Bank Of America Mortgage Modification Class Action Lawsuit

Don-
Been keeping up with all of you as I am battling the same issues with Bofa . Researching and writing a summary preparing to defend myself and my home with a lawyer if I need to. Two things :I WILL !! And…are there any other people in Ga. facing this same issue. If so -let’s get it together for a class action suit.

This is a tough one…god help us to help ourselves and never give up!

A must read:

http://agentgenius.com/real-estate-news-events/class-action-lawsuit-filed-against-bank-of-america-for-abusing-homeowners/

Bob … In case you missed it, there’s a link on the following page that talks about a Texas suit. There’s also others scattered among the posts. I’d strongly recommend you skim back to gather names and [ask for] contacts.

Yep, it’s more work, but this is roll-up-your-sleeves time. We’re not given much choice.

new story today from AP

news.yahoo.com/s/ap/20100916/ap_on_bi_ge/us_foreclosure_rates

Re: the class action lawsuit recently filed in Texas–
I live in Austin where the RioGrandeLegalAid offices are. The other
plantiffs are 15 homeowners who have gotten screwed by BoA.
Problem is you must be considered ‘low income’ to even get to first
base with Legal Aid and even then they don’t appear to be looking for
additional plantiffs–thus this is not an option for me. I was, however,
able to get a copy of the complaint. The 51 pages are well written
and comprehensive. So with the flurry of class action talk on these
boards, I am still looking and hoping for the right opportunity.

Folks … and Mary …

No word yet from my grapevine. It may be that people have moved on. I’m giving it until tomorrow morning. I’ll type my letter. I know what I want to say. I want to be careful not to be too long-winded. Producers prefer that you get right to the point. If they want follow-up papers to substantiate your case, they’ll ask, but I’m not going to give them a five page timeline of events.

There’s thing that the viewing public should learn. Like how BofA thinks. Many don’t get that. Banks (or corporations) won’t react to “morality” unless they’re FORCED to, and by the general public. It’s simply not something they’re obligated to provide to their stockholders … morally or even ethically obtained money. Their stockholders don’t care where it came from … sweat, blood, misery, heart conditions, exhaustion, homelessness or even death … they simply don’t care.

Only television cameras an public pressure will EVER make them care, and even then they’ll only fake it for the cameras and their “public image.” Remember corporate jets flown to Washington with guys in $5,000 suits with their hands out for OUR money? After a media flogging, they DROVE the next time. Even then, they still don’t get it. Worth BILLIONS and they still have their hands out.

What BofA doesn’t understand is that we exhaust ourselves to send them money even under NORMAL circumstances. In fact, it’s pretty clear they DON’T care what we go through since they’re at-the-ready to snatch up our homes going to great lengths and causing UNTOLD MISERY to do it.

It’s all about the money … and they don’t care how much sweat and toil it took … and they don’t give a flip if you live in the street … as long as they show their quarterly earnings.

Anyway … THAT’S the point I think getting on 60 Minutes should largely make. Put a human face on all those facts and figures reporters toss around. I think that’s what Fox29 tried to do with the piece on the two of us here in PA.

One thing I know is that 60 Minutes will NOT want us to go on about our specific story. It’s highly likely they’ll ask how we “feel.” That’s a common theme in interviews.

It would also be extremely BENEFICIAL to our cause and case if people were outraged at what this whole thing is DOING to each of us. To me, the key message is to get people emotional about what’s happening to PEOPLE … not “houses” and CERTAINLY not INVENTORY. The logistics or court cases of making it right will follow THAT.

Right now people don’t CARE. They’re just fine and only a few friends and neighbors or people in some other State have “that sad story” about having to move.

There’s even people … many … who are thinking … and even saying … “If they can’t afford it, they don’t deserve it.”

I can’t think of anything more callous, but it’s out there. Who am I to judge what someone deserves or doesn’t? If I can make my payment … which I CAN … then I deserve it!

Anyway, I’m about to drop.

More tomorrow.

I have attempted to modify my loan last year when my husband had open heart surgery. This year I was diagnosed with a rare eye cancer.
Bank of America seems to not want to help people keep there homes

We hired a litergation firm to assist 6 months ago to no avail…..

SOMEONE PLEASE HELP, as I will return to California every 6 months for treatment……………..

Mary E and everyone …

Below is the letter I’ve composed for 60 Minutes. I’ll be sending it in as soon as I/we have an address.

Mary E … I’m unsure if you’re willing to share your address with the rest of us, so please let us know.

I have to be offline for a couple days, but will check mail before I leave this afternoon. If I have an address, I’ll immediately forward the letter. If not, I’ll do it when I get back Sunday evening.

My best to all and keep fighting the good fight!

— Don

To the staff, producers and editors of 60 Minutes:

I am writing in conjunction with several others who find themselves in similar, if not duplicated circumstances to my own.

Lately, the airwaves have been filled with discussions and news broadcasts about foreclosure. It seems to me that many of them lack a human face behind the story. Many discuss the “big picture” ramifications of the economic downturn, spouting rising figures effecting “investment” and show pictures of empty homes and closed businesses, but not the people who have been effected by the loss and closures.

Often little is said about the people who have left those homes or businesses, or where they go. Little is said about the struggle made to keep them, or to “buy” them or build them in the first place. We only hear and see an occasional face or family fighting desperately to stay in the homes and businesses they’ve sweat, bled and agonized to keep.

We also hear little about the actual process, although here and there, now and then a glimpse.

I can tell you from personal experience that the financial community, Corporate America, has seen fit to make that process a living nightmare to the homeowner, and it is happening to hundreds of thousands of people nationwide attempting to retain the very roof over their heads.

I am currently in negotiation for a home loan modification under the Obama HAMP plan, a process that was specifically defined to take 90-120 days, and is now in its thirteenth month. I have no hesitation to cite the mortgage servicer, Bank of America, the fifth largest corporation in the United States.

In this more-than-a-year-long process, they have lost documentation no less than three times. Their customer service is a quagmire of departments with poor, little or intentionally, maliciously designed interdepartmental communication. Calls on hold can literally last hours, not just several minutes. Transfers from representative to representative are accompanied by conflicting information which is common and clearly systemic.

More than that, it has become blatantly obvious and undeniable even to the most casual observer that the entire system is geared to acquire properties through obfuscation, convoluted processes, a facade of incompetence, and potentially outright fraud.

One would think that the fifth largest corporation in the United States would have world class customer service. This is clearly not the case.

I can make these claims both through personal experience and also having communicated with several dozen other participants in the HAMP program from several States. I’m further supported by several active and emerging individual and class-action lawsuits.

I can assure you that the analogy “where there’s smoke there’s fire” is most certainly the case here.

Were you to cover these events in a broadcast, interviewing participants, you would find a startling, shocking tip-of-the-iceberg, with serious life threatening ramifications for every Americana Citizen.

I use the phrase “life-threatening” with every confidence. The “legalistic” processes that dominate our society under the umbrella of Statutory Law, illustrated in the home ownership crisis in this country, quite literally perpetrated by Corporate America, is driving masses of people to madness, ill health, homelessness and financial ruin …

… all in the name of gratifying stockholders’ demands for profit.

The “inalienable rights” guaranteed to every citizen of the United States have been almost completely undermined by Corporate America and Statutory Law, which is being used, twisted and outright broken to suck the financial resources out of every victim possible, in this case, homeowners with the slightest distress.

They’re taking the very roof over our heads.

I can’t see where 60 Minutes would decline to take on this story. I can’t see where it wouldn’t benefit 60 Minutes’ audience to report this aspect of the economic crisis, largely brought on by the abuses of Corporate America, and, in fact, perpetuated by them … which is the human face on the struggle and the loss.

Your consideration is greatly appreciated and I am available for additional information, including specifics of my case, my research and citations of where to get in touch with additional participants.

Sincerely,

Don Sweet

I just want to cry. I had country wide and now bank of America. I was nottifed that I qualifed for loan modification. I made all of my trial payments. I then got a congratulation letter of a approval. sign and return. I did as was instructed. Called a few weeks later and was told yes I am approved just send in the documents it was not recieved. so again I sent it in mailed and faxed. Called a few weeks later and was told I was missing a page. I faxed and mailed again called again and they never recieved it. This went on for a toal of 8 months. The last time I called they said I was no longer in a program and my home is under review for forclosuere. Because they never recieved all the documents!! I now have to come up with one lump some of money by the end of the month, Even though I have never missed one payment or was late!!!!
How can they do such a thing? I haved called the hope team and they where so fustrated. They asked while on confrence if they can take a break. My counseler never had seen such a thing. I have called attorneys and can get no answers.

Got into a discussion today with a few people at work. They feel that bank & investors who invested in these home loans are the real victims. I guess I can see both sides here really. It is just an awful situations. There are people I am sure genuinely being wronged in this modification mess and then there are those doing everything they can to delay & try to keep a house they cannot afford or expect the banks to lower the principal to their liking. My parents would like to see the principal lowered so it will help them be able to save their house after taking out a loan to help my sister. I hope they can work it out but on the other hand if I was a neighber I would be very angry that they got to pull out all this money & do what they want with it and then its like we cannot afford it now, please forgive the loan or lower the loan amt. Meanwhile the neigbor did everything right & did not take out money to spend. Heck they must be thinking they were fools for not doing it too.

So I sometimes do not know how to feel. I am saddened to read this blog for sure and I worried about my parents. Cannot let it all get me down.

@Josie (and others who responded might be interested)

Actually, Bank of American declared $3.1 Billion in profits for the second quarter of 2010. http://dealbook.blogs.nytimes.com/2010/07/16/bank-of-america-posts-3-1-billion-profit/. That is in one quarter of one year. And that is in spite of losses in its mortgage company. Bank of America accepted $45 Billion in TARP bailout that allowed them to stay solvent in 2008-2009. Think of that as Bank of America receiving $45 Billion in welfare payments, then starting to make money again ($3.1 Billion in one quarter) and refusing to honor the requirements of accepting that welfare money.

Josie, I can imagine your parents are frustrated. But I don’t think the argument is whether or not their neighbors should be allowed to decrease their principal under the plan versus what your parents are paying. It is about the $45 Billion that Bank of America DID get, THAT THEY SAT AND EARNED INTEREST ON INSTEAD OF USING IT TO STIMULATE THE ECONOMY. Talk about some welfare fraud!
Bank of America exists because people use their bank , their credit cards, their lending services, and their investment offices. If every account holder withdrew their funds and investment, where would Bank of America be? They have some level of responsibility to you and me, the customers, that they are not maintaining. They have a responsibility to the federal government for receiving the bailout money when they needed bailing out, even if they have paid it back because they wouldn’t even be at the table if they hadn’t received it. This loan wasn’t just about shoring up BoA, it was about stimulating the American economy with more credit.
Not to mention, whomever’s fault it might be, try putting yourself into the shoes of a troubled homeowner is trying to work with the bank to reconcile their debt without going into foreclosure. Dealing with BoA is impossible. They want to drive everyone into foreclosure and into bankruptcy. They have no interest in the survival of the USA. It is about BoA, not USA. They will land grab across the US and hold onto this real estate. They will shut down new construction. Your children will be borrowing money from BoA to buy a house from BoA-America has an ugly future ahead of it if the mortgage companies own as much real estate as they intend to foreclose upon. Very scary.

Mary

Mary E.

Kendra and others, get your documentation together along with your chronology of events, and make an appointment with Elizabeth Warren in D.C. I’d march in there will all my evidence and let yours be the first case she reviews. Go on her Facebook Page !! Start telling her THERE what’s going on.

I’ve been waiting 2 days for a “negotiator” to call me back to discuss the errors on my account. Ha. Bet I’ll be waiting for 2 weeks. I’m not going to wait, tho. I’ve mailed off my October payment. In 3 days I’ll send the RESPA (?sp) letter asking for a copy of all my file. I’m not going to lie down and take this.

As soon as Don gets us an address at 60 Minutes, I’ll mail that letter.

.Hello My name is Cammy I am in the same boat as every else .

WOW is amazing how we all have the similar story. My Story started Oct of 2008 . I had country wide and now bank of America. I was notified that I qualified for the Hamp loan modification. I made all of my trial payments.

After 2years and 9 months later I received a later from BOA telling me am not qualified for the HAMP Program nor any other modification. Grant you I received 2 different offers for a Modification trial from BOA the 1st one was for 2,580 that one was really high it was higher then my regular payment The second one I received it 4 days later that one was for 1,643 that one did make sense I call bank of America to make sure which one to send in they told me that the second one was the accurate one they explain to me that they did a mistake to disregard the First offer so I sign my offer sent it in with all the paperwork they requested I been paying as agree on May 05 2010 I received a Letter from BOA Telling me that My modification was Denied Because I did not make all required trial plan payments by the end of the trial period. That really shock me I have not miss no payment for the past 13 months So I decided to call BOA after waiting long Hours and toss from one Dept to another I finally got in touch with a Rept in the Appeal Dept she told me I was denied because I paid only partial payments. Long story short all that time I thought I was making payments that I agree on well come to find out BOA was not aware of the second offer they sent me . So as far as there concern I should of made the higher payment . I explain to the rept my situation and told her I never agree on the first offer that I agree on the second one . So she ask me to sent proof I fax that over to her. After a long wait I get a notice of a trustee sale dated for August 27 I did not know what to do so I call the Rept from the Appeal Dept told her the property had a sale date so she finally escalated my file to a rept in the Collections Executive Dept. he stop the sale and told me he would help me he said it would take him about 4 days to review the file after the 5th day I decided to call him he said that my modification was denied and they will proceed with the sale I talk to His supervisor He couldn’t understand why would he tell me that he said according to the paperwork they had in file I was indeed doing my payments and never miss one . He also said that the payment I was doing was the right one . He was confused he said he did not understand he couldn’t believe that BOA would make a mistake like that . After all that struggle and time not to mention the stress I been throe . I received a call Yesterday Morning from a Rept Other then the one that was helping me telling me that I was denied for the modification and that I should consider a short sale and that the property had a new trustee sale on SEPT 30, this is so Sad I consider my self a distressed owner . You would think that the government help bail out the banks for them to help us. But I realize the big corporation’s like BOA is out to help them self not the distressed owners . If anybody could give me advised on how can I save my home or what to do I will appreciated. Also add my name to the class action. My email is zavalacamelia@aol.com thank you all and good luck to each of you

Margo thanks for those NACA, FTC, FBI, etc pointers you gave Cammy. I will make sure my parents know.

I tried to have a look at their paperwork & they wont let me. Like I was the bank or something? Maybe it is worse than they are letting me know. What I do know is they took out money to help my sister buy a home. Now I am wondering if they are not telling me everything. They tell me they are probably going to lose the house but wont let me look at the paperwork to try to help. Maybe I am being to suspicious but it is kind of strange. They have Wells Fargo not Bank of Am. But they say the bannk will not work with them.

Mary, this is getting worse by the day. That is unbelievable what you are telling us. No. It is sick to be honest. I would not know what to tell a person to do. Looks like you are screwed (sorrry ) no matter what you do???

Hello to you all. Well this was what they wanted: $7,500.00 for staying in the house from April 4 until now. Me to move out yesterday, eviction and foreclosure on my record, and for me to give away my rights in future lawsuits concerning them. This is what I got at court today: 3 weeks longer in the house. I don’t owe them anything and they can’t come back later for it. No eviction on either mine or my husbands credit report at all. I didn’t sign away my rights for future lawsuits. I am glad it’s over , sad I lost my home. We have been here since the day it was built and alot of memories are here, now I have to pack up this 3500 sq. ft house and three car garage filled with stuff and downsize. Party at Margos on the 10th of this month incase your in California please come by. 13786 Bison St Corona, Ca 92883l

NOW FOR A TREAT FOR THE REST OF YOU THAT MIGHT STILL HAVE A CHANCE IN KEEPING YOUR HOMES:

BONNIE BLOCK IS WORKING IN THE PRESIDENTS OFFICE OF BOA. CALL HER AND I AM SURE SHE WILL DO EVERYTHING IN HER POWER TO HELP. IAM NOT PROMISING YOU BUT AT LEAST SHE HAS AN EAR TO LISTEN AND DOES HAVE THE POWER TO DO AS SHE PLEASES. YOU GOT THIS NUMBER FROM SOMEONE YOU DON’T REMEMBER WHO!!!!!!!!!!!!!!!!!!!!!!!!!!! 336 805 5893.

I HOPE THIS HELPS THE REST OF YOU OUT THERE.

TAKE CARE, WERE STILL ON FOR THE CLASS ACTION, IF I CAN HELP ANYONE OUT THERE DON’T HESITATE.

MARGO

Hey Beverly and everyone,

I also live in Illinois. I emailed you at your contact email addy! I have also emailed tons of lawyers here in Illinois and only had gotten a couple of responses back. I found a lawyer in FL who is very motivated and willing to work with helping my hubby and I get a loan modification. He was SO knowledgeable of everything and has been in this type of business 5 years prior to this crisis. He even told us that it’s very hard for individual people to try and get a modify by themselves as banks can smell a newbie from miles away and that they will do anything not to help you get a modify. With legal representation, lawyers are very aware of the laws and are able to present their clients in a special way but also banks are more willing to help when it comes to legal services. This law firm works with us from start to end when the modify is permanently done.

Also, what helps clients better is being underwater with their loans as well as being unemployed or under employed because the banks will look at how much you owe on the loan verses what the house is worth. Then they will determine if they will make better to foreclose or not, do to what they can get if they don’t grant a modify for you. They are more than willing to get you a modify especially when you are underwater and with legal help because one they will still get money from you by helping you stay in your home verses foreclosing and not getting anything but paying all the up keep on the home and etc. eacriscione@yahoo.com

Send your 60 minutes letters to 60m@cbsnews.com
Included is my letter.
I also asked the attorney general of Michigan for help he forwarded to the

OFFice of the Comptroller of the currency consumer assistance group
their phone number is 1-800-613-6743

I ‘m writing to you for help with Bank of America. They bought my home loan from countrywide. I applied for a Mortgage modification and sent in all my information in March as they said I qualified and had to make trial payments. After a couple of months they said my modification was missing documents. I looked thru the list of asked for documents I had sent, they were all there but I sent them a SECOND time and did not hear back from them. After 6 months I called and asked what the status of my modification they said I was missing documents and the modification could not be processed. Upset I asked to talk to a second agent the second agent did say she seen I had sent in the documents for the second time and a judgment had yet to be made it had been taking longer then expected. Near the end of August we received a determination that we were denied because you guessed it they said we were missing documents. We also found out that I now owe around 5 grand in the difference between normal house payment and the trial modification payment. They gave me a date of Oct. 14 before they accelerate foreclosure. I called for an appeal they said they said I was missing a profit and loss document because they never had any records of asking for it they would grant me a chance at a appeal because it showed nobody had ever asked me for one. I asked what is a profit and loss document was? They said it was someone who is self employed, I said neither my wife nor me were self employed so why do we need one she said then I would have to send a letter saying so (Aug.8th, 2010). I made one out we both signed it and I ran to kinko and faxed it. They say they accepted my appeal but could not get suitable confirmation that they received the fax I sent of the profit loss statement. I have a feeling that they will say my documents weren’t sent like the 100’s of horror stories I’ve read on the internet https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/#comments
. To kick it off they say I have to come up with 5 grand by the 14th of October or their going to start foreclosure. While I’m taking care for my sick wife I worked for 27 years never getting anything from unemployment. Laid off for 4 months in 2007 I went back to work for 11 months till a nearly 1.5 year layoff. Other then a 3 month call to the hummer plant in a neighboring state Mishawaka, IN when that job fell thru because the sale of hummer did. Finally back to work going to lose my house because of politics or fraud. And I never missed a payment but Bank of America reports 3.1 billion profit for the quarter. Your Welcome so much for our tarp money. Not allowed to touch my pension any longer to keep a roof over my wife and granddaughters head I wonder who is Mortgage Modification suppose to help? What obligations do the lenders have for taking tarp money? It seems None.
• Worked for 27 years never receiving a dime from unemployment. I’m not Joe the plumber , I’m Andy a master plumber in 2 states.
• Never missed a house payment made all the modification house payments . (Why would they have you make a modification payment? All it does is ruin your credit you have to pay it back anyways. Many of us were unaware of this. And they start foreclosing on your home before they make a decision. What good is a modification payment?????????)
• Finally get back to work and owe 5 grand in a couple weeks! How do you come up with that, that fast
• I need a decision on my modification ASAP so I can figure out my next step please help me get BofA speed up the process.
• As of right now I’m in worse shape for signing of for the program then when I started. I and have idea how long it will take to get a conclusion..

I hit pay dirt…
To submit a story idea to one of the ABC News shows listed below, write a single page letter including your name, phone number, and address. Include photocopies of backup information. On the outside of the envelope, write “Story Idea.” If a producer is interested in your story, he/she will contact you. Here are the show addresses:

20/20
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Good Morning America
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Ok – listen up….just spoke with a litigation attorney. I found out a lot of stuff that I will share….I can’t get it out there right now but I will here shortly. BUT I do want you to know these 2 things:

1. Fox News reported today that GMAC has stopped ALL foreclosure proceedings against people because there are so many complaints and lawsuits against them. So EVERYTHING is on hold.

2. Someone said that we can push the mortgage company by letting them know we’re underwater. Then they won’t want the property. I found out: NOT TRUE! Apparently, once we are late they start getting insurance payments. So, they don’t give a rats rear …when they sell our house it’s just MORE in their pocket!

People, some of you have been quiet on here….maybe from nerves or shame or whatever….BUT NOW IS THE TIME!!!! Don asked for 12 people to write to 60 Minutes and to me it seemed like FOREVER to get the 12! Let’s band together!!!! We are strong in numbers!!! This is the time!!!! Are you going to sit idly by and let them TAKE your house or are you going to FIGHT!????

We need to hammer elected officials and the media continuously until they slay the beast….BOA!!!! Come on people! FIGHT!

Email me if you want….tammy5696@gmail.com

Listen to this ya’ll….
I went to see a new lawyer today who does corporate law, contractural law and bankruptcy. He is older, experienced, crusty and tough. I liked him a lot.

He told me the modification that BoA offered me was a “joke, crap and was literally to hold me in financial bondage.” He told me that it was full of open ended loopholes which means they could “do as they please now and in the future according to the contract”. He also figured up I would be paying about 33% more in the long run for my home if I signed it. (no wonder BoA gave me only 5 days to look at it) He then began to examine the original contracts and found 4 legal infractions. He also said that the banks were NOT to report people as late when they were paying on time on the modification plan and that if they did, it was federal, and in most states, legal infractions. I have 4 years to sue if I see fit.
He said the RESPA letter that I sent was a wise move and that placing everything in writing and sending it overnight was also a wise move….so I felt better about my decisions. He said for me to clear out all of my BoA accounts, checking, savings and credit cards. I had a checking acct and closed it yesterday.
I suggested that he begin a class action suit and that I would be his first client. He mused…..he just may think about it for Georgia.
I was very impressed with his honesty, directness, advice, insight and opinions. He scanned the documents I took him and saw legal infractions almost immediately. So, seeing a contractural lawyer is a good idea. I left his office feeling empowered and ready to fight another day.

you are correct…it IS GMAC….my point here is…if we all band together…. we may get the same results with BOA….everyone needs to be active….start filing complaints….I think some people are waiting it out…bad move….

Thanks to those of you who answered my post on Mers. I cant seem to find an attorney with enough fight in them to go after BOA. That may be because they are based out of Charlotte NC. Is there a particular area of law that I should do a search for. I have met with a real estate attorney. He didn’t seem to want any part of it and referred me to a bankruptcy attorney who didn’t think we were ready for bankruptcy yet. I need a hungry attorney to help me with the legal side of this. I have 7 properties with BOA and I can’t take this anymore! These properties never gave me one ounce of trouble until BOA bought the loans. It is mass confusion. The right hand doesn’t know what the left hand is doing. I don’t know what is going on with half of my loans because I never get the same answer twice. If anyone is in NC and knows of a good attorney please let me know.