALKED AND PREACHED TO THE PEOPLE. THERE WERE THOSE THAT HAD “FAITH”, BECAUSE THEY HAD A HUMBLE HEART. BUT THEN, EVEN JESUS DISCIPLES THAT HAD SEEM HIS HEALING, WALKING ON THE WATER, AND RAISING LAZARETH FROM THE DEAD.
      DEAR PEOPLE, WE NEED TO PRAY, BECAUSE THE BIBLE IS OUR BOOK OF HOW WE SHOULD LIVE, AND GIVE IT TO GOD! I DID NOT SAY DONT GIVE YOUR INFORMATION, BUT ASK GOD FOR ALL DIRECTIONS IN LIFE.
      GOD BLESS
      SHA

      • kim July 5, 2013, 6:31 am

        Hi, I read your statement and I am interested in what you said. Is this statute or law also in Pennsylvania. I live in Pittsburgh and I have been battling with Bank of America for years. I need HELP do you know of any attorneys or a way to fight them

        • Sharon July 27, 2013, 11:13 pm

          Dear Lee,
          If you have been fighting Bank Of America for 3 1/2 years! Will I pray that it REALLY IS FOR THE LENGHT OF THE LAW, Because, I paid $16,000.00 + 11 Months of $1,385.68, in 2008 & 2009, On A “GOV. HOPE PROGRAM” And those Sorry Asses, REFUSED MY 11th. Payment, THEN CLAIMED I HAD NOT MADE A PAYMENT SINCE 2008!
          IF YOU HAVE NOT MADE A PAYMENT IN 3 1/2 YEARS, THERE IS A “STATUE OF LIMITATION’S”! CHECK YOU STATE, AND GET AN ATTORNEY THAT WILL NOT GET BOUGHT OFF, Because ours was bought off, Gave BANK OF AMERICA OUR PAPER WORK! MY STUPID ATTORNEY TOLD THE BANK, TO COME TO HER OFFICE, AND “COPY” OUR PAPER WORK, BECAUSE THEY DO NOT HAVE “OUR” NOTE!!!!!!!!!
          HER SORRY ASS WAS BOUGHT OFF, AND NOW SHE HAS ASKED TO BE RELIEVED AS OUR LOW DOWN POOR EXCUSE FOR A UNPROFESSIONAL SORRY LITTLE 5 YEAR PUSS!
          BUT HER ASS IS GOING DOWN!!!!!!

          EVERYONE CALL THE FEDERAL PROTECTION BUREAU TODAY!
          I DID AND GOT MONEY, BECAUSE MY MORTGAGE WAS WIRED UP WITH 2 INTEREST RATES ON THE SAME MORTGAGE! STUPID STUPID STUPID, SO DONT LET THEM GET YOU DOWN, AND IF THEY DO GET YOUR HOUSE, DO WHAT MY OLD NEIGHBOR DONE!
          SHE WROTE ALL OVER THE WALLS, THAT SHE HAD LOVED HER HOME, BUT HER SORRY HUSBAND RUN AROUND, DRANK SO MUCH, SHE COULD NOT TAKE LOSING EVERYTHING SHE HAD, BECAUSE HE AND THE FORECLOSER CAUSED HER TO DRANK, THEN HE TOOK HER KIDS! SHE ALSO WROTE, I LOVED MY HOME, AND I HOPE WHO EVER GETS IT LOVES IT AS MUCH AS SHE DID!

          NEVER LET ANY MAN OR WOMAN EVER GET YOU SO FAR DOWN YOU LOSE WHO YOU REALLY ARE, BUT I KNOW, IT’S EASYER SAID THEN DONE, BUT THE MOST IMPORTANT THING YOU COULD EVER DO, AND THAT IS TO GIVE IT ALL TO GOD, BECAUSE GOD ALREADY KNOWS WHAT TOMORROW WILL BRING. I KNOW WE ARE ALL SINNERS, AND WE ALL ARE FROM THE EARTH. BUT WHEN GET “SAVED”, YOU ARE NO LONGER OF THE EARTH, BUT WE ARE OF THE ” HOLY SPIRIT, AND THAT MEANS THAT SPIRIT IS OF OUR GOD, AND HE GIVES YOU POWERS!
          REMEMBER THAT. YOU ARE NO LONGER A REGULAR PERSON, YOU ARE GODS! BECAUSE IF GOD IS FOR YOU, HOW CAN ANY ONE BE AGAINST YOU!
          SO NOW THAT WOMAN HAS HER CHILDREN, BUT THANKING GOD SHE IS DONE WITH THE WOMANIZER, SHE NO LONGER DRINKS, BECAUSE MOST OF HER PROBLEM LEFT OUT THE DOOR, AND SHE NO LONGER HAS THE REASON TO PICK UP A BOTTLE, BUT PICK UP THE ” BIBLE”, A FRIEND THAT WILL NEVER LEAVE HER, AND HIS NAME IS WONDERFUL, OUR SAVIOR IN ALL WAYS, AND I DON’T KNOW ABOUT YOU, BUT I HAD RATHER LIVE IN A CARDBOARD BOX, THAN NOT HAVING FOOD FOR MY CHILD AND ME, THEN LIVE IN A MANSION!
          YES I LOVE GOD, BUT I AM HUMAN, SO TRY TO OVER LOOK SOME OF MY “WORDS/NAMES”!
          GOD BLESS, SHARON

        • Sharon July 28, 2013, 12:35 am

          Kim,
          Go to the FEDERAL PROTECTION BUREAU!
          There is a FORM TO FILL OUT, and they will mail you a letter…DON’T LOSE IT, BECAUSE IT HAS A CODE #NUMBER ON IT! I FILLED OUT THEIR FORMS, AND MAKE SURE YOU HAVE A PRINTER THAT IS HOCKED UP TO YOUR INTERNET AND PRINT OUT YOURSELF A COPY, AND I DID, AND THEY FOUND ERRORS IN MY MORTGAGE, AND MAILED ME A CHECK FOR $2,000!
          IF YOU CAN PROVE FAULT, AND I DID, AND THEY DID…WONDERFUL! BUT WHY DID SHE NO?…SHE WAS NOT A GOOD ENOUGH ATTORNEY, AND MY HUSBAND TOLD HER HE HAD NOT BEEN TO COLLEGE, BUT THAT HE COULD DO A BETTER JOB THEN HER!

          Never TOTALY TRUST YOUR ATTORNEY! I know, She SOLD ME OUT, AND GAVE BOA’s ATTORNEY MY PAPER WORK, BUT WHAT WAS WORSE, SHE ACCIDENTALLY EMAILED ME A LETTER SHE SENT THEM, SAID THEY COULD COME TO HER OFFICE, MY ATTORNEY, BECAUSE THEY DID NOT HAVE IT!
          NOW WHAT DO YOU THINK ABOUT THAT?
          MY BIGGEST MISTAKE WAS TO HIRE A ATTORNEY THAT DOES “FORECLOSURES”, BECAUSE THAT IS WHAT SHE AND HER CO-ATTORNEY’S DID, SO THEY ARE WORKING FOR THE SAME REASON, PLUS SHE WOULD GET A DEAL FOR HELPING BOA! PLUS, SHE CALLED ANOTHER ATTORNEY THAT WAS NOT IN HER GROUP, AND ASK HIM HOW TO HELP HER WITH MY CASE, BECAUSE SHE DID NOT WANT HER CO-ATTORNEYS THAT SHE WAS SO DUMB, PLUS SHE HAD ONLY BEEN AN ATTORNEY FOR TOTAL AMOUNT OF 5 YEARS, TO WHICH SHE WAS PREGNANT, AND OFF WORK FOR 2 MONTHS…WHAT HAPPEN TO OUR “PRIVACY ACT”????
          Please go on the Internet, and see what the Statue of Limitation is for your state on MORTGAGE !
          Also look at your mortgage and make sure they don’t have more than one interest rate on it, and payment history, or if they have given you a FORBEARANCE AGREEMENT THAT THEY ASK YOU TO GO LONGER THAN THE DATE OF THE PAYMENTS. THEN REFUSED OUR PAYMENTS. NO MORE DID I EVER TRY TO PAY THEM, IT’S TIME TO SUE THEM!
          NEVER LEAVE EVERYTHING TO OTHERS, IT MAY BE THE JOB YOU HIRED THEM TO DO…BUT KEEP UP WITH EVERY LETTER THEY SEND TO THEN, AND TO YOU, BECAUSE YOUR PAPER WORK IS THE “KEY” TO KEEPING YOUR HOUSE, DON’T LOSE IT!
          GOOD LUCK, AND GOD BLESS,
          SHARON

          • DORIS CONWAY September 15, 2013, 12:20 pm

            Every thing that I have read, are true about Nationstar Mortgage, they tried to foreclose me last year, you are right how youe payment start at one number and go higher, if I can , I would like to be in the class action lawsuit on Nationstar. they are a ripe off to customer. by grace of GOD I still have my House.

    • Laura Beirne July 1, 2013, 11:00 am

      thank u we have been trying to get our home refied for 5 yrs now and no luck on the phone with them now and getting a run around we r not backed with fanny mae or any other gov. loan any suggestion on how to do this

    • Josie July 5, 2013, 9:44 am

      I would hang on to that paperwork, as I also received documents stating a home load mod from B of A after 3 years and went thru a non profit organization and now I get letters stating that my home loan mod is being looked at a letter every week stating that my customer service rep has been changed and when I call these people and can finally get thru they say you never got a home modification it was denied. They should be shut down by the Feds.

    • Christy July 30, 2013, 5:01 pm

      We have received signed and notarized letters along with congratulation letters twice! Once in January and again in May. They are still sending me intent to foreclose letters, notes on my door, trying to collect Thousands of dollars as well as not accepting my lower approved payment. Now I can not reach my account manager (the second one assigned to me) and have been dealing with some very rude representatives at the main BOA branch.

    • gloria sheldon July 31, 2013, 8:13 pm

      Dear Lee,
      Was your modification with Bank of America? Been turned down twice for modification due to extreme hardship. The first
      time I tried to modify they kept saying “make your payments on time”and I did!! I couldn’t get any feel for what to do. Make them or stop making them in order to qualify. Seems likely they were watching me for few months, saw that I was able to still pay over $2,000 per month at 6.5% INTEREST and turned me down for “inability to submit paperwork on a timely basis.” I had to get an archived award letter from Georgia insurance company and that took a month. Of course nobody ever called to say that one last piece of paper was time sensitive.
      I made a payment in April and tried to make another one in May but they wouldn’t take my money. I’ve just quit paying all together because I was sure I’d get modification. Wanted to know from you if they can mess with you if you’re in the modification process as far as making payment demands and threatening me? As soon as they turned me down yesterday, they wanted all arrearage and are talking foreclosure and short sale. The case manager told me I could appeal but did you have to do that and was there any use. Did you try to modify with the same render or was it another one? Reason for turning me down this time is “did not qualify. Do you possibly know of any class action lawsuit going on against Bank of America? I am in Alabama.
      Would you help me by answering these questions? I am so worried. Thank you very much.

      Sincerely yours,
      Gloria Sheldon

    • Judy August 9, 2013, 6:21 pm

      Lee
      Please be very careful. We also went thru the loan modification program. We got the letter and started paying the reduced mortgage payment until Bank of America stopped accepting my mortgage payments and then said we owed them over $5,000.00 in late fees. We never missed a payment in over 10 years but Bank of America stopped taking my payments and turned it into a toxic loan so they can foreclose and then bill the US government to cover the toxic loan. I’ve had to hire a lawyer to fight them….2 years later…we’re still fighting. Save every document and read very carefully……

    • lisa August 19, 2013, 7:00 pm

      I wouldn’t believe the paperwork. I received the same and sent back in and they kept saying they didn’t get it and played a game of they kept resending it and never modified my loan. Then I get notice 1 month later that they sold my loan. Good luck

    • lisa August 19, 2013, 7:01 pm

      Oh and I forgot to mention they tacked $10,000 on to my loan and then didn’t forward any of the mortage information to Green Tree who purchased my loan so now they say I am $17,000 behind and I only ever missed 2 payment.

    • Frances September 20, 2013, 2:18 pm

      Lee please please call me, I have questions. I have no one to help me ,but ive been fighting to keep my house!! They keep dragging it out:UGH,if I hear ONE MORE time that I have a ‘NEW’ customer service manager I think I will just admit myself into a psych ward!!! LOL…No No BOA I am NOT giving up.And thank God for the recordings of All phone calls..I make it known that NOt one rep. has sent me a letter or stayed in close contact with me. They are finding ways to drag this out so I can owe them more money!!!!!817-657-4190 ANYONE PLEASE HELP ME.:(

  • Steven McAllister June 3, 2013, 2:49 pm

    My wife and I had our original mortgage loan with Countrywide in 2007. Everything was going ok until Bank of America took over Countrywide and assumed our loan in 2009. They changed the whole structure of the loan raised our monthly payments. The housing market peaked and took a huge dive. In the matter of couple of months we were 300,000.+ upside down on our mortgage. So we contacted B of A’s “Making Homes Affordable Plan” all they did was make us jump through their hoops for months and months. Until we got feed up and contacted a Loan Mod. consultant in 2010. took our money and a few months later skipped town. So we contacted a couple others. Until we found a qualified Real Estate attorney a year later and 9,000. of our money and 2 uncompleted bankruptcies to stop the foreclosure process. Finally called us in for a meeting to inform us that B of A wasn’t going to budge. Saying their sorry and tried to pitch us on a huge 6,000. a month loan. So we decided to Short Sell our home, But the market hadn’t recovered yet. So we were trying to change back to a Loan Mod. with a looming Foreclosure sale date. Somebody dropped the ball somewhere and our home was sold at auction right out from underneath us in Dec. 2012.
    So… is there anyone qualified enough out there to give us some straight advice. sthommc@gmail.com

  • Michelle Griffin June 7, 2013, 10:04 pm

    could someone tell me how to file a class action suit against BAC I have been tryn to handle this for 4yrs, I just read Steven McAllister post and its my story WHAT CAN I DO, THIS BANK NEEDS TO BE SHUT DOWN !!!!

    • donna fitzgerald June 13, 2013, 8:33 am

      I agree they all should be fired in the home loan mod, its another way for the bank to profit off of undesevering home owners, they talked me out of my att. just so they could drag the process out to make more money for them. the goverment ought to help us more by making bank of america pay back to homeowners all the fees they charge and the profit they made off of us over 30.000 from me alone not even mentioning the stress they put us through, and the continud threats all the while they are suppose to be helping us. they received all of my paperwork in a timely manner, but decided to play a game by saying they lack one sheet, but the supervisor always prove them wrong, and so a new case worker would come on and you would have to start all overagain I had 100 case workers in 4 years trying to get my home loan mod, finally went to a new bank , and got it

      • Peggy June 14, 2013, 6:36 pm

        I am with B of A. I have gone unsuccessfully for 17 months to get a loan modification. Now that I am trying to refi with a CREDIT UNION, Bank of America has sent me two letters stating they want me to refi with them and they even took the time to call me. I highly suggest a credit union.

        • roy August 30, 2013, 10:03 pm

          B of A is a bunch of crooks. My loan has been modified since 2009. They stated on my online account that they would perm modify my loan still hasn’t happen and I have never missed or late on a payment never.. . Guess what they want more paper work. B of A need to be in JAIL………

      • Sharon June 27, 2013, 12:24 pm

        Hi Donna Fitzgerald,
        Have you been making payments to BOA? If not, and they have refused your payments, The is a “Statue Of Limitation” on BOA, or any other bank to Foreclose on you home. They refused my payment in 2007-2008. I saved my money because we knew they were gonna try to Foreclose on our home. We were serve foreclose papers, and to be at The Court House “Before A Judge “, Which was a “Pile Of Crap”, Because there was NO JUDGE, Just one of the Lawyers from the Banks, but our loan was not with BOA, But had the same Lawyers, Called (US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE “HOLDERS OF THE SPECIALTY UNDERWRTING “! ..Which Means ALL OF OUR HOMES ARE USED IN THE (STOCK MARKET), Which to my understanding (INVESTORS OWN THE HOMES) And “US BANK” Is the Investors ATTORNEYS!
        So, We were Very upset that we were there to have Their Attorney’s tell us that unless we pay the Amount Due Within 30 Days, We would lose our home! They Claimed we owed around $19,000, and I called them back, because that was including Late Fees, Attorney’s Fees, and so on, and I said that we can pay $ 16,000 That they had Refused in the first Place, Oh, Yes They Would Except it!! Then drawed us up a FOREBARANCE AGREEMENT FOR ONLY 6 MONTHS, THEN THEY WOULD SEE IF WE PAID THEM, AND WE DID, TELLING US TO “KEEP” MAKING THE 11 PAYMENT’S UNTIL THEY REFUSSED THEM!
        WHAT EVER YOU DO, WATCH YOUR ATTORNEY, AND TELL THEM TO NEVER GIVE THEM YOUR PAPER WORK WHAT EVER YOU DO!!!
        **REMEMBER THE STATUE OF LIMITATION**
        GOD BLESS YOU, AND ASK GOD TO LEAD YOU IN THE RIGHT DIRECTION, AND HE WILL, AND ALWAYS REMEMBER GOD IS IN CHARGE! THE DEVIL WILL TRY TO GET YOU DOWN. ALWAYS REMEMBER IF YOU ARE A CHRISTIAN, WE ARE NO MORE OF THIS EARTH, BUT LIVE WITH THE SPIRIT THAT GOD GAVE US, AND THAT IS POWER!
        PRAYER IS OUR STRONGEST POWER OVER ANYTHING BECAUSE IT IS OUR FAITH WE HAVE IN GOD!
        NO ONE CAN BREAK GOD, ALWAYS REMEMBER THAT!
        GOD BLESS, SHA

    • Alyce June 24, 2013, 1:47 pm

      Call a consumer rights attorney.

  • Rosaline Ndenecho June 10, 2013, 10:37 pm

    How do I sign up, BOA lied to me, BOA told me they will modify my loan if I stopped playing, I stopped then they forclosed my property in september of 2010, I will like to be part of this class action suit against BOA, please kindly advice me on what to do, thanks

  • CARL MOTT June 11, 2013, 12:27 am

    I took out a loan from a local lender and within a week my mortgage was sold to Countrywide Mortgage in 2007. In Appo 2009 Bank Of America now owns my loan.I have spoken to them on several occassions about a loan modification and all I ever got was promisses over promisses. Until 2013 I always received a escrow check for any overage until 05/2013 my loan got resold to Nationstar Mortgage and the last time I checked 03/27/2013 I had $1,248.02 in escrow according to my last statement from Bank Of America, I now have $0.00 in escrow. I need help now.

    • Peggy June 14, 2013, 6:37 pm

      Try to refi with a credit union.

    • Raina June 20, 2013, 3:00 pm

      the same thing happened to me back in 2002 & ive been limping along since then, using savings to pay the monthly mortgage, trying to refinance on several occasions, eventually attempting a modification (BOA initially told me there was no such thing as a modification, until i had a financial advisor call them) & now im trying to do a short sale. i also having nothing in escrow & i have no idea what’s happening on BOA’s end, as i receive conflicting info every time i call. i have tried to contact my state’s attorney general & several politicians to inquire what is being done to help all of the people who are still being abused by BOA, but i have yet to receive an answer.

  • linda June 12, 2013, 2:27 pm

    i am so frustrated with bank of america and how they have lied to me.
    i took out the loan it 2006, no notary was present when signed loan docs. they had me wait to put a 2nd note on x’s loan they used my ex husbands credit score. the loan office
    they have turned my down for 14 loan modifications 13 with out a reason why, they denied me a loan because funds werent released from western union on time even though i sent it on time and they could see it, there wasnt any notification when they transfered the loan from prlap inc to fannie mae and now when i am in the critical part of applying for a mod, i found out the bank of america has the loan again , but with meryll lynch, as bank of america na not bank of america, or bac home loans, they have used so many different names when they send docs it is unbelieveable . and the employees state that they are the same entity, whichthey are not only subsiduaries

  • donna fitzgerald June 13, 2013, 8:42 am

    I think its great if the government forces these banks to pay homeowners back all the money they took from them while in the process of home loan mod, office of the aging was helping me and she said these banks will string us along to only make them a profit at the expense of the homeowners, and to keep tract , which I did and have 3 huge boxes of all these case workers, they tried to stick a new one onto me name annette, which she promised me she could help but 4 years of this is quite enough. they lie cheat, and all who cause this should be fired

    • DB September 16, 2013, 4:50 pm

      I was told by a so-called loan mod. mgr.(the 1st of 3)to not make payments until contacted with underwriters approval.SHE contacted us every 30days for 2 months. The 3rd mo. she never called so I called Skank of America only to find that I had a new loan mod. mgr.(2nd of 3) and he told me he needed documents that we had already submitted to the 1st mod. mgr.. We also told him what the previous mod. mgr. said about don’t send payment; he told me she had misinformed us and to continue to make payments. We resubmitted paper work, then additional paper work. In April we received “3 coupons” to make trial payments. We made payments. For 7 mos. he called every 30 days to “update” us. I called him numerous times with questions; he did return ‘most’ of my calls. The last call we received was June 1st and he told us it had made it to the “underwriters” and would take “55 days to 6 months” for the ‘permanent mod.’ to be go into effect. “Good”, I thought. He called back in July but I missed his call, so I called him and left him a message on his voicemail to call me back. He never called. I called back every week for three weeks and the “concierge”(fancy name for a min. wage operator/cust. service rep.) took down my message for “Bruce M.” to call me back(never did) and she’d give him the msgs.. The following week I got a call from “Victor H.”; my “new” loan mod. mgr.(3rd. of 3…SO FAR!…), he left a message to call him. I did and left message to return my call. 2 days later I received a FedEx envelope that stated, “we are removing your your request for loan assistance because:”, and it went on to say I had basically (a)refused their offer or (b)withdrew my request for assistance.
      B_llsh_t! Called my latest loan mgr. and he said they had never received my reply to their offer that needed to be notarized to go to be returned to underwriters.(never received it, but received over 20 other FedEx documents !). He told me it had been sent out on June 4th; 3 days after my previous(2nd) mod. mgr. said it would take 55days-6months!. I told him to give me the tracking number;stuttering and reluctantly he did. FedEx can’t explain it!. I called in an appeal. A couple days later had a note on my mailbox that there was an envelope (sent by USPS) I went and SIGNED for it stating they reviewed my appeal and admitted it was “VALID”, but was still denied for the same reason(s) I listed above! SO, they send me a document(NOT)that has a document that FedEx can leave at my front gate that would modify my loan, BUT they send me a statement by USPS that needs to be signed for that tells me I’m denied mod. and I needed to cough up over $10,000.00 or foreclosure was pending! Does this crap sound familiar to all of you?!?
      HOWEVER, I saved “ALL” correspondense between me an “BACK of America”. EVERY document, voicemail messages with time stamps and dates; ‘and’ I RECORDED “EVERY” CONVERSATION FROM THE 1st (11 MOS. AGO)TO THE LAST (JUST 5 DAYS AGO)! Absolutely ‘legal’ in my state ad in MOST states!. The Atty. General from my state was shocked,but pleasingly surprised that they FINALLY had tangible evidence, not just my say hearsay, against BofA. They told me that I could only imagine the complaints they’ve received in the past couple years(ESPECIALLY MONTHS!, but without alot of proof of their fraud; UNTIL NOW!!!! There is enough complaints in this one thread/post to start a class action lawsuit. How bad do all of you fine folks want to get these crooks? How bad do you want them?!!!??? Post your reply(s) and I’ll be glad;with ALL of your help,to get the ball rolling. LET ME KNOW ASAP by posting a contact email. I’m serious.

      • Frances September 20, 2013, 2:30 pm

        D B,will you please help me???? I am a a divorced mother of 3.
        My ex dragged me through a 3 year divorce and now I am almost 3 years of trying to keep and save my house.Ive done all they have asked. I have made sure THEY recorded phone calls which have been numerous. No one will tell me where my loan sits?? Been trying to get it modified Im 22 months behind because ex stopped making payments.I just want to make things right and KEEP my home,but NO ONE is telling me what to do!!!
        🙁 im in Limbo. 817-657-4190 FC

        • Don S. - Pennsylvania September 22, 2013, 9:57 pm

          Frances …

          Please see my post below.

          — Don

  • donna fitzgerald June 13, 2013, 8:47 am

    I would liked to be added to the law suit also, I was with countrywide also, include fannie mae and bank of america they are both responable for not giving us our home loan modifications

    • Neil June 18, 2013, 6:07 pm

      Can you please tell me who I can contact about Bank of America selling my home while I was doing a loan modification . They took my home and lied to me about my modification application when sent them everything. Neil

    • Kathy Cazes June 22, 2013, 9:28 pm

      I also was lied to by BAC and would like to join in the lawsuit. I made an OCC complaint in 2010 about my trial modification being drug out for 2 years being charged 1100.00 per month instead of trial payments of 728.00 per month. Still have not received results from OCC complaint, but my loan is now with Seterus and I have made them aware of the problems with the modification and OCC complaint and have gotten no where.

  • Scott Bowling June 13, 2013, 11:12 am

    I would like to find out if I have a lawsuit I have been fighting them for a loan modification loan for 3 years now. Now they want to do it. I would like to stay in my home. I have everything documented and I have sent payments in which they said the never received. Any help would be appreciated thank you!

    • Peggy June 14, 2013, 6:40 pm

      Same thing happened to me. They charged me late fees and interest on payment that I had made!!! They just did not post them. I got them taken off but who can trust them? They are horrible. I am trying to refinance through a credit union and they have been fantastic. Good luck.

  • Dana Marks June 13, 2013, 5:03 pm

    I have the same story with BOA’s Loan Modification program that a lot of you do on this post…
    My question is…Is there anywhere that will refinance our loan since our participation in the Loan Mod with BOA completely ruined our credit?
    We ended up reinstating our loan after 9 months of submitting the same paperwork over and over…It is really crummy, because the BOA program is a huge ‘red-tape, run-around’ process, and they tell people to not make their payments until the Mod is finished…So even though we have been in ‘their’ program, doing everything exactly as we were told, we held on for 9 months only to find out that they wanted more documents and that BOA doesn’t even hold the loan docs on our home, but it is Bank of New York… We just want to refinance with someone else…even if it means that we have to pay a higher interest to get started… If anyone out there knows of any company, please let me know? Thank you, Dana Marks dana.dana.marks@gmail.com

    • Peggy June 14, 2013, 6:41 pm

      Try a credit union.

    • Sunnie Schaaf June 22, 2013, 9:23 pm

      Dana,

      Same issue here. Three years of run around and fill out paperwork over and over and still no modification. Advised not to make payments until the ‘modification process’ was over… We recently received a letter stating our loan was taken over by Nationstar. Have you heard of this as well?

  • Marcia OConnor June 15, 2013, 8:42 am

    Hi,
    Bank of America did the same things to me. I knew they were outright lying because they repeatedly asked for documents that I had already provided, and sent over and over. Then they would say I did not cooperate in sending my documents. This went on over and over for months since 2009. Once, incidentally after 60 Minutes exposed their robo-signing issues, they sent some person to my house who demanded my original loan documents ( which I refused to give her.) In Dec-Jan 2013 they reassigned my loan to Nationstar Mortgage who appears to be playing the same games. I have already provided them with documents more than once. This all started when I refinanced my Fannie Mae Mortgage with Chase Bank in Jan 2009 to FHA with Countrywide, who then went bankrupt and Bank of America took over. These Federal Banks all play the same crooked games and have stolen the equity right out from under honest homeowners and crashed our economy. The US government needs to take over the banking system, and mortgages. The banking system is too corrupt to repair! It needs to be taken over.

    • Dale July 29, 2013, 12:38 am

      Have had all the issues with Countrywide and BofA would love to support a class action suit but have not found an attorney that will take for contingent fees etc but what is interesting in your complaint is the Robo signing.Do you have more info on that? If you do please contact me @ idsundberg@gmail.com they just sold us to Greentree

  • Marcia OConnor June 15, 2013, 8:48 am

    P.S
    How can I get in touch with the lawyers? I have lots of documentation!!

  • Garry Nicodemus June 15, 2013, 11:46 am

    I had been on the phone with (BOA) for over a year in 2008-2009 to keep my home. All the paper work sent over and over. Had all ready had to close my store and deli. and find new work. After months (boa) said we would be getting home affordable plan and all the paperwork we needed would be in the mail to us in about a week. They lied and three weeks later after no mail from them. Called back to find that we would have to start over again because they had made changes at (boa).
    Had to move out of my home to a rental in feb 2010. My wife and family left. in april 2010. Class action Ya right. Still trying to recover on my own today but it has left a hole in me forever. It wasn’t bad mortgages that caused all of this it was fuel and greed that got this all started in 2008. And are new government . Should Have helped main street not wall street. I beleave we all had a chance to get back to basics back then and it would have been not a bad thing all that took place in 2008. but greed in our world today is and will be the loser in the long run.

  • Greg K Craig June 16, 2013, 7:45 am

    My wife and I were put through hell last 4yrs w/BOA.
    I have a satchel full of paper trail from everything.
    Please, tell us how to get added to this lawsuit.

  • Greg K Craig June 16, 2013, 7:35 pm

    Would someone that can help me and my wife make BOA accountable
    for all they put us through last 4yrs, contact me?
    gcraig@wpcc.edu
    I have all the docs and BOA Rep names.
    We are ready!

  • SARAH June 17, 2013, 12:46 pm

    I have been fighting with Bank of America for 7 1\2 years. Recently they remodified my loan and it was 10,000 MORE than the original loan was written for. Please tell me how to get in on the class action law suit.

  • Leroy Thompson June 17, 2013, 5:26 pm

    How do I sign up to be a part of this law suit? Can someone please help me. I lost my home to foreclosure because of those delay tactics.

  • Sherri Rasmussen June 17, 2013, 6:23 pm

    I would also like to be added to this suit. I tried with B of A and ONE DAY before my closing, they changed their rules and suddenly, I needed an appraisal that came in WELL BELOW what my house was valued at at the time. Of course, if I would have been “willing to bring $15K” to closing, we could work it out”. REALLY!>>> If I HAD 15K, I wouldn’t be trying to modify! I still have not been able to modify and my house is now up for sale. I just can’t keep going on like this.

    Please let me know how to get in on to the suit…without loans from my father this past year (AND I AM 48 and employed with a good job) I would have lost my house already. This is disgusting….I worked my whole life to have my home for one large entity to potentially strip it away. The Government should be able to take serious action against B of A for hurting so many of us maliciously.
    Thank you!
    Sherri
    sraz101@gmail.com

  • Rich June 17, 2013, 6:38 pm

    First I would suggest to find social forums online and post what Bank of America has done to you. Post contact information for lawyers involved in seuing Bank of America so thers can contact them.
    The more attention thats created – believe it or not – they do feel the heat. Call your local Atorney Generals office – they can help.
    Part of the problem is thousands of people are afraid to complain or make this public. The only thing that will affect the bank is public exsposure.speakwny.com

  • Very Frustrated in Georgia June 17, 2013, 8:51 pm

    My loan modification was refused several times even though I was only behind on one $39 late fee. They actually foreclosed on my business because of this one fee. This combined with the continual raising of interest rates and continuing additions of late fees, I sunk more and more in debt. When I spoke to my “rep” in Charlotte and told him I was trying to work something out he flat out told me ” Bank of America is NOT interested in working with YOU!” I had been a faithful customer with my business and personal banking for over 20 years. They increased my interest monthly and what was normally a $200 per month payment jumped to $800 and $900 and if I couldn’t pay that the interest rate jumped again. I found some of my 2007 statements showing 28.93% interest. With rates jumping that fast and monthly, there was no way I could keep up. BEcause the rate went up, it put me over my limit so bam…there was another $39 over limit fee. It just didn’t stop until I filed bankruptcy and had my building foreclosed on. They have ruined my life and my children’s lives in more ways than one.

  • Mark Stephens June 18, 2013, 7:21 am

    In all the discussions and articles and lawsuits that have occurred during the mortgage crisis, I have never seen one important point discussed. Bank of America, in August, 2007, “gave” Countrywide Financial $2 billion. It would be interesting to follow exactly where that money went; why would B of A give one of its major competitors money to keep it going? Then, less than six months later, in January 2008, B of A announced that it would buy Countrywide for $4.1 billion. So, total spent; $6.1 billion. What did B of A get for its money? It received all of Countrywide’s 9 million mortgages, valued at $1.4 TRILLION! This is the important point; if you do the math, they paid 0.0043571428571429 per dollar of Countrywide’s mortgages! That is less than ½ a penny per dollar!! So, for example, they paid almost $850.00 for my two mortgages, worth $195,000.00 on paper. How is this even legal or acceptable?!
    Why do you think that they moved so fast to foreclose on so many of Countrywide’s former customers? It didn’t matter if they took possession of those houses because they paid less than $1000.00 for most of them.
    Why weren’t Countrywide’s customers given the opportunity to buy their mortgages back for the same price? Why is Bank of America one of the worst banks to try and get a loan modification? Why was B of A given $45 billion through the TARP program, and then were able to repay that money a year later? (They also received $5.2 billion in government bailout money.) At the time of repayment, they had $26.2 billion of excess liquidity. Would you be profitable if you could purchase something for less than ½ a penny per dollar?
    If you look into the executive bonus debacle, and all of the fraud charges filed against the company, the robo signing fiasco, the sale of toxic mortgages to Fannie Mae and Freddie Mac, you see a company that is not “too big to fail,” but too big to be accountable to law. They operate outside of the law, and with the cooperation of government officials and regulators.
    I could go on and on about Bank of America’s practices, the loan modification sham, etc., but I just want to know why they are allowed to buy my mortgages, worth $195,000.00, for less than $850.00? Since their purchase of my mortgages, I have paid them over $54000.00 in interest alone! I thought that there were laws against excessive usury!

  • Mark Stephens June 18, 2013, 7:22 am

    I would like to find a lawyer willing to file a class action lawsuit against Bank of America based on excessive usury, as I wrote above.

    • Greg K Craig July 2, 2013, 8:01 am

      Mark,
      I have posted comments on the torture BOA put me and my wife through 2008-2011. The thing is I have kept all the paper trail, docs, names,etc….When they finally sent us our first new billing statement 6/12…we realized they had tacked on some $9000.00 (late charges, THEIR attorney fees, on and on).
      So Mark, if you do find an attorney, please e-mail me at gcraig@wpcc.edu……..WE QUALIFY FOR THE EXCESSIVE
      USURY LAW!

      Thank you,
      Greg K Craig

  • Stephanie June 18, 2013, 9:59 am

    How can you be included in this class action suit?

  • Alexandra June 18, 2013, 11:32 am

    After my husband closed down his business of 15 years I fell behind by 1 month. I had an education and went to work full time as my husband stayed home with our 3 children. I tried for a loan modification by BOA. It was a crazy run a round for a whole year. All while the fees kept stacking up. Earlier I had been offered by my parents to help me by paying the behind month and fees (which at 1 year were more than the actual payment that was behind). I wanted to try to do this on my own without taking my parents money who live on a strict budget themselves. I had an initial on site visit with BOA. I was told that so long as I continued to be at leat 1 month behind it seemed I would qualify for the modification loan. After initial in- house vist to BOA Correspondence was by phone and mail. Never could speak with the same person and BOA consistently for 1 year kept losing ALL my paperwork or say it was incomplete. They wound send out new forms to fill and never the original ones I had sent in. Many times they just denied ever getting the documents. . In the end I felt they were not going to help and took my parents help instead. BOA took all that federal aid and then never helped those it was ment for. Im from RI and would like to know of any class action suits in RI against BOA. I read that Mass had recently filed a suit against them. Thats whats wrong with the banks. They will always look out for ONLY BOA, even if they defraud the American consumer and the federal government.

  • stephanie alexander June 18, 2013, 12:00 pm

    i have the same story with b of a and i lost my home would like to know how to get in on the class action lawsuit, if someone could please let me know thanks

  • Deborah & Leon Lenzy June 18, 2013, 8:21 pm

    Are we to late to sign up for this class action lawsuit?
    BOK told us they could give us a Modification and we were had been going through it for two (2) years or more. After we got $8,000.00 behind, we were told that if we did not pay they were going to foreclose on us, and that was when we were going through the modification. We were first were going through another company for our modification and where told not too because they could give us one. After we begged and borrowed from anyone we could to get the money from to pay the mortgage the sold us to another mortgage company without letting us know we were being sold.

  • Deborah & Leon Lenzy June 18, 2013, 8:33 pm

    Are we to late for this lawsuit?
    BOK told us that they would give us a modification after we started to sign up with another company. We went through this for two (2) years; paper work after paper work and some of the same paper work over and over. It was like they were trying to stall us and see how far we would get behind in our mortgage payment. Well, we were $8,000.00 behind and then was told that if we did not pay we would be foreclosed on. We had begged and borrowed to get the money and when we did they sold us without telling us they were going to do so. We believe so they would not have to pay us any of the money that they had to pay out.

  • Heather June 18, 2013, 11:37 pm

    I have read all comments and I am in the same boat- filed bankruptcy three years ago after BOA continuously “lost” my paperwork/financials. I attempted modification for months until eventually was forced into bankruptcy- sadly, three years later, the house still sits vacant.

  • C Brotherton June 19, 2013, 8:28 am

    Would like information on joining class action lawsuit. Dealt with BOA for almost 2 years over a loan modification. They would not return phone calls, and lost paperwork twice (supposedly).

  • Keith June 19, 2013, 11:57 am

    Does anyone know what attorney has filed the suit?

  • Amy June 19, 2013, 12:02 pm

    My boyfriend has a home loan through Bank of America. He was laid off 2 years ago and fell behind on payments (still making partial payments each month). He applied at that time for a modification and thought by what the loan officer told him that all was well. Turns out he was not approved and BOA has been adding 120 days late payments every month since 2011! Last year he got a roomate and was able to restart full payments but by this time BOA has suddenly started foreclosure talks. He again files for a modification and over the last year he has filled out the paperwork 10 times! Each time they sate some rediculous reason for not accepting them like the noterys stamp is not in the right place or a part of a signature crossed the words of the document. Its insane! So now the have denied his request so were left with the option of selling very quickly and paying the loan or again applying for a modification. Even if we sell the house they are refusing to remove the countless 120 days late marks from his credit since they state his last year of full payments have been on his previously owed amount. This company outrages me! Not only do they offer no help to good people that have fallen on some hard times they do everything they can to discourage and dishearten them. I am so thankful that I do not personally have any financial dealings with them and hope we can resolve this soon before his credit rating is in the negative. It does make me feel a bit better by reading the other posts that we are not alone in this and there are many others that have been through the same or worse. I just pray that someone (either private citizen or the government) holds this monster of a corperation liable for their shady practices and immoral behavior.

  • Janet Bulluck June 19, 2013, 3:55 pm

    I tried to do a harp2.0 or other modified load at a reduced rate and they would not even after 3 to 5 tries. I would like to help. they have since in the last 3 months sold my loan to someone else.

  • Ant June 20, 2013, 11:31 am

    I don’t know how you are able to keep resubmitting the paper work. I was approved for a modification after losing a little over half my income but when it came they increased my payment by 240.00 a month and did not guarantee anything like the interest rate or even if the modification would stop foreclosure. All they tell me is that it’s the only offer they will give me.
    I am now in foreclosure and they are pressing me to do a short sale. I have now contacted a foreclosure lawyer and hope to get traction that way. Good luck, I think mine has run out.

  • Diane Wilson June 20, 2013, 1:48 pm

    The same thing happen to my husband and myself. They told us the loan mod was complete and we were waiting for the payment schedule to start and the next thing you know we received a call from some guy named Richard from California stating that the loan was denied. Can someone help me file against BOA.

  • Mark Stephens June 20, 2013, 6:49 pm

    In all the discussions and articles and lawsuits that have occurred during the mortgage crisis, I have never seen one important point discussed. Bank of America, in August, 2007, “gave” Countrywide Financial $2 billion. It would be interesting to follow exactly where that money went; why would B of A give one of its major competitors money to keep it going? Then, less than six months later, in January 2008, B of A announced that it would buy Countrywide for $4.1 billion. So, total spent; $6.1 billion. What did B of A get for its money? It received all of Countrywide’s 9 million mortgages, valued at $1.4 TRILLION! This is the important point; if you do the math, they paid 0.0043571428571429 per dollar of Countrywide’s mortgages! That is less than ½ a penny per dollar!! So, for example, they paid almost $850.00 for my two mortgages, worth $195,000.00 on paper. How is this even legal or acceptable?!
    Why do you think that they moved so fast to foreclose on so many of Countrywide’s former customers? It didn’t matter if they took possession of those houses because they paid less than $1000.00 for most of them.
    Why weren’t Countrywide’s customers given the opportunity to buy their mortgages back for the same price? Why is Bank of America one of the worst banks to try and get a loan modification? Why was B of A given $45 billion through the TARP program, and then were able to repay that money a year later? (They also received $5.2 billion in government bailout money.) At the time of repayment, they had $26.2 billion of excess liquidity. Would you be profitable if you could purchase something for less than ½ a penny per dollar?
    If you look into the executive bonus debacle, and all of the fraud charges filed against the company, the robo signing fiasco, the sale of toxic mortgages to Fannie Mae and Freddie Mac, you see a company that is not “too big to fail,” but too big to be accountable to law. They operate outside of the law, and with the cooperation of government officials and regulators.
    I could go on and on about Bank of America’s practices, the loan modification sham, etc., but I just want to know why they are allowed to buy my mortgages, worth $195,000.00, for less than $850.00? Since their purchase of my mortgages, I have paid them over $54000.00 in interest alone! I thought that there were laws against excessive usury!
    Sincerely,
    Mark Stephens
    I would like to find a lawyer to file a class action lawsuit against Bank of America on behalf of all the former Countrywide customers. It should be fraud to transfer mortgages for less than 1/2 a penny per dollar, and then not modify these mortgages.

  • Michael D Green June 20, 2013, 8:47 pm

    Looks like my wife and I are right there. We took out a loan from a local lender, Suntrust and within a short time our motgage was sold to Countrywide Mortgage with decent payment plan and then BOA assumed the loan and raised our payment. 2 and a half years and 3 attemps to modify our loan. Even one time they didn’nt receive our paperwork. Everything looked good for the modification, nothing back and then rejection. Participation in the Loan Mod with BOA completely ruined our credit. I would like to find out if we have any recourse in this matter.

  • Francisco June 21, 2013, 10:50 am

    Wow, I guess I am not the only one going through the same thing with BOA. My Loan originated with counrty wide in 06 when we bought our home, BOA then bought our loan and we have been fighting with BOA for over three years to modify our loan, but is always the same thing. We keep submiting the same paperwork over and over to have them say that they never recieved it. I am sick and tire of dealing with them and have given up. Can someone let me know how I can get involved in this class action lawuit against BOA. fjesparza72@yahoo.com

  • Stephanie Poston June 21, 2013, 11:24 am

    I would like to join the class action lawsuit against BOA. Please someone let me know how !

  • Dona June 21, 2013, 9:14 pm

    B of A called and offered the OBAMA PLAN. reducing my house payments to about 400 per month. There was absolutely no mention of paying it back, they said it was to help since I lost my job. I told them I would sign the paperwork as soon as it was received. I called a week later concerned about the lack of paperwork, I was told not to worry about it. 7 months later I received a call (still unemployed) that that plan expired and I would be on a plan to pay close to 800 per month for 3 months and then I had to pay something over 17,000. I told them I was still unemployed. I asked if I would receive paper work. but there wasn’t any. so November I received the first notice of foreclosure and ended up having to file for bankruptcy, because I didn’t believe I would be able to sell it in time to try and re-coupe my equity. I lost everything…because I believed I was being given a reduced payment until I found work. I assumed the back payments would be added to the end of the loan. I was 57. Lost my house the bank sold for 121 to a real estate company who sold it for about 200K from what I was told. This happened to too many people, and I felt lied to by the Bank, and the Obama Plan. I would like the equity, the bank, Obama Plan, and the real estate company gained profit from.

    • Robert August 15, 2013, 10:36 pm

      I received a government notice today august 14, 2013.
      The place to go with a complaint or problem is:
      SIGTARP. WWW: SIGTARP.GOV
      PHONE: 877-SIG-2009 (TOLL FREE)

      GOD BLESS And may BOA burn in H

  • N. Roozen June 21, 2013, 11:45 pm

    I am trying to modify a balloon loan through BOA and I’m having the same problems as above. My line of credit came due Feb. 20, 2013 so I contacted BOA before then to tell them I could not afford to pay it off. They told me I could not get an extension and I could apply for another LOC and it would be turned down due to housing prices in Michigan. They sent me to the Mortgage Refi Dept. who told me I could not afford to refinance. I went to two other banks who said the same. In March I went back to BOA who informed me they had a modification process for the last 2 yrs on these balloon loans and asked for paperwork. When I didn’t hear back, I called them the next month and they told me all my paperwork had been lost and then began the modification process again. But because the loan was now in default, charged me $1,300 on top of the $25,000 I already owed. I have been moved between 3 different processors and two weeks ago received a FedEx package asking for 2 additional documents and on the same day another FedEx package telling me I was ineligible for the modification because my docs were never sent in and 30 days had gone by. When I asked my processor if I should mail the 2 additional docs or if I’ve been declined he said those letters go out automatically to get people to act. I thought WTF! So they tell people they have been declined but its not true, just to get them to call the bank? I sent in the 2 docs they asked for and then he questioned my tax return and a capital loss carry forward and told me they needed to see the award letter and 60 days proof of income. I had no idea what he was talking about as the loss carry forward was on Schedule D and was not an award. It was obvious they didn’t know what they were talking about. The next day I get a FedEx package asking me to resubmit my tax return with the Schedule C showing my business income. Problem with that is I don’t have a Business or Business income. I keep asking for an update on the status but have not heard from my processor in over a week and they are supposed to call every week. I e-mail him yesterday and copied on brian.t.moynihan@bankofamerica.com. It must be a valid e-mail because it didn’t bounce back but if there is a new Class Action I would like to be involved.

  • Charly McCracken June 25, 2013, 11:04 am

    I received mail that BOA was holding a modification event. I attended and waited 5 hours. I was actually the last person called that day. Their representatives set up the trial for me and I honored it. After the trial period was over, I waited and waited for three weeks to hear if my mortgage was going to be modified. When I finally got in touch with them, they told me that it was denied and was not guaranteed. They really did not have a reason other than that fact that it was never guaranteed. The trial payments were several hundred dollars higher than my mortgage payment. I was so disappointed.

  • mike matthews June 25, 2013, 2:00 pm

    3 1/2 years later and two finalized agreements later, a credit history that says I am 180 days past due even though I have not missed or been late on one payment,letters on my porch that say my house is going into forclosure, 4 different relation managers,countless escilations I am proud to say that I am still only 90 percent complete and I need to give it another 30 days. BANK OF AMERICA IS A JOKE!!!!!

  • Virginia Garrett June 25, 2013, 3:05 pm

    Sold on a short sale because Bank of America stone-walled me on a modification request. They were rude and uncooperative. I worked on the modification request for over a year, while maintaining timely mortgage payments. I saved ALL my paperwork to document their unwillingness to even listen. E-mails, faxes, letters….got them ALL.
    I had to pay a second lien holder the deficiency, after close, over a period of years. Bank of America could have averted all this had they only listened. Who do I contact?

  • Betty Watkins June 25, 2013, 4:43 pm

    I received , I thought a 3 month trail modification at the end of May this year, supposed to have started June, July and August, my loan was transferred to another service company, I was told that the new service company would be aware of the trail modification, evidently, they were not told, because I’m getting a payment demand letter today for the amount Bank of America say I was in default, I know this can’t be true, I got three different letters from Bank of America with three different amounts on them, bu we finally came to a conclusion on the amount I owed, I already had a stroke, I need help, I dont want this to cause me to have another stroke and kill me, PLEASE HELP !!!!!!!!!!!!!!!!!

  • robert s June 27, 2013, 1:55 am

    Unfortunately I have read and can share same story but have not heard here any stories or advice on remedies against B. Of A. I am not an attorney but it appears that at the very least they committed fraud. It would be great if an attorney could share advice and offer realistic options. My friend can’t wait 4 years plus legal fees to have B. Of A make a final decision. Our federal government distributed funds to
    B of A which they used a small amount and returned to the government. According to one article they would systematically deny people trying to work in good faith with the bank only to end up being offered modification at 3% higher than what the Hamp program could do for families. In a country that has developed a very litigious nature I CAN’T BELIEVE that a class action suit can not be filed as of 6/27/2013. Are there any attorney’s who would like to enter this conversation and offer advice. We have acted in good faith and it is time Bank of America assumes their responsibility if even that means replying to letters and not delaying resolution good or bad for those who are just trying to communicate with them. Would Warren Buffett be so proud of his decision to purchase the enormous amount of stock he acquired in Bank of America had he known the shameful operating procedures? Hmmmmmmmm. Many blessings to all of you in your struggle with B. of A. Do not give up!!!

  • Laura Grgich June 27, 2013, 7:24 pm

    I have been trying for a loan mod. for nearly a year now with BOA. I have sent hundreds of pages of documents that they have demanded. Over and over again they would later send a letter stating that they did not receive them or that what I sent was “incomplete.” I was trusting at first and sent many by the Fed-Ex envelope that they provided and do not have a record of them. Later I would spend hours at the local BOA faxing them. I have had to maintain two jobs at the age of 58, I have been widowed, lost my business and had to file for bankruptcy. I was locked out of my on-line account without notice and was not allowed to make a payment at the local BOA. It was as if they did not want to take my payments anymore! I finally mailed one to an address on a statement. I had not sent payments by mail for years. I have had four representatives, the last one has a phone number that is inoperable. I again went to the local BOA and told them to try the number. They could not get through but gave me an e-mail. Of course, she ignores all e-mails that I have sent. It has been torture all along to try to contact any representative, once you give the last 4 of your social security number your are routed to your rep. and do not have the option to speak to anyone else.. Absolute abuse! I have an attorney and plan to sue them. I pace at night because I am so angry and actually have considered picketing in front of the bank. I am trapped and cannot refinance with anyone else due to the bankruptcy. I would love to hear what others plan to do or of any suggestions.

    • mary mayo July 8, 2013, 4:31 pm

      where is your Home I live in California and have much the same story as your with only one deference. After six month we received paper work for a trial loan mod with a promise that if we kept up the new payments that we would be converted to a permanent loan mod. Did not happen. we just got another three month trail loan mod after months of sent paper work and a notice of intent to foreclose. So I think I need to get an attorney.
      If your are in California would send me the name of your attorney.
      Thanks
      Mary

  • Aleida Torres June 27, 2013, 8:17 pm

    I like to have more information where I can send my problem with BOA.
    Three year trying to paid my mortgage and never have a world from this bank.
    thanks

  • Sharon Herlihy June 28, 2013, 10:06 am

    My mom is senior citizen, 77 years old. We obtained an attorney to apply for the homes made affordable plan. We also jumped through hoops for over a year and was told she did not qualify. She is on a fixed income and there is NO WAY she didn’t qualify. Our attorney had never seen one go through with Bank of America. She said if they don’t approve you, they won’t approve anyone! Well they didn’t and they took her house in March of this year. I believe they really made sure that seniors who couldn’t fight back were never going to be approved. Age discrimination even comes from Banks. You can’t trust anyone anymore. I want my mom to join this lawsuit. I just don’t know when to do it. If anyone know, please advise.

  • Monique July 1, 2013, 1:37 pm

    How do you find more information on the suit? Please pass along any info. I’ve been going through hell myself for the last 4 years, attempted to force me into foreclosure, LIES, run around, etc. SO many of the stories above sound the same. It’s crazy how they did this to so many people. Keep fighting, it pays off!

  • Roberta McMahon July 1, 2013, 2:20 pm

    I was also a person that was run into the ground with charges and refusing my payments. Never able to reach the same person twice. I called on a daily basis and never really got anywhere. Finally, after about 3-4 years they sent me an agreement but not to the correct address (which they held the mortgage on – how sad). So, of course I could not return the package in time etc etc etc. I would like to be part of this suit. Who do I contact??? They put me through so much emotional turmoil, it was insane. All of the late charges and fees were tacked onto my balance. Please let me know who to contact? Thank you.

  • CHRISTINE July 1, 2013, 3:14 pm

    PLEASE I NEED HELP FINDING A SITE THAT PERMITS PARTICIPATION IN THE BOA CLASS ACTION LAWSUIT REGARDING THEIR FAILURE TO DO MODIFICATIONS AS PROMISED.

  • Billie July 1, 2013, 5:22 pm

    CHECK THIS OUT- FORWARDED BY MY ATTORNEY-
    Popehat/An Exercise of Prosecutorial Discretion by Ken White

    This just made my physically sick

  • Greg K Craig July 2, 2013, 7:41 am

    BOA never did take the CHARGES off that occurred during the 3-4 yrs
    they put us through hell….they sent us $500.00 another slap in the face.
    we expected them to at least forgive our loan..what an evil Bank!!

    Now I’m wondering, is this it, or should they be held accountable for how they treated us and all the others?

    Can anyone out there help?

  • mary mayo July 8, 2013, 4:12 pm

    I have been working with Bank of America for 2 years now and we just received our second trial loan mod, but the new trail loan mod comes with a notice that any foreclosure will continue. I also received a certified letter the week before, that was the bank notice of intent to accelerate my loan for the purpose of foreclosure. I live in California and We have a home owners bill of rights . I thought they could not foreclose while you were in the modification process. Is their a attorney out there that could help? If there is a class action suite I would also like to join.

  • Nancy July 11, 2013, 9:41 am

    I stumbled onto this website. I had requested a loan modification from my bank, not BOA, to reduce my interest rate. After playing the “game” of sending paperwork, them losing it, resending the same paperwork again, and again, them putting payments into the “escrow” account, hearing, “no decision yet, resending more paperwork, taking a year and a half, you all experienced the “game”, I was NOT approved for a loan remodification to lower my interest rate under the Obama plan, BUT, was approved, low and behold, by my bank ! I didn’t understand why I wasn’t approved for the government remodification but got approved by my bank. Reading this site, NOW I UNDERSTAND! Crooks…all of them !!!! Somebody made off with lots of money on this program and it wasn’t the borrowers.

  • Amy Downing July 12, 2013, 2:08 pm

    I’m need good information on BOA lawsuit actions in Oklahoma. I have a case were the Bank cashed in through a Hazard Ins claim after my home was demolished by ARSON. BOA has much more dirt to hide! I ‘ve been aware of this activity since 2007. ABOUT time someone started paying attention. I’m talked out and have resorted to logs and documentation. BOA should of put more thought into the people like ME that saves every fax confirmation, plus..etc. I am ready to attack. Any referrals on good Attorney Sharks? I want one asap !!!

  • Stuart July 15, 2013, 5:31 pm

    Bank of America has been trying to (sending us modification program information-also calling us) have us join the Hamp program–to lower our payments-but we are not late on our loan and we are not underwater-guess what-I believe that they would or are trying to deliberately mess up our payment history with this BS to bring us into foreclosure. We dont communicate with them-we just send in our regular payments.

    • Dolores July 18, 2013, 7:32 am

      Good for you!!! Keep up the good work….

  • Martha L Gutierrez July 17, 2013, 7:03 am

    A quien le interese Nosotros estamos hace tres años intentando negociar nuestro Mortgage payment con Bank of America. En realidad no hemos recibido una negociacion que demuestre el interes departe de Bank of America en ayudarnos a NO perder nuestra CASA. De nuestra parte hay toda la seriedad y disposicion para responder con pagos que obviamente se ajusten a nuestros ingresos, los cuales disminuyeron hace tres años atras , razon por la cual acudimos a esta modificacion. Hoy 07-16-13 11:54 am/ Ft Lauderdale estamos enviando un fax q nos enviaron de Trial Plan Bank of America y que encontramos muy injusto si en VERDAD se toman en cuenta nuestros ingresos.COMO pagar mensualmente durante tres meses $ 2,616,60? es como burlandose de nosotros ya que esta cifra es mayor a la del mortgage de $2000 dolares por el cual venimos negociando hace tres años.Nosotros durante estos tres años hemos sido constantes en la comunicacion con uds, cada dos meses estamos en contacto, respondiendo a todas las solucitudes, poniendo la seriedad de nuestra parte que requiere algo tan importante como es tener un techo para nuestra familia. POR FAVOR no destruyan nuestro sueño que con tanto esfuerzo logramos aqui los inmigrantes que dejamos toda una vida atras para empezar de 0.0 a rehacer nuestro camino en un hermoso pais que nos dio la oportunidad dignamente. Les agradecemos mucho a NACA por todo este camino juntos llevandonos de la mano, para no dejarnos desfallecer. Ustedes hacen una labor muy linda y Dios quiera que hagan realidad el camino de la felicidad de muchas personas que hoy estan apunto como nosotros de perder el fruto de sus muchos años de esfurzo y trabajo. Gracias Jose William Victorino Martha Liliana Gutierrez

  • Dolores July 18, 2013, 7:31 am

    My ex-husband and I first purchased our mortgage through Countrywide in 2005. Everything was going wonderfully. All mortgage payments were made on time and we were happy with our home and our life until BOA took over in 2009. That’s when all hell broke loss. They restructured our loan, they raised our interest rate and they refused us 7 time on a loan modification that was promised to us through Countrywide that we would be able to participate to bring down our interest rate after 2 years of sold on time payments which we did. When the bottom fell out my husband lost his job and I was held holding the bag of a higher mortgage payment that BOA imposed on us. It got to the point where I wasn’t able to keep up the payments. They still after 2 1/2 years of sending them bank statements, tax returns and other documentation that they asked for never approved our mortgage and then they turned around and sold our loan to Greentree Corp to take it out of their hands so they wouldn’t be responsible anymore. This new company told me I would have to pay $52,000.00 in order to keep my house out of foreclosure. Who in the world has that kind of money. That is almost half of what is owed on the on house. I was told there was a class action lawsuit for this particular kind of problem with BOA, but I don’t know who to contact to take part in this process. If anyone knows how I can do that please contact me at my email address of “deelaws1164@gmail.com” and put “I AM FOR REAL” in the subject line so that I know that it is not a joke and you are genuinely trying to help me contact the attorneys that are working this case. It would be greatly appreciated. God bless all of us that were hooked into this scam.

  • Beverly kirkpatrick July 18, 2013, 5:30 pm

    They promised, approved and then twice took my Load Mod away after they approved me, and then the day before they wanted to foreclose I filed Chap 13th, they tried to sell my house anyway and no one would buy it at the auction ,and now the house is not in my name but I still make the Bakruptcy payments and the court approved and confirmed the Bankruptcy they never showed up for any of the court dates, now a year later they want to have the bankruptcy dismissed the trustee is no help.. Liars they are all liars…. Then they called and said we can do a load mod and I said put the house back in my name , they would not..I can’t get Flood insurance or get my taxes lowered back I’m suppose to pay the higher taxes and let the hoseu in their name.. REALLY ??? I want to join this Lawsuit !!!!

  • Elsa Manzo July 20, 2013, 10:10 am

    We got our mortgage at the end of 2009, in may of 2011 my husband got hurt on job and his company would not except him on light duty so he got fired, no Severance package or anything, just his state disabity, we asked Bank of America for a loan modification because our income had dropped, they denied us, we fell behind, then after trying and trying they had us go through a 3 month trail period after the 3rd month, we received the loan modification papers that had to be signed notarized and returned with a cashiers check which we did, and even though our so called modification was $50.00 more than our regular payment we gave our monthly payments, well it’s been afew months and now we just received a letter saying we were denied for the modification. I don’t understand how they can do that to people and get away with it,
    I contacted a firm and they wanted $700.00 a month, I said sorry cant do that, the young lady calls back after about 10-15 mins said one of the lawyers had read my message and said they would take it for 500.00 a month, I said no sorry, so after about 30 min’s she calls back and says please don’t think I’m crazy, but the attorney’s here say you have such a good case and now they can win it, they are willing to take with no money up front except filing fees and they get their money when they win. And she said she has been there over 10 yrs and they have never taken a case with no up front. I still don’t know about this or maybe we can get this firm to turn it into a classaction lawsuit, but if anyone would like their information, I’ll be happy to send it “elsafmanzo@yahoo.com”

  • Mary D'Arcangelo July 22, 2013, 9:44 am

    How do I get to be included in this class action suit? Tried for almost 3 years to get a loan modification, as my husband lost his job and was out of work all that time. Finally got a job, but barely making more than minimum wage … all of our life’s savings is gone and we are hanging on to our home by a thread in the hopes that prices will rebound and then we can sell it. Jumped through the BOA hoop over and over again (didn’t get the paperwork, have to re-send, out of date, blah, blah, blah) … to no avail. End result “We didn’t show a financial need!” REALLY?! And, we were current on our payments (have no money for anything else). If I missed a payment, then they could reconsider. I said “If I miss a payment, then you can foreclose,” and the answer was “yes.” Hate Bank of America!!!!!!!!!!!!!!!!!!!

  • christy July 22, 2013, 8:11 pm

    I think it was wrong for Bank of America to accept money from the government and not help the people it was suppose to help . I also think that they intentionally are waiting for the interest rate to go up . the federal government was giving to bank of America moneys for struggling homeowners to help lower there mortgage payment …like { stay in your home} making homes affordable programs… ETC. Example .. they were given 65000 from the government to help a homeowner to stay in there home and lower there payments which never to our knowledge took place! ( Question did the bank receive the money how will I ever know , has this happen to any body else, is BofA still receiving funds for these programs please give me your comments . I have been trying to restructure my mortgage for 4.5 years . ALL those programs the banks it sad it stupid!

  • milton elston July 23, 2013, 9:53 am

    My nightmares started in 2010, I was trying to get a modification and was told several times by BOA they did not receive my paper work. After being foreclosure on in 2011, I received two letters from BOA saying they were still working on my modification. I need to sign up!

  • Sandra and Joe July 26, 2013, 8:29 am

    We too have been through everything you guys have and more. I bought a home through Taylor Bean & Whitticker who sold out to BOA. I paid $115,000 and BOA lost my paper work so they sent me a letter telling me not to make anymore payments until further notice but added all the late charges and came back later telling me I had to pay them $157,000 if I wanted to keep my home and all I had left to pay was $85,000 but I couldn’t catch up due to the late fees they had charged me from not letting me pay so they started with the loan mod bs and that went on for about a year with them needing more paper work or not having the correct paperwork and all the other excuses they give to just denie me and state with foreclosure crap. They served me four times saying they would be auctioning off my property but each time it got canceled due to them not having the proper paper work they needed. Then in July of 2012 they served me again giving me ten days to vacate my home but I receive the notice four days before the deadline. They told me it had been canceled again but lied so no one would be there to try and buy my home back so BOA started the open bid at $1500 with no one to bid against them so they walked away with it at that price. I had used one acre of my inherited property as collateral which they also took. I have a large shed on the test of my property which we moved alot if our things into due to short notice. BOA send there people to clean up the property with out surveying to see what they had taken so these people cut the locks on our shed and took everything out including shelves. They burned what they thought they could not use and the papers that they sent me to stop paying was some if the things they burned. They took $20,000 worth of things from our shed. Police were called and they told these people they were trespassing and the papers they had to do so were not court ordered but still nothing was done. I am now renting and I have talked to a lawyer who says we can start a lawsuit but BOA is a large corporation with a lot of money and my chances or slim so I have been robbed out of my home, inherited property, and $20000 of things that did not belong to them. My year to date is up in aug of 2013 so if anyone knows a lawyer that is willing to take this on or a class action lawsuit please notify me at 337-308-0148 or 337-308-7848.

  • Susanne Gray July 26, 2013, 2:20 pm

    I also did a loan modification and I was making my payments and bank of America still foreclosed on me. I have all of the documentation and I need to be included in this lawsuit because Bank of America really screwed up in my case. I need a review by someone who knows how to handle this.

  • Barbara July 27, 2013, 8:06 am

    I have been having problems with my account with Bank of America since 2003, when they wrongfully foreclosed on my property. Almost 2 years later they rescinded that foreclosure, but it has kept me from being able to do anything with the property. I’m, now, trying to sell the property and they are still causing problems, even though the account was closed and they have no record of it. They are not providing a lien release for me to move forward. I have all documents dating back to the foreclosure and need some help, please!!!

  • Don S. - Pennsylvania July 28, 2013, 8:48 am

    It’s been a while since I posted, but I haven’t disappeared, as I’m sure bank agents monitoring this site would like.

    TO ALL NEW POSTERS AND READERS:

    Please read back in this forum/blog AT LEAST one page to get and idea of why it was created in the first place AND what people have talked about to fight the bank(s). Simply click on “Previous Comments” at the top or bottom of this column of text.

    You may find information helpful, but you’ll also discover that things may not work they way you think and you’ll have to adjust your thinking to fight this thing.

    This is a war, and for the very roof over your head.

    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 as I’ve suggested, 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.

  • Vicky July 31, 2013, 10:35 am

    If there is a class action lawsuit against BOA I want to know! This needs to stop! We have been put through hell, and ruined our credit score! bartzvicky@yahoo.com

    • gloria sheldon August 13, 2013, 12:17 pm

      Vicky, Did you ever find anyone handling a class action suit against Bank of America??? Please reply.

  • John Ford August 3, 2013, 1:53 pm

    I was forced into bankruptcy due to BoA not helping me out when I got laid off in Jan. I filed twice with them to get help and was denied twice. So where do I get on this bandwagon at? I want justice done for what they’ve done to me and my credit score.

  • toni lambert August 6, 2013, 8:07 am

    I started with Bank of America and applied for the HAMP modification. They sold my mortgage and my nightmare continued. I have done 3 applications with the new company and they keep telling me that they expire because they do not have all the documents and I have to start over. I was told that my ex husband still owned half of my house even though I bought it through the divorce and had everything done with an attorney. The title company said that someone recorded documents showing that we own it together. Not sure who did that because he does not want it and now it has just made his credit a mess too. I have hired an attorney because the new mortgage company sued me. I then hired a court mediator that took my money sat with me for 3 appointments and numerous phone calls and e mails and then told me that the company does not want to work with me because it took me too long to get the information to them. I am self employed and the information that they want is done monthly so I have to wait til the end of the month as I keep explaining to them. I then went to court and was told that I lost because I did not bring an attorney because I did not have any money to fight. The attorney wanted $15,000. The judge told me that I do not get to speak or “slander” the mortgage company just because I did not want to pay my bills. I was kicked out of the courtroom. I fought for about 3 years and lost. I am looking for a new home now. I was never late on a payment until the mortgage company told me that I did not have to make payments because they would make the modification retroactive and I would be cutting my mortgage payment in half and could make the payments when the modification went through. Glad I did not give them any more money. I wish there was something that I could have done to save my house.

  • Kathleen Harrison August 6, 2013, 6:23 pm

    Except for a trial 4 month period from 10-2010 to 02-2011, (which failed) I have not had a mortgage since Oct. 2007. Is there really a statute of limitations!?

  • Thomas Ortiz August 6, 2013, 10:02 pm

    I have been trying to modify my Mortgage for 5 years (at 6.50), Bank told me I’m locked in and cannot change the Interesty rate. For a condominium in New Jersey. Have been suffering making payments at this high rate even though all rates have been going down,. I was turned down 2X. Tom Ortiz (have since moved to FL) but still paying for an empty condo, Kindly advise as to this lawsuit.

  • Thomas Ortiz August 6, 2013, 10:07 pm

    Was refused modification 2X by BOA, …. paying at 6.50 rate for 5 years. The Bank told me I was locked in and could not get a loan modification. I have since moved to Florida and am still paying for an empty condo in New Jersey at that rate. Kindly advise as to any lawsuit regarding this.

  • Betty August 7, 2013, 6:33 am

    BOFA/Countrywide have not tried to work with us in keeping my home.
    The only two modifications offered in 2008 & 2009 were really not mods. One was just a reduction in payment with a change in the interest rate from ARMS to fixed high rate and the other was an interest only. Each time past dues were added to be added to the principal (BOFA would not agree to any payments since 2007 and have filed four foreclosure suits. Am now in the fifth one and my home is up for auction sale. I have lived here 28 years and had to put the property in a sons name in 2003 and they have used him as excuses and also the Bank Mortgage Holder. Even when they were told that he had lost his job and was fighting cancer I was told I could do nothing.
    BOFA’ Reps met with me , called later and said they could nothing. BOFA did not want to do anything and every time I was given someone to work with in their company, it turned out to be a list of agents , It it was always passed to another one and the left hand did not know what the right hand was doing. My mortgage has been checked and is one of the fraudulent loans. Home is worth $153,ooo but BOFA, with their add ons now have it over $400,000. They will sell it at auction and put me out of my home but they will not make an offer , like a short sale to me, and honest to God modification or anything to help me stay in my home. But of course they are covered with all types of collections if they sell my home at a loss that they will get their loss back. Call and contact everyone you can, your Senators and Representatives, Banking Commission, Attorney General, State Boards, OCC. You name it and I have contacted them all and did receive help from them. I am now checking time limits on all of this as I have been fighting with them since 2007 with no help in sight. I believe their time is out and maybe I have a fighting chance. They know that the homeowners do not have the money to hire attorneys and they just do what they want. I will go down fighting them.

  • Betty August 7, 2013, 7:01 am

    Yes, I have all the documentation for everything that took place. I do know that the attorneys do not want to fight BOFA and you will also find that the Banking Commission of your state can file a complaint to BOFA for you but they cannot do anything else with them.

  • betsy August 7, 2013, 10:44 am

    I lost my home to foreclosure w/boa back in July 2010. I was three months behind and had sent payments which they “never received”; ok so I call to get the remod paperwork sent- 2 weeks went by and I didn’t receive the packet. Called again, told me that they had an overload of requests and that the computers had been down when I last called and it had never been sent. ok they sent ‘another one’- and they were so demeaning and just plain rude and nasty and not helpful but I didn’t give up. Well they foreclosed on my house after I’d just returned my FedEx packet… I didn’t know I could’ve stayed in my house I lived in for 13 years and sure wanted to keep… but when I called BOA the attitude came thru again and they said sorry Charlie we never received your packet and it’s too late your house has been sold. It was the worst experience ever and humiliating and I had to find a place within 2 weeks to move with my kitties. Ken C.(attorney gen) of Va. started an action years ago and I received a check this June/2013 for a whopping 3oo.oo to settle. I have folded up that check and put it in my wallet never to cash. Maybe just maybe that means that I will be included in the latest of actions against them. No one can do anything for me but I had to write to just get if off my chest. I feel like they just took advantage of my ignorance of the law and stole my house out from under me. I shared my experience with a co-worker who has a family and was threatened with foreclosure and told them don’t give up or let them intimidate you as they did me…. and guess what (they had been fighting since 8/2010) they got it done may/2013. So those of you who haven’t been intimidated out keep truckin’ because it is an experience you never get over;I still have yet to get over the loss….of course credit is ruined…and all the other repercussions that come with foreclosure. You never get over it. And I’m not a kid- I’m 60 yrs old!

  • Jon August 7, 2013, 10:52 pm

    Everything I have read gives a bleak outlook for any relief. Why don’t we get all of the B of A mortgagees to STOP sending payments until B of A decides to work with all of us. Everything is run by money! Cut the flow of money and the power starts to die.

  • Deborah August 8, 2013, 11:54 am

    We have just begun this process with BOA and it looks like we will be doing it for sometime after reading all of this. If there is a class action lawsuit please let me know. dleedsue@aol.com

  • Elaine August 8, 2013, 9:32 pm

    These jerks lied to people. They told me that I did not qualify because my house was not under Freddy or Fannie and I found out it was. I was finally able to to refinance with another company. I hope they get lawsuits on these. Check out other companies to make sure you have Freddie or Fannie if you run into this problem, look into US bank. they gave me an awesome deal but I already agreed with another company.

  • Abdelkhalek Elhadiri August 9, 2013, 12:57 pm

    BoAm has the nerve of try to forclose on my home.
    I have completed the forensic audit and all I found is fraud in their practices. Mostly TILA violations.

    If anyone retained an attorney, Id like to be part of the class action lawsuit.

  • Judy August 9, 2013, 6:28 pm

    I want to be part of this class action suit.

  • LEE August 12, 2013, 5:43 pm

    Judy,

    Thank you for your comments, these questions are for you…….
    When you went thru the loan modification, did you also have new loan
    documents that needed to be signed from you and a notary-like a new
    mortgage completely?
    How long after your loan modification approval did this happen?
    Thank you so much.
    Lee

  • Holton Warren August 15, 2013, 1:28 am

    i have been trying to get my home loan redone at BoA. they lose my papers you never talk to the same person, had 11 customer reps in 4yrs i like to be part of the lawsuit call at 386-643-7163 God will have the last say, and He will be herd !!!

  • Shirley Adams August 15, 2013, 2:04 pm

    While going through the process of modification on our home. Bank of America sent us a short sale notice for our home . They denied our modication saying, we didn’t complete the paperwork. We sent three modication packets in and then, fax them too. When you call them you never speak to the same customer representative handling your modication. My husband went into depression because they didn’t approve the modication; and, we had to go bankruptcy to save our home.

  • Robert August 15, 2013, 10:41 pm

    Robert August 15, 2013 at 10:36 pm
    Your comment is awaiting moderation.

    I received a government notice today august 14, 2013.
    The place to go with a complaint or problem is:
    SIGTARP. WWW: SIGTARP.GOV
    PHONE: 877-SIG-2009 (TOLL FREE)

    GOD BLESS And may BOA burn in H

    • darren buford August 16, 2013, 6:29 pm

      AMEN

  • darren buford August 16, 2013, 6:17 pm

    I have sent everything but blood to these lying, thieving, basterds the last time I had conversation with them, they said I was approved by bank of America for a modification, but wells fargo denied it.,i don’t understand what the hell wells fargo has to do with my loan to start with; ive been lied to over and over. ive been told that I made to much and to little. my wife almost died last year; ive been on unemployment,mounting hospital bills. work is starting to pick up but I think they are doing nothing for me or anybody else.

  • Mary D'Arcangelo August 19, 2013, 9:35 am

    How do you get included in the class action suit? My husband and I were given the typical BOA BS run-around trying to get a remodification due to his being laid off for almost 3 years, and then finally finding another job – but doesn’t even make half of what he once did. Have held on to the house by using all of our savings – f’ers said we “didn’t show a financial need”!!!! REALLY???????!!!!!!!!!!!!!!!!!! Please send information on how to be included – never was so frustrated in my life!!!!

  • Donna Wackerle August 20, 2013, 7:51 am

    Where can I get in on this Class Action Lawsuit. BOA told me I looked like a good candidate after accessing my finances and knowing my income and then told me a decision would be made in a few months and then dragged out the whole process for a year and told me in the meantime to only pay what I could afford. Then at end of the year, they said I did not qualify for the program and did an in-house modification and added on the money I hadn’t been able to pay plus several hundreds of other dollars for their misc charges and increased my note to almost $150 or more a month, which made my mortgage payment even harder than before.

  • RJ August 20, 2013, 2:54 pm

    I RECIEVED A CHECK FOR $3,000 LAST WEEK…. BIG WOOP! THEY STILL MADE ME HOMELESS AFTER PROMISING TO HELP MY BACK IN 2010…. HOW ABOUT GIVING MY HOME BACK??

  • RM August 21, 2013, 7:39 am

    Seattle lawsuit contact is Attorney Bonnie McCormick of Hagens Berman Sobol Shapiro LLP, the law firm which filed the action in Seattle which is now consolidated in MA, the consolidated action is limited to HAMP modification plans. Under HAMP there is a 3 month trial modification period. (HAMP = Home Affordable Modification Plan). at 206-623-7292. This is for those that were involved in the trial modification.

    There is another class action suit in TX filed for those

  • Shirley Crone August 23, 2013, 12:35 am

    Wow I just sent in the fed ex papers today for a loan mom hamp and now I am worried about having to deal with this crap someone has to stop them..

  • Polly & Virginio Perrotta August 27, 2013, 8:07 am

    I want a part of this law suit for boa we been dealing with 08 went bankrupkcy to keep our house and try the modification game with boa for years but they would not talk to us because we were in bankrupcy but when we were done with is they were willing to talk to about foreclosure or short sale please some one put us in this law suit . I’ve been reading a lot of the story they sound a lot like formiler some one has to do something .

  • ERDIEMAY ATKINSON August 29, 2013, 7:54 pm

    I WAS TURNED OVER FROM COUNTYWIDE MOTGAGE TO BANK OF AMERICA , BANK OF AMERICA TURN ME OVER OVER A PART OF MY DOCUMENT TO SELECT PORTFOLIO IN ONE DAY,BANK OF AMERICA DID NOT GIVE THEM ANY INFORMATION BUT I MAKE MY PAYMENT ANY WAY I KEEP ON PAYING THE AMOUNT THAT I WAS PAYING,I WAS OFFERED A MODICATION AS TO SAY THEY CAN LOWER MY PAYMENT, I CONTINUE PAYING AND THEY SAID DONT PAY AGAIN UNTIL SEPTEMBER FIRST,2013 THEY WENT THROUGH THE MODIFICATION, THEN SAY I WAS NOT QUALIFIED AND THEY CANNOT ACCEPT ANYMORE MONEY FROM ME. I AM SO CONFUSED I REALLY DONT KNOW WHAT TO DO, THEY JUST KEEP SPINNING ME AROUND. PLEASE HELP ME.

    • Robbie September 11, 2013, 12:23 am

      Select portfolios are dirty business partners of bank of America. It is a big scam. Boa should of helped you just like the government helped them. Boa transferred thousands of mortgages to select. Most were from customers who were not willing to get jammed from boa and their programs. Then boa published a nice boa lady smiling in the Washington post advertising help and a meating location. This was days after they dumped on thousands of customers who were under the understanding help was coming. Many customers would have been better off fighting it out with boa but boa muddied the water with their business friends and golf friends by transferring the service rights. Sps would not transfer these rights of service back to boa if you requested that. After 5years plus of this there is nothing honest about this system. If you sign any papers you will probably dig a bigger hole.

  • Joseph September 4, 2013, 10:59 pm

    BOA jerked me and my family around for 2.5 years. Then they said maybe I would qualify for a modification. Well its been 2 mos. now and they have not cashed my payment checks, go figure. How do I get in on this class action suit? They need to be stopped!!

  • Tami September 5, 2013, 4:37 am

    This is so crazy, As i read all these comments,, Where do we go, I also have had the same problems with BOA.. Like everyone else,, I feel like i wrote some of these comment. We do need help and where do we get it.

  • Don S. - Pennsylvania September 8, 2013, 10:45 pm

    Tami, Joseph, Erdiemay, Polly & Virginio, Donna, Mary, Holton, Judy, Abdelkhalek, Deborah, Betty, Thomas, John, Gloria and Vicky —

    Please see my rather long post above. There may be some options for you listed in it.

    The most important thing to learn is that a class action law suit is not a cure-all — and the lawsuit that started this blog/forum is only for residents of Washington State and is old news at this point.

    No one is going to ride in on a white horse and save you. You MUST learn and become pro-active saving yourselves.

    Sorry to be the bearer of hard news, but there are no heroes. You have to be your own hero.

    Four years later, I still have my home and the bank went screaming into the night, fed up with dealing with me and sold my mortgage to another company.

    Turn the tables. Bring the war to THEIR doorstep. Learn how this works in real life — not the Hollywood fantasy we’ve been spoon-fed — and save your home.

    Best of luck.

    — Don

  • Isabel S. September 11, 2013, 6:26 pm

    OneWest Bank pays 7 figures in mortgage fraud case: http://calcoastnews.com/2013/09/onewest-bank-pays-7-figures-mortgage-fraud-case/

  • DB September 16, 2013, 4:55 pm

    PLEASE,check my post that is located around June 13th. I think it will be worth your while. JUST CHECK IT OUT!

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