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 need help and suggestion on how to get my name on the list. I was told 90 days ago by BOA if my co borrower signed the house over to me with a quit deed claim, they would modify my loan. 30 days later they said i’m denied.
I’m in Oregon and have no idea what to do?
I’m going through the same thing with BAC. I’m going to join this class action lawsuit as well. If anyone has any advise on how to do this in Oregon….please let me know!
Contact your states’ banking commissions, Attorney’s General, Congressman, and Senator(s). Let them know how you’re being screwed over and let the Attorney’s General offices along with the Banking Commissioners’ offices suspend BAC’s foreclosure proceedings. It could afford you a little more time to keep your home.
I am filing complaints with all four offices I just named, on the advice of my attorney. I chronicled every event of every lie they conveyed and I intend to sue if for nothing else, breach of trust. If I can find a CA to join, BAC can rest assured I will do everything in my power to keep my home, and if I can’t join a CA, I’ll pursue litigation of my own accord. They will have to PAY me to go away.
Does anyone know of a CA being filed in North Carolina? I’d love to see BAC’s parent, Bunch Of A$$holes, get their license to do mortgage banking suspended, especially in NC, their “home” state and I’d love it even more to be a party in the action of bringing them down.
I am ashamed to have such loansharks licensed to do business in the same state I call home. I am even more ashamed of a government that is made aware of such practices, time after time, not putting an immediate halt to it.
Hi folks. I’ll share the last couple days and my experience so far in sort-of Reader’s Digest form.
I was faced with an imminent Sheriff’s sale tomorrow, Friday the 13th (interestingly). I truly believe the only reason I’m not facing an auction tomorrow morning is from getting both my State and Federal politicians involved. A little over two weeks ago I called both my State rep and my Congressman. Both offices were willing to help. Both were familiar with the problem and had actually assigned staff to handle these cases. My case was escalated to The Office of the President of BOA, monitored by both politician’s staff and the sale was cancelled.
This is NOT, however, any guarantee, but at least the major trauma subsided and the threat is put off. I still have to work out a lower payment plan. I may have another 30-60 days. I’ve been in a complete emotional melt-down for weeks and literally numb since the cancellation for 24 hours.
When the Sheriff’s deputy delivered the original sale notice back in September, he told my his SATELLITE office, not the main office, was getting ONE HUNDRED foreclosures a week. This is what they call a “systemic” problem, not the problem of just a few people. Whether it’s planned by some “dark force” or some major screw-up in finance and politics, it’s NOT OUR FAULT. We’ve done the best any human beings can be asked to do. This is now society’s problem and we have to ban together to make our politicians and courts work for US, like they’re supposed to.
Some steps I’d recommend …
A) If you haven’t made a journal/diary of your BOA experience start NOW. Record every instance every time it happens in detail.
B) 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.
C) Call your State and Federal representatives and inform them of your situation. 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.
D) Get any attorney you can find to advise you from church, synagog, friends, family, neighbors. Retain one if you can afford it or call legal aide if you can’t. These are “contractual negotiations” that involve Statutory Law and a lawyer will navigate that best. Tempt them with the possibility of getting a piece of a class action suit.
E) Call the Hope Hotline 877-300-5454 or Money Management International direct 888-881-7558. Use MMI literally EVERY TIME you call BOA. A representative will be with you through your calls and the nightmares on hold. They will also keep a record (although it can’t be released without a subpoena from a court). But if it goes to court, you can get it that way. It’s also better to have the BOA people hear you’re not alone on the phone.
F) Call and call and call and call until you get results and cooperation. If you’re using MMI, they’ll ask for supervisors. If you’re not YOU ask for them. I know from a full year 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.
G) 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 BOA negotiators) will want to see your willingness to pay, as will your politicians. It’s your “good will” that you’re willing to work it out.
H) Find as many people as you can in your State that are going through this AND keep in contact with forums like this. 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.
I) Once you’ve contacted your politicians and they’ve started to help you, tell all your friends, family, co-workers and anyone else who knows you to write to them and THANK them for helping you get through this difficult time. DO NOT have them criticize, complaint or tell stories. Just a short thank you will make it clear to your politicians that people are watching their performance. No need to get into detail. They’ll KNOW they’re being watched just through a simple thank you.
Lastly … 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.
I’m convinced The Office of the President took my case because they KNOW they violated the contract and are trying to fix it. Contract violations are what Class Action Law Suits are based on … contractual violations, and that’s all a court will listen to.
Remember, this is a nation (now, anyway) of laws, courts and parties to contracts … NOT common decency or even Common Sense. Work to save your home. Complaining gets you no where. Working hard and learning “the game” they play is the only thing that works.
Well, I also got mine bumped up to the Office of the President, and the rep got lies from the negotiator, Abdul Kahn, about me not submitting requested paperwork. Thus my mod (that I was told not to sign and return by the “upstairs” rep) was denied, which I found out on 30 July (a Friday—Have a nice weekend!) I sent more paperwork to the rep via email, and I was to be put back in the system. That never happened. What has happened, as on previous Fridays, I got the notice that I owe the delinquent principle (difference between the “trial period” payment and the “required payment”. So now, since I didn’t salt that difference away for this scenario, I don’t have it. Guess the next step is the sheriff’s office knocking on my door. Waiting to hear from the Office of the President now.
Isn’t it strange how no one in BoA knows the status of your paperwork while it is in process, but only within a week of being denied—through their ineptness—you get the first step to foreclosure? My, what does this say about the HOPE program? Dante said it best: “Abandon All Hope Ye Who Enter Here.”
Hello everyone, I’m happy to tell each and everyone of you to complain to your State Governors office and your State Senators as well. I finally gotten my Making Home Affordable package sent to me this week, BOA came to Atlanta, Georgia in July 30,31, 2010 and help people who were facing foreclosure here and I stood in line number 810 person at the Hotel where BOA was holing this event and then 125 person that BOA helped on a Saturday Morning, I was shock, the BOA Rep’s they had there were FHA and my loan was approved on the spot, after paying someone to stop the sale date in Dec. 2009 and finally this took place I went from 1,228.66 to 809.00 for the remaining of my loan. I’m still shock, I told then I just started a Home Care business and they were to nice and FHA lowered my mortgage payment to 809.00 a month,people don’t accept any thing from BOA, keep pushing them and let them know you mean business. my business is slow right now but every day some one is calling for service’s. what ever your situation is or income FIGHT for your home, All across America home value has decreased and BOA knows this. so I hope everyone the best of luck. and If any body lives here in Georgia, send me a email and I will tell anyone how to get those jack A’s and keep your home. God Bless You All.
Don S.
I am standing and applauding you, .. outstanding post, .. and 110% true.
I got action by going to the office of comptroller and filing a complaint,
writing to my senators, letters to congress, .. etc, .. making a VERY big pain in the ass of myself.
as a group, what could the Congress or Attorney General say if we all
dropped well written examples of this abuse on their desk and demand action be taken.
I’m sure they can find time in between stupid law suits against states enforcing Federal immigration laws to look into a huge corporation ripping off America and driving the economy farther down.
” the squeaky wheel gets the oil”
Is there a class action lawsuit in Oregon? My husband and I are very interested. BOA has raised out payment instead of helping us and they didnt even lower our interest. We have been making this hirer payment while we put in for a second modification but they keep asking for more documents and now they are saying we owe all these fees. We can never get transferred to the right person to talk to, you wait on hold FOREVER and then half the time I get disconnected. We are very tired of dealing with them.
Call the retention department or foreclosure department and ask for the supervisor and explain to him or her your situation and by the way, add up all of your bills and make sure you and your husband have enough money left over for surplus, this is what BOA is looking for dropped your income down people and leave enough to qualify for a lower rate and payment. this is what I did. I can not guarantee that this will work for you and your husband, but give it a try, but remember they will ask for prove of income, if you or your husband can get your jobs to verify a income decreased in salary this will work out. Try any way go for it, but what ever you do don’t give in to BOA.
Thanks CBoggs.
(None of it to diminish what Keith said.)
I’m Pennsylvania by the way. I’ll be happy to discuss this with any other Pennsylvanians.
As embarrassing as foreclosure and financial distress is, I encourage you to speak out and connect with others. Silence is a killer for us, where corporate entities PROFIT from your silence.
You would be shocked and amazed by the morality free and ethically void conversations that take place in board rooms. It’s virtually entirely “legalistic” and focused on a single objective … profit at any cost.
It’s up to us, the common citizen, to remind them … constantly … that a corporation is a PUBLIC TRUST operating for the public good.
Look it up. Read your history.
At one time in this country, a corporation was FORBIDDEN to even exist without proving that it would do some good thing for the public, and then was strictly temporary until it completed the goal.
Only WE … average people in great numbers … active and speaking out, will ever keep these “fictitious entities” in line. If not, we’ll simply be swallowed like so much fish bait.
I want to send a note to everyone on here. All of you keep asking if there is a class action law suit in your area. IF there is one, you would be notified by mail. When the attorney’s file a class action suit, they would have every single BOA customer’s address/property address in question. Did you ever receive a class action notice in the mail for anything? I just received one in regards to United Health Care Insurance. I did not request to be part of it, they got my information from the UHC files because I am/was a customer. Trust me, if there is one, you will be notified.
Articles about suits (from Google) …
Illinois (2008)
cbs11tv.com/business/Bank.Of.America.2.833374.html
California
nationalmortgageprofessional.com/news17006/california-homeowners-file-class-action-suit-against-bank-america-withholding-tarp-funds
allbusiness.com/legal/legal-services-litigation/14258856-1.html
Washington State
4closurefraud.org/2010/03/23/class-action-bank-of-america-sued-by-homeowners-for-withholding-federal-bailout-funds/
Nevada
http://www.ktnv.com/Global/story.asp?S=12460636
Florida (complaints, but no suit)
http://www.insurancenewsnet.org/html/InsuranceNews/2010/0325/Bank-of-America-began-to-reduce-the-principal-amount-of-mortgage-loan-modifications.html
General (Florida mentioned)
http://www.huliq.com/8684/91486/regulators-investigating-complaints-against-bank-america-about-loan-modification-fiascos
Utah
http://4closurefraud.org/2010/06/06/bombshell-judge-orders-injunction-stopping-all-foreclosure-proceedings-by-bank-of-america-recontrust-home-loan-servicing-et-al/
Bev …
I don’t mean to be argumentative … really!
One dangerous aspect of what you’re suggesting is that we sit back and wait.
Unfortunately, I’m sorry to say, that’s a “victim mentality.” It implies that we are subject to lawyers, not the other way around.
I think this forum and ones like it exist to bring people together to GENERATE class action law suits, not wait around for them to magically appear.
Lawyers work for us, we don’t work for them. They are our employees.
Sure, they’re so-called experts on the law, but that’s why we hire them to represent our interests. It’s our place to find (and direct) them, not the other way around.
To me, waiting around for some notification that might not come is NOT an option. I have to be proactive. Anything less is “subjecting” myself to so-called authority, which is partly how I got into this mess.
I expected the mortgage companies to treat me reasonably, that their “authority” and expertise would unfold “fairly.”
After the last full year of bungling and systematic abuse I can hardly maintain that perspective.
Sheliah, I sincerely hope it all works out for you but I got my packet 6 months ago and have already signed the papers to finalize my new payments yet here I am still in a trial period. And when I call, they tell me I am still in a trial period and they haven’t decided yet whether to approve me or not. BOA does not know what they are doing nor do they care how many of us they screw over in the process.
I will not put my entire grueling story on this blog again, but I am in the same situation. I have a sale date of September 7th here in Georgia. I just wanted to remind the rest of you to don’t stop writing your congressman, attorney general in your state (I’m in Georgia). I have sent packets of all of my timeline of events, documentations, names and conversations to Oprah, 60 Minutes, CNN, and I’m not stopping. I’m sending these packets certified mail. I don’t know what will happen but it’s worth a try. Someone needs to know what’s going on. Also, Soledad O’brien, I sent a packet to her, too. Please start writing, this is the only way!
Same as you & we have same sale date. I’ve contacted Geraldo. Nancy Grace, originally from GA, gets my next email!
My son and his wife are in a nightmare with BOA – very similar story to what you all have related. I wrote a letter on their behalf and sent it to BOA indicating we did not want the loan to go into foreclosure- I would pay the full past due amount, but I wanted a detailed statemnent of what is owed. Since then we’ve talked with a rep who says they are in foreclosure. We were given a name of an attorney to talk with. When I called they indicated he no longer worked there. There is something very, very wrong going on at BOA and we’d be more than willing to participate in a class action suit.
I’ll recap.
1) Start a detailed journal/diary immediately. Record everything.
2) Write out a detailed timeline to the best of your memory.
3) Call, write, email your State/Federal/Local politicians and officials. Don’t ignore TV stations and newspapers.
4) Retain or get advise from an attorney. This is “statutory contract law,” and not about you as a real person under “Common Law.”
5) Get a 3rd party to make calls to BofA with you. Money Management International 888-881-7558.
6) Call BofA incessantly. Take the time. Don’t give up.
7) Keep up with your payments. This is a contract. That’s your end.
8) Keep in touch with these forums. Make local contact with others in this situation where you can and help the Class Action process.
9) Have your friends and family thank (and ONLY thank) your politicians for helping you. They need to know they’re being watched.
10) Remember that this is about “Statutory Contract Law” NOT about Right and Wrong. Boiled down, the system doesn’t care about human beings. We have to MAKE them care.
11) READ any contract that applies, or have it read and explained to you.
12) Research as you have time. LEARN about BofA’s pattern of behavior, contract law, who else is complaining, and make contacts as you can, such as the Better Business Bureau.
BBB Complaints —
odr.bbb.org/odrweb/public/getstarted.aspx
Possible Law Firm —
southcoastaccidentattorney.com/contact.cfm
Other Blogs/Groups —
fightingforourhomes.com/blog/?p=364
loanworkout.org/2009/09/bank-of-america-loan-modification-help-email/
http://www.consumeraffairs.com/finance/ba.htm
List of Complaints and Articles —
http://findbankeasy.com/catalog/…/search.htm?q=bank+of+america+mortgage+modifications+complaints&cat=4d54fdd39d21ede99aedc496
I am about to get into a lawsuit with BOA regarding a reverse mortgage that was obtained through forgery of my elderly parents. This was their last asset and it was stolen by my oldest sister and her children. BOA did not investigate the allegations that my parents lived in the property, which in fact, they lived in another state. My sister is being indicted for bank fraud, but BOA holds the lien on the property and it should belong to my parents. DOes anyone have any suggestions how a david can go up against a goliath?
please EVERYONE google and find your state reps.. dist atty.. AND ANYONE ELSE U CAN …EMAIL… FAX….WRITE.. CALL.. AND IF U DONT HEAR NOTHING DO IT AGAIN… the attys listed here did reply Freed & Weiss 1-866-779-9610.. thanks for that info.. WE ALL NEED TO BE SPENDING 15 MINUTS A DAY calling< writing< emailing< DONT GIVE INTO THEM.. THAT IS WHAT THEY WANT.. DONT GIVE UP AND LET THEM WIN THIS… BANK OF AMERICA IS IN THE WRONG AND THEY KNOW IT.. ONLY THE STRONG WILL FIGHT AND WiN.. PEOPLE DONT KNOW WHAT IS GONG ON in this world IF THEY DONT HEAR IT, READ IT, OR SEE IT.. Come on people dont give up… contact your news crews, papers, local and state wide… IT WILL B WORTH IT FOR ALL OF US.. FOR EACH ONE OF U R IN MY PRAYERS!!! may GOD BLESS
Thanks Don S, I had forgotten I had notified my mortgage insurance company when this all started and they were working with BOA so I would not go into foreclosure. I haven’t talked with them since Feb, I’ll have to give them a call and see if they can do anything with BOA. It is in the insurance company’s interest that I don’t go into foreclosure since they would have to pay. For those who have a monthly PMI, try calling them and see if they will assist you. I also gave this web site to my senators and congressman and asked them to please visit this site so they could read for themselves just a small sample of the people BOA is doing wrong. I may lose my home in the end but I will go down fighting!
Mortgage Insurance??
Frankly, it never occurred to me. I’ve had 2 refi’s since the original FHA (zero down) in ’94. I don’t even know if I have it.
Interesting point.
Just read up on it and if my loan is less than 80% of the value … which I’m sure it is … I shouldn’t even have it. It would be rolled into the monthly payment and I’d never see it. But if I do, I’ve been paying an insurance company needlessly. And the payoff would go to BofA should I default.
It’s not insurance for ME, but for them … and I’d have been paying the premiums for their payoff.
If they sold at Sheriff’s sale, they’d get both the proceeds and the insurance payoff, unless the insurance company deducts the proceeds. It would depend on the insurance contract I suppose.
Even more interesting.
Maybe I’ll double check to see if I have it, and if I do, get it cancelled (with an appraisal). With no mortgage policy on the property, there’d be no payoff to BofA, and more motivation to resolve.
Then again, your point is well taken. Get the insurance company to motivate them. The last thing insurance companies want is to pay out money.
Something to ponder … and research.
I’d like to join Class Action lawsuit please provide information – THANKS.
I have a story that is unbelievable , but true. I filled out the paper work in December of 2009 for a mod. In about 3 weeks (the middle of Jan) I get the paperwork for the modification, it was approved. I took the paperwork to my local notary and sent it back to Bofa. My first payment wasn’t due until the 1st of February. I sent certified funds for the 1st payment. I called Bofa and they said once the payment is posted the automated system will update . The middle of February , I get a loan mod denial letter. I call Bofa, they assure me the system is just slow, I had been approved, and the system will be update. So on the 24th of Febuary, I get a letter stating that my modification was sent out in error. I have an FHA loan and the mod was for a conventional loan. I tried 3 more times for a mod and NOTHING , nadda. My house was sold , they evicted me 2 months later and NOW I am looking for legal council to help me. This was Bofa’s mistake not mine.
My point to this comment is be very , very aware of a mod if you (by the grace of god) do get one. They still can pull the rug out from under your feet.
Im stunned. I still cant believe this is happening to me and shocked at the number of people in my same EXACT situation. I have taken everyones advice and written my senator, congressman, Attorney General etc. I dont know if there is a class action suit in NJ, If there is please let me know.
Has anybody heard or used “tila solutions”? Is this just another rip off company or are they a good resource?
Dee …
What State are you?
I’ve posted links above to various States that either have class actions or are talking about it.
It’s unlikely there would be a Federal (nationwide) lawsuit since contract or Statutory Laws come from your State. Remember, the “United States of America” is a coalition (group) of 50 little “countries” and you live in one of those countries, with its own Statutory Laws separate from the Federal.
If you read your Constitution, States are supposed to have MORE power than anything Federal, except protecting borders and interstate commerce, etc.
BofA has to be licensed in YOUR State to do business, according to that State’s Statutory Laws. That’s why it’s paramount that you get in touch with your State officials such as Attorney General, Representatives and so on.
In fact, mortgage foreclosures are INSIDE each State and do not cross interstate borders, so these problems are almost exclusively STATE problems.
However, it would be interesting to see if someone could prove a “systemic” violation of interstate commerce and Federal Statutory Law and escalate this to the Federal level.
Are there any lawyers listening out there?
Tila Solutions …
Read some of their site. One interesting quote is “They would just prefer to get rid of you.”
Remember the general corporate mantra … profit at any cost.
If you’re a liability with a floundering mortgage, they’ll do whatever they have to to get rid of you … and still make money … after all, that’s the ONLY reason they’re in business.
And the same caution with “services.” They are also in business to make money. Nothing wrong with that. It’s the American Way. But take care that they do what they say they do and aren’t just collecting fees with little result.
The overall business perspective in this country has evolved into preying on people rather than providing “service” to them.
We have stockholders to thank for that. All they want to see at the end of the month on their statements is profit. They don’t really care where it came from.
Who knows … check your 401K or portfolio if you have one … you may actually have stock in BofA and not even realize it.
p.s. or stock in Fanny Mae or Freddy Mac for that matter. And they’re the ones actually holding your mortgage, not BofA. BofA simply services/administers it.
hi i got all the records from clerk of court,,,they really messed up no writ of possesion …..got proof of enetering my house early
Ok, so get this we have been working with a loss mitigation attorney for 5 months trying to get our modification. BOA isn’t even considering us for a modification, not sure why but they are wanting to do a “partial claim” which I don’t want and never asked for. You can’t be more than 12 months past due to do a partial claim. We are 13 b/c of all the crap BOA has been doing to us. About 3 months ago the bank said we were approved for the partial claim and it was under the 12 month period. Well, they kept telling the loss mitigation attorney to call back and call back and call back. Well, now that we are past 12 months they say that we are approved for the partial claim but in order to meet the 12 month requirement we have to pay two months of our mortgage payment which is $4200 which we don’t have. They said we need to send it to them Western Union, once they get it they will then send us the paperwork for our review and to sign. IS THIS LEGAL?? Why would I pay those crooks $4200 and then look at my paperwork? Oh, yeah, the partial claim doesn’t reduce our monthly payment so what the hell would I want that for, we would be in the same situation we are in now. Please let me know what you think.
I won’t send them one dime apart from the payment THEY agreed upon.
I’ve got the office of my Congressman working with me and they seem to be steering me away from BAC, to another program the FedGov had set up in response to the fiasco BAC and other lenders are causing for homeowners. I’m also in contact with my state’s Attorney General’s office who says if the complaints appear valid, they’ll push for NCCOB (commissioner of banking) to get involved and I was told “off record” when they do and BAC fails to satisfactory answer the complaints within the short prescribed time period, BAC’s license to handle mortgage notes could be suspended, indefinitely. Those guys at BAC do not know who they indiscriminately screw over and they’ll strike one someday that will cause them extreme havoc.
I have an intuitive feeling when the crap really hits the fan and the truth of BAC’s practices, there’s going to be one BIG pile left in BAC’s hat, more than their board of directors can swallow.
I believe evidence will show BAC earned enough from the interest in the $25b “bail-out” money that they are now comfortable with “taking losses” on the mortgages as they can now afford to turn the foreclosed properties at a fraction since the interest bridged their anticipated shortfalls, PMI will cover some “losses”, and they’ll write off the few other remainders.
This is one conglomeration of BIG A$$ed Crooks in need of paring down.
How do I join or get in involved with the class action?? WA state here.
Everyone asking for a class action, .. you’re just not getting “it”
Waiting for some lawyer to come along and save the day, .. well only happens in the movies. That may happen someday, but it has to start with government action first.
Several here have made the point, as Keith does again.
It’s up to YOU to take all of your paperwork and notes and turn it into
a nice clear time-line, and GOT TO THE ATTORNEY General’s Office !!
The ONLY way this is going anywhere is with government backing, hate to say.
You’ll likely not find any attorney who’s NOT on BOA payroll in some way and going to take the case.
The State attorney general and them bringing in the NCCOB is the only way
to stop it. Once one state does it, .. it’ll domino rather quickly.
No one is going to do anything for any of “us”, .. only “us” as a group
can cause enough noise by sending or paperwork to the state and federal atourny generals offices, the Us office of comptroller ( where I filed my complaint ) and your Congressmen, call them, .. go sit in their office, etc.
There’s enough people being reached by just this one web site,
I hate to see how many others there are, .. but why can’t we as a group, arrange to all descend on the US congress offices, the Office of the comptroller, or the Attorney general, and make some noise.
Everyone else has a rally for something in DC, ( i live in northern Virginia ), .. why not us??
It’s VERY, VERY, VERY important for everyone to file complaints with the Treasury department office of comptroller. This is critical as they have jurisdiction over “national” banks the state might not.
http://www.occ.treas.gov/
Organize and conquer, .. .. we win, ..
cause they have http://en.wikipedia.org/wiki/Divide_and_conquer
Washington State
livinglies.wordpress.com/2010/03/24/class-action-lawsuit-against-bank-of-america-–-bac-victims-can-join-the-lawsuit/
4closurefraud.org/2010/03/23/class-action-bank-of-america-sued-by-homeowners-for-withholding-federal-bailout-funds/
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/
hbsslaw.com/home/
From Google “class action bank of america washington seattle”
Larae, Did you get any where with the class action attorney you were talking with in Ohio? I have written our Senators and my Representative and have yet to here from any of themthat is ok, ewhen election time rolls around I plan to let them know how they ignored me. Didn’t waste my time contacting the governor —it wouldn’t do any good.
Keith Davis, can you share the name of the FedGov program that you are working with now?
Is there anyone here from Maryland? My husband was diagnosed with a brain tumor last November. In February we requested a modification and got our papers and “trial payment” amount almost immediately. Since that time we have been “in review”…..during that review period….we have been told that we have all of our paperwork in, we haven’t submitted our paperwork, we are days from being approved, we’re being foreclosed on, they are closing our file, we are in appeal, no appeal was ever opened, that letter was sent out in error – just disregard it….it just goes on and on!! Yesterday (August 17) I received a letter dated 8/5 that stated we had until 8/12 to return MORE paperwork (that has already been submitted 4 times)….funny….their envelope had a postmark of 8/12 so our file was to be closed. After 90 minutes on the phone with 3 employees…a panic attack…and a nasty conversation….I’m told that if I would just reply in a prompt manner I wouldn’t be prolonging this process! I told them that they’re dealing with a federal program….they answer to the feds….so I’ll be back…”with the troops”! I hired a third party from the beginning because I was scared of dealing with BOA – I watched what they did to a friend of mine when her husband died. It was UGLY for someone that HAD great credit…now it’s crap. Speaking of credit…everyone does realize that they are reporting us late to the credit bureaus while we’re paying our trial payment, right??? SO…when they take our house….they will have ruined our credit…so how are we supposed to find new housing???? I have ALWAYS hated BOA….they are too big and they don’t care about their customers….I hope when I start contacting my Senator, etc….they care enough to help me!
we are waiting for a class action lawsuit to be filed on wellsfargo home mortgage.we have experienced the same type of lies as with these people with their mortgage companies. If any information please help.
Richard …
Please scan the posts above. I have a list of recommendations, as do others.
Please list what STATE you are in so others may contact you regarding a suit in your State.
A national or Federal suit is completely different than one within your STATE by residents of that State regulated by the Statutory Contract Laws within that State.
Contact others within your State to form a class action suit.
POSTERS —
Consider running an ad in your local or regional newspapers. Not all “victims” of this situation will be aware of this blog or even have access to a computer.
Our power is in numbers.
Consider any possibility of contacting others in your area, region or State such as Chambers of Commerce, church announcements, bulletin boards and email campaigns.
Many people may be embarrassed over their financial situation and are keeping it private. This is a mistake. It’s important to all of us that we come together and stick together (State by State).
We need to fight back…i’m currently looking for a lawyer to represent me. If any of you know of any in Miami Florida, PLEASE HELP!!!
I started my modification problems with Wilshire Credit Corp, my loan was then transferred to BofA in Feb. 2010. In the middle of my 3rd trial payment plan. Once transferred, I had to start all overagain and now BofA is doing the samething to me, submit paperwork and wait only to be denied. They put me into a different program, on Sept. 1 I make my first payment to yet another trial program.
Now I am getting letters from attorney’s for US National Association, apparently they are the investors of my loan and Bank of America is the servicer. They want to proceed with foreclosure, BofA knows nothing about this. I tried to contact the attorney’s and they will not talk to me, sent me an e-mail telling me to contact an attorney. I will be seeing one tomorrow.
Anyone have any ideas – advice? I am a PA resident and will be contacting my congressmen and States Attorney too.
Trish …
I would be interested in chatting with you about PA, where I am also. There are others emerging.
Ashtin …
This is all I’ve seen about Florida …
Florida (complaints, but no suit)
http://www.insurancenewsnet.org/html/InsuranceNews/2010/0325/Bank-of-America-began-to-reduce-the-principal-amount-of-mortgage-loan-modifications.html
Florida Horror Story
http://www.winknews.com/Local-Florida/2010-07-27/More-BOA-Mishaps#ixzz0uzAS6lxx
General (Florida mentioned)
http://www.huliq.com/8684/91486/regulators-investigating-complaints-against-bank-america-about-loan-modification-fiascos
Don –
I will let you know what the attorney says today when I talk to him about this MESS!
NJ here, Waiting on callbacks . Have contacted thru phone or email everyone I could think of. Im shocked at some of these stories. Mine including. I still cant believe what BOA has done to me. All the lies. My sale date is Spetember 2nd. I managed to get a three week postponement. (they know they are wrong) and am hoping someone will help in time to save my home.
I have the same story with BOA. I have documentation of every phone call and letter since I started this process in Sept of 09. Currently in foreclosure with a sale date in Sept. Still havn’t been accepted or denied by BOA. Please any info on joining a class action I would greatly appreciate it.
Kenny
Kenny – what state are you in?
Everyone who is saying that they have a “sale date”….have you been making trial payments??
I got a message from my third party today saying that I need in an appeal process and I’ve been assigned to an underwriter. I’ve been assigned to an underwriter before…so whatever….
Who knows how to go about securing an attorney who will take on a class action suit? I called an attorney today to talk to her about class action….she wanted $75…..maybe if I had that too I wouldn’t be in this position….everyone stands with their hand out while your feet are in quick sand….
Went to an attorney today. I messed up when I didn’t respond to papers that were sent to me via sheriff from the bank that is invested in my loan, not the servicer BOA. I called BOA when I received these papers they told me”not to worry about it”. Apparently these 2 banks don’t communicate with eachother even though they both are involved with my loan. Anyway long story short my attorney told me I was caught up in this roller coaster of banking blah, blah, blah. He said he thinks he can help me. They said I didn’t make 11 payments when I only missed 5 throughout a 16 month period the ones they told me not to pay until my “trial payments” were determined, really only 3 they told me not to pay – 2 I didn’t pay because I was totally frustrated! Make sure you are taking names of everyone who you speak and time of call, document all payments and make some sort of payment even if they tell you not to. They are scammers that are out to get you not help you…..
They have a lot of AKA…lol There is Bank of Defrauding America, Bank of Threatening America, Bank of losing Paperwork, Bank of Abusing America.
I have created piggybankblog.com for all of those who have been abused by Bank of America’s potentially irregular, fraudulent and simply abusive loan modification process.
My name is John Wright and I AM FIGHTING BACK!
John Wright
piggybankblog.com
Someone needs to teach BOA a lesson for deceiving struggling people like us.
hello again everyone… sorry that we are all having to go through this do to boa and there mistakes… please take it from me DONT GIVE UP… I have been dealing with this for over a year.. i have called faxed wrote emailed all the above and i call boa 2 and 3 times a week.. guess what? i got in contact with my senate and she forwarded my info over to the bbb and some other people for me… WELL after a year now boa is willing to wrap this up.. i am not sure how everyone elses case was but i was in bankruptcy and my agreement was sent through the courts… BUT I CAN TELL U THAT U CAN AVOID THE SALE AND KEEP YOUR HOME WITH A BANKRUPTCY CASE.. CALL YOUR BANKRUPTCY ATTYS IN YOUR AREA.. THEY CAN HELP STOP THE SALE AND MAKE THEM KEEP THERE WORD ON THESE MODS… DONT GIVE UP!! U R ALL IN MY PRAYERS..
Angie … What State are you?
im in tennessee
Angie …
I would go to piggybankblog.com from John Wright’s post above. Look through the opening page and find Letters to the CEO.
I know it will take time, but scan through the letters to see if anyone else is from Tennessee.
I would also write to John and ask him to add a section to his web site that will list any contacts he has … either BOA customers, politicians, agencies, lawyers, etc., so people can coordinate.
John seems to have taken the lead for being pro-active over this.
I received a modification in 09 that included my 08 taxes according to BOA. It was $100 more than what I had been paying with a year added on, but I was told it included taxes (escrow), as mandated on mod’s. I paid the premium and sent in my tax bill. I received several requests for my tax payment from city hall, and each time BOA assured me it would be paid. Lat Nov I learned from BA that there was no escrow with my account! BA then paid the past due taxes and raised my premium by $400 a month! I would never have agreed to a mod of more money if I didn’t believe the escrow was there! This couldn’t have happened at a worse time since I am now on disability. BA sent me paperwork to do “another” modification 5 months agao, meanwhile over half my income is for the premium. BA takes no responsibility for not adding the escrow they told me they had on the mod, even though they admit it was required! I have had my home since 8/89, and I’m slowly dying here with the increased premium. Any suggestions as to what I should do?
Lynda …
What State are you? Have you contacted your State and Federal politicians? Have you complained to the State Attorney General and Better Business Bureau?
Have you tried to find an attorney? Called Money Management International?
Please see suggestions above.
Don S., I’m in Massachusetts. I haven’t contacted anyone yet, I just don’t know where to begin.. waiting for a “decision” from BA has been since 3/10…
Lynda …
Please scan the posts above for suggestions. Several people have commented. Two of mine have suggested lists of action to take.
Personally, I think having this forum to vent and complain is terrific. But we need to use it to coordinate, also.
When typing, we should list what State we’re from, which lawyers, politicians or agencies we’ve contacted (web sites and email addresses) and other action we’ve taken so others in our State can do the same thing. We’d know who else is in our State or region to ban together.
A good rant is fine, but we also need to gather information and take action.
For those of you in Texas …
http://trla.wordpress.com/2010/06/30/bank-of-america-practices-force-homeowners-to-face-foreclosure/
Please pass it along.
There are various lawsuits filed against Bank of America that are listed on “Justia.com.” You will not be able to access the nature of these lawsuits unless you have access to the US Court’s “PACER” system, which means you need a lawyer or your State Attorney General’s office to do it.
Got to —
http://dockets.justia.com/search?query=Bank+of+America
… then click on your State.
Provide this page and information to your lawyer, politicians, any agency helping you and your State Attorney General’s office.
Again, this ONLY lists cases filed and NOT what the cases are about (other than general filing), but you can plainly see that many of them are over “real property.” Those are the ones you’re interested in.
You may either be able to join them, making them a class action, or somehow contact the plaintiff’s lawyer for additional information.
Follow the leads and research these cases. I know this all takes TIME and trouble, but this is the battle … LEGALLY … so you must follow the legal trail.
Remember, too that the list will also show cases that BofA has filed as the PLAINTIFF. You’re only interested in the ones where they are the defendant.
“Circuit Courts” (at the bottom of the Search List) are Federal jurisdiction, not State. These will be national lawsuits dealing mostly with anti-trust (monopoly) and violations of Federal regulations and the like, not contract law within your State.
At the moment, our mortgages are Contract disputes based on Statutory Law within our States. Federal (national) lawsuits would likely EMERGE from State lawsuits. For now you must concentrate State-by-State to protect yourself under your mortgage contract.
I know this is complicated and worst of all overwhelming, both time-wise and emotionally. But we have no choice but to keep our cool and follow the legal/paper trail to hold BofA accountable.
… so take LEGAL action. This isn’t about how you feel or what’s right or wrong, but what you can prove legally.
For those of you in Massachusetts with mortgages originating with Countrywide …
mass.gov/?pageID=cagopressrelease&L=1&L0=Home&sid=Cago&b=pressrelease&f=2010_03_24_countrywide_agreement&csid=Cago
This also has national impact which I do not yet understand.
Apparently, it has mostly to do with Adjustable Rate Mortgages (ARMs). Qualifications seem to be very specific.
For those in Nevada …
http://shortsalebasics.ning.com/profiles/blogs/bank-of-america-lawsuitlas
A Federal Trade Commission (FTC) posting on their official web site. An interesting read … and at the Federal level …
http://www.ftc.gov/opa/2010/06/countrywide.shtm
It may sound a little complicated and “legal,” but this is what we’re dealing with. I’m sure most of you will notice several familiar things.
Don,
Is there any help for Oregon residents?
Just did a quick Google …
“bank of america” lawsuit mortgage oregon
… and came up with a few pages on a recent suit naming Countrywide/BofA.
But also review the posts above. I have a list of suggestions, as have others.
Thank you Don!
Im in Oregon too and want to be part of a class action lawsuit. Im meeting with a HUD counselor this week for more help.
Can someone give me suggestions of what to do in Oregon…?
Shanako & Dan, I am in Oregon too. email me if you want. cheristewart@ymail.com
Yes Don, that’s just like them, I was only 30 days past due and they sent someone out to inspect our home and added all the charges to our payment, I refused to pay and they deducted it.
Now, I am trying to get a more suitable modification due to a change in my husband’s work status and subsequent early retirement. Here is a copy of a letter to U.S. Rep. Rosa DeLauro, who we hope will pursue this and not leave it on the back burner as most politicians do.
Mrs. Ronni D. Mandell
135 Jones Street
West Haven, Ct. 06516
(203) 934-4232
Email: 4everprancer@sbcglobal.net
URGENT
To: Rep. Rosa DeLauro
Dear Representative DeLauro,
In 2009, Bank of America processed a modification on our mortgage and it worked for about a year, then, my husband, who had suffered two disappointments with 2 ventures, one was a home-improvement network, where he would provide advertising and networking for independent contractors finding them jobs to bid on. More or less, he was providing them with leads and in return they would pay our LLC a certain amount, mostly around 10%. This had done well in 2008 and 2009 but started to get more and more sluggish due to the inability of homeowners to secure loans from the banks to make necessary improvements to their home. This is what caused us to ask for the modification.
Since that time, we were trying to start a another venture, but on limited capital for that from my 401-K, we abandoned that idea and we also realized that the contractor network was not working any more along with the fact that several contractors didn’t pay my husband his portion for finding them the work. He is now under-employed at 61 years old. He will be 62 on the 28th of December. With his upcoming birthday, I convinced him, after refusals from him, to apply for early retirement, which he has been approved for. He will receive the first check on February 23, 2011.
We, at this time, can’t make our mortgage payment for December or January and February will be late. Knowing this problem was arising, we called and always communicated with Bank of America. We also learned from many people in our neighborhood and friends that at the time of our modification, there was nationwide tour going on by NACA, Bruce Marks, who has influence with the lenders and investors was getting great deals on 2% interest for the life of the loan, plus substantial principal reduction. Our net income will be roughly 2,700.00 per month and we were told by an attorney from Ct. Legal Service to play hard-nose ball with the lender and for us not to listen to the baloney about the investor having to approve it. She said that they are losing money on the loan already, there’s no equity and they should be glad that we want to stay if something would be worked out willingly by BOA and the investor. She said to insist on a 30% principal reduction and 2% for the life of the loan and perhaps payments will be in the ballpark of 31% of monthly income as the benchmark. Give or take a few dollars. She also said don’t settle for less, if they say no, tell them to foreclose and that it will take time, it won’t happen right away and that we should save our money.
We want to stay but we’ve also been told by the CT. Banking Commission, reporters, the attorney that it would be an added help to us if we can get a lawmaker in our corner to call on our behalf as a 3rd party, to request or suggest that they do something meaning and modify the mortgage whatever way they have to that will have an approximate $900.00 payment per month.
My husband can, according to the social security handbook and if God sees fit, he can work part-time as long as it’s within the guideline amount permitted by social security, which I believe is $14,160.00 per year. Hopefully, he will be able to find something in this very tough job market.
This housing meltdown is the fault of everyone, the banks, the government and homeowners that bought homes under the too permissive programs that were available from the predatory banks with the blessing of the government. When we bought in 2000, my husband was employed full time as an office manager until his boss lost the business due to a personal problem in 2003. My husband was with that company from 1997-2003 when it closed. Since then, he worked a part time job for a year and half and then tried some businesses of his own, we were able to pay bills as a non-deductible expense from taxes and he didn’t draw a paycheck per say, but it helped but things did not go well at all after a while. He is tenacious and he keeps trying many things but, now with much diminished income, my 401-k plan pretty much drained, it’s difficult to get anything going.
We are both helpful that you will go to bat for us, we always here how you are the champion of your constituents, we voted for you in the last election and we would be greatly disappointed if you did not champion our cause.
Our contacts at Bank of America are:
Mr. Robert Serna-Negotiator
(877) 430-1431 Ext. 14139
Mr. Mark Martin
Office of the CEO
((877) 498-7226 Ext. 3916
(866) 681-5611
Email: mark.martin@bankofamerica.com
Ms. Barbara Desoer
President of Bank of America Home Loans
Email: barbara.j.desoer@bankofamerica.com
Mr. Brian T. Moynihan
CEO-Bank of America
Email: brian.t.Moynihan@bankofamerica.com
We need help with this, someone to be in our corner, even if it means just writing something to those parties above that you would like to see them do anything and everything in order to keep your constituents in their home.
Sincerely,
Ronni Mandell
Good luck everyone, this company is evil, they talk to you as if you were a fool, a low life and each and every employee is trained very well in that specialty of lying, condscending manners and totally disrespecting it’s borrowers.
Don S, I can’t read the Mass. article you posted but if it is about CW having to modify certain loans, that has already happened in Ohio. Unfortunately I don’t guess I fall into that category. You know, I should call the Attorney General’s office just to make sure I don’t fall under that suit.
Try Googling …
“attorney general martha coakley 3 billion”
That should take you to it.
NJ here
Cant find any information for NJ. Any help?
Christine …
I just Googled …
“bank of america” “new jersey” mortgage lawsuit
… and came up with a few hits. This being one of them with another NJ name in the comments …
homespace.com/uncategorized/bank-of-america-faces-class-action-lawsuit-from-borrowers/
If you use quotes exactly as I show them above, it makes Google search just that phrase and eliminates a lot of junk.
You can also use a minus (dash) after your search words or phrases to weed out words you don’t want to search. Put the dash in front of a word you do NOT want to search, like “overdrafts” or “shareholder.” As in … -overdrafts … or -shareholder … no space between.
As for what else you could do, I can only suggest you contact your State Attorney General, State and Federal politicians, and either a lawyer or Legal Aid. Maybe you can make connections through them. Then, just keep an eye out, obviously.
Just noticed another link. It looks a bit sparse, but is an official NJ State page …
http://www.state.nj.us/dobi/division_consumers/finance/foreclose_subprime.html
ThANks don,
I have contacted the meda. arnt yo from PA. I am talking with Steve Keeley from good Day Philadelphia. seem interested. maybe you should write him
What’s the contact information?
Sorry, NJ, PA
Go to Myfoxphilly.com
Good Day
Scroll to botom find Steve Keilley and email him.
Sent.
Crossing my fingers
Don,
Michelle Bukman clled me (fox philly) she is investigating and wants names and numbers and any documents dealing with BOA. she is Chief investigator. Steve Keiley forwarded our information. Have you heard anything?
Christine …
No. Haven’t heard anything yet.
Did you give her this blog link? I have, I think, three more, as well as other research.
But it’s good news. It means somebody is at least putting a bulb in the spotlight. The spotlight should never be turned off or burn out. These people love to work off stage out of an audience’s view.
Michelle.Buckman@FoxTV.com
I think I sent the link but will resend. Send her what you think might help. I will know more Monday. Will keep you posted
Hey Don, Did you get my messages? Havent heard from you. a. nythin happening with the contacts/
Christine …
Did you see my posts below? Michelle Buckmann came to my house (and another guy in Philly) and interviewed. It was on Thursday night.
myfoxphilly.com/dpp/news/local_news/mortgage-aide-program-gets-mixed-results
Not sure what contacts you are referring to. Also … sorry … which messages? If they’re not in this blog, I haven’t seen them. I usually read at night after work.
I think it’s time to post my email address …
donsweet@verizon.net
Ms. Buckmann was very helpful and sympathetic. It was a fair report, but she wasn’t able to let me state Bank of America’s name on the air. It was a legal thing based on my paperwork (which I didn’t really care for).
Holler anytime.
— Don
I am told that BOA DOES want our homes. Why? If they agree to a short sale, they lose money. If they modify your loan, it can only appraise at the value that the homes are now–they lose money. IF they foreclose on your home, they get your home to resell at another time, PLUS your mortgage insurance pays them full price on what your balance is. See, they want your home. I have mine for sale. I still owe 252K on it, but in this market, the offer was 187K. Pretty sad. BOA dragged their heels on this offer for 9 months. I had to give them everything except my first born. I left the house. I have three kids to support and make sure they have a home over their heads, so I left. I am renting now. If they got wind I left, I would have to fill out “abandonment” papers and it would get worse thatn it is now. I neglected to pay the bills. Hell, I have bills at the new house I am renting now. The electric company shut off my electric, now the sump pump failed to work, NO ELECTRICITY. The basement flooded. Now the buyers have decided they don’t want the house, NINE MONTHS LATER. Whatever, I don’t care anymore. I have given up. I have been sick to my stomach with all of this. It is not worth it to me anymore. Good luck to you all!
So the same thing has happened to me……. go figure! I was originally with Taylor Bean & Whitaker. When all this began in December of 2009 for me I tried to modify my mortgage. I was told to make my January payment and TB&W would move me into a mod program. Well wouldn’t you know it 3 months later as I was to sign papers, TB&W went bankrupt! It took till April before BofA got my loan and knew anything about me. I was now 3 months behind and BofA was to put me into a program. Long story short, I have been fighting with them since May 2009! I went through a housing counseling agency and 30 days before my sale date, which was suppose to be 8-2-10, I got word that I had been approved for a modification. BofA pushed out my sale date till 9-1-10. I received mod papers via FedEx on Friday the 13th. I was to have a payment along with all the papers signed and a couple notarized in their office no later then the next Wednesday (the 18th). I have sent all that in, and while still in pretty good contact with the modification person. I e-mail this gal at least once a week now and she has informed me the papers were received and my new payment is due 10-1-10. Talking with the housing counselor, she said that it was a good mod and so now I guess I go back to making mortgage payments. The counseling agency I went through was called NEDCO. I live in Oregon if you wanted to know. It has been almost 20 months since I have made a house payment but it looks like I finally got a mod!
I have tried to get a modifcation w/ Bad of America (B0fA) since Dec. 2008 and is all I ever got was my home sold on a sherrifs sale on 06/02/2010. I was never offered anything from BofA. I am a disabled 67 yr old widow . My son who has C.P problems is with me. We want and need to stay in our little home to help and be of support to each other. BofA and thier attorenies even told my attorney that my home was not put on any sherrifs sale even 7 days after the sale. They bought it back for double the value of the home. BAD BAD BANK
I am in shock at how many people have gone thru this nightmare too This has got to stop. Not sure what we should do here but I know we will be calling an attorney. BOA has ruined our credit and our lives. We were going to pay what they say we owed even though we dont just to get them off our backs and then try to sell just to get out of this crap. Now I am not sure what we should do. BOA has made home ownership a nightmare.
Michelle,
I live in Denton, and am looking for Texans to join me in a class action lawsuit, please write me at BOAisGoingDown@yahoo.com
Im in with you. My email is jenlea_76@yahoo.com I am trying to find a lawyer now. My home sold at auction yesterday. Anyone know about how long we will be able to stay in our home? I am in Cleburne. Does BOA give any offers after sale in auction?
To all of you that live in California, Has anything happened yet? Has anyone of you contacted an attorney that has taken your case as a class action law suit? if so please let me know along with all of your permission to copy your comments and bring them to court with me. Boa told me they were working a loan modification for 3 months, but I never reveived anything from them. They also told me that the sale date listed wasnt a true sale date and when I called the Trustor’s office I was told it was infact a true sale date and they were going to sell me house. Then I was told they were going to reverse the foreclosure and I could rent the house from them while the reversal was going through, and I recveived an anlawful detainer(an eviction) I just got the court date and it is October 8th, 2010. I have filled out all of the paperwork and feel very confident with my case even though i know i am not an attorney, what choice do I have? I just hope that when I do go to court that the judge will be sick and tired of boa doing whatever they wanted, regardless of the outcome and make them responsible for all of the heart and gut ach they have caused and allow my wishes requested in my response with FannyMae and BoA. This is not right and they need to be stoped from throwing people out of their houses.
Sincerely,
Margo La Bayne
13786 Bison St
Corona, Ca 92883
Margo …
As I suggest below to Angelita, please read back through posts. California is discussed several times. There are also links to web pages specifically about California. In fact, California currently has a key class action brewing. There is a law firm clearly mentioned in the web pages in the links.
As I mention to Angelita below, remember that your judge cannot concern him[her]self with right or wrong. He/she is bound by the Law. Naturally, the judge can make “judgement calls,” but for the most part, Statutory Law in your State dictates what they can and cannot do. BofA knows this, and has floors and floors of lawyers working in cubicles and offices reading through the Law. They even hire outside law firms in your State to specialize there.
Also, a court will not necessarily be sympathetic to someone who walks into court with strictly emotional pleas and no knowledge of the Law (or representation). Judges may get documents or filings that a lawyer or legally savvy person could easily stop, but the judge will be bound by the Law to allow the filing and action that results from it.
Primarily, get legal advise, even if that means calling Legal Aide.
Margo …
Before you finish packing, you might want to take a look at this …
youtube.com/watch?v=-6uNSDz876s
It’s a February 2009 broadcast, so it might be an idea to look around for updated information … particularly with your own California politicians, Attorney General and personal attorney … but what Ms. Kaptur recommends sounds like a plan to me.
I would like to be added to the class action lawsuit what do I need to do?
Angelita …
I would strongly recommend you look back through previous posts.
At the top of this column is a line with an arrow that says “Previous Comments” in light blue. Click on that to read backward.
Yes, there are many heart-rending stories and emotional pleas, but there are also suggestions from other posters and myself. There will be lists of suggestions, but just as importantly, explanations of what all this means. Please pay the most attention to the suggestions, lists and and links.
It is critical that you understand your suit would most likely be with other people in your State (not nationally).
It is also important that you understand this is about the LAW … Contract Statutory Law in your State to be exact. There are certain things you will have to do in order to satisfy that law.
After reading back , feel free to post additional questions. We’re in this together … at least for gathering information to help each other.
My personal nightmare.
This program only benefit the banks so they don’t end up with another foreclosure.
Back in October 09 I called Bank of America and only inquired never signed up. Plus I did not even qualify since I was on unemployment. I called several times to find out more information about the process finally a supervisor actually told me it would ruin your credit. They hold four payments as if they are late waiting to see if you even qualify.
Thinking I had no worries since I did not sign up I continued to mail my payments in regularly as usual.
I had a new roof put on and had to send my insurance check in to the bank for their signature. When they did not send it back I called the bank and phone call went directly into the collections department. (what the heck I have always had perfect credit) They kept telling me it was a computer glitch. Finally I got the check back.
Then in December I noticed my house payment had not cleared the bank and was going to be late. I called the bank and once again my call went directly into collections. After several calls and being put on hold and then being hung up on I found out I was put into the Making Home Affordable program and they were holding my house payment checks for four month, which would ruin my credit. I went to the nearest branch and sat for over four hour refusing to leave until this was straighten out and my payment was made. Actually the bank had closed and I was still there. Finally they said is was straightened out and I had a receipt for December’s house payment.
This continued to happen and it has been a terrible struggle for me to try and clear this up. Finally one Branch Manager has helped and got BofA to pay one house payment for me for all my trouble while they attempt to straighten this out. They continue to say it is a glitch in the system and they take the codes out of the system and some how the codes were back in there again the next month. At one point I went from the MHA program to the Forebearance program which I did not agree to either. The codes appeared and more form letters would generate and be sent to my address. Bank of America has been unconcerned and I am just a number to them.
I should of sued them and been done with them. I tried to contact Clark Howard but his rep just told me there were so many complaints for the MHA program just to contact the OCC. I tried to call the news station with no help.
I finally wrote a complaint to the OCC and that got their attention. After being passed around to four different employees at a higher level as they all remind me now that my account goes directly to the Office of the President instead of collections. I hand fed each person all the information and lead them to the code problem and they remove the code and think they are a hero……. One lady was actually cleaning up my credit month by month while everyone else told me since I was current it had not affected my credit even after I showed them my credit report stating I was put in the MHA program and only able to make 1/2 of my payment. (beware of this program it will really mess up your credit and you still owe all the money) as far as I can see it only helps the banks. The lady that admitted my credit needed clearing up no longer works for the bank and all my messages just went to her voice mail until it was full. When I contacted the office of the President they acted like they never heard of her and she did not work there. Then a rude person was assigned to my case who knows nothing about my 8 months of hell as she started with my case in May. She continued to tell me my credit was fine and all I received from BofA were form letters showing each month they sent some type of corrections to:
Equifax, Experian, Innovis Data Solutions, and Trans Union Credit. I have a three ring binder full of documentation.
I asked the latest rude person from BofA what they were going to do for me. She offered me a gift card to Target for the hours I had put in (which was way over 200 hours.) But she boldly stated no more house payments would be made. My payments are low as I had to take my escrow away from them as I found them way over charging me and oopps there were more glitches in the systems stating they had mailed me escrow checks that I never received. Now I pay my own taxes and my own insurance. Needless to say I don’t trust BofA at all.
Since I still had no resolution to my original complaint I contacted the OCC again (they are an organization like the Better Business Bureau for Banks) and they asked me to fax in an addendum. Which I did and now I have faxed and mailed in two more addendum complaints.
Lo’ and behold as soon as I sent in another complaint this employee made another house payment which is a small amount in comparison to hours I worked. She never called me and told me. She does not return my calls. When I fax her document I have to refax them. Wow I did received a FED EX with another wonderful form letter stating I had been DECLINED for the Making Home Affordable Program after 10 months of HELL. I wonder what detrement that has caused my never blemished credit.
I wished we could stop mortgage companies from selling our loans to these high powered Banks. Why do we have to use these banks? Since we are paying the payment why can’t we pick the bank. Why does a refinance cost so much money? I am thinking about just walking away from my home and just renting. Your thoughs and advice on a Short Sale. At this point I just want the heck away from Bank of America.
Sorry this was so long. I just saw an advertisement for the Making Home Affordable Program on Yahoo and wanted to warn everyone to beware of this program.
If you have decent credit there is no help for those of us who truly need the help.
P.S. August 25, 2010
Today, I received a second statement for my September payment stating I owe $1,464.99 for escrow. I went through a lengthy process back in January and qualified to have my escrow cancelled. I need your assistance Bank of America is continuously billing me incorrectly and making mistakes on my account.
Marie …
My heart-felt sympathies on your distress. I’ve been going through this for a full year, having fended off a Sheriff’s sale since September of last year.
I don’t know if this will help, and again, I’m a complete amateur, but I’ll give you my understanding.
One very important thing to remember about mortgages in distress is the fact that they will always be viewed through the courts and the Law. Emotional distress is last on the list, not first. Courts and judges will likely see problems with a mortgage contract as started by YOU, not the mortgage company. Your case it may be a little different. You explain that you didn’t volunteer for the MHA program, yet you find yourself in it. But most are started by missed payments … technically a breach of contract … and NOT a breach of contract by the mortgage company, but by YOU.
Since mortgage companies successfully service millions of contracts (millions DON’T have problems), courts will look at YOU first, believing the bureaucracy of the mortgage company is functioning just fine. You’re viewed as the exception to the rule, not the rule.
What a class action law suit would do is draw the attention of the court to the [alleged] fact that it is NOT the exception, but a broken system. It’s very difficult to convince a court or judge that a huge system that “successfully” services millions of loans is broken.
The ONLY way to do that is in great numbers … a “class” of people that have been wronged … hence a class action law suit.
One-by-one it’s a STEEP uphill battle for one person to convince a court. Many people banded together with a common problem … often called a “systemic” problem … have a MUCH better shot to show a court that a corporation made a mistake.
But be careful of the difference between a “mistake” and doing something intentionally. It’s NOT a guarantee that you’d be compensated for that mistake since courts also allow for mistakes. You have to prove the corporation INTENTIONALLY hurt you, which is even harder to prove. It’s called “malice.”
Corporations KNOW that they can get away with something that looks like “incompetence.” They KNOW it’s hard to prove “intent” or malice. It’s one of the first things they teach you in law school.
A class action law suit would either have to prove such horrible incompetence that it was unforgivable (by the court), or prove INTENT to defraud its customers.
Either is possible, but it would likely ONLY happen if great numbers of people filed together.
Again, this isn’t about Right or Wrong, or how badly they made you feel, or how much this disrupted your life, but about the LAW and what you can PROVE. This is why documentation of your experience is absolutely critical.
A corporation is going to be blind, deaf and dumb to emotions and ONLY respond to the force of law … and they will push that law to … and beyond … its limits for the sake of profiting every red cent they can get their hands on.
After all, that’s what their stockholders are demanding every single month.
Im having simular problems, I had called BAC about the home loan modifaction program, they said I should get it, that was in May 2010, they say wait 45 days for the paper work to come in, never did, called again they say they sent it out, wait another 45 days, now they raised my mortgage up by another $300, I call them they say because I applied for the modifaction program it was mandontorty that they add my home owners insurance to a loan that I can’t hardly afford now and I already have home owners insurance that I have always had seperate! They told me to get my money back from my insurance company, well I refuse to as I have never recieved any paper work for the modifaction program untill just last week, they now have me late on mortgage even though I have never been late on a payment and only will send them there rightfull mortgage money! So Im no going to be put in default and they ruined my credit, this isn’t fair to me, nor is any of this fair!
Louise
Who do I contact to be included in this class action lawsuit?
Candice …
Please read my posts to Angelita and Margo above.
Thank you for your advice and stories, sad to say but the Attorney General was correct when stated if BOA was doing this to me they were doing this to alot of people. I have a question for those of you out there that were evicted by BOA in California. When you went to eviction court and stated to the judge what transpiried between you and BOA the judge still ordered you out? so not only did you get a foreclosure but in addition to that an eviction on your credit report? How long did the judge give you to be out by? how did you find a place to live with all of this on your credit report?
I appreciate your time for giving us your answers. I have notified the two attorneys for california but haven’t herd back yet.
Thanks s again,
Margo
P.S. Through all of this has anyone challanged BOA to produce the wet note? if so what did the judge say about this? I had herd that the judges are stating eventhough that is the law, we as homeowners can challange our lenders to produce the wet note, the judges are throwing that out of court. Anyone know this to be true?
Margo … Although I’m a complete amateur, it’s my understanding that the way courts view the “Produce the Note” strategy, they will see you as trying to wiggle out of a substantial debt. If it were a small IOU, no big deal, but a mortgage is tens if not hundreds of thousands of dollars. Courts don’t view that lightly, even if the mortgage holder is worth billions.
If you were going up against “Joe Blow” who was claiming you owe him something when you don’t, that’s one thing. But this is a mortgage company with millions of mortgages, with you on their list. It’s not likely a judge will believe that no contract exists between you.
Funny how you, as the little guy, can get screwed on a “technicality” but the mortgage company probably can’t.
In the end, you might be able to use the lack of a physical mortgage note against the mortgage company as leverage, but the courts will still expect you to pay. They can still prove the existence of a debt with other paperwork.
Do any of you still have copies of your Deed Of Trust, mortgate note, loan application, etc.? Have you read it THOROUGHLY?
THAT NOTE is where you will find the best solid ground as the note will clearly spell out the amount of fees the servicer may charge you (mine is 4% of the LATE amount). I have copies of every transaction with BOA cashing the checks well before the contractural fifteen day grace. That means the only legal charge BOA can assess is the 4% on the difference of the unmodified payment and the trial amount paid.
Look at your contract, look at your payment history. Look at their claim(s). If the accounting doesn’t match up and you’ve paid excessive charges, you have a case for a lawsuit.
BAC STILL won’t provide me with an accurate accounting of my payment credits nor the “arrears” they are claiming and under law.
I don’t care how big of a corporation BAC is, they just cannot claim someone owes any amount without an actual contractural basis stating the charges are legitimate. There’s where the Office of the Comptroller can skewer and barbeque BAC, if it’s proven to have become a habitual occurrance with them.
I don’t want BAC’s modification. I want to sue the help out of them for breach of our contract, but I have had to pay what they claim and now prove I’m in accordance with my contract – then I can file suit for their mishandling, because no “crime” is really done until the money changes hands. I don’t want them claiming, “Oh, it’s just a simple mistake..” and them getting off easily. I want them to PAY for their negligence and incompetence.
Read your contract documents. The Judge will. Make sure you’re within the contract requirements – you also need to be VERY aware of your state’s foreclosure laws.
Has anyone heard of NOD Consultants out of California? Good or bad?
Husband contacted them from a card in the mail. They wanted us to put money in a trust, around $2500. I told him not to do it. Got a call and e-mail saying that BOA had an offer and ready to rescind it. We had Countrywide and were “messed up” by them and given the wrong guidance. Now BOA won’t work with us and we want to stay in our home. There is no good or bad info on NOD that has me skeptical, plus I had heard NoT to give money up front. Don’t know where to turn for help now. Using tips from posters but not getting anywhere. What is Hope Now good for…………………..
Teri …
Other than Money Management International, a non-profit connected with the Hope Hotline, I’d avoid “agencies”. I’ve read too many horror stories in the last couple weeks about these businesses. Some have been heavily fined or gone out of business. Not to say all are bad, but how do you tell the difference?
Stick with your politicians, your State Attorney General, the BBB and other regulatory agencies. Get a lawyer, even if you call Legal Aide.
My State assemblywoman’s office and (Federal) Congressman’s office have been VERY helpful.
But you’ll also have to have your act together with your paperwork. Especially if this goes to class action, a log/journal/diary of your experiences is ESSENTIAL, as well as having all your mortgage document ducklings in a row.
I’m sure BofA will POUNCE on the opportunity to toss you into the street with faulty paperwork. If it is faulty, not even a Congressman can help you.
Predatory is as predatory does.
I hsve had the same problem with BOA,I made my payment from June of 2009-june of 2010,BOA said I haven,t made a payment from nov 09 to March 2010 ,I went into BOA with my checking account statement,only then did i get any help,but it really didn,t help they put my home up from sale ,im now in the process of filing a lawsuit now,if you are interested in forming a class actin sue in Michigan,they stopped foreclosure in 23 states but not michigan
Never pay money upfront. The federal government has a website that gives specific instructions on this. A company that asks for money upfront is not legit. Be very careful.
“But be careful of the difference between a “mistake” and doing something intentionally. It’s NOT a guarantee that you’d be compensated for that mistake since courts also allow for mistakes. You have to prove the corporation INTENTIONALLY hurt you, which is even harder to prove. It’s called “malice.”
Corporations KNOW that they can get away with something that looks like “incompetence.” They KNOW it’s hard to prove “intent” or malice. It’s one of the first things they teach you in law school.
A class action law suit would either have to prove such horrible incompetence that it was unforgivable (by the court), or prove INTENT to defraud its customers.
Either is possible, but it would likely ONLY happen if great numbers of people filed together.”
THIS IS WHERE the power of this blog, and others like it can come into play.
As a group, .. we can show intent !!!!!! they do the exact same thing to everyone, .. take the info and lets go make some big noise !!!
c
Dear Friends, HERE I AM ONCE AGAIN
I greatly appreciate you taking the time out to review my situation. I wanted to take the time to explain the situation I am in with BOA. I had gotten behind on my house do to having caner and not able to work. I filed a chapter 13 bankruptcy and was doing great for 4 years paying my payments on time. Bank Of America then purchased my mortgage from country wide and came to me and my attorneys with a nice looking loan modification that would take me from a arm rate to a fixed rate of 5.5%. My attorney liked the look of it so we took it to the chapter 13 trustee court, where it was approved. This was to take affect Sept. 1st 2009. The courts modified my bankruptcy to reflect this modification and began making payments. I was still in bankruptcy making my payments to them and they was paying the modified mortgage to Bank Of America. I was also making payments my self from my checking account while bankruptcy was still in place for 6 months. So they was really receiving 2 payments a month. 1 thru the bankruptcy courts & 1 from myself. Bank Of America assured me the modification was done and I could dismiss my bankruptcy saving me money each month. I did so and when the bankruptcy closed they told me I was under foreclosure without a sale date.. This was the first of march. They would not take my payments any longer. I call at least 1 time a week and they finally got my loan negotiator to call me and he advises me that they was wrong for not taking my payments and that I needed to mail my payments to him, so I mailed a check in to the address he advises me. The check is 35 days old and just now went threw my bank. Every time I call they tell me that there waiting on the closing process to take place.. I have nothing to worry about. That really I’m not going to foreclose and there going to have everything fixed in the next 2 weeks and it is never done. Although before they read the modification notes on the case they tell me I’m under foreclosure without a sale date and behind 19 payments of over $9000.00. I then ask what is the status of the loan modification and that is when the story changes. They say they will email my loan negotiator and have him call me. He never calls back. They email his manager they never call back. I’m lost and don’t know what to do now I start looking on the computer and see thousands of cases like mine. What can we do? This is so unfair. I then start emailing, calling, faxing, crying, all over and over again. I got a phone call and emails from my state senate DIANE BLACK who forwarded my complaint to the OCC. So when the BBB and OCC gets involved now that it has been over a year I get a phone call from the loan negotiator and he tells me the problem is the contract that went to my bankruptcy courts a year ago had the wrong date on it. We need to sign a new contract due to BOA error. He says they are going to get it fixed when I send in the new contract. HOWEVER 20 minuets after the contract arrived from fed ex I get 3 letters in the mail certified from a law office that has been hired to foreclose on my home. I call BOA they tell me I now have a sale date of NOVEMBER 18th. I leave a message for the negotiator and he calls me back to tell me that it is in error there not suppose to be continuing collection and takes the law office who sent me the letters and would call them and return my call tomorrow. I called BOA later in the day and they put me on hold for a long period of time and now they send me to the president and CEO office where they said it is due to me having filed the complaint to the OCC. I am waiting on a phone call from BOA Rep in this office that was assigned to my “case number” and assured they will get it all taking care of. I don’t know what to do next. ANY IDEAS WOULD BE GREAT. Please contact me @ info provided below
Sincerely,
Angie_hud_82@yahoo.com
WORD OF ADVICE FOR THE DAY: DONT GIVE UP.. PRAY<CALL<FAX<EMAIL<AND DO IT ALL OVER AGAIN WE WILL WIN AS LONG AS WE TRY HARDED THEN THEM.. LETS KEEP UP THE GOOD WORK EVERYONE 🙂
Angie …
Sounds like your attorney dropped out of involvement somewhere along the line. What does he/she say about all this?
thanks, don
he did drop out.. he seems to think they will get the error fixed and if it is not fixed with the new mod papers after 30 days then he will do something.. lol.. we all know how this works.. but i am contacting everyone.. i know i can do another bankruptcy and the trustee will make them hold to the contract.. but why would i have to put another bankruptcy on my credit for there error? this is BS.. i will keep u posted don.. thanks for being so active on this.. only he strong who fight back will win in the end..
Where do I sign up ? After filling out B of A paperwork TWICE, they would still not modify my mortgage, in spite of the fact that I had been unemployed for 8 months. I short sold the home, after making it CRYSTAL clear to B of A that I wanted to keep my home. Now, I am getting harassing letters from a collection agency on behalf of B of A AND foreclosure notice’s , even though b of A has been aware that I have been under contract with a short sell company for 5 months.
George …
Please glance back at posts, particularly to mine to Angelita and Margo above, but there’s others with good advise.
BOA-
What can I say that is different from all that I have read? Nothing!
I am living this misleading nightmare. In the summer of 2009 I chose after many calls from BOA offering me to modify, to not apply and to continue making up a couple of past payments to get current and apply for a refi in 14 months to extend my loan. But one August afternoon, I came home and was greated by a local realestate agency HIRED BY BOA to RECRUIT ME into the MHA modification. The agent was so kind and understatanding and wanted to get me on the phone to talk to BOA because this was such a great opportunity for me and would eliminate the need for me to refi in 14 months.
On the phone with BOA -I expressed my concerns and explained I had a balloon coming up in 14 months and wanted to be current to be eligable.He reassured me that this modification would be better for me, as I would not have to refi- I would be able to extend my loan with this modification. I beleive his words were- YOU ARE PRE QUALIFIED.
Well- 12 months later…I have a shortage of 10,000.00, a letter threatening foreclosure unless I pay the shortage and a balloon due in October of which I cannot be qualified for now with a shortage showing .
I have made every payment requested by BOA every month on time. Called and e mailed several times a month to be told IT’S IN THE SYSTEM- NO ONE ACTUALLY HAS YOUR FILE-KEEP MAKING THE MODIFIED PAYMENT- NO, YOU DO NOT SHOW A SHORTAGE-IT TAKES TIME-YOU NEED TO RESEND UPDATED DOCUMENTS and so on every time I call.
I am working with Operation Restoration. I have filed a complaint with the OCC, my attorney has e mailed and called BOA.
What kind of protection do we have-deserve from this kind of misleading-misrepresentation of a LENDER? If anyone has any further information on how we can protect ourselves from this scandal PLEASE LET US KNOW.
If the borrower is complying 100% with the request of the lender how can we be at fault?
I will fight about this! I will not loose my home due to a pre planned scheme!!
Single mom,
Atlanta,Ga.
To single mom in ATL; have you found out where to join class action in georgia? If so let me know. I have found ant atty interested. I don’t out much info here b/c I feel BoA is monitoring. The day after I discussed MERS on here, the ups-ed. ‘Transfer of security deed’ to clerks office in my county. The 1st even thouh 4 banks have had t since closing. I’m reinstating today, but expect foreclosure to begin @ any time. I’m praying for all of you & hope THEIR time comes in my lifetime. BoA employees are well trained in manipulation-remind me of ‘carnies’!
The more light, the better …
Charlotte, NC
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/
Sorry … the link above should have been —
http://www.ktnv.com/Global/story.asp?S=12970388
I am having the same problem with BOA regarding wind insurance on my townhouse home in Honolulu. They applied a lender placed forced wind insurance policy for over $3300 even after the townhouse association insurance agent and I provided information to their customer service . After more calls and info faxed to BOA they now have a applied a credit to my escrow but are still charging me $191.11 for the time their policy was in force. I am now trying to get this charge removed.
Word of the Day
“Legalistic” … is a descriptive noun that characterizes the behavior of a person or organization that sees and reacts only to the legal, rule or law-based guidelines of a society.
Whether we like it or not, our world has evolved into one that revolves around the corporation, the “institution.” This country is fast becoming something that is not about the dignity or “inalienable rights” of the individual. It’s being structured by “law,” and not Common Law (look it up), but corporate law, also known as statutory law.
The sad fact of the mortgage matter is that it’s regulated not by how you feel, what you believe or what’s right, but what’s written down in man-made laws.
When these same institutions begin to manipulate, stretch or maneuver the law, only the bright lights of truth, hand-held by great numbers of moral people will make them adhere to it … and they will ALWAYS manipulate. It’s simply the nature of the beast.
You’re in their arena whether you like it or not. You signed the paper. That yanked you out of your Right and Just and True and Moral world into theirs … paper and rules.
Beat them at their own game and hold them to every blessed rule.
I got the approval for my Loan modification and start paying my monthly bills for 2 months.but i recieved notice of forclosure the Place i lived my sister house and certified mail.Can i sue Bank of America..any advice
well another attorney turned me down for class action suit,anyone got any leads call me 704 -524-1098 nc
Same story, all documented. BofA sent modification papers which indicated I had until August 5, 2010 to accept a BofA modification and then they sold my home on July 30, 2010.
To Don S:
Thank you for all of your inspiring words. At these times when I feel very much alone you make me feel as if I am not. I will continue to fight and stand up for us all. I go to court on October 8, 2010 in the Moreno Valley Courthouse in Ca. FannyMae and Bank of America told me I could rent my house while they were reversing my foreclosure instead they sent me an Unlawful Detainer(an eviction). I filed the papers and now have a court date, along with all of the documentation that I have I am bringing a prinout of all of the coments written . I hope the judges are finally getting sick and tired of what these lenders are doing a make them an example. Any comments from you would be appreciated and acted upon.
Sincerely,
Margo La Bayne
Margo …
Glad to hear you’re forging ahead. As you can tell, there’s a lot of people pulling for you. We’re all coming together (not necessarily planning to!) to fight the good fight.
Not sure how often I’ll be doing “Word of the Day,” but I have another below.
I should probably repost my previous list, too, and get it down here for new posters. Anyone else is encouraged to do the same.
Again, best of luck Margo! Break a leg!
I would love to join a class action suit because I know what BOA is doing to the american people is criminal and they should to held accountable.
Loan # 870769017
Word of the Day
“Unwashed” … You hardly ever hear the word “unwashed” outside the phrase “unwashed masses.” It’s unfortunate, too, since that use of it makes it all the more negative. “I forgot to put my unwashed clothes in the machine,” isn’t something you hear every day.
But you DO occasionally hear or read “unwashed masses.”
That’s you.
At least that’s you to certain people. These are the folks that get a mint on their pillow every night. These are the folks who’s great great great grandchildren will not only not have money troubles, they’ll be attending the finest schools in the world, then move on to nation-building jobs, if they work at all, really.
You are the people they see scurrying around far below their penthouse offices, glance at from their limousine windows, or ignore from the windows of their corporate jets. To them you are merely a resource, or in their lingo, occasionally a “profit center.” Unless they can get what little money you have, you are merely a nuisance.
You could not be human. Not in their definition, anyway. You’re uneducated, or too fat, uncultured or just plain “common.” To them a human being is someone like them, sparkling clean, dressed to the nines, groomed, fed and cared for by an army. If they cook, it’s for joy. If they turn a wrench on something, it’s a hobby or a passion, not a necessity.
What you know, they don’t know, despite their education and experience. You know laundry, car repairs, changing diapers, cutting the damned grass and wondering how you’re going to pay your doctor for those hypertension pills.
By the millions you are there for them to use and extract resources. At least that’s the way they see it. They mold the environment you live in. They make rules. They set the tone. They influence politicians and the law. They form the training programs their employees learn from and obey with precision.
If you get shallowness and phony courtesy, it was designed and put there. Their world is built around shallowness and phony courtesy. It’s not their intent to be “nice” while they suck every nickel out of you. Being “nice” merely keeps you compliant … as one of those unwashed masses who wouldn’t know how to tie your own shoe unless someone explained how to do it.
Don S:
Thank you again for your words of wisdom, I really do appreciate all of your insights to this problem. I will call for legal help that has been offered to me tomarrow. To those of you in California that took your foreclosure all the way to the unlawful detainer stage, I am asking how long did the judge allow you to stay in your home after the court date. I have started packing but really would like to know some kind of time frame. I go to court on October 8th, 2010 in Moreno Valley, Ca. I am hoping that the judge I get along with the legal help allow me to stay until the classaction lawsuit is over in court(I know I am streching it a bit far) but hopefully the judge I get will already be sick and tired of hearing what Bank of America has done and make me an example and allow me to stay. Wouldn’t that be a VICTORY in itself?. I know everynight before I go to bed i clap my hands three times and say I believe, I believe, I believe. I am hoping this puts a smile on most of your faces because we are in this alone, but we are together.
Margo
Margo …
Before you finish packing, you might want to take a look at this …
youtube.com/watch?v=-6uNSDz876s
It’s a February 2009 broadcast, so it might be an idea to look around for updated information … particularly with your own California politicians, Attorney General and personal attorney … but what Ms. Kaptur recommends sounds like a plan to me.
Particularly for people from Ohio, but for everyone since this is the Federal Reserve, this is 20 minutes well worth spending.
“It’s all Greek to me,” although I understand some of it.
This describes where all your troubles originate. This is where the “policy” of YOUR financial life is decided. But actually, the person being interviewed is only one of hundreds that get a mint on their pillow.
I highly recommend you watch and learn a little. Note that Bank of America is mentioned at VERY high levels of national money manipulation deals.
Both are 2009, but this gives you the flavor of how Congress can call these people into account. We need ALL of them to be this informed, concerned and involved.
I have to commend Congresswoman Kaptur and Congressman Paul Ryan on their tenacity questioning such a powerful person.
youtube.com/watch?v=eteiCoYvKF0&feature=related
youtube.com/watch?v=0T0zdbwdqCk&feature=related
I will not bore you with the details of the last 13 months of hell with BOA, It all started so innocently, I just called to let them know my payment was going to be late last July and they signed me up…..fast forward to now. A year of lies, lost documents, payments not posted, never able to reach a human on the phone,monthly letters threatening foreclosure even though I kept sending in my payments, and on and on….here is what I have done;
write a letter/email with the pertinent facts and send to;
haggler@nytimes.com. and cc it to BOA CEO office brian.t.moynihan@bankofamerica.com
then go to your Attorney Generals website and file a complaint
then go to your states Banking Commission and file a complaint
then go to the TARP oversight complaint site;
then if you can, hire an attorney…do NOT stop making payments, and document each one by certified mail if you have to, insist they show you where your money is!
Anyone wanting to join me in Texas , lets file a class action here!
loreacy@yahoo.com
Folks …
An important “fact” to get out among you … and, well, the general public, too.
I’m awaiting final confirmation, but there’s something vital to clarify about where these mortgage modification funds come from and where they are supposed to go.
BofA is NOT working under the TARP program. They paid all that money back. You can’t hold them to TARP rules since they opted out of the program with a check.
They’re now working under the HAMP program, which is different.
HAMP funds are NOT intended to be (note the quotes) “used by you” as the mortgagee. They are NOT paid to you or available to be used by you through the mortgage company to adjust your loan.
They are PAID TO THE MORTGAGE COMPANY to “administer” your application.
Please understand this.
The money BofA gets from the Federal government is SPENT by BofA as they see fit (and under HAMP rules, whatever THEY are) to process your mortgage application. It is NOT applied to your loan.
Again, I don’t have absolute confirmation of this, but this has been my understanding from reliable sources for a couple of weeks.
In other words, the Feds are paying BofA’s phone bill and salaries to talk to you and shuffle papers … those dollars are NOT reducing your interest or principle.
They get the money whether you save your home or not.
I don’t think “outrageous” even begins to describe how I feel about it.
Just got a call from a television news person (which I won’t name quite yet) who called the Treasury Department of the Federal Government, and she explained how EVENTUALLY you MIGHT get “HAMP” funds.
It’s complicated.
But I think my original point is still somewhat valid. Mortgage companies get the funding almost immediately and automatically to pay their bills (as well as reduced our mortgage obligations). We have to “prove ourselves” before we see a dime.
The largest mortgage company on the planet needs help paying their bills?
Live in my house for a week or two. You’ll learn what “living on the edge” REALLY means.
Yes Don, Is it who I think it is. She called me for an interview. I told her about the blog and you. I will let all know when.
Christine and Don I also sent her an email about what FannyMae and Bank of America is doing and has done to me asking for her help.
Margo
To Don S:
Don please go onto the website Examiners.com and take a look at the site. I would like to submit your name as a referal for a writting position. You do get paid depending upon how many people read your articles. I have been offered a position as a writter as well because of the article I sent into one of their writters. I feel you are an excellent writter and really do hit the nail on the head with all of the knowledge you have. Maybe this will help get us the MEDIA attention we need to stand together and tell our stories and what hasen’t been done. If you are interested in the referal please write to me and I will do it asap.
Have a great one.
Margo La Bayne
Thanks Margo …
I’ve looked into it and it looks interesting. My mother (at 75) writes professionally for a weekly farming newspaper. I’ve always been a little jealous.
Maybe I’ll give it a try. Thanks again for the encouragement.
You keep up the good work too!
I started emailing and mailing everyone I could possibly find yesterday concerning my loan modification. I have a third party working on mine and I gave her until yesterday to get somewhere with them. I told her if I had to take over …I would…but not quietly. She told me to do what I have to do. Now that I’m doing that – she all but hissed at me today on the phone. When she checked on the status today – BOA told her that I was “upset” when calling in. I was upset alright! I had received a “notice to accelerate” the day before. I have to pay $7200 but 9/24 to stop foreclosure proceedings. This is the difference between my actual modification payment and the trial payment amount PLUS late fees!!! LATE FEES?? I’ve never been late or missed a payment as long as I’ve been with this company! THIEVES!
I started with the attorney general’s office and all of my elected officials. I had a delegate call me IMMEDIATELY (less than 12 hours – and I emailed at the end of the business day yesterday)! She put me in touch with the BOA lobbyist who has contacts at BOA. There is apparently a department called the Executive Response Unit. Ask your elected officials if they know anything about this.
I also found out that state banking commissions do NOT regulate BOA. You must file a complaint with the OCC. You can do it online. Our attorney general here in MD will take complaints on the internet.
Tonight I’m going to start chipping away at the media – news stations, national talk shows and news type shows, and newspapers.
The other night was I just out of “fight”…I was ready to sign my deed over to them – but I was talked out of it. I’m not going down without a fight! And if I go down…I’m grabbing ankles on the way!
If there is anyone in Maryland dealing with this…please email me at tammy5696@gmail.com We can work together AND I want to research a class action suit. I’m bringing the game to the table! As I told them yesterday…I may lose…but they will NEVER forget my name! The squeaky wheel gets the oil!!
I’ve been trying to do my bit to get the word out …
myfoxphilly.com/dpp/news/local_news/mortgage-aide-program-gets-mixed-results
Guess you could say “that’s the face behind the name.”
I ain’t no Brad Pitt, and I rarely step in FRONT of the lens, but this message was too important to be shy.
Aired tonight on the Fox29 Philly News.
Word of the Day
“Obfuscation”
This is one of those ten dollar words you’ll hear from people who like to flaunt their educations. Let’s not leave lawyers out of that category.
It’s also something lawyers use to keep you looking at something else other than the REAL problem.
That’s what the word means … make you look at something else.
It also ties into a corporation’s “strategy” with courts and contracts.
As I mentioned before, courts “forgive” stupidity or making mistakes, but they CAN’T forgive “intent” or malice.
If you ask a lawyer how to design a program that’s supposed to rob people without getting slammed by a court or a judge, they’ll tell you to “look stupid” which “obfuscates” the idea that your intent is to screw people.
Be careful.
These people are very, Very, VERY smart.
I applied for modification in feb. First they sent me a fed ex saying I did not send them all the requiered documents.Which I did and they were just lying. So I sent it a second time by fed ex the day I received it a second time.A fter 4 months I called them and asked if a decion the first personI talked to said I hadn’t turned in all my paper work . A second person said she seen all me paper work was turned in but they hadn’t made a decision.Recieved my decision the other day they said I didn’t qualify because I didn’t turn in all the required documents. I’m getting totally scammed by Bof A. I’m so pissed I’ve worked for 27 str8 years and when I needed help for the first time Bof A screwed me.
Andy …
I’ve repeated one of my previous posts below, but others have had good advice, too. 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 scan back through previous posts. There’s a link near the top of this page “Previous Posts” in light blue. Click on that.
A) If you haven’t made a journal/diary of your BOA experience start NOW. Record every instance every time it happens in detail.
B) 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.
C) Call your State and Federal representatives, Congressman/woman, State Assemblyman/woman and inform them of your situation. 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.
D) Get any attorney you can find to advise you from church, synagog, friends, family, neighbors. Retain one if you can afford it or call legal aide if you can’t. These are “contractual negotiations” that involve Statutory Law and a lawyer will navigate that best. Tempt them with the possibility of getting a piece of a class action suit.
E) Call the Hope Hotline 877-300-5454 or Money Management International direct 888-881-7558. Use MMI literally EVERY TIME you call BOA. A representative will be with you through your calls and the nightmares on hold. They will also keep a record (although it can’t be released without a subpoena from a court). But if it goes to court, you can get it that way. It’s also better to have the BOA people hear you’re not alone on the phone.
F) Call and call and call and call until you get results and cooperation. If you’re using MMI, they’ll ask for supervisors. If you’re not YOU ask for them. I know from a full year 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.
G) 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 BOA negotiators) will want to see your willingness to pay, as will your politicians. It’s your “good will” that you’re willing to work it out.
H) Find as many people as you can in your State that are going through this AND keep in contact with forums like this. 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.
I) Once you’ve contacted your politicians and they’ve started to help you, tell all your friends, family, co-workers and anyone else who knows you to write to them and THANK them for helping you get through this difficult time. DO NOT have them criticize, complaint or tell stories. Just a short thank you will make it clear to your politicians that people are watching their performance. No need to get into detail. They’ll KNOW they’re being watched just through a simple thank you.
J) (Added) File a complaint with your State Attorney General and the OCC (http://www.occ.treas.gov/customer.htm).
Lastly … 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.
Remember, this is a nation (now, anyway) of laws, courts and parties to contracts … NOT common decency or even Common Sense. Work to save your home. Complaining gets you no where. Working hard and learning “the game” they play is the only thing that works.
I received what I hope will be good news. I’ve been having the same trouble everyone else is having so I wrote my Congressman and Senators. Neither Senator saw fit to respond to me(there go their re-election votes) but my Congressman did. I have been in contact with him twice now and he told me he has started an inquiry with BOA regarding my mortgage. Yesterday(while I was out of course) I received a call from the BOA’s Pesident’s office. They stated they wanted to discuss my inquiry with me and to please return their call. By the time I got the message they were long gone but I plan to call Tuesday. Keep your fingers and toes crossed and please say a little prayer that this will be the start of something good for all of us. I think next I must contact the Attorney General of Ohio. Way past time for me to become a bi-atch!
Joy …
I don’t want it to look like I’ve hijacked this blog (I post a lot), but I’ve “escalated” to the CEO’s office, too. It’s a step in the right direction, but I have a caution for you.
Your ducks will still have to be all in a row. You will have to get and send all the documents they ask for and they’ll have to be PERFECT, or they can still decline you, even with your Congressman involved.
Remember too, that BofA may not actually hold your mortgage. They may only be servicing it and it’s held by Fannie Mae or Freddie Mac. Either of those can run a “Net Present Value” formula (calculation) on your home and decide to decline you ANYWAY … IGNORING your application for a mod.
Neither Fannie Mae or Freddie Mac are held to the rules of the HAMP program, which is what all this is based on. The “Net Present Value” formula decides for them whether your house is worth taking away from you REGARDLESS of the HAMP program.
Just do what they ask, keep your Congressman informed and involved, and YES, file a complaint. All complaints are recorded and investigated. Just ONE filing (or dozens or hundreds) raises eyebrows and suspicions … but most of all ATTENTION to the problem. Don’t forget the OCC (link above).
Best of luck ! and stay in touch.
they will not stop they got my house and no attorney wil take class action…help 704-524-1098
Deleon …
Please read my steps above and please take the time to study other people’s suggestions in other posts.
I’m sorry to say … and I’m going through it myself … that this situation takes WORK to fix. It’s also not simple. You need to understand what you’re up against before you can fight it.
The reporter that interviewed me said in her report that 2 out of 3 people drop out completely because it’s too hard and too complicated.
I’d imagine that many of them lost their homes. The banks WANT you to get discouraged and drop out … so they can profit from your loss.
Pure and simple, this is a fight … a “war” if you like … for the very roof over your head, not to mention your hard-earned money.
It may be “fair” for them to take your monthly payment, but no way is it fair to juggle the system where they end up with the roof you’ve been paying dearly for.
Don S, I certainly don’t think you have hi-jacked this site. In fact, I am happy we have someone who has taken the time to really look into this matter and share their info with all of us—after all unfortunately, we are all in the same boat. Thanks for all your assistance.
Joy
This is the correct link to the class action lawsuit
hbsslaw.com/cases-and-investigations/BoA_HomeLoans
Thanks CMoore!
Although I have a caution here … worth investigating.
I just scanned that page, and several times it mentions TARP funds.
Unless I’ve been given incorrect information and I’m wrong, BofA paid back all the TARP funds they received … (in order to get out from under the rules of TARP is a fair assumption).
I don’t claim to be an expert by any means, particularly legally, but it’s my understanding they are only subject to the HAMP fund rules, since they’re using that money.
A TARP based lawsuit (if this is all true) would only be applicable to the short time (and only Washington State cases) where they applied TARP funds. It would not apply to someone filing under HARP.
But then again, I could be all wet.
Noticed something else … at the bottom of the page the law firm mentions filing a similar lawsuit in California with a case involving HAMP. So even the law firm is showing a difference between the two programs (not just by State).
There is smoking gun evidence at piggybankblog.com that has recordings of BofA executives stating modification does not exist while they laugh and joke about all the customers.
I am John Wright and I AM FIGHTING BACK!
John Wright
piggybankblog.com
hi i sent all forclosure papers to attorney they said they could not help me ,warned me too that class actions have time limits on them.
Deleon …
Nearly all lawyers are specialists of one kind or another … criminal, contract, divorce, tort (lawsuits), real estate. The law is just too complicated for there to be a lawyer like a General Practitioner (GP) doctor. Even a General Practitioner doctor will refer you to a specialist.
This mortgage situation is no different.
You have to WORK to find a lawyer that specializes in these kinds of things. Sorry, that’s just the fact of the matter.
You can also try Legal Aide or your County Bar Association for a referral. “Bar Association” is the organization that lawyers in your area belong to and they will know of one that will do mortgage “litigation.”
There are no miracles here. There are no superheros that will sweep down and save you from disaster. You have to do the work yourself. There’s no Magic Pill that will cure the disease. You have to educate yourself, dig in and go to work. Otherwise, the banks win. They’re smarter (supposedly) than all of us put together. They literally have hundreds of lawyers working for them, advising them every single day. We have to get smart, too, and we have to get our own lawyers.
This is about the LAW, and if we don’t know about the Law, we have to learn.
Making it complicated, frustrating and hard to understand is EXACTLY what they want.
“I just want my house back” isn’t good enough … not that I think you feel that way. You have to fully understand what they’re doing and how they’re doing it … as best you can anyway.
But also … they WANT you to get emotional. They WANT you to rant and vent and be confused. Since this is about the LAW and not about Right and Wrong, getting emotional and going off on a tangent like so many of us do, plays right into their hands.
They walk into Court with papers and lawyers playing the game exactly as the Law expects … AND THEY WIN … while we’re sitting there saying “I just want my house.”
That doesn’t give a judge much choice. His/her decisions are based on the LAW, not how we FEEL as homeowners.
yes i know that .i have been at this a year here .I live where the main hive is BOA head quaters all lawyers here have conflict of intrest .they work for them some way or another as in realestate law . i have been told numerous times.you need to look more .Or if in another state they want large sums of cash up front .oh i live in charlotte nc
Interesting! It doesn’t surprise me. It’s the perfect example of “economic power.”
“If you can’t beat them, employ them.”
All I can encourage you to do is keep looking and interact with the politicians and agencies of NC. No matter how big any bank might be, people in public office swore an oath to the Constitution, not a bank or the money they throw around. Part of this process should be reminding them of THAT.
Remember one popular flag waved during the Revolutionary War … “Don’t Tread on Me.”
If any of that labels me an impractical, unrealistic “kook,” so be it.
I don’t think hard economic conditions is the time to forget oaths or principles. When it comes to people taking the roof over your head, it’s time to REMIND them of oaths and principles … AND the fact that laws can be manipulated to be unjust.
Anyway … keep plugging. Something will break … and as I’ve said “Play the game.”
Help! I am in the same boat as many of you are! I am in need of an attorney in Ky who will file a class action lawsuit against BOA. If anyone knows of a class action suit in KY, please email me! It’s time to put BOA in it’s place! Thanks President Obama- what a big help you were!
Beth
Beth …
Love your sentiments. What I’m about to say isn’t meant as a “negative,” but said in a spirit of coming together.
I hope we all realize how huge an order it is to “put BOA in its place.”
This is one of the largest, most powerful corporations on the Earth. There is one thing and one thing alone that will “put them in their place” … public scrutiny.
In the limelight … flooded by people carefully watching and picking away at everything they do and say … they’ll be FORCED to act ethically and morally.
They’d like every word uttered in their board rooms to never reach the light of day. The problem is the fact that they can’t hide what they’ve said because their BEHAVIOR directly reflects it.
What they DO reflects what they’ve SAID.
If they’re taking hard working people’s homes at every opportunity, it’s a fair assumption that someone said “Take them.”
It’s not “just business,” it’s a plan.
Now. obviously, I can’t claim to be judge and jury, or a fly on the wall of their board meetings, but what’s a rational, decent, moral or ethical person to believe?
Keep one HUGE thing in mind about all this. Corporations of this size employ THOUSANDS of lawyers … floors and floors of them in buildings spread across the country, not to mention ones who are independent contractors like Deleon mentioned in Charlotte. There’s even a rule book for outside lawyers for BOA online.
In law schools, one of the most basic courses is ETHICS.
Huh?
You mean lawyers have to be TAUGHT “moral philosophy”? … which is another name for ethics. You mean mom and dad didn’t do that? You mean your minister, rabbi, priest, shaman, local monk or old wise uncle never gave you a clue? You mean early life didn’t show you right and wrong? It has to be TAUGHT in a college course? and to LAWYERS??
Here’s one college course description on Ethics …
“The moral principles of conduct and the basic principles underlying these principles such as good, evil, right, wrong, justice, value, duty, and obligation.”
HUH?
This has to be TAUGHT??? At the COLLEGE level???
These are the people you’re dealing with … and NOT the lawyers … but the people who GO to lawyers to find out what ethics ARE!
Sheesh.
If this isn’t literally a war … I don’t know what is.
So I guess the word of the day is … sadly … “ethics.”
I live in South Florida and my story is exactly like all the others. We have hired an attorney that is as we speak in court trying to get us to mediation with BOA. Is there anyone else in South Florida with this problem? Perhaps we can find a way to file a suit and save our homes. Please contact me. We are absolutely sick over this and other than our attorney feel we have no place to turn.
All I have on Florida …
Florida (complaints, but no suit)
http://www.insurancenewsnet.org/html/InsuranceNews/2010/0325/Bank-of-America-began-to-reduce-the-principal-amount-of-mortgage-loan-modifications.html
Florida Horror Story
http://www.winknews.com/Local-Florida/2010-07-27/More-BOA-Mishaps#ixzz0uzAS6lxx
General (Florida mentioned)
http://www.huliq.com/8684/91486/regulators-investigating-complaints-against-bank-america-about-loan-modification-fiascos
I just read this article as well as the responses and I am amazed to see that their are countless others that have been treated the same way as we have been by B of A! We seem to be on the brink of foreclosure although they have not set a sale date. We are trying to find ways to fight this and stay in our home. We feel backed into a corner and have looked at filing a chapter 13 as a way of saving our home. This would prove so costly and would take five years of huge payments to get out of it. Can anyone offer us some help? Thanks!