Homeowners File Class Action Lawsuit Against Bank Of America For Allegedly Failing To Modify Troubled Mortgages
A class action lawsuit was filed against Bank of America in U.S. District Court, Western District of Washington (Seattle), No. 10-00488, on behalf of homeowners alleging that Bank of America reneged on a promise to modify troubled mortgages as a condition to accepting twenty five billion dollars of federal bailout money, according to a class action news report at news.yahoo.com/s/nm/20100323/us_nm/us_bankofamerica_mortgage_lawsuit.
The Bank of America class action lawsuit reportedly alleges that Bank of America agreed to take part in the U.S. Treasury Department’s $75 billion Home Affordable Modification Program (HAMP) since it accepted bailout funds from the Troubled Asset Relief Program (TARP), but allegedly had an incentive not to modify loans because doing so might cause it to repurchase more loans, collect lower servicing fees, or assess lower default charges because fewer payments would be deemed late.
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I have been lied to and I took the names of the people that said I qualified for a MOD and then the day before my home was to be foreclosed on they said that they lost my paperwork, and when I filed Chp 13 they tried to sell my house anyway they were notify of the Chp 13 before the foreclosure date.. now my home is not in my name and the court approved my Chp 13.. Bof A ignored the CHp 13 when it was filed before the foreclosure date..Lost my Flood insurance because the house was not in my name per the Tax roll and they have my home up for sale even under the banruptcy…Where is the Class action signout in Dallas ???
File a complaint with the OCC. helpwithmyhouse.com
They responded to us within two days after the complaint was filed.
I pray that you get the help you need, because my complaint about “elder fraud” against BOA was never given any serious consideration. They just sided with the bank.
I’ve filed complaints with OCC several times. All they do is forward your complaint to the bank for the bank to respond. They are secretaries for the banks, paid for with your tax dollars.
Hi, The Bank will not do anything, and calling them is a waste of time! Get a “Federal” Attorney, But a loan Modifacation is a waste of time to. They will just have you Running around getting information for them. I told my Attorney I wanted to SUE BOA, But she said it would LOOK BETTER IF I TRIED TO WORK WITH THEM! BULL, I had told her it will Never happen. After she did all this Crap, They Offered me “A 3 MONTH TRIAL PAYMENTS ! This has been going on Since 2008! After this. She asked The JUDGE TO RELEASE HER AS OUR ATTORNEY BECAUSE I REFUSED TO PAY HER, AND I HAD INSISTED ON HER SUING THE BANK, AND IT WAS AGAINSTS “HER” PROFESIONL APINION! Stupid me, I told the Judge She does not know what she is doing. She Charged me Over $10,000, For ONLY LETTERS AND EMAILS, AND I HAD PAID HER $2,000, AND MOST OF IT WAS IN CASH, THAT I NEVER GOT A RECEPT FOR.
I TOLD HER I HAD A GOOD CASE BECAUSE IN 2008 & 2009, I PAID THEM $16,000 CASHIERS CHECK., AND 11 PAYMENTS OF $1,383.68, AND THEY REFUSED ANY MORE PAYMENTS, CLAIMED THEY WERE FILING TO PUT US ON THE “NEW GOVERNMENT HOPE PROGRAM”, BUT YOU HAVE TO BE BEHIND ON PAYMENTS, SO THEY REFUSED TO TAKE MY PAYMENTS. PLEASE DO NOT PAT THE THREE “3” TRIAL PAYMENTS IF YOU HAVE NOT PAID THEM IN OVER YOUR STATES “STATUE OF LIMITATIONS”. I HAVE NOT MADE ONE IN OVER 7 YEARS, AND SHE WAISTED TIME ON ASKING THEM FOR A LOAN MODIFICATION! SHE COULD HAVE FAULT THEM ON THIS, BUT SHE HAD ONLY BEEN AN ATTORNEY FOR 3 YEARS IF THAT LONG. NOW I HAVE NO ATTORNEY AND HAVING TO GO TO COURT ON JULY 14,2014. THAT FIRM LET HER GO, BUT WILL NOT EVEN TALK TO ME UNTIL I PAY THEM OVER $9,000, AND A $1,000 OF THIS WAS TO GET RELEASED AS OUR ATTORNEY, AND CHARGED ME MULI TIMES ON SAME DATE A CONFERENCE OVER $1,000! SHE SHOULD HAVE HAD OUR CASE DISMISSED, BUT SHE WAS STUPID, AND I WAS STUPID TO HIRE HER.
GOOD LUCK, AND MAKE SURE YOUR ATTORNEY IS WORKING FOR YOU, AND NOT THE PLAINTIFF THAT PAID HER OFF AND PERSUADED HER TO DO THE TAIL CHASING LOAN MODIFICATION, THAT IS A FRAUD!!!
I purchased a new home with an initial company in 05. Since that time until finally getting a refinance through another company, my loan was sold to different companies finally ending up with BOA..Once they had the loan in their hands I was immediately harassed daily because they changed the due date of the loan from different than what it was, and automatically put us 14 days behind on monthly payments…Mind you now, we were never behind any 30 day periods. we called and tried to get the payments back on to a schedule that we were used to paying all this time, and they kept saying that it was going against our credit if we kept the schedule that we were used to paying and not trying to get on track with the new payment schedules..Harassing phones calls and threats came in by home calls daily sometimes three a day and into the night asking the same questions…If we would make two payments in a month..They finally set up an escrow account for us to pay a bit by bit pieces into this acct. to bring the account up to date..We paid into this accout for a few months and never s the account satisfied to the point that was needed because they never applied it to the loan…
Mr. Gossett, our loan was sold to Bank of America by Country Wide and once all of the law suits started, BOA sold our loan to Nationstar and we tried to get a modification to reduce the interest rate only to be told each time that we did not qualify because we were not behind so we have been stuck in an interst rate of 9.5% every since and can’t seem to get any answers as to why. We were told by Nationstar that our loan was through a private invester and nothing else and still in this market with rates as low as they are, we can’t get help. We call to find out about the class action law suit and another dead end.
My fight with BOA continues. My situation involves an unsecured line of credit. We are in a battle about the interest rate they lied about. I’m refusing to pay anymore interest. I’m waiting for them to sue me, but sofar I haven’t heard a thing. If they go to court, they will have to admit how they have defrauded me.
same exact thing happened to me…
I read a few days ago, that a judge ruled against our being able to proceed with a class action suit against BOA, as “the circumstances were all too different!” Really???????????????? Sounds like everyone was put through the same BS as me and my husband were. So, all we’re doing is venting, but there will be no resolution. Just like right along with BOA. Judges (and all our politicians – except Elizabeth Warren) bought and paid for by big banks of America!
Mary, I sympathize with you. I have been through hell and back not only with Bank of America but with our crooked UN-justice system. I filed my lawsuit pro se in December 2010 and after dealing with discovery, motions, depositions, dirty tricks by BofA attorneys and everything else you can imagine, the judge decides to throw out my lawsuit in October 2012, exactly two weeks before trial. The judge granted Bank of America’s summary judgment even though the documentation that they filed with it only further confirmed the fraud committed against my husband and I. I appealed and that was a total waste of my money and time as well. The federal appeals courts (especially the 11th Circuit) are all bank-friendly as well. Now, Bank of America is in the process of foreclosing on us even though I have massive fraud throughout my loan. It has been impossible to find a good attorney to represent us. The judges, attorneys and politicians and all in on this racketeering scheme. Email me anytime at Isabel-1229@hotmail.com.
Where are you located?
Call Starr Law firm. 1-888-395-4838.
File a complaint with http://www.helpwithmyhouse.com.
Both have helped me
I sympathize with you Isabel I feel the same way. My husband and I applied for a loan modification with BOA . We were told by the BOA representative that we qualified for the modification. We submitted the paper work, also got consumer credit counseling involved to help with the paper work to make sure everything got submitted. The BOA representative would not return any of our calls to ensure that they received all documents. We left several voice messages with the representatives, and supervisors,and we could not connect with anyone for weeks. When we finally made contact with the initial representative he told us that the document we faxed were sitting on the fax machines for weeks. Then later we call to get an update he told us that the property went into a short sale. I asked him how did our property went into a short sale without our permission, he stated he did not know. Then he told me that the person who can get it out of short sale was out for several days so my application was not processed in the proper time requirement because the employees of BOA neglected to processed our application and therefore our home foreclosed in 2012. I spent the entire year of 2013 filing appeals to stay in the home. After tiresome days and hours of researching information. and spending money on postage to make sure the documents reach the courts in a timely manner. We spent a lot of time trying to learn how to how to submit an appeal. We could not afford a lawyer, so we had to do this pro se. Making several mistakes , and had to resubmit the proper paper work over and over it became stressful. January 15 2014 We were forced out of our home we had lived in for 18yrs. We was only 3mos behind in mortgage. My husband and I was both self-employed, and when the economy went bad, business became very slow and we got behind in our mortgage . We made several attempts to make payments to catch up, but BOA would not except any payments unless it was the total amount due. We only was behind 2,250.00 Can you believe we lost our home of 18 yrs for 2,250.00. We are hard working citizen, Christians trying to live a decent life, then you have deceitful people working in high places with power to make unlawful demands waving money under their employees noses to get them to do all the dirty work. See they are still living in their homes and enjoying the luxuries, but there is a higher power then satan and his imps. GOD sits high and he looks low. They may be getting by, but they will not get away. The effectual fervent prayer of the righteous availeth much (James 5:16:KJV
I have been trying to get a modification since Feb 2014. I have become very disabled and unable to work. I give every cent of my social security to BOA to be able to keep my house. I am very upside down. Everyone tells me Obama says if you are strugeling to pay your mortgage and are upside down you are entitled to this . My friends have gone to other banks and sat down with them done the paper work and gotten their modifications. This is stupid from the start. You have to deal with people in California. I struggled to get the paperwork done in their time frame with NO help. The account manager is NEVER available to speak to you. I had a letter from my doctor for the hardship. They have run me around which is very difficult for me I walk with a walker and cane. I have done everything they asked for except they said I needed 2 things. Then they found they had one of the two. They were to send me the one paper they say I need to fill in the two lines but I have been waiting 6 weks and many phone calls for this until they now say they aren’t processing it any more because I didn’t send the paper. I’m sure you can see my frustration . ALL I can do is hope and pray I can find someone that will be kind enough to help me with this mess. Thank you for listening. I hope to hear from you. My email address is dianeeldridge220@yahoo.com
I read your story. how horrific? what was the outcome? ever able to get justice. they are stealing houses thru totally false property tax records they made up stealing homes that were paid for 30 years ago. meanwhile, all the rich are committing billion dollar crimes and no jail or punishment; just pay a fine form the bezillion dollars…much likely illegal gain monies while stealing homes form the innocent.
We are going through the same thing, and I started with an attorney representing me, but as we all know, even when you pay them, they do not represent you.
I have been jerked around continuously. Lawyers will do anything for money.
I took deposition from a BofA representative recently, and in 2 hours, he deflected every question and was not aware of any notion and knew nothing. He was a professional deposition taker for BofA. He would make a good president or Senator some day.
I should have added my email address if you want to help or to help me and all of us who have been screwed the same way.
actualideal@yahoo.com
Please someone help me. Im a divorced mother of 3 children .Ive been trying to get a modification for Almost 2 years now. Ive been through as many hoops as I can go through, emotionally this is taking a toll on me. I have a huge notebook with names and numbers,now no one will talk to me to let me know where my loan stands. I want to keep my house.
call Clearpoint Financial Services…they are great
They had me move back in after. 3 years
And kept promising a mod only to come back with not eligible. Who do I contact ? It’s been 6 years DVD I finally have a ” internet sale date ” smalzmail@aol.com
Hang in there! I am a widowed mom of 2. It took me over 2 years for them to accept me into the process. They kept saying they lost my paperwork. I kept copies of everything, people I talked to and the date and time of all conversations. I was finally approved but in the meantime I had to file Chapter 13. My lawyer helped me! I got my 2nd written off. My principle amount reduced by $120.000. 6 months later my loan was sold to another company. Hang in there! I live in California.
BofA was “Modifying” my mortgage and when the payments were made they would send them back with a letter stating they could not accept any until the modification was complete. So I held onto every check (uncashed) they sent back. Soon there after it was scheduled to be sold at the courthouse a week after the notice was received. I was 1 (400.00) payment behind when I started the modification to scrambling to borrow from family and friends in excess of 9000.00 to redeem my home on the court house steps. The funniest part is BofA negotiated a majority of the modification with my sister and nephew who even signed my husband and I’s name to the paperwork without our permission.
The home was modified and paid off then 2 and a half yrs later and I have yet to receive the paperwork from the modification that was worked out.
Everyone, please do your best to not get a modification if there is fraud on your loan (most do). Bank of America and other big banks use it as a tool to restructure your mortgage and start fresh. By modifying your loan you are entering into a “new” loan with “new” terms, etc. They do this so they can have you enter into a “new” loan contract therefore forfeiting your rights to sue or defend yourself in court regarding fraud on your previous loan. New contract, clean slate for Bank of America. About 2 months after I lost my case in appeals I was sent with a foreclosure threat but I had just sent them a QWR the day before. Conveniently, they have now sent me a loan mod package stating that a third party rep will be coming to my house to get me started in the loan mod process. They can stick this loan mod offer where the sun don’t shine!! BofA is very aware of the massive fraud on my loan and now they want me to start a new loan with them via a loan mod so that they can cover up all the fraud that has happened since my original loan was initiated. Do not fall for this loan mod trap!! Hold your guns and keep fighting!
What is the fraud on your mortgage? Just curious as I am dealing with some issues with BofA as well. They are criminals and I would like to know if are issues/fraud are similar. Thanks.
Matt, they are criminals indeed! I have a lot of fraud throughout my loan which includes the origination, pooling and servicing. TB&W was my original lender. It seems that TB&W’s FHA loans were held by Ginnie Mae as in my case. Ginnie Mae’s intention on what to do with these loans which were fraudulently serviced and originated by TB&W was very clear. In Ginnie Mae’s Risk Assessment and Cost Modeling Report which was submitted to Congress, it is very clear that they wanted to foreclose on these loans ASAP. I, along with other TB&W victims, were set up to fail and we were not even aware of it. This report states in part: “When a borrower defaults on an acquired mortgage, Ginnie Mae seeks reimbursement from the federal agency that insured or guaranteed the mortgage. In some instances,
some mortgages that are in pools may not be insured due to fraud or error.
According to its 2010 financial statement, Ginnie Mae determined that about $4.5 billion
of the loans in the defaulted issuer portfolio, including those from Taylor, Bean & Whitaker
Mortgage Corporation, were delinquent. Ginnie Mae used its reserve fund to buy these
mortgages from its MBS pools and now owns the loans; however, it expects to recover the
majority of these funds through foreclosure and filing claims with FHA. That is, as owner of
the loans, Ginnie Mae can conduct foreclosure proceedings on delinquent borrowers and
file claims with FHA to recover the insured portion of the mortgage not recovered during
foreclosure proceedings”. You can see the full report here: http://www.gao.gov/assets/590/586247.pdf
This is a clear indication of fraud committed by not only TB&W but also by Ginnie Mae. In addition to the fraud on my loan which includes securities fraud, Bank of America consistently committed fraud in servicing my loan. They stole money from my escrow when my loan was transferred from TB&W to Bank of America; they misapplied my payments and lied to the AG and other governmental agencies that they had fixed my payment record which continues to be a lie to this very day; they mislead me into defaulting on my mortgage so that I can qualify for a loan mod which was all a fraudulent scheme from the start; they filed a fraudulent AOM on my property almost 2 years after the transfer took place (this AOM not only contains forged signatures but MERS loses their rights once a mortgage company goes into Chapter 11 bankruptcy); my Note was endorsed but contains a forged signature for the endorsement….. and I can go on and on regarding all the fraud on my loan. Feel free to email me at Isabel-1229@hotmail.com.
I had a loan audit done on my morgtage and they found 19 errors / fraud on BOA loan, however the bank was able to get all charges dismissed. I had hail damage over two years ago and the bank has made every excuse not to release insurance money for repairs. In the mean time prices have increased, also more damage and mold has occurred! I intend to keep fighting those s.o.b.’s.
BOA told me I had to accept a payment that was way to much me to afford . Told me this was the first step in getting a mid. I would not sign anything. After 6 years! 3 heart attacks a strickter and other countless stress illnesses I finally have a date. They kept calling me telling I was still responsible for the house. Moved back in after the house was empty for 3 years. Can’t afford an attorney . Was told by a few differnt attorneys they’ve admitted wrong doing on my loan, ” this is a slam dunk lawsuit” I don’t have 5k to pay but am willing to split the outcome!
Hi Isabella, I didn’t complete a modification and getting teamed by everyone, our house is up for sale next week. I was wondering if have any advice on how to deal with this? I spoke with a couple attorneys but they didn’t seem as onfident or gung ho as they did about the retainer, that if I had would make 4 months of mortgage payments. Anyway you seemed as passionate as I about not jumping to mod or the approved agencies that you don’t pay but can disclose everything to serbicer lender neighbor preacher if needed, and all the realators want short sale $ and don’t know as much as I. Anyway would like input if you or anyone has persued the fraud or show the note and what outcomes in California? Is it advisable to send letter to trustee, recon trust and bofalisting some of the fraud evidence I will use to file case and other options such as BR and make them offer I would consider to avoid legal proceedings and remaining in home indefinitely, or is that just really dumb, I appreciate any do’ donts and input
Claudia …
Please see my comments below.
Best of luck.
That is exactly what happened to us! Restructured the loan rather than loan modification according to the collection agency Seterus!
P.S. My original loan is with Taylor, Bean & Whitaker so it is engorged with fraud. My loan was certainly sold to multiple investors at a time and now Bank of America wants to cover up the fraud. Bank of America has wanted to quickly foreclose on all TB&W loans since they took over as servicer in August 2009.
The LOAN MOD DEPT stalled me for 2 yrs. Then I got a B of A harp new loan FINALLY FROM THE REFI, NO INCOME QUALIFER . I am not behind on any payments.
There is a program I joined. It defends against actions that are not fair to the public us. It ends loans from the lender B of A or other lender and cuts it in 1/2 NO interest. If interested email me at buysellsuccess@gmail.com. I read there was a class action re the terrible service of b of a but judge ruled that the 26 cases was not a class action, needed separate filing. MAYBE 26 IS NOT ENOUGH FOR CLASS ACTION FROM DIFFERENT STATE PLEASE EMAILME IF YOU KNOW OF A CLASS ACTION FOR DELAYED REFIS
Federal suit filed in Colorado by three homeowners. RICO (racketeering) violations …
http://www.charlotteobserver.com/2013/07/11/4159493/bank-of-america-accused-of-racketeering.html#.UkiBRbz1u9G
bank of America was suppose to help us get a loan mod. but all they did was put us on interest payments that did nothing for us paying off the mortgage now they say we are behind on payments and we did as they told us to do now they have handed us off to someone else who wants to foreclose we hired a law firm who was suppose to help us get the loan modification and it has been over a year we have paid this law firm and still no results so where do we go from here we do not want to loose our home so what good did it do for Oboma to pass this law it has not helped us at all
I am going thru hell with Bank of America with my loan. Very bad customer service and no help. They do what they want and do not want to help and everything is a lie. They reported false information to credit bureau and do not want to correct their mistakes. How many different managers and employees I have talked to and no help. Do not want to have my loan with them.
I was fortunate enough to be included in a class action law suit in California that was approved by the court October 2013 and no appeal from BOA. But now I’m in another battle with them about my line of credit with them. I caught them in a scheme to scam me out of over $10,000.00. I have filed complaints with several federal agencies and just filed my last appeal with one. Since I couldn’t afford a lawyer, I decided to stop paying them and let them take me to court. It was an unsecured loan, so there’s nothing they can take from me. This is called “debtors revolt.” Once I discovered this fraud, I told them I would never again pay them anything. They are an army of crooks preying on the 99%. Much of their business is about “Skim, Scam & Scheme.
DO NOT do modifications please. BofA just extends the number of years and tags on what you didnt pay. I should have let go of my condo; now Im stuck init with a third party “financing co”.
I was denied 3 times for a loan modification on my house. The first time I did not have enough income. The second time me and my son income was not enough. I was also denied any kind of workout plan even though I knew I qualified. If you were unemployed you qualified, If your home value is less then you owe.
This is the first time I heard anything about a lawsuit against bank of American.
I have bben working with BOA since January for a loan modification and they been working against me by losing my paperwork then blaming me for not receiving the documents in time. I faxed my 2012 taxes 4 times since March…they have not changed. Then the Home Affordable Act.gov said they can only help me if I am at three months behind and recommended I stop paying my monthly mortgage…so I listened. Now I am so behind I can not pay a dime, meanwhile, HAMP keeps referring back to Bank of America. So much for receiving assistance from a government agency. I do not qualify for HARP since my loan is not backed up by Salyy whatever and Freddy Mack. At this point, they can have the house. I am exhausted. I will go and live on other people’s taxes since I will be homeless. Thank you Bank of America…Thank you US government. I have no idea where my daughter is going to live.
we were doing the hamp process when bank of America sold our loan.
we are trying to short sell our home. we are jumping through hoops
and not getting anywhere. the new mortgage company will not work with us on our problem. we have had the home sold since march 2013. we moved out in august. we are now paying utilities in two places
help how do I get in on the lawsuit.
I also am being treated badly by Bank of America. I turned in paperwork three times, one which they said was incomplete but wouldnt tell me what I was missing since nothing was missing, 2nd time it was lost amd third time they ignored and turned us over yo Nstionstar, a glorified big bankster debt collector!! I nownhabe a lawyer trying to fight for us. And all over ONE PAYMENT behind!! Shame on them!!
I am also interested in filing suit for failing to act upon my loan modification for over 3 years. They lost my paperwork and payments twice and finally when I complained to helpwithmyloan.gov they decided to sell the loan. Now the balance is 15k higher due to accrued interest. I am looking for a class action lawsuit or an attorney to take my case to pursue bank of America and it’s negligence.
I also lost my home to boa and also was in a modification for 3 years which they told me would take 90 days. These bank’s need to pay big time, after all the bailout money they got, and got paid by fanny may and Freddie mac for all the foreclosured homes.
I am also interested in filing suit for failing to act upon my loan modification for over 3 years. They lost my paperwork and payments twice and finally when I complained to helpwithmyloan.gov they decided to sell the loan. Now the balance is 15k higher due to accrued interest. I am looking for a class action lawsuit or an attorney to take my case to pursue bank of America and it’s negligence.
Ive been dealing with boa for 5 years.they gave me a Mod for 3 months then extended it to 7 months,They then told me it was denied,I then made 8 months of payments,all ahead of time,Then they stopped accepting my payments and will not give me a modification or any offer,They lost in court,judge threw out foreclosure,Went to modification arbitration,they threw it out because I contacted attorney general in NY and complained,# years later im still here and still fighting,Waiting for new court date in supreme court,were they already lost,Which means Ill have grounds for appeal,and I will.
We need to call them by their correct name which is BANK SCREW ALL OF AMERICA !!! I too signed up for a MOD which our papers were lost as well as everyone else in the world. I took name, numbers, date & even the times I spoke to customer service a billion times. They waited 6 mths after MOD was supposedly completed before they called to say our home is being foreclosed on. Luckily we refinanced our mortgage with BB&T who is here locally in Texas. I will never do business with BANK SCREW ALL OF AMERICA & strongly believe they should pay for the way they do business.
I tried to modify my mortgage or a Short Sale five different times and each time, something fell through the cracks and ultimately resulting in a foreclosure. My credit is ruined and I having trouble landing a decent job because of my credit history report. I’d like to join the class action suit if given the opportunity.
I am reading about all the things B of A has done to everyone and my self, But where will it end and how do we stop them? I am so tired of them ( B of A) telling me I did not send papers in or I did not answer my phone and all the other excuses they come up with to not qualify for a modification on my home . I have been trying to get one done on my morgague for 3 and a half years. What can be done ??? How do we stop this monster!!!!!!!!!!!!!!
old west justice is the only way out they steal ur horse u shoot them nobody cares about u u are the only one that can make a diference ar 15 ak 47 only way out yes hard to believe we are too many but too weak next they will take ur money july 1 new currency law check infowars good luck and god have mercy on all of u
I tried everything to save my home. When I talked to boa it was always someone else. I thought I was getting a mod but then it turn into short sale and I got no money like the they said I would. I was going thru divorce and being 61 really got hurt. It was all lies , I could have got a mod if they had not lie so much.
Boa owes a lot of people.
Have anybody had any luck with boa lawsuit ..need help in Texas
the most fradulant bank filled with people who dont know what they are doing,and in some cases know exactly what they are doing. Its disgracefull that they are allowed to continue to get away with this.
they are continueing to practice their fradulant practices how sad
I need info to join a class action lawsuit for loan modification from Bank of Amereica. Please help me.
I have been trying to modify my loan with B of A and now they’re selling my home to another servicer! I’m in the process of getting help with Keep Your Home California. Will this change affect what I’m trying to accomplish? I also heard that B of A employees were being given money to NOT modify peoples’ loans!! I would be part of suing them, in a heartbeat.
Selling my loan not home!
My loan was with TB&W. I deferred one month note but paid it in six months with my regular payment, however it was entered in incorrectly??in TB&W system. It took a year of calling, sending copies. Of docs and cleared checks. They admitted mistake, sent letter of correction. BUT boa took over.and refused to accept it. Ihave gone thru hell, diagnosis with breast cancer.and was still trying to fight. BoA constrictor.bank
I am now homeless. BoA reconstructed my loan to original price I bought home eleven.years earlier. Screwed twice. TB&E and BoA constricters.
BOA is a joke. I separated and moved out of my home with two kids because I was afraid of being thrown into the streets. At the time I wasn’t educated well enough on the modification. BOA guaranteed if I were I occupy the residency they would assist me in completing a HAMP package. What a HUGE mistake! I moved in (breaking my lease at the new place) filled out and submitted all required paperwork. Made payments on time and a year later my modification was approved putting me in a deeper hole. Let’s say, oppose to them forgiving the past balance, it was added to the back of my loan, so instead of only owing 147, my new loan was 179k; mind you the house was only worth 85k.
I made numerous of calls and I was continually transferred from department to department until disconnected.
What is America coming too?? Let’s just say I had no choice but to file a chapter 7.
WE WENT THROUGH 5 YEARS WITH BOA AFTER 5 YEARS THEY MODAFIED OUR HOME THAT WE PAID 123,500.00.NOW WE OW E 204,000.00.iAM NOT GOING TO LET THEM GET AWAY WITH THIS.i HAVE ASKED AT LEST 5 TIMES FOR MY ORGINIAL DEED.THEY TELL ME IT IS IMPOSSIBLE TO GET.BECAUSE COUNTRYWIDE HAD IT.DIDNT BOA BY THE MORTGAGES FROM THEM.WHEN I FIND A LOOP HOLE I WILL CERTAINLY POST TO ALL.
My apologies for taking up space, however it appears “normal” for new posters not to read Previous Comments, so it’s probably best that I post this on this new page.
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 –
http://www.hud.gov/offices/hsg/rmra/res/reslettr.cfm ftc.gov/bcp/edu/pubs/consumer/homes/rea10.shtm
Samples of letters can be seen (copied) here –
http://www.nololawlibrary.com/foreclosure/7-2d.shtml
foreclosureindustry.com/2009/08/qualified-written-requests-respa-and-mortgage-servicing/
http://www.scribd.com/doc/11903044/Respa-Letter
Insert your personal information, rewrite the opening paragraph(s) to describe your personal concerns, and customize the “demands” to your own case, preferably with the help of a lawyer 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 –
(Frankly, I haven’t updated this in a while, so some names may be obsolete. Simply Google the office or politician for current information.)
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.
My wife and I would like to be add to this all we did was fight them we were 3 months behind because of my Disability and they did not care one bit told us to be out in 2 months so we were left the house in great shape with in 6 weeks they had it sold of corse they leased out to them for the to months and tried to pay us off not to tell so I still had the keys called the cops they put it in the garage the electric was in my name and water at that time it was still mine because I kept hearing give me a couple of days so a couple of weeks when the new people moved in they broke are frig and dish washer used it at a washing machine they were both bought by me I tried to fight the bank and got sol.
What good will it do, rich getting richer and the poor doesn’t have a chance in this world, but the bible says to humble yourselves under the mighty hand of God, that He may exalt you in due time, casting all your care upon Him, for He cares for you.
My husband had a loan with Bank Of America previously with Country Wide who sold it to them. But made every payment on time for 6 yrs. And then we went to sell the home and not one buyer would look at our house for consideration. We had reviews over and over saying the house was overpriced and we had it priced to sell so we thought, it was down to what we owed for a year. So we got a realtor and asked about a short sale. We filed all the paper work and jumped through hoops to get the short sale paperwork approved. Then the next step was to get an offer. We had the house up for an additional 6 months and lowered the price on the house every few weeks $5,000 at a time. We finally started getting attention. We got our first offer $40,000. We owed $129,000 ($105,000 to BOA and the remainder to a little bank called Green Tree) (80/20 loans). We knew that was not going to be accepted. We had it listed for $80,000. We got another offer the same week for $65,000. We submitted that one to BOA. It was rejected and countered with $115,000. The buyer walked. We left price the same for a month. During that time we received another offer $75,000 and they offered to pay there own closing costs. BOA Rejected and said $115,000 as counter again. This buyer walked. Then we got an offer for $80,000 and this buyer offered to pay there own closing costs AND put $15,000 down and finance the rest through BOA. Then BOA Responded with $105,000 as final and best counter. And this buyer responded with a counter $80,001 and they pay own closing costs same $ down and same finance. BOA Rejected there offer. We were so upset, the realtor was upset, buyer upset. We asked the BOA Joe Mijares | Asset Manager
Short Sale
6200 Tennyson Parkway, Ste. 110
Plano, TX 75024
Direct: 214-705-2540 Ext: 42540
how are we approved for a short sale if BOA is not willing to short sale it. They said the feel the value of the home is more than what all of the buyers feel. I said its not worth more, I have no idea where you feel it is. But our offers are being denied with no reasonable counteroffer. You have made 3 good buyers walk, 1 buyer we never even informed you of because of how low the offer was. These were reasonable good offers. The house was not in the best condition it was very old and had many issues. Built in the 50’s. Long story short Joe said they could not accept any offers unless they received what we owe in the house. Took him 6 months to tell us this. And we said nobody in there right mind will pay that. He said our next step is deed in lieu of foreclosure. Which means we give the house willingly. So he gave us no choice in the matter so we filled out paperwork to get $money as reimbursement for leaving the house in clean condition and not damaging property and giving them the house. So we faxed all documents, called to get verification they received and they did. 3 weeks go by and we hear nothing so I call them, they didn’t know what was going on. So we called Green tree and they informed us they never received the paperwork from bank of America for the deed in lieu of foreclosure and our house is forclosing tomorrow 02-14-13 HAPPY VALENTINES DAY?! Not so happy! Very mad, I called BOA and they said sorry there is nothing we can do at this point we assumed green-tree got the papers. But they never responded to us so now were foreclosing your home nothing you can do at this point. You will receive nothing for your home. And if you have any belongings in the house you have 12 hrs to get them out. We had to leave our belongings we were not even in town to get our stuff. But they didn’t care. This is illegal on so many levels. We are MOST upset we have a foreclosure on our record when we were approved for a short sale and were never allowed to complete one. THE KICKER. 5 months after our home foreclosed, the SAME PEOPLE who made the offer, went back and purchased our home from the bank for $85,000. HOW IS THIS LEGAL. WE want full access in a lawsuit whether we need to do it ourselves or be apart of a class action. They need to pay for what they did to us.
please help me! i was a victim as well. I lived in Virginia and lost my home.
My loan was originally with taylor bean and whitaker we did not even know that our loan was transfered. We had still been sending payments. I got a certified letter from BOA that said my home was in forclosure. Called and waws informed they were the new mortgage company. It all went downhill from there. We ended up filing chapter 13 bankrupcty to be able to stay in our home. When we filed the attorney found a so called another loan from boa in the amount of 25,000 that is supposibly a second mortgage we never got a second mortgage out. Anyone else have this issue? I would also like to be incfluded in any lawsuit. Also when we did try for modification it was a complete nightmare I worked with a local housing agency and they magically misplaced everything we had sent!
I havebeen trying to get my mortgage mortified for a long time ,since the market crashed and everytime I sent my papers in they told me that they didn’t get them but i know that I did because i made copies of them each time and right now I am still fighting with them about the modification so can someone out there help me.I am trying to keep my home.I am suffering from scaradois which is the sister to lupus, i have tried to reason with these people and they tends to ignor me and i thought this was suppose to help the people who needs it.So please give me an answer about what I should do.
File a complaint with helpwithmyhouse.com.
I have been with Bank of America since the early 60’s. I took out a home equity loan that seemed to take forever. I did everything on my end to expedite this matter only to find the people working the loan were in another state and making me wait over three months. Every time I made a contact with them to check what was taking so long their answers were the same each time. The closer will contact you in three business days….well three business months later and me calling them every week as to what is going on? I then get my loan. If this is how a customer of over 40 years is treated…that is not good for any business. It’s time to re think how and whom we bank with. Bank of America gets an D- for poor customer service.
BOA had me going to conferences and forums, filling out modification applications in 2011 and 2012 and they sill denied me and foreclosed on my home April 2013…they gave me false hope.
I need help an advive we lived in our house over 20 years an did a REM an they sold my house an cashed my checks an put money in different account that they claimed they couldn’t assess so called it frauld an sould my house me my wife an kids had to leave an there so much more I have copys
I tried for two years to get a mod. loan from Bank of America, but after losing my paper work 8 times plus losing my pass word 12 time I contacted Freddie Mack by mail and told them what was going on. they call me with in 7 days, and after seeing what I have been going though they made B.of A. MODIFY my loan. they told me that if I hear of anyone else having a problem like this to have them contact the company that own there mortgage. the companies that own the loans does not want to represses, find out who own your loan and contact them. they will help.
Mike, some people are not aware that the loan modification by Bank of America was all a fraud and that you were not even sending paperwork to these crooks, you were sending paperwork to outside vendors such as Urban Lending Solutions and Carlisle & Gallagher, just to name a few, which were not really even trained properly to handle mortgage situations. However, they were trained to lie and delay as much as possible in order to ultimately deny your loan modification. I was not aware of how deep the rabbit hole goes until recently. I was contacted by Bloomberg in November and they did a story on me but honestly, I had no idea about this scam until 3 days before the article was released in December 16, 2013. Bank of America had these decoy companies impersonate them and use their stationary. I had a “fake” BOA representative not only lie about my loan and loan mod status, but also forward this fraudulent letter to my AG, Congressman and the OCC. Due to the lies in that letter, which was not even from Bank of America, the OCC dropped the investigation in my case. This is deceitful and criminal. I was a victim of massive fraud along with others. If you would like more info about this scam, read the Bloomberg article here: Secret Inside Bank of America Office of CEO Stymied Needy Homeowners bloom.bg/1dgHmso via @BloombergNews.
Can someone please call me on this subject., I am out of my house and a leagle procedure never event took place. I was making payments on my 15 year residence when BOA started a modification..process and co.tinued until they pulled off an illegal by TN laws sale of my home.
How is this even possible!!!!
Where can I go to sign a lust on the class action suit.
I have a box full of evidence that this process was bad!
Please call me about the Boa mod class action law suit.
I have been denied modifications from BOA at least 4 times. I have been made promises about late fee waivers that turned out not to be true and caused my credit to reflect late for almost a year. Then they started calling me 3 to 6 times daily and emailing to the point I asked not to be called with any correspondence. I continue to struggle with my mortgage but am stuck because of late payments I cant refinance to a fixed rate and BOA continues to deny modification.
Approximately four years ago I started a loan modification process. BOA approved a payment reduction and signed the paperwork. They signed the paperwork and are currently accepting my payments, putting my payments into a Unapplied Funds account, and paying my insurance and property taxes out of the funds I send them. Meanwhile they keep sending me past due notices for the old payment amount, will not give me a 1098 for interest or taxes paid and have told me that the penalties and interest charges are still running on the principal balance. I have talked to them until I am blue in the face. My lawyer has not been able to get them to give me a statement or even acknowledge that they are screwed up. Currently my statement balance shows a balance owed of $257K, unapplied fund of 112K and a escrow account of a negative 11K. They tell me the modification is done, but refuse to finish. I also get foreclosure threats as well. I am in Nevada.
Petition Link: http://www.change.org/petitions/bank-of-america-stop-trying-to-evict-veteran-with-kidney-disease-heart-disease-and-brain-damage#
K. I. S. S. Keep it simple stupid, protect your rights, it takes a little effort but you are responsible for you, and no one else will do that, especially the. Criminals in banks, and other corporations of the USA, without us as in USA, they have no power and do not exist.
The keep it simple stupid comment by Joe Schlegel is ignorant he probably doesn’t even have a clue what’s really going on , MERS clouded titles etc wake up and smell what you are shoveling Joe!
K. I. S. S. Keep it simple stupid, protect your rights, it takes a little effort but you are responsible for you, and no one else will do that, especially the. Criminals in banks, and other corporations of the USA, without us as in USA, they have no power and do not exist.
Boy are you ignorant of what byforcation is
Good luck!!! Been asking for help from the two Senators from Oregon, but they are so busy they can’t even tell me who to contact … wonder how much Bank of America chipped in to their re-election … now we know why there are so many millionaires in the Senate … but they sure voted for the bail out …
sale day may 15 never got a modification I have proof fraud in my loan
countrywide disappear them boa take over and I’m going to fight to the evil boa, no original note, the new thing now is the judges given the bank a percent under the table, BOA means Snake that what I call Bank screw all America, people lets fight back and be with god, there are demons.
Hello everyone I have read almost every comment on this article. I have to admit I am deeply saddened with the circumstances that you have faced. On another note, I am writing to hopefully get in contact with anyone that is in a classaction lawsuit against B.O.A. I have been going through the exact same treatment from B.O.A. that you have the only difference is I have proof that they have been conducting fraud to the consumers. I have an attorney on my case, but I wish to speak to an attorney that is also representing several people. I want to tell my story. If anyone has a direct contact to an attorney representing a B.O.A. case through the law firm of Hagens Berman Sobol Shapiro LLP please let me know. I think I have the information that can unlock their case against B.O.A. and can end their fight.
l.kittler@yahoo.com
I had a mortgage with BofA went through the process for two years they denied me and I had to file for bankruptcy in order to save my own. Then Bofa sole my mortgage to Select Portfolio Servicing. Recently, I saw on the
news that a federal Judge recommend that the Justice Department stop the case against BofA. What should I do now, who should I contact now, there are some underhanded things That I believe are not right. All homeowners who try to modify there mortgages with BofA should write, email, protest at their headquarters. These Banks which were bailout by taxpayers are making more money then ever the bank presidents are getting raises, we the people are losing our homes and seem that the banks can get away with highway robbery. Our senators are in the pockets of the Bankers no wonder we are flat tire away from poverty. Thanks a lot BofA for your trickery, greedy, selfish ways God knows what judgment will come your way.
I agree one billion percent
My loan was through Countrywide then was transferred to Bank of America. I’ve been trying to modify my loan since April 2010. I did everything the bank said – filling out tons of paperwork over and over, payments, partial payments – and still I never received a mod. It was never denied, they just didn’t modify it. BOA started foreclosure procedures and at the first court hearing I hit them with produce the note. The bank’s attorney informed the judge they didn’t have to produce the note and they wanted to procede with the foreclosure. When the judge found out BOA had never denied my modification he got mad and told all the attorneys there on foreclosure issues to leave if the mortgages had not been denied. I obtained an attorney, like the judge told me. Well I’ve had to file bankruptcy, lost my car, I’m on disability now because of depression and other problems related to this mess. My attorney says it’s a waiting game now as to when I’m thrown out of my house. When I first saw her she said she noticed just at a glance some serious problems with my mortgage, including robosigning. I’m going to try to fight this but I need someone to point me in the right direction. Does anyone have any ideas? Thanks.
Sorry. I forgot to say I’m in Kentucky. Also I’ve been writting and calling everyone I can for 4 years. The people I’ve contacted includes: President Obama, KY congressmen, Att. Gen. Holder, Vice-President Biden, FHA, KY Att. Gen., etc. Does anyone know anyone who might help? Thanks.
Bank of America stole my home by taking over for the defunked Countrywide . We had a non escrow loan for years we paid our own taxes and insurance. Bank of America paid the one year back taxes four days after we paid the year of taxes we were behind we contacted bofa they could not tell us what taxes they paid then while we increased what we paid each month to repay bofa they rolled the tax money into payments on purpose to make it look like we were behind in payments when we never missed one payment! They broke more lending laws it would blow your mind and could never produce the note.
I also am in line with the rest of you. BOM started with me on a short sale in 2011. I did everything they ask and got all paper work for them and then they said I had to do a modificatio first. I started all over again, paper, forms ect. Had everything they wanted and the even had a payment and ask me if I was comfortable with it. *( Yes) The in December of 2012 I recieved a letter from BOM telling me they had sold my loan to Nationstar Mortg. Said all paperwork would be transferred. I had to start all over again. Had 4 different customer service reps.. They kept telling me they did not get this form or that form. Went to clerk of court in March on 2012 and Nationsstar had a attorney office rep. there. They gave me til june. Same stuff, they kept saying they did not get papers. I also went to Lexington NC. to office that help when you are going into foreclosure and the same thing. I thought they were helping and noting happened. (I CAN PROVIDE NAMES AND ADDRESS OF ALL THE PEOPLE THAT WERE INVOLVED) Also the attorneys office that was rep. Nationstar Mortg. said to me that BOM and Nationstar Mortgage were both not doing anything to help the customers that truly wanted to keep the property with a lower payment. (I WILL ALSO FURNISH THIS INFO)
God bless all of us. We will keep fighting. Thank for all the support.
BOA stated they could help us if we sent them $8800.00. The statements they kept sending didn’t make sense! We sent them our life savings. The paperwork they said they were sending never showed up. We called and called and waited on the phone for hours as they eventually passed us from one rep to another… It seemed after waiting for hours on the phone with them, we would get disconnected. They had our money and never called us back! We continued trying to get someone ,but it was always the same results! Finally they filed foreclosure papers on us, but it wasn’t until we were out that we found out who the services was. Bank of New York . Nothing on the mortgage papers had them as the services. They locked the doors while we were at work! We lost all of our belongings in the house and they refused to unlock it so we could get our things! They are the worst! We rent now and had to start completely over!
Bank of america has been puttin me thru hell for years back in 2012we applied for three mods all not approved so we got a company to help fight with lawfirm we got approved for a five hundresd dollar less mortgagr payment ,,had to do a three minth trial period git all payments un on time then got approved payed the apprived amount for entire 2013 year and on march 25 of this year was contacted by bank of america saying that this whole year we qere makin the payments they were partial and not beung appied they said that we hadnt gotten the documents in time so it was not locked in wich was bullshit because we had all our thungs in in time they let an entire year go by then tell us this we arw now trying to fight for another modification and now they offwring anothwr trial ayment for three minths if we accept trial we wull not be able to be modified they say they never rwcived docyments say we disnt sign stuff they are awful what to do?????
Dawn, I understand your desperation. After all, that is the reason we are all here in this blog. We have scammed by Bank of America a few tines over. There is NO loan modification, it is all a scam. Actually, Bank of America contracted outside companies such as Urban Lending Solutions and Carlisle & Gallagher in order to create a racketeering scheme that just boggles the mind. Bank of America at the direction of Brian Moynihan and their board of directors fabricated a scam to fool homeowners into believing that they were actually speaking to Bank of America representatives and Bank of America Office of the President when they were not. This scam also included the “lost document” excuse, among other things, in order to DENY homeowners loan modifications while reaping the benefits of foreclosures, servicing fees and every fee they could get their hands on. I just found out about this scam last year and Bloomberg conducted an investigation on my behalf and I am featured in this article regarding this fraud: http://www.bloomberg.com/news/2013-12-16/secret-inside-bofa-office-of-ceo-stymied-needy-homeowners.html. Read this article and you will see that a loan modification (much less a HAMP one) is a just a mirage and it was never going yo happen. This is racketeering folks, plain and simple.
I am also a VICTUM of BOA modification program!!! I am a single disabled mom and all I was trying to do was to get my mortgage payments lowered. They assured me that “THINGS LOOK REALLY GOOD TO GET A HOME LOAN MODIFICATION”! After 3 months of sending paper work and MANY phone calls I receive a package from BOA stating I’m NOT eligible for a home loan modification….They want to do a Short Sale…IT’S NOT GOING TO HAPPEN!! I am NOT behind on ANY mortgage payments and I don’t plan on it. They suggested to me that if I stop making mortgage payments for 2 months that it would be easier to get a home loan modification. THAT IS NOT GOING TO HAPPEN!! I will do without anything, but I will NOT let those CROOKS take my house..correction…HOME!! The reason they gave me for NOT approving my MOD was lack of income… I receive more now then what I did 5 years ago when I got APPROVED for my mortgage. I have just been having medical issues and more medical expenses…but once again..THEY ARE NOT GOING TO TAKE MY HOUSE!!!,,,CORRECTION….”HOME”!!!
I HELEN D HAVE BEEN GOING THROUGH THE SAME THINGS,LOST PAPER,MISCODED PAPER WORK THAT CAUSED MY MORTGAGE PAYMENT TO BE DENIED DO TO THERE MISTAKE AND SENT BACK,THAT CAUSED MY TRIALPAYMENT TO BE LATE.. DEALING WITH THIS TO LONG STRESSED WANT TO GIVE UP CAN ANYONE HELP NEED PHONE #s ,websites ,WOULD LIKE INFO TO TAKE PAST IN CLASS ACTION LAWSUIT WESTERN WASHINGTON MY E-MAIL hdarlinga@gmail.com
How do I join the lawsuit. B of A has lied to me for the last time!!!
We were and still are victims of BofA’s crap! We originated with country wide at a nearly 800 a month payments, we were then passed on to BofA (we have been with BofA for other loans, checking etc. for years) so we felt okay with it. No one informed us as to why. We then get into a situation where we needed a modification because the 800 was too high for the amount we borrowed. We inquired about HARP and all of the other government modifications available at the time. They evaluated and denied our request and “offered a new mortgage through them” rather than modify the country wide loan they wanted us to apply for a loan through them. We refused the offer and expected a modification that would have made our payments even lower (hind sight) Our payments are 600 plus now, we thought that was a great deal. But they modified the information to obtain the loan, we had a certain amount of time to sign and return it. They hired someone to come up to our home at night to sign the loan docs. We did and now we were transferred to Seterus (on the basis that we told BofA that we were going to be in trouble in the next three months, we asked if we could make weekly payments and needed to know what to do.) Seterus is a collection agency that continues to collect the payments for BofA, the loan was not sold it was “transferred”. QBE forced insurance on us when we were covered already. Collection agencies are not allowed to collect interest from what I understand, so why am I making those payments again? I was threatened by Seterus that if they did not receive a payment in 45 days, they would start foreclosure procedures….both payments were made prior to this call….She did not identify herself as “this call is for collection purposes” mirandas, she also did not verify my address, just my first name but not confirmed. We had to pay for the changes in the loan and Seterus is offering a modification this past week, I told her I thought we already had one and we understood we were allowed only one modification. She stated…”no you can have two”. The first contact said that bank of America did not do a modification so we could do one with Seterus. My opinion is there is no modification, it is a new contract for a new loan….We will not sign….
I have read all these bloggs and this all sounds too farmilliar. I applied for a MOD myself and was told I would recieve a packet in the mail. Pre-Reviewed all my required financial info requested and had it ready for the packet. Got the packet in the mail, Filled it out and incerted all required documents requested. 3 days later after I sent the packet back, I recieved I letter stating I hadn’t handed in the requested meterial in the 30 day allotment. 3 days had passed. Not 30. They hadn’t even recieved my packet let alone had the time to recieve it review it and make a determination and send it back to me. 3 days. That was just the beginning of what I am still going through. I too am looking for a reputable Law Firm. I have Saved all my documents for this MERS mortgage that was sold to BOA from Countrywide. I too have a very large amount of information to share with an Attourney who is willing to sift through the rubbish that BOA has sent me. I am Pissed and want revenge! How can they get away with this?? I wont have it. I have had several back surgeries and am dissabled. All I wanted to do was to see if I qualified for a reduction in my mortgage. You wont believe what has happened to us because I asked about a MOD. I have written down names of everyone I have been in contact with, I have taken down conversations, saved all paperwork ect.. Someone please help with some advice on who to speak with. I was just in contact with a law firm that has just had a stop order put on them for the fraud they were committing while taking advantage of people seeking legal help. Man, Who can you trust?
Does anyone know how to obtain the information that was a result of the forclosure review by the Government that Elizabeth Warren Speaks about that would be benefitial to homowners looking to bring a lawsuit against these big banks? I was involved with that and recieved a wopping $800. I was told that was alot and that means they found quite abit of illegal activity in my mortgage.
And now my Mortgage was sold to annother Bank? or taken over by annother sevicer? I have no idea what is going on with this mortgage. How can a transfur take place when there was never a legal transfur from Countrywide to Bank of America recorded? When the Government found illegal activity including fraud, Tilla Violations and robosigning just to name a few? I just don’t understand. This new servicer has Bombarded us with threatening paperwork in the past 2 days. Claiming My mortgage that was $230,000 is $280,000 when My property is only valued at $139,000. LOL.
2 1/2 years ago my husband had a heart attack which generated a lot of medical bills. We contacted BOA to let them know that we were in a hardship situation and requested help. We were not behind on any mortgage payments. We were told by BOA that we had to stop making payments in order to qualify for help. Lonnnng story short (there is so much more to our story that I’m afraid that I would run out of room to write it all) we filled out the paperwork that was requested and submitted package after package because they did not submit our paperwork in time and then finally we were offered “trial payments” pretty much at the same amount of our old mortgage amount minus $50.00. We wanted to keep our home so instead of buy food we paid the first trial payment and then my husband had other serious health issues arise and we were unable to make our 2nd trial payment. We informed them of the situation and they told us to do a short sale. We have returned their few calls numerous times only to be ignored and are in fear of losing our home. After reading all of the previous stories in this blog I have no hope of keeping our home. We are ready to join a lawsuit as well. Please provide any information if you know of one. They need to pay for their shady business dealings!!! The one comfort that we have is there is going to come a day where they all will have to answer to God for what they have done to all of us. I would really hate to be in their shoes.
I am a VICTIM of Bank of America also! I am disabled and have a teenage daughter. I recently had a death in the family that resulted in loss of income. I contacted Bank of America about doing a home loan modification and it has been a total nightmare from the start! I am NOT behind on my mortgage payments but they refused a home loan modification. I need repairs done on the house. Recently a water pipe broke in the bathroom and I am UNABLE to afford a plumber to get it repaired. My original mortgage was through T, B and Whitaker. Bank of America only offered a Short Sale or a Deed in Lieu of Foreclosure. THAT IS NOT GOING TO HAPPEN!! I want to stay in my home and will do what ever it takes to stay here. I have NO other family other then my daughter! I have gone without my medication just to pay for my mortgage. I cut back on as many expenses as possible. They just want to take my house no HOME so they can put more money in their pockets. THEY R CROOKS AND NEED TO BE STOPPED!! ***HELP**
This B.S. has caused me to have some serious health issues (of which I can’t afford to go to the doctors). I have documentation of EVERY conversation I had with Bank of America!!
I have to tell you I’m sorry for your troubles but you meantioned that you had a Death in the Family was it you spouse..your WIFE
because you automaticly qualify for a moderfication bassed on A LIFE CHANGING EVENT.. the banks can mess and play with the numbers to the Government but they can’t change and outcome with a death in the Family..you need to send me the death certifacate to BOA modafication dept.. so they know you delenma…
good luck
Bank america exectives needs to be brought outside and shot..
SPatterson, I know exactly what you are going through. BofA destroyed my health and my financial future. I am currently in litigation against these crooks after I discovered recently that they concocted a scheme against me (and others) which included third parties such as Urban Lending Solutions and Carlisle & Gallagher. Bank of America hired these companies and gave specific instructions to their supervisors of how to reject loan modification requests, alter documents and push foreclosures instead of rightfully approving me and others for HAMP. Urban and CGCG, at the direction of Bank of America, would reward employees who pushed foreclosures with bonuses and gift cards. Very profitable scam if you ask me. You can read the Bloomberg article here which features my story: http://www.bloomberg.com/news/2013-12-16/secret-inside-bofa-office-of-ceo-stymied-needy-homeowners.html.
My original lender is also TB&W which makes the fraud even more amusing. Bank of America’s intention from the start is to push to foreclosure all of the fraudulent TB&W loans at the direction of Ginnie Mae because Ginnie Mae (the so-called investor) wanted their money quick. This quick foreclosure would also cover-up the massive fraud on these loans and they would get their money quicker. You cam see Ginnie Mae’s plan regarding this at: http://www.gao.gov/assets/590/586247.pdf.
The government gave these fraudulent banks money to apparently help out homeowners with HAMP but BofA and others took the incentives and with that money was able to hire contractors to fulfill their dirty work. HAMP is not profitable for BofA. They can make so much more money with foreclosures or other higher-rate in-house options. They also assess ridiculous fees and other costs at the expense of the homeowner. I suggest that you conduct a thorough investigation on your mortgage and loan modification. I am sure you will find massive fraud.
Please feel free to contact me via email at: Isabel-1229@hotmail.com.
Isabel S. Thank You for your recent post! I WISH I could get some legal answers! Every attorney that contacts me wants thousands of dollars. If I had that kind of money I WOULDN’T need a home loan modification! Like I stated before, I am not late on my mortgage yet but I am unable to make a payment this month. I was “informed” that BOA will be here next month to put locks on my doors. I will ONLY be one month behind on my mortgage. This is really causing me to have serious health issues. I had brain surgery in 2001 and I still have a lot of health issues. I am so sick of Bank of America but I REFUSE to give up! I will keep my home!!! Anyone out there willing to help me please!! My email is starblueeyes2010@yahoo.com
THANKS!
You need to get paid up..ASAP do not under any cercumstances hold back the money…you have to Pay…get caught up and refinance with any one like..
Network capital Funding corp..
5 Park Plaza #800
Irvine, California. 92614
Bank america SUCKS and they want your House..they are Scum..do what ever you have to..get paid up and keep it paid up..then refinance and get away from them..run as fast as you can….
they are crooks…
good luck
We tried every possible loan modification we could. We went through CHIP in Chico, Ca for assistance in filing for HAMP, SAVE YOUR HOME CALIFORNIA, etc. All were denied. One of our last actions was a Deed in Lieu of Foreclosure. Even with that, Bank of America dropped the ball. I moved to an apartment for respite from the stress of trying to keep our home and taking care of my mother-in-law with Alzheimers. Even with hardship, we were denied. Papers were lost, papers needed update, moving back to Red Bluff, Ca after my break during respite—all just became part of the process 9f n9 help from Bank of America. My health suffered greatly. In the fall of 2013 the house was sold at Foreclosure auction for $60k of the $140k owed. Had the bank helped us, they would have received the full amount on the loan.
My brother just got the papers back from BOA and they want him to have a 46 year loan with a lump payment of 34k as the last payment. The loan is for over 200k and the home was purchased for 130k. BOA is nothing but F*%(*%(* croooooks……They are the ones that lost his paperwork then found it lost it again and now trying to have him pay for all of the time and attorney fees that was their fault to start with…..The government should shut this company down….they are worst then our government officials but then again they are probably in bed with them……………..they need to burn in hell!
I think that BOA has gain to much financial power off of the consumers. The banks make money off of our money. So, what needs to happen is those customers that are unhappy, pull your account. My mother mortgage is with BOA, and she has had so many issue with them making changes, making processes on her account without speaking with her. She will be finished with BOA this year and then they want to send her a financial advisor. I did inform my mother to tell them no becasue the only reason they are taking this step, your mortgage being paid off soon. I have an account with BOA and I am closing it this Friday. Our business has accounts with BOA, and I cannot wait until we pay them off and take a stage left. We have been with them for over 20 years, and we just really got a personal banker that makes contact with me to see what can BOA help you to better your business. Well, once again, our account are almost paid off, hello, I do not thinks so. You cannot misuse your clients and think that you will continue on the top, the clients is what make you or break you. Marketing one on one, please your customers, see what your customers would like to see and you the provider see how to make it happen. I pray that everyone receive justice and locate a more customer friendly bank.
Been threw same crap has the rest of these people. The send some one out to copies of documents. keep losing them, over and over. Tell me to not make any payments. Until further notice. keep lacking you on, put alot stress on you and your family. This went on for months, get a notice that your being forclose on but not to worry because your in a modifaction process.. went for months. still send same paper work in over and over. Then Justice department comes down on them on a monday by ?Friday I had my loan approve. By this time I owed them 9,000 dollars including attorney feeds. so they tacked that on my loan. Its time the Goverment comes down on them hard. And that we should be remburst for damages they have cause everyone. Now this has really damage my credit rating really bad.
please notify me via email or phone znselectric@yahoo.com 765-722-0973 I am needing legal assistance and am wanting to be contacted by a law firm concerning my Bank of America mortgage restructure. Please if you have an attorney or are one please call me asap
old west justice is the only way out they steal ur horse u shoot them nobody cares about u u are the only one that can make a diference ar 15 ak 47 only way out yes hard to believe we are too many but too weak next they will take ur money july 1 new currency law check infowars good luck and god have mercy on all of u
Bank Of America will now pay for all that they have done to the hard working people on this board. If anyone on any the attorney handling this class action suit on modification will you please contact me. I lost my home and everything behind Bank of America and there loan modification lies and deceit in 2013.
I’m so tired of waiting to hear something about this lawsuit… I want my house back. Now that I know I will never get it back. They owe me something to get me a home…… Thanks for taking everything I had Bank Of America……..
how do i get into this lawsuit…. BOA mortgage has been jerking me arround for a year and a half and still i have gotten no help
Dear Suffing Home Owners Of “US BANK”-Are Bank Of America!
In 2007, We paid our loan, It was Behind, But Never Refinace A Mortgage with “DECISION ONE MORTGAGE “, Because the SCAMED us Big Time. We wanted to Refinace to pay off other loans & House that come to around $182,009. Our Homes Value is $307,000, and this is what they pulled on us. A $182,000 Loan With Over 9.2586% Interest, and we ask for a 30 year Fixed. What they gave us was 179 Payments of $1,495.26 = $ 267,000+ 1 Payment of $149,004.70, So that would mean If We Pay These “UNLAWFUL” Mortgage , We will Owe Them -US BANK-BANK OF AMERICA $416,656.24 For only. $182,193.32 Loan! THE ONE WE ALREADY HAD WAS 10% with a 30 year fix.
THESE THIEFS ARE “US BANK”-BANK OF AMERICA!
I HIRED AN ATTORNEY HERE IN MYRTLE BEACH, AND TOLD HER THIS HAS BEEN GOING ON FOR OVER. 7 YEARS!
SHE SAID IT WIULD MAKE ME LOOK BETTER IF I SHOWED THAT I WAS TRYING! SHE MUST OF HAD GUM IN HER EARS, I HAVE BEEN FILLING OUT PAPER WIRK FOR 7 YEARS , AND MY ATTORNEY WAS BOUGHT OFF, AND MOVED TO GEORGETOWN, ASK TO BE RELEASED FROM OUR CASE THROUGH THE JUDGE, AND LIED THAT WE HAVE NOT PAID HER. WE PAID HER $2,000 DOLLARS FOR ONLY WRITING LETTERS & EMAILS, AND CLAIMS I STILL OWE HER OVER $8,000, AND I HAVE NOT PAID HER ANYMORE BECAUSE SHE WAS NOT FIGHTING THE CASE SHE WAS ASK TO, AND THAT WAS TO SUE THEM, BECAUSE WE PAID THEM OVER $31,220, AND SHE MOVED 30 MILES AWAY, AND ASK THE JUDGE TO RELEASE HER FROM OUR CASE, BECAUSE WE HAVE NOT FUNDUALMENTALY AGREEING ON THE CASE. SHE CASED HER TAIL TRYING TO GET THEM TO GIVE ME A LOAN MODIFICATION , AND THEY WOULD ONLY GIVE US 3 PAYMENTS OF $1,0022.78, FOR ONLY 80 MONTHS?
SHE MUST THINK WE ARE STUPID!
WE HAVE NOT MADE A PAYMENT SINCE JUNE 3, 2009, BECASE THEY REFUSED THEM, AFTER WE HAD PAID. $16,000 IN CAS -CASHIERS CHECK PLUS 11 PAYMENTS OF $1,383.68, AND WHEN I CALLED TO PAY THE 12th. ONE YEAR OF PAYMENTS, THAT CAME TO OVER $31,220 THEY REFUSED, BY CLAIMING THAT THE GOVERMENT WIULD HAVE A “GOVERNMENT HOPE PROGRAM” IN SEPTEMBER, BUT CLAIMED IT CAME IN EARLY. I TRIED TI PAY MY HOUSE PAYMENTS, AND SAID THEY COULD NOT TAKE OUR PAYNENT, FOUND OUT YOU HAD TO BE BEHIND TO APPIED FOR THIS PROGRAM, AND CALLED ME SAYING WE DID NOT MAKE ENOUGH MONEY TO PAY THE LOAN. SO WHY IN GODS NAME DID THEY DO THIS? THE ATTORNEY I HIRED WAS BITTEN BY THE PLAINTIFF’S ATTORNEYS, AND SHE NEVER SUED THE BANK FOR WHAT I ASK HER TO DO. THE PLAINTIFF ‘S HAD HER, HAVING ME TO GET THEM MORE AND MORE THINGS THEY NEED TO KEEP HER OFF THE REAL PATH, “THE UNLAWFUL MORTGAGE” SHE SHOULD HAVE BEEN WORKING ON. THIS ATTORNEY NEVER DONE ANYTHING BUT WRITE LETTERS AND EMAILS, AND WAS CHARGING ME OVER $8,000, AFTER I HAVE ALREADY PAID HER $2,000.+! NOW I HAVE NO ATTORNEY AND SHE HAS BLACKBALLED ME. SHE COULD HAVE BROUGHT UP THE STATUE OF LIMITATION ‘S, BUT SHE DID IN THE BEGINNING, BUT THE PLAINTIFF’S ATTORNEY HAVE TALKED HER OUT, OR BOUGHT HER OUT! WHEN YOU HIRE A ATTORNEY, MAKE SURE THEY STAY ON THE FACTS YOU HIRE THEM FOR, AND ASK THEM TO DO BEFORE YOU !
I need suggestions quick!!!! do you stop paying help!!!!!!
awilliams2542@aol.com(marie)
BOA is nothing more then a legalized loan shark. I went through the modification procedure to get my interest rate reduced, the home foreclosure prevention volunteer (who was wonderful) was stunned when they rejected the modification since I met all the criteria for the program (said I was the poster child of people they supposedly were trying to reach). They have zero interest in truly helping people. Home to them are nothing more then perpetually rotating for profit pieces of paper that they will seize, if they believe they can squeeze out more money. Hardly anybody ‘owns’ their own home in this country, that phrase is a joke. The BANKS own the homes. Today, I had to make a late payment to BOA and after I submitted it, the late payment disappeared but it didn’t give any confirmation number. I went back to resubmit, but the late payment was gone and only the current owed balance showed. I don’t trust BOA in the slightest, so I called and they stated no payment showed (even though the computer system showed me current after payment submission). If I hadn’t double checked, I could have easily been forced into foreclosure proceedings for missing the date of the payment and thinking I already paid the bill! I completely believe that this wasn’t a glitch but a programmed error. In the past, I have submitted payments that did not go through on the system but NEVER did they change the statement to reflect a different balance when no payment went through! Come to think of it, it has been common for my first attempt at payment through BOA to not go to the ‘payment scheduled’ page with the confirmation number, but right back to the general account page. This time, it was different, because it reflected the change in balance when the payment was not accepted! Anyone dealing with this corrupt loan sharking company, DOCUMENT everything, and if you have any doubts about anything, CALL.
BOFA worst customer service ever !!!! Applied for Loan Modification in 2010 due to my son turned 18 I lost his Social Security benefits( his father had passed)…. 3 years later it was approved !!! Then 2013 my daughter turned 18 so I lost another HUGE portion of my income* single mom so I called to find out how much I owed on my home so I could do the right thing and sell it before getting behind on pymnts. 3 times BOFA mailed me pay off letters of $136,000. So I hired a realtor who put my home on the market. Right away my home went under contract and after paying attorneys fees I would have walked away with $2000+ to put towards a rental deposit and moving expenses. Well 3 days before closing the buyers attorney found a second lien on the home by BOFA for $26,000+. Which meant I owed $162,000+ still for a home that was only work about $154,000. When I contacted BOFA they said they didn’t know anything about the $26,000+ second lien. After digging through paperwork and sending them copies where it showed BOFA the originator of the second lien they agreed it was them who placed it there. What happened was when I applied for the Loan Modification 3+ yrs ago BOFA reduced my mortgage by $300 a month … BUT what they neglected to tell me was that they tacked on that extra $26,000 they removed from my mortgage and placed it on a secondary loan. After 10 months of fighting with them and their incompetent “dedicated customer service rep” who constantly told me BOFA hadn’t recvd my documents, that I needed to do a short sale, turned in short sale papers, to be told that was wrong paperwork, I had to AGAIN apply for a loan modification #1, decline it #2, then verbally ask for a short sale #3. After turning in modification packet AGAIN, I was told I had to wait for the approval letter, once I received the approval letter I had to call in to decline. After weeks finally received the approval for the modification, called the rep and declined. She said shed sent it to short sale. Weeks pass, had to call to get an update, it never went to short sale. She said we had to have a written declining statement. I typed word for word what she asked for faxed it same day June 26, 2014. 3 weeks later my realtor calls her to check on status, the short sale dept says they still don’t have my file and that my dedicated rep has been sitting on the letter for 3 weeks. When asked why the short sale rep could give no answer but only say they would have the dedicated rep call ….. that’s going to take another 48 hours at least. This rep has done nothing but drag this process on all the while my credit is being destroyed as I tried to do the right thing by selling my home when I knew I couldn’t afford it. BOFA knew my finances would decrease when my kids turned 18… because they used their SS benefits as qualifying income for my initial mortgage loan. So BOFA sold me a house they knew I would be upside down on. It has already had a foreclosure date once, which I had to fight to get stopped because of their delays in paperwork. I cry when I think how cruel BOFAs practices are. I have spent countless hours away from my kids, my job, my life trying to get this taken care of. While BOFA and its reps sit on their fingers and let my credit score drop !!!
I will forever preach my disdain for BOFA and their mortgage practices. I wish someone with power would step up to this corporation, this monster, and get us hard working Americans the help we’ve been asking for. We’re not asking for a handout. We’re asking for fair practices. Something BOFA has not been performing and THEY SHOULD BE ASHAMED !!!!!
We too were told a modification was just a matter of paperwork. After 2 yrs of sending paperwork over and over, and phone calls that were never returned, we got a foreclosure notice and had to file bankruptcy to keep our home. BOA is the most corrupt, unprofessional company I have ever dealt with.
I tried three times to get my mortgage modified after being told that I qualified then they said I could do a short sale, finally the sold the house on the courtroom steps. How do I sign up as a participant in this suit?
I had the same experience I want in on this law suit also.
We began trying for a modification in 2009 when I got too sick to work. We even went to the NACA home work shops and spoke with Freddie Mac and was promised help. Our paperwork was repeatedly lost. They had us sending in paperwork to three different areas at both different times and at the same time throughout the years. At one point they called and said we were accepted in the modification but said the paperwork was misplaced and would be mailed out to us that day yet in the meantime we needed to make our good faith payments. Since we didn’t have anything to tell us what to pay we had to call in each month. Well they told us to pay a different amount each month but only less than a few dollars difference. We received a letter informing us we no longer qualified for the government modification because we didn’t honor our side by not making our payments correctly. We were then told, after asking, that we could appeal. We were later told we couldn’t. They even made me send in all of my medical test results. I filed a complaint thag I thought were rejected due to my disabilities and after a year was told we would only be given consideration and/or a chance to speak with a BOA representative only if we dropped the complaint. We did and about a year or so later did get a modification offer but was told if we didn’t accept it we wouldn’t get another. We signed it but next to our signature I wrote on the page that the $5,800.00+ penalty charges were a mistake. They did send back a copy, with my note erased off the signature page. I knoe the balloon payment added to the end of the loan amount adds up to the late charges and added penalty charges from BOA. But every time I ask for details of just what the charges are really from we get a letter saying that we need to apply for a modification to keep our house out of foreclosure. The real bite is in 2009 we were only one payment behind but NACA told us to stop making payments to qualify so we did. We used the money for medical bills because we were told all late charges would be waved and past due payments would be added to the end. Sorry to say that if it wasn’t for my father in laws life insurance we would have lost our house since they began foreclosure and we didn’t have the money anymore back then. As of today we don’t know if we have an in home or government modification because they refuse to tell us and every time we ask we get that nasty letter telling us we have to file for a modification to keep our house. As of today our modification added 14 years plus a penalty fee of over $5,800.00 to be paid in full after the house is paid in full. They did drop the interest one point. We fought hard and sent copy after copy of even the notes we kept. We went through so much more hell with them than noted but I don’t know I have enough room for it. It fills over three four inch binders. We just went bankrupt with over $230,000.00 medical bills but unfortunately learned after it was finalized and chose to keep the house that BOA is making us refinance the house within three years to stay in it. How do we do it after bankruptcy?
BOA told us after we got caught up and 3 years after beginning the fight to get a HAMP loan (only able to get cauhht up from receiving money from life insurance) that we didn’t qualify anymore since we were caught upbut they could help. They reversed our payments and posted them as other forcing us into delinquency. The late charges began adding up. They promised to reverse them after getting the modification and reapply them which was supposed to reverse all the late charges. They did but they added it as a lump sum due after loan is paid in full instead of just reversing them. If anyone is going bankrupt be aware that keeping your home will only releave you for 3 years. If we knew we would have to refinance our mortgage we would have walked away.
I would like to know how many other loans had lump sum/baloon like charges added to after the lones are paid off and over 10 years added in their modifications.
Bank of America offered me a modification and then after I met the 6 month probation period they refused and told me I had to reapply, and they just kept telling me information was either outdated or missing from my file and after about 2 years they would not even allow me a short sale a surrender they gave me 10 days to get out of my home or they would padlock my home everything in it would be theirs. I now live in a barn and my son lives with my parents and my other daughter luckily was in college. I hate those bastards and they did send me a little 300.00 check. they lied to me time and time again. I want my home back and they need to be ran out of business.
I am still very upset with Bank of America. They took over my Countrywide loan. In 2009. It started in 2010 two years after sizing our business down from 2007-2009. I left my own company seeking employment else where. I worked 3 part time jobs only being paid by two. Our adult children moved home after their jobs cut their hours in 2008/2009.
I was able to make mortgage fine prior to 2010. We refinanced in 2007 prior to economic crash. We paid off business line , made payrolls, insurances and paid lawsuit from an employee seeking money.
In 2008 one of my part times became full time. Then in 2010 they cut my hours. I called BOfA looking for a loan mod right away before we were late. I was told banks were working with you. They gave such a run around . I have documentation of every phone call and explanation even recordings stating we qualified for MOD and packet was on its way. What a joke.
Then they changed loan from an Arm to principle and interest changing montly payment substantial from 400o to 10000.. They had me go through Hope Team and Harp. They had me go through state attorney general. Everyday I talked to bank.. I made a formal complaint with the Ca AG.
They kept reassuring me that we would not go into foreclosure as long as we paid something and kept them notified. I began calling them in 2009 .. In 2011 they returned two payments back. A month later they filed foreclosure. I called realtor asking advice, she said we should short because Bank of America does not help clients. We wanted to ask full price knowing our home would sell do to great location. Then it wouldn’t be a short sale.
How ever bank said they woul only go by their appraisal which came in lower. We sold in two days. Buyer walked right before start of escrow. Strange. We then find out he worked for BOf A.. We assumed he’d wanted to take time so home would go to auction. His loss we sold same week. We could not get a new appraisal . Do to time limits . Even though other homes we’re selling for more now. We had to short sale unnecessaryly. We did everything asked and still lost our home. Nerver one did they mean what they said.
Two lesson s don’t use your home’s equity to keep employees employed and never trust Banks.
Bank of America along with the corruption in all other govt’ agencies, Has wiped us out. I developed a auto immune disease from the stress. 2010. After all their crap we got audited by the IRS for 2011, because our business sales dropped and we had loss of home. We just want to work, make a living enjoy a home someday. Now we are starting all over again paying high rents. All the bank had to do was work with us stop their lies. The home we lost was suppose to be our retirement. We worked so hard for so many years. I gave B of A two years of mortgage payments for nothing.
They owe all of us.
Debra Gill, please contact me. I also developed an auto immune disease (Fibromyalgia) and other health conditions because of Bank of America. I have not been able to work because of these crooks since 2011. I lost a salary and a business opportunity. My autistic children have also been affected as a result. Their childhood has been much less happier the past four years as a result. No vacations, no outings like we used to do, and they are worried about me all the time. This is no way for a family to live because of a greedy empire’s objective. I can write a book on what I have been through with Bank of America. I currently have a case against these criminals and their co-conspirators Urban Lending and Carlisle & Gallagher. They will pay sooner or later for what they have done to me and my family. Debra, please feel free to email me at Isabel-1229@hotmail.com.
I am not in the class action suit, but I think I should be. I need some specifics like when Bank of America took over Countrywide. We had taken out a bridge loan on our other place so we could buy this place. Our realtor said to put the full loan for the 2nd place on the paid in full for 1st place. This was our first mistake. Our first place didn’t sell, so now we were stuck with the full loan of the 2nd place on the paid for first place. Mind you, all this at 7.75% variable interest rate. This was in late 2006. At some point, we decided to get the interest rate locked in because sometimes the numbers were higher. We went to I guess the person is a mortgage broker or something. We had always bought outright before so we were not familiar with mortgages. I knew what a bridge loan was, but not all about it. I just knew it gets you from one place to another, but not how long it lasts, etc.
At any rate, this guy we went to in order to lock in the interest rate asked how much we wanted to put on the new place. He said if we did 100%, we’d have to pay mortgage insurance. Well, I pulled a number out of my head – $70,000.00. Now I was paying two mortgages, one for Citibank on my first place (which we paid for in full when we bought it in 2002), and to Countrywide for our 2nd place. I was paying close to $1,700 a month on the two properties. We rented out the 2nd property because we couldn’t do that on the first property. Now please realize that my husband and I were trying to downsize. We were not one of those people with nothing who wanted a $400k house. We planned to sell our townhouse and take the monies and pay for the 2nd one we bought and then put the profit into our retirement. We are both over 65 yrs of age.
All of this got to be too much money going out, and I got the name of an attorney here in Vegas who said to go bankrupt on our first place. So, we did that. Then we found out that our other assets, some money assets were at risk, so we said we want the bankruptcy dismissed. The attorney agreed that going bankrupt was the wrong course. That was the last I heard from him. After that everything was through his law clerk. In effect, he abandoned us. Cost us $1,800 to go bankrupt, and we could have gone into foreclosure for free. More money gone.
When I have tried to get a modification, I was told I was not a Fanny Mae or Freddie Mac. We were with Countrywide, but with Bank of America we are with the Bank of New York. Only Bank of America will give us a modification. We are now officially broke and only living on social security. I sent in all the paperwork they requested, and I got back a letter with more paperwork, some of which seems repetitious re our tax returns and our monthly expenses, and I fear this will go on nd on and no matter what we send in, it will never be enough.
We don’t have money for a real estate attorney. Can’t get any attorney legal aid service to help us. Where do people like us go to get help? The statute may have run, but I know something is wrong somewhere, but just don’t know what it is.
My husband is a diabetic, but some months we don’t have enough monies for food. We have no money behind us which is very scary. If our car breaks, we can’t afford to fix it. I would have been better off not putting up my first place for sale, but we had lived there 8 years and saw that places went pretty fast, and we thought we could save more monies. We were trying to do the prudent and right thing and still got screwed. As a result, I have been going through deep depression. I was already on a mood elevator and tranquilizer for panic disorder, but I don’t think there is a mood elevator strong enough to help me get out of this depression. There have been many nights when I just wished I’d go to sleep and not wake up.
Does anyone out there care about the little people who were trying to do right and still got caught up in all this garbage. If anyone has any suggestions, please email me at: bobbiestype12@aol.com. We feel totally helpless and feel no one has tried to help us at all. I am depressed and I am angry.
I live in new mexico and I am having trouble trying to get BofA to complete my hofa short sale. I was told I didn’t qualify for a modification. I would like to join the class action suit. can someone tell me who to contact. Also the banks did shady practices in the crash of 1929. my grandfather always told me not to trust banks. He told me a depression is going to happen again and it might happen in my life time and he was right. He said the banks and the government didn’t learn from that experience then and the dumb ****** never will. I think we are not out of this world finance mess and the worst is yet to come. But anyways could some one send me the info I need to join the law suit
To anyone first reading this site … or others that may have posted without reading back on this page —
SCROLL BACK on this page to read my post from last November for a list of things you might do to save your home. I’ve repeated this list as often as possible so folks might have a fighting chance.
These ideas are not necessarily mine, but came from discussions here and elsewhere from people who have SUCCESSFULLY fought to save their homes. I merely condensed these things into a list.
Primarily … THERE IS NO CLASS ACTION LAWSUIT, here or elsewhere that will get you what you want. In fact, lawsuits are the LAST place you want to go for a solution.
When you understand that, you’ll have a shot at saving your home.
Learn how the system REALLY works.
Best of luck.
From what I have been able to determine, there is NO class action suit. Some judge determined that “there were no grounds for a suit.” HA!
Every story I read here sounds the same as what my husband and I went through!
But … there’s no grounds! Judge bought and paid for by BOA!
I applied for a reduction on the interest rate we are paying on the BoA mortgage we have on our mouse. After satisfying the bank’s demands for over 300 pages of documentation, they refused to do anything to help us by either lowering the interest rate we must pay or modifying the amount of the mortgage to reduce the principal of the mortgage to reflect the house’s fair market value. The reason that they gave for refusing our request was that we are too good as BoA customers, having never missed a payment nor even been late in paying in the 7 ½ years that we have been paying for our house.
The only “relief” they have offered us is a short sale. We have taken them up on their offer. our house is now on the market for $239,500 — a house for which we are Pauling for based on the amount we agreed to pay for the house in 2007 — $350500 . So we have no equity, and are being forced to continue paying on our mortgage at its original high interest rate until the house is sold. The people at BoA’s short sale unit demanded completely new versions of the same paperwork we had submitted already with our application for relief on our mortgage, AND they refused to allow our house to be officially listed for sale until the entire mass of their paperwork was once again submitted to the Shot Sale unit . The result was that the house missed this year’s best home buying season. This delay pretty much guarantees that that we will continue to be responsible for paying our original mortgage payments, month after month well into 2015, if we are even lucky that the house sells for roughly$100000 less than the amount of the mortgage we must continue to pay on, month after month, until someone buys the house at the short sale price. Is there no legal avenue for relief from the predatory practices being used to extract money from us by Bank of America?