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 would like to know who or what is Office of the President and CEO (OP/CEO) ??? does it even exist?
i wish i could personally hand in my application from beginning to end my self.. and see what really happens to the files?
i have applied 5 times! and with the help of the hud approved counselors, i still have gotten NO WHERE!! this has been ongoing for OVER a year now….and i have written to evryone and everywhere for help… and nothing..
dont you have to be served in person when you go into foreclosure?
Hello Daisy,
I am sadly to tell you that all that you are going through is stall tactics until they can foreclose on your house. I would say be smart and use the time that you have to better your situation. I have for 2 years tried to work with them to save my house and they did nothing but string me along and foreclosed on my house. If you are showing equity on your house it is better to them to foreclose than to give you a modification. BOA is exploiting the american people, because they have been allowed to by the Government. We are not being protected. Some people have labored hard for there homes and are trying to stay in them. BOA is using MHAP as a location service for these people and stealing their homes and money. I will pray for you to find a way out of your situation, so that you won’t be taken advantage of like I was.
Here is the main number for the office of the so called CEO. 1-800-801-4860. I put my second complaint in with the
Attorney Gen Office and just now emailed my local news station telling them I am going to burn my house down before these sob get to walk in my home!!!!!!!!! I am having a nervous breakdown and they are to blame. I have the main number for one of their so called CEO people my little helper that has not helped once. lies that is all they tell you.
Does anyone know about the largest Govt Funded counseling
organization called NACA ? They got 30 million dollars
in funding last year and my understanding is that they
get an additional $2200 for each implemented loan modification.
I’d say they are tied into Washington D.C. much like Acorn was.
If I am correct and they only make their money from “successfully
modified loans” then they should have a very good idea
as to compliance by BOA with the guidelines and also
a good handle on their success rate with people who
qualify and the time frames involved. I’d bet they
hold that as confidential information but perhaps
they do have a better record of achieving successful
modified loans compared to us individually that
get pushed around so much and so long by BOA.
I attended a 5 day long NACA seminar in Atlanta,GA
with 14,000 other people and NACA had hundreds of
employees flown in and staying in hotels and
they rented the Atlanta Convention center for the
whole week. That had to cost hundreds of thousands
of dollars. I found them to be scammers only interested
in making their money with made up numbers as necessary
to get you your benefits but now maybe I think they may
have a higher probability of success and probably a direct
channel to the powers in Washington DC. If they spent
millions of dollars to interview thousands of borrowers
seeking modifications and they were as unsuccessful as
we are , they would be complaining to hi heaven how
they were being forced to waste so much of their govt
funded money.
The MMI people were much more sincere and friendly
but I have found them to be totally ineffective in
accomplishing anything other then being our friend
and partners in the frustration.
One think about the NACA they they promote is that
their services are “free” t the borrowers but they
never mention that they are making money from
the loan modifications from the Govt.
Anyone have any additional info to add along these lines ?
Why didn’t we let BOA fail then the same people or —-holes would know what the real world is like. If I could only be a underwriter for one of their homes so they woukd know what its like to be lied do hung up on transferred etc. —- em all
Reporters like the ones that worked that Bloomberg article “AND the indictments start” need to be applauded, thanked and encouraged.
I’d highly recommend dropping them a note …
William Selway in San Francisco at wselway@bloomberg.net
Martin Z. Braun in New York at mbraun6@bloomberg.net
(Don’t go crazy with long-winded explanations. Best you simply thank them and briefly tell them why you care. Save their time for more investigating.)
Daisy and other newcomers …
Please see the previous page for a 16 point “getting started” list that might help. There’s also several posts recently commenting on “The Office” you might find valuable.
I know a lot of this is disillusioning. We’re experiencing a violation in trust of institutions we were raised not to question. Their “patronizing” behavior doesn’t help … patting your hand with sympathy while pulling the rug out from under you.
No con artist worth their salt looks like a con artist. You have to break your traditions of trust and be skeptical … I’m sorry to say.
This is the very real world we live in.
Keith …
What’s your email? Mine’s donsweet@verizon.net
Ok so if all the foreclosures have been stopped for BofA , Should one continue makeing the trial payment ? , what if they don’t really have the note to your house ? Who the heck is MERS ? Also if you don’t have a two income family due to one spouse being out of work and you are still able to make there trial payment ,would they still forclose ?
Thanks in advance. Can you smell Bof A going up in smoke !!!! He.He
Woody …
You have to look at this through the eyes of contract law … Statutory Law.
Now of course, few of us KNOW that law, but we know a few basics. As I’ve said before in this blog, you signed a contract. Whether they can actually produce that contract as proof of a “deal” between you has yet to be seen.
If … or when … this gets to court, you have to show the court your willingness to fulfill your part of the contract … paying this huge, blood-sucking vampire demon. It doesn’t matter that they have all the money in the world (and they’re working on it). You have to show the “good faith” that you’re willing to hold up your end.
There’s no guarantee you can prove a contract non-existent. In fact, it’s very hard to prove that, since there’s evidence of an account all over the place. A court won’t likely buy the fact that one never existed.
The court could, however, PENALIZE the bank by making the “alleged” contract void … or non-existent.
That’s a long, hard, legal road … BUT … a long, hard, legal road MANY of us are willing to travel.
In fact, we’re willing to get our torches and pitchforks and head down that road for the DURATION to the point where this particular vampire is screaming in agony while it’s burning at the stake ignited and fired by its own lies.
And Google MERS, then glance around their site or other pages that explain it. That’ll give you the idea of who they are and what they do. As for foreclosure, the banks have pretty much proven they’re capable of anything whether it’s legal or not.
In fact “legal” seems to have become a temporary inconvenience for them to simply by-pass, rather than be an ethical, moral and societal/cultural public trust … which should be ABSOLUTE.
If you’ve ever seen the movie “The Sting” with Redford and Newman, the banks have turned into “grifters” and anyone who has the slightest problem with their mortgage is now a “mark” to be conned. In fact you could even see MERS as a “shill” doing their bidding, since hardly anyone has ever heard of them or knows what they do.
Don’t make too many parallels to that movie, though. We’re not Doyle Lonnegan, a criminal trying to hustle hustlers. We were sitting in our own homes, minding our own business, making inquiries to renegotiate a contract, when the “dicks” showed up on our doorstep with their “heaters” to toss us into the street.
We need some “boy scout g-men” to step in and do a “clean sweep” and “pinch” these “hustlers” and “scratchers,” sending them “up the river” to the “big house” or even the “pen” bypassing the “carpetbaggers” and “shysters” working their own con, even though they should probably be “in stir” too.
Let’s take your questions one at a time.
1) It is NEVER advisable, under any circumstance, to not attempt to comply, to the best of your ability, with your obligations.
2) Some states have allowed photocopies of the note in foreclosure proceedings, so I wouldn’t necessarily hinge my home on their not having at least a copy. Now – if you make a RESPA request and they fulfill it but it doesn’t match your copy, there’s a world of hurt can happen to them. If they produce a copy and you say in court, “Yeah – that looks like the note I signed..”, you just eliminated any means of contention. My contention would be if BAC has no reluctance to forge signatures on foreclosure documents, having Burger King employees forge and affix signatures, I would question a judge as to whether the note’s signatures can be trusted. I’d have to say, “PRODUCE THE NOTE.” Get the wet ink signature before the judge as these crooks aren’t above anything mischevious, and since I recall signing my note in BLUE ink, I know what to look for.
3) MERS, A fictitious party created by mortgage bankers to circumvent the titling process so that transfers of notes could be effectively traded as securities. Read up on the problem of MERS, MBS, and REMIC’s. They are all tied together in one huge fraud scheme where banks tried to defraud the investor and when that imploded, the borrower. Don’s recommendation is good…
4) If you are still in the trial period and are making the payments and jumping their hoops, foreclosure isn’t supposed to be “on the table” IF you were dealing with a reputable institution, but we know the reputation of what we have here..
I got out because I’m headed in another direction and didn’t feel it was in my best interest to keep falling behind in the difference of my original payment and the modified. My attorney (who specializes in NC real estate law) found a HUGE screwup on Countrywide’s part and it was inherited by BAC, so the error is either going to bring them to the negotiating table or the whole Deed of Trust is worthless and will be exercised as such.
In my mind, I can begin to smell the singed hair – can’t yet tell whose it is though.
I am looking for an attorney in NC. If your attorney is up to date on all of this could you please refer me. I am having one heck of a time finding an attorney who is familiar with this situation or willing to take it on.
Thanks
Amy
Oh yeah – they also lied about stopping foreclosures.
It figures….
online.wsj.com/article/SB10001424052748704049904575554372238256744.html?mod=WSJ_hpp_LEFTTopStories
You may reach me at either davisfamily@embarqmail.com or rkdavis@pridgenwoodwork.com, the first my home the preferred, the latter my work.
i spoke to a lawyer yesterday and he said the best way to get your loan modified is thru the HUD counselors. he also said if you are in foreclosure, you must be served papers. the banks cant foreclose with out you knowing. and you would have to go to court. (in NJ).
You have no idea how helpful this site has been; it has made me realize that I am not alone in the nightmare I have been living the past 21 months.
I have just started a blog on my modification and I am asking all of you to please check it out and tell others about it-http://savvygal.tumblr.com/
Please feel free to comment and make suggestions—I am going to try to get as much press coverage as I possibly can which will help ALL of us!
As Manny stated on “ICE AGE”, “It’s what you do in a herd.”
Michelle …
Just read your blog … and you’re very good.
Keep it up!
I only have one teenie request.
Try not to lump all of us men together. We’re not all self-focused con artists.
**smile**
For those who’ve been following my posts and are wondering just what I’m writing about when I state MERS could offer you a bargaining position the bank cannot or best not refuse, look here:
“With the strengthened position of Wall Street following the 2008 bailout and the tepid 2010 banking reform bill, the U.S. is far from nationalizing its mega-banks now. But a committed homeowner movement to tear off the predatory mask called MERS could yet turn the tide. While courts are not likely to let 62 million homeowners off scot free, the defect in title created by MERS could give them significant new leverage at the bargaining table.”
http://www.webofdebt.com/articles/homeowners.php
find out who has your NOTE:
Screw-ups by the big banks are putting a halt to foreclosures across the country. Everyone needs to take a few minutes to figure out if their mortgage is affected. I just checked by demanding my bank show me my original mortgage note.
You can do the same here: wheresthenote.com/page/speakout/wheresthenote
Thanks
Another link that gets you to the same page is …
http://action.seiu.org/page/speakout/wheresthenote
And I’d add to Daisy’s suggestion by recommending you consider a full-blown RESPA/TILA letter that includes a “produce the note clause” similar to this one …
http://www.scribd.com/doc/11903044/Respa-Letter
I modeled mine after this one, rewriting the opening paragraphs to my case/accounts.
If you want to use this letter and modify it to your situation, I’ll be happy to email you the text, which is a bit tricky to lift off the internet.
Don’t just copy and send a letter. Customize it to your own situation AND feelings in the matter and cite every legal, statutory citation you can get your hands on. Make them answer every question you can imagine about your account. After all, you’re entitled to a full disclosure by law.
Now, it was pointed out to me that they can charge you for preparing this paperwork … HOWEVER … since THEIR screw-ups and delays CAUSED the need for the “Qualified Written Request” in the first place, you can INSIST that you’re in no way responsible for the cost of such a service, nor did you cause the need for its production.
I know that MERS is the beneficiary on my deed of trust….my head is not wrapping around the implications of this tho. It’s a good thing…or a bad thing?
Michelle…I’ve started a blog too…would love to join forces with you. conquerthebeast.blogspot.com
This might be what you’re looking for:
http://www.webofdebt.com/articles/homeowners.php
“Mortgages bundled into securities were a favorite investment of speculators at the height of the financial bubble leading up to the crash of 2008. The securities changed hands frequently, and the companies profiting from mortgage payments were often not the same parties that negotiated the loans. At the heart of this disconnect was the Mortgage Electronic Registration System, or MERS, a company that serves as the mortgagee of record for lenders, allowing properties to change hands without the necessity of recording each transfer.
MERS was convenient for the mortgage industry, but courts are now questioning the impact of all of this financial juggling when it comes to mortgage ownership. To foreclose on real property, the plaintiff must be able to establish the chain of title entitling it to relief. But MERS has acknowledged, and recent cases have held, that MERS is a mere “nominee”—an entity appointed by the true owner simply for the purpose of holding property in order to facilitate transactions. Recent court opinions stress that this defect is not just a procedural but is a substantive failure, one that is fatal to the plaintiff’s legal ability to foreclose.
That means hordes of victims of predatory lending could end up owning their homes free and clear—while the financial industry could end up skewered on its own sword.”
In essence, real estate laws require the note to follow the title and MERS seperated the two, basically rendering the note an unsecured instrument and the title free from the note. When this happened, your mortgage note was then “bundled” with others as a Mortgage Backed Security, or MBS, and sold as an investment vehicle within a REMIC. The law is clear – once that REMIC, or Real Estate Mortgage Investment Condiut, is closed, it can’t be revisited without suffering massive federal tax penalties. The penalties for reopening a REMIC because of negligence would net millions in lawsuits alone and dwarf any possible investor return, thus your note and your title are freefloating out there somewhere in the Universe, never to meet again under the investment security the bank sold it to be.
So here’s the nutshell. If banks can’t foreclose to have and to hold the security which supports the instruments they sold/traded under REMIC’s as having “good collateral” backing, the REMIC is nothing more than an unsecured paper – trash. So what if the borrower defaults? The bank HAS to put something up for the investment vehicle it sold, whether through good paper or funds from a note satisfied by foreclosure and resale. With nothing to sell, the bank becomes squeezed on both sides – on the one, the investors wanting to know the securities they bought are solid or they’ll begin to demand payment at face value (can you say BANKRUPT BANK?) and on the other, borrowers wanting easier/better terms and can POSSIBLY leave the bank holding an unsecured debt since there is no more connect between the property title and the note.
What will the banks do? My speculation is they will be left no choice but offer borrowers pennies on the dollar to get the mess “fixed” because they NEED the investors’ confidence to operate, CANNOT afford the massive litigation building on the horizon from, as Kudlow puts it, “empty box” sales, nor can they “absorb” the massive demand for payment if investors suddenly make a run on those securities, and that leaves a universe-wide opportunity for a workaround between only two parties who can really maneuver – the bank and the borrower.
Now, seeing how BAC wasn’t too shy about placing struggling Americans out on the streets, should those holding the secured interests scurry to help bail BAC’s behinds from the crack in which they’ve thrown themselves? or should they calmly keep their hands underneath the table firmly tightening around the last two nodules of the bank?
Simply put, “Why would we want to bail them – again?” Except for an honest intention to make good on our debt, I can find no other reason. If I had the mindset of a BAC employee (and thank God I don’t), I’d return to the bank in kind favor a genuine, “You’re screwed.”
Excellent post Keith.
Folks … you should all read it.
Again … make people aware of these things. Keep contacting the press, your politicians and State, Federal and even local agencies and authorities … then turn back to your friends, family, co-workers, church/synagog/temple members and anyone who will listen.
Awareness in both the public and government has to be kept snowballing.
I know it’s emotionally draining. I live it too. But we have to keep up the pressure.
I HAVE NOT PAID ON MY LOAN NOW FOR A YEAR AND I CALL BOA 2 TIMES A WEEK ABOUT A UPDATE,LAST WEEK THEY SIAD IAM NOW IN THE HANDS OF THE UNDERWRITERS BUT CAN NOT TELL ME IF MY LOAN WITH BE MODIFIED,FOR ABOUT 8 MONTHS I GOT THEM TELLING ME ALL KINDS OF THINGS ABOUT MY LOAN,IT CHANGED FROM WEEK TO WEEK..LOSING YOUR HOME IS BETTER THAN LOSING YOUR MIND,I HAVE 7 OTHER FAMILY MEMBERS THAT ARE ALSO GOING THRU THIS GREAT **HOME TAKE A WAY**,I NOW REALLY DONT CARE ANY MORE,I HAD TO CLOSE MY BUSSINESS AND NOW IAM ON A FIXED INCOME..S/S..THANKS FOR READING MY POST..BOB
Check this story out….good for these people and their attorney!
Evicted Family Breaks Into Foreclosed Home, it is on aol homepage right now.
http://www.housingwatch.com/2010/10/12/evicted-family-breaks-in-to-own-home/?icid=main%7Chtmlws-main-n%7Cdl8%7Csec1_lnk3%7C177136
Here is an interesting update on my story. My house is vacant. I abandoned it in June of this year. I have a rental with my three kids. It was the best move I made. After fighting with BOA for almost two years, I gave up. My house is up for Sheriff sale November 1st. I called my short sale attorney to be told that I should have received a summons seven months ago. Really? NO ONE ever came to my door to serve me papers and I sure as Hell did not sign any. I called BOA to be told that all foreclosures have been halted, including mine. I asked for the foreclosure attorneys phone number that was assigned to my home. He gave me the wrong number. BUT….upon calling I talk to a woman that is going through the same thing and I directed her to this site. After getting a hold of the correct attorney’s, I am NOW told that the sale is still scheduled. Wow, wow, wow. That is pretty much all I can say. I asked the customer service rep at the atty’s office to forward a copy of the summons I signed and he could not. He sent me copies of one and another form filled out by the “server” that he served me the papers on such and such date. I never signed anything. But…….they can still take my house. If I was still living there I would be livid!
Beverly-
I understand you willingly abandoned your house
to go live in a rental dwelling. I have heard
many times of people who when losing their house
to banks go ahead and strip out all the light and plumbing
fixtures and appliances and the HVAC Furnace and A/C
units and doors etc. and anything else that can be sold.
I have a much better understanding now why they
do it and also why it sounds like a good idea !
Good Luck to you.
Hello,
I received a notice today. The sheriff didn’t even knock on my door, he hung the papers on my garage door. Glad I saw it on my way out or the wind would have blown it away.
BOA has halted foreclosures procedures. It is best for everyone to use the time wisely. Also, again everything that they do is a stall tactic. If everyone unloads there houses and save their money and move on; BOA will get what they are asking for. We are bailing their but out by continuing to pay the trial payments after the 3 month period. After two years of making a continous trial payment, I would have saved at least 20 thousand dollars renting a house until My family and I were back on our feet.
The American people put their trust in the banks this time to stop another “Great Deppression” only to be screwed. Let them fall on their face; Just maybe, they will go back to having morals and the United States can go back to the way it was before Corporate America got greedy.
Here is a story I stumbled upon. It makes for very interesting read.
“Attorneys General of all 50 states have initiated a joint investigation into foreclosure procedures.”
http://www.forbes.com/2010/10/13/foreclosure-investigation-freeze-housing-markets-mortgage.html?boxes=Homepagechannels
That article lead me to this one …
http://blogs.forbes.com/halahtouryalai/2010/10/13/foreclosure-probe-wont-get-your-house-back/?partner=contextstory
“Blog journalists” like this really bug me. Obviously pro bank and Wall Street, this person completely lacks an understanding of the “big picture” … and has even less compassion for anyone or anything but her sacred, holy dollar.
I wonder if she even knows what the Constitution IS.
You are correct. BOA wants to foreclose on all equity homes When will government regulators realize this and do something.A__holes they are.
I am looking for people from Michigan. I need to get michigan on the map for the class action suit. I called Hagens Berman (found there website) and michigan so far is not included because we donot have a lawyer to represent us here in michigan yet. I am so sick of B & A got the run around for 7 months. and when i guess they finally got sick of my phone calls every other week ( after i can made my trial payments) they denied me told me i could do a short sale – or they could put a lien on house – or sign over the deed. One lady told me to get another job. That lady did not even know my story how dare her. I bought a house 2 years ago right before the big crash and paid 135,000. I can not even put it on the market for 80,000. Talk about upside down. I know i am not the only one. but they have done so many wrong with promises. and then I feel like all they really wanted to do was wait while you made the trail payment – they drag their feet and you owe them more and more money and then wham they put you into foreclosure for non payment. I owe them bastards 3500.00 dollars in back payments ( i stilled made my trail payments when they said they were running a little behind but i was all good just wait a few) they want their money today. Lucky me.
So michigan i need responses lets get michigan on the map i know i am not the only one out there from michigan.
Dena …
I hate to add to your list, time or aggravation, but you might want to consider using your browser’s Search feature and go back page-by-page in this blog and search “Michigan” or”MI.”
I think there were some posts.
But also remember that it’s been suggested in here (by a gracious and frankly BRAVE attorney) that you file an INDIVIDUAL suit. Many suits will be much harder for banks to swat than one class action, tying up their system even more, but more importantly, getting you individual court attention.
Why get lost in a list, when it can be YOU, the living, breathing, flesh-and-blood human being the judge will be considering?
But also skim this blog for information. Yes, it’s going to take time and I know it’s emotionally draining. Unfortunately, we’re in a “war” and wars are hard work. We’re all doing it with you, suffering the same consequences … near exhaustion because of their greed.
But in the end I’m sure it will be worth it. Drag them out into the bright light of day for all to see.
Sorry … that should have been addressed to Tamara.
It’s late.
I would love to help you get something going here in michigan! My husband and I have been fighting with them for well over a year now. I have also been trying to find an attorney here that will help us! My sister is in the same boat we are also, and I know the place we were working with with has not had any luck working with them either. Michigan needs to get something going here, because this delay thier doing is going to be just another round of BULL****!!!!
I ve had the same problem with BOA,I had to get a lawyer in Dearborn if you are interested in join a class action lawsuit contact me at my e-mail address babeckster2sbcglobal.net
I have my own horror story from Michigan and want to be involved in a class action suit.
Jennifer …
Two quick things about your post …
You may (or may not) have noticed that there’s no suit simply to sign up for on this blog/forum. Since these suits are regulated by Contract Law (Statutory Law) State-by-State, and any suit will take place within a particular State.
Second, it may not be to your best advantage to sue along with others in a class action. Sure, it sounds “easier,” but it’s also easier for the bank to shoot all those fish in one barrel. They only have to assign one team of lawyers. Not only that, but your case won’t necessarily get the individual attention it may deserve. There may be details of your case that get lost in a class action, and cases are won (or lost) on the details.
For example, a class action may not discover that the bank never had the right to foreclose on your house in the first place, having lost or destroyed your original mortgage contract (through the MERS system) … which is an act that literally voids/terminates any obligation you may have to pay another nickel. But there may be other facts and circumstances … details of a fraud … about your case where a judge will never hear or see a single thing since the class action may not cover them.
Tying up many of the banks’ lawyers sends a MUCH stronger message, too. Personally, I’d imagine they literally laugh at people “desperate” to be in a class action suit. Sending just a few lawyers to court to fight one lawsuit is a heck of a lot cheaper and easier than sending a group for each of MANY lawsuits.
Anyway, suing in a class action is only ONE way for you to get “justice” or your right to “due process.”
I’ve been posting a “First Day Orientation” and “18 Points for Getting Started” here in the forum that is a combination of things people here have learned to fight this thing. There’s MANY things you can do. You are not alone, and there’s tons of stuff you can do to bring attention to your situation AND help make politicians, regulatory agencies, law enforcement and the general public more aware of what’s going on. Rather than take up the forum’s space, this information is now posted at …
piggybankblog.com/2009/11/08/piggybankblog-writer-don-sweet/
You might also like to read my “metaphorical” story about how this all came about at …
piggybankblog.com/2008/11/08/don-sweets-latest-article/
Two more items will be added to the 18 point list …
19 ) Although it’s controversial and you should check your State and local laws before hand, you can record your conversations with the bank WITHOUT telling them. When they say “This call may be monitored or recorded …” they have broken a basic principle of law called the “privacy covenant,” where phone calls have a basic expectation of privacy. Once they say that, you can record to your heart’s content. But again, some attorneys express caution, so check your State’s laws.
20 ) Research is showing that filing for Quiet Title can be tricky and possibly expensive, although not impossible. It’s my opinion that it’s going to be based on a LOT of research before you dive in. Apparently, the courts will be VERY careful to dot every “I” and cross every “T” and several people are suggesting a Quiet Title specialist attorney.
Of course, introduce “attorney” into it and you immediately add $$$. Make that a specialist and I’d imagine you’d easily double it.
That’s probably where the research plays a critical role … including ramming a RESPA/TILA letter down the banks’ throats, as well as hunting down actual paper records of your loan in your county/parish.
It’s not going to be as easy as “the bank did me wrong, so I want my house” and the judge saying “ok.” There’s going to have to be provable fraud or broken “chain of transfer” eliminating their right to your property.
Even before you approach an attorney, you’ll need to know these things AND have accessed the documentation to prove it, or you’re wasting your time. It’s far from impossible, and could even be highly likely given the MERS debacle … well, shall we call a fraud a fraud … but going the Quiet Title route is going to be work, work, work.
Jennifer … I know this is complicated. That’s the way banks like it. They’d really just prefer you got emotionally spent, gave up and moved out. After all, they profit from foreclosure and LOSE money on modifications.
Your best weapon is information. Learn to be a “legal warrior” to help save your home.
Keith, I did some research on my deed through the county assessor office. B of A has recently the day before the foreclosure papers, took care of trustee sale, cooperation deed of trust (looks like transferred the deed from countrywide to B of A) substitution of trustee, the transfer does not look like the original deed where it states who the beneficiary like the original docs. It looks like with all this hype that they have dotted their i’s and crossed their t’s. It looks like things have been whited out. On the tranfer deed from Country wide to B of A the signature states aast. secretary. It looks like there has been some white out and signatures over it. I wish I could hire an attorney here in Az but We are just getting back on our feet and they are expensive. Do you have any suggestions. Do you think a title search would show more activity? Or does that just get covered up with these big banks as well?
Dena …
As I’ve implied, nothing would surprise me about their behavior, including forgery.
Remember, it’s possible public employees would be complicit in making changes … forging … since local and State government profits on foreclosure and sale through fees.
It’s one big happy family.
Nevermind we’re their neighbors.
If the foreclosures become invalid and/or illegal, so would the fees associated with them. Pretty strong motivation to use a little whiteout.
Are there any State Attorneys General or their staffs paying attention here?? How about you County/Parish District Attorneys? If this comes out and you were sitting on your hands … well, let’s just say I wouldn’t want to be you.
Remember, there’s hundreds of thousands of us out here. No bottle is corked THAT tightly.
Dena,
Substitution of trustee doesn’t really mean anything and is done all the time. What matters is if you contest the foreclosure IN COURT, you specifically state under OATH the documents they present ARE NOT TRUE AND ACCURATE COPIES of the ORIGINALS you SIGNED.
I’ve placed emphasis so the importance is noted. It is important that one NEVER admit copies generated without the original signatures are true representations and that they are being questioned as to their authenticity. Make them produce the original signed documents for comparison.
I wish I knew more to help you.
My Attorney, yesterday, found a HUGE screwup in the DoT for my property and on technicality of state law, renders the note unsecured and the DoT worthless. I can’t go into further details, but the closing attorney screwed up, but the SoL’s have expired to hold them responsible, so the bank really has no recourse now but to modify or settle.
We’ll see..
I would like to know where to get in on the class action law suite against Bank of America. They told me I had to let my payments fall behind at least three payments before they would do anything on a modification program.
Well I only let it get behind one and a half payments and start the modification in 2008 and waited for a reply almost 9 most and I caught my payments up and then found out they had done nothing because I would not sign and send in the register application to up my payment.
Thereforth they said after waiting almost four more months that I did not comply, yet at the time I told the rep that I was not going to sign and he stated he would see if he could get it lowered, what kind of modification is that?
Again I waited and nothing call in once again and by now its in the year 2009 and finally a women gets on and states because we did not sign that form they drop us. And was told to resubmit again and like a fool we did.
This time we checked in four to five months as we had not heard, and of course once again they said we were not able to get the help as they had no program for us, but to please submit as new programs were coming in and of course once again we did.
I checked in three months and was told they were working on it and they would let us know, still waiting and finally called again and the same old crap, we don’t have a program that will fit your needs.
Now we have lost our home and a realistate women bought our home its not yet 30 days and the President said they were putting a freeze on foreclosure and anything within the past 30 days would also count, does anyone know if that is true?
Please if anyone out there know what Attorney we can talk to please advise we have lost our home after working 30+ years and my husband has cancer we have no money and a six year old greatgrand daughter to raise as she has no family but us.
Please e-mail us as soon as you can
Thank you
N Gray
I read a lot of Attorney Generals from different states start launching their investigations about banks fraudulent foreclosures. We need to keep calling, emailing, mailing letters and even texting these Attorney Generals to include the banks fraudulent loan mod. trial. We can not give up now. We have to keep bringing up the loan mod. scam until it makes a HEADLINE , not just the foreclosures scam.
Megadittos–This mess is about past, pending and future action
and irregularities regarding loan loan modifications as well as
past, pending and future fraud and illegal activities regarding
foreclosures–and possibly among other things.
Exactly Dan …
And that reminds me to post my revised RESPA letter recipient list. I added a few.
I highly recommend sending a RESPA/TILA “Written Qualified Request” letter to BofA. I have copies, or refer to the links in my 16 point “getting started” suggestions on the previous page. Click on the light blue “Previous Posts” below. Email me at donsweet@verizon.net and I’ll happily, gleefully, joyfully send the big one.
The list of recipients I sent to are:
Federal Trade Commission
600 Pennsylvania Avenue NW
Washington, DC. 20580
Office of RESPA and Interstate Land Sales
Room 9146, Department of Housing and Urban Development
451 7th Street SW
Washington, DC 20410
Office of Housing Enterprise Oversight (OFHEO )
RESPA REQUEST
1700 G Street, NW., Fourth Floor
Washington, DC 20552
Comptroller of the Currency (OCC)
Administrator of National Banks
250 E St SW
Washington, DC 20219
Larry L. Hattix, Ombudsman, Comptroller of the Currency (OCC)
Office of the Ombudsman
250 E. Street, SW, MS 9-3
Washington, DC 20219
Fannie Mae (or Freddie Mac if they “own” your loan)
Mortgage Fraud Program
3900 Wisconsin Avenue, N.W.
Washington, D.C. 20016
U.S. Department of Justice
Glenn A. Fine, Inspector General
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Both Federal Senators (Google)
Federal Congressperson of your District (Google)
Both State Senators, or the State Senator responsible for your district (Google)
Your State Assemblyperson (Google)
Your Attorney, even if they aren’t retained yet
Your State Attorney General (Google)
Your District Attorney’s office
Check for specialized lawyers under the DA (Google)
The Sheriff’s Office of your County or Parish (Google and name the Sheriff)
Any media people aware of your case
I have had the same mess as the rest of you. Trying to modify since 2008. We actually have a completed modification now. BOA of course charged us tons of interest and so on. My question is, has anyone been successful in getting BOA to correct their credit that BOA ruined? If so please advise. Also, is there anything happening in Missouri such as class action lawsuits? Thanks in advance for your time!
Cheryl,
I found out yesterday through MMI(gov. credit counselors) that it is totally against the HAMP regulations for them to ANY late fees or report “late” payments IF you had signed up for the HAMP program. I would find your own lawyer, that way you can be 1 of 1,000,000 mosquitoes!
Joan,
BOA does not acknowledge or submit to ANY of the HAMP
federal guidelines. Remember HAMP only furnishes
“guidelines” and the entire program is VOLUNTARY.
MMI has a lot of really nice and well intentioned folks
but they have ZERO clout or influence. It feels good to have
them by your side but in all honesty they cannot help
at all. BOA does what they want in the final analysis.
The one good thing ( I guess ) about MMI is that they
would be credible witnesses in any lawsuit that you
might file so keep track of the people you work with
their and insist that they take good notes of your
conversations that you make to BOA. Funny how
the MMI org is set up as non profit and funded by
the GOVT as a watchdog type group for the HAMP and
MHA but they really are nothing but a jobs program
I think. The MMI people are I think sincere and they
really want to help but when they see you hit the
brick wall and they cannot do any more to help
they will kind of abandon you because they have
maxed out on their reimbursement for helping
one borrower.
Well it was nice to have someone on my side and hear the crap BoA keeps giving me. Also, thanks to them I got some very valuable information to pass on to my Attorney!
I have yet to see an article or link that points to HAMP
being voluntary. I thought that once the 15, 17, 25 (?) or
so original participating lenders (all TARP recipients)
signed on and agreed to modify mortgages per the
Making Home Affordable program that they were obligated to play by certain rules set out by the Treasury
Dept in exchange for incentives per completed loan
modification. Where have I gone wrong in my thinking?
Do you have a link? Maybe BoA can do it voluntarily
because they have allegedly paid back their TARP loan.
Bob …
If you Google around a bit, you’ll find some sites and pages that explain HAMP Rules. A couple dotGOV sites will pop up.
They use the word “consider” a lot in referring to a loan mod or other HAMP option, but not much I’ve seen compels them to provide the modification ITSELF.
Why would the Federal Government pay a bank to ONLY CONSIDER doing a homeowner’s modification, and NOT pay unless they’ve actually followed through with one?
Hmmmmm?
OH … that’s right … I’m talking about the Federal Government.
Makes perfect sense then.
Hi all. One of my big issues with Bank of America is that I was told-on their workout Status Page-that I had been approved for a modification in July 2009 (over a year ago!); then, when I questioned a representative about it, the posting was removed from the site and I was never able to access that page again! Savvy Gal that I am, I printed the page out. B of A being B of A, I am sure they will say that the traditional modification they offered me in January 2010 was the one I was approved for, even though the date they said I would have my “workout” was 9/14/2009. I also think that they will say that no one can access that page. I am collecting evidence and asking you all to go on your Workout Status Page and print it out for me. You can email me directly at savvygalmichelle@me.com—call me at 323-309-7567—
Please check out http://savvygal.tumblr.com/day/2010/10/13 to hear more of my story. Today I will send copies of my RESPA letter to everyone on Don’s list (thank you, Don!). Please read my blog post on RESPA—I got a call from my Consumer Advocate at B of A less than 10 minutes after I sent her an email telling her I had sent my Qualified Written Request!
Savvy….mine only has a list of numbers….no updates?
Thanks for trying, Tammy! I guess they removed the page (even though they still have the link), as there was too much written evidence! As much as they try to deny what they say, it is so much harder to deny the written word (even though they try hard!).
I may have missed a post or to on this subject–if so –I would like to
revisit the topic: RESPA ‘QWR’ letters. Of you that have made an
inquiry to a lender regarding RESPA concerns, have you gotten
any feedback? Has– for example BoA been forcoming with the information you have requested, told you they would send it, or
have they been negligent in even responding? For those of you who have thought about a RESPA letter but have not done so to date,
would it seem logical–anyone–to go ahead and follow through with
that now before Congress pushes through some ‘sneaky’ bill diluting
the potential full force and power (?) of RESPA. Why not have a
receipt in you hands as evidence that your request for RESPA info
is pending? Don S—what do you think? For those who have not been
foreclosed on yet but anticipate eminent BoA action–is the timing
right?
Last post: not withstanding a few typo errors
Don S–
I have just seen your comments, opinion and checklist of potential RESPA recipients on a previous post earlier today. Thanks.
I am so happy to have found this site!! I feel like I have been in the twilight zone. I have sorted out the customer service dept, the home retention dept, the modification dept, and the forclosure dept. they have forgotton to add the fraud liar dept, and the we screw up your paper work dept, and oh yes I do not know what I am talking about dept, and I am BOA and I suck dept!!!!! Okay I feel better just a little release. I am waiting and waiting and waiting and calling and calling and calling and oh more calling. I have talked to Joe, Latisha, Davis, Kesha, Orlando, Jeremy, Claude, Jenine, Robert,Paul,Kyliah,Peter, Paul, and Mary.. get the drift.. on and on and still here I am waiting……. Hours of phone time….. hours…. faxes, copies. ect.. WTH????!!!##$$%%^^^ At this point I will still keep on fighting so my children and myself are not left on the streets. Bank of America GET IT together use the $ we paid you and give back!!! More money will come back your way. It is a simnple concept it cost monet to make money. I want to give you money so I can have a roof over my families head. So please BOA listen file your papers correctly like myself who has made mistakes take this chanxce in overwhelment and make change and help the people who face losing their homes. Take our money and reorganize!!!! Everyone will be happy!!!!
Screw BOA. Worthless scum after the dollar. We as a whole should have let them fail. Bank somewhere else. Their employees are incompetent, liars,don’t give a shit,and complete morons. CEO and board are very corrupt individuals. Bank somewhere else if you can
Hello everyone. I am going through complete hell with BofA. I have been a victim as most people have and have been dying to sue them. Sadly, I do not have $30,000.00 (as told by an attorney) to initiate a lawsuit against these monsters. I live in Florida and I would have to sue them in Northa Carolina so that makes it a venue case. That is why BofA is getting away with murder because no one really wants to help the innocent people. BofA has had every intention of destroying our lives and are precisely doing so. I have an autistic 6 year old son a daughter with Asperger’s Syndrome and it has not been easy and it is very expensive. This fiasco with BofA has caused severe emotional damage to me and my husband. We are both seeing a psychologist before we go completely insane and now my husband has shingles for goodness sake which is triggered by emotional distress. He is working in intense pain but has no other choice because we need to eat eventhough we have decided to no longer pay the mortgage because we cannot afford it. It has snowballed out of control. We have been trying to get a loan mod from these blood0sucking vampires since December 2009 and just got a denial 2 weeks ago for, get this: not submitting my paperwork. What the heck!! I submitted my documentation so many times that I went though at least 4 ink cartridges on my printer and about 2 packs of copy paper!! I already knew what to send by memory. They have lost my paperwork so many times that it’s insane. I even have all the proof of them receiving it. This is just a satanic tactic by this horrible company to prolong the process as much as possible to buy some time so they can find your Note and also make you default more so that they can finally take your house. These demons need to be stopped!!! I am already drawing up a sign against BofA to put in my yard and hopefully everyone will do so. Please write to everyone possible, the Attorney General, Congressman, Senators and the President so that they can go crazy. The President is in bed with them and he is bootie buddies with Brian Moynihan: http://www.huffingtonpost.com/2010/05/13/brian-moynihan-bank-of-am_1_n_574759.html. This is truly disgusting!! Our tax money going to work and not one cent of it has gone to help the actual homeowners. We need to fight these vultures!!!
Isabel …
All that is in concert with BofA getting caught with their pants down in 2007 and immediately started to “rat” on their competition (banker friends). They befriended the Administration to look good … and the Administration “befriended back.”
In terms of so-called homeowner benefit, the HAMP program is designed to fail by its very nature.
Banks are paid $1,000 per case to only CONSIDER a mortgage modification, and that’s whether or not they foreclose and throw you into the street.
“I’ll pay you a thousand dollars each and all you have to do is talk to them. Nothing else.”
Are we getting a clear picture here?
In terms of bank benefit, I’d say HAMP was a raging success.
To all: When you fax any requested documents to BOA, leave a detailed note on the Fax cover sheet to include, to the attention of the name of the person at BOA who is requesting the documents, forms or written statements and also inform them to have BOA’s imagining department scan the documents so that the information can be put into your file/account/MHA info. I hope this helps!
More games by BOA. On September 21st, two weeks after my mother reapplied for the MHA application, a rep told her she needed to send a written statement as to why the 4506-T tax form didn’t apply to her, we asked the rep should we send the 4506-T form also?, the rep replied “No, not if it doesn’t apply to you.”
So of course yesterday my mother received an email from her negotiator who said there have been numerous requests for a 4506-T form and until my mother sends them a completed form, BOA could not review her application. Nice of them to let us know now, but where does all of the previous documents sent go????
BOA = Too big to exist!
Moynihan is a known” BUM” and DeSoer is a puppet as evidenced by her “Guilty Conscience” ready to faint comments when interviewed on CSPAN and Lewis also was a hyperventilating, guilty conscience, interviewee when he came before Congress last year before his departure. With folks like these what can you expect. The lower level employees of BofA should take a good look every morning at what they are condoning for a paycheck.
Joseph …
Careful here.
There’s a basic principle at work.
People of sound moral and ethical character often don’t understand people without it. “How could you not?” enters their heads.
The problem is, people become convinced they’re doing the right thing. It’s unfortunate that I have to make the comparison, but think about Nazi Germany … or just plain, ordinary Germans before and during the war. They were desperate with runaway inflation, lack of work, lack of food and other necessities. Along comes a guy (and his thugs) that makes everything alright, provides jobs and the appearance of purpose … which is not all that different than cops today that find purpose in writing tickets to help his town’s budget. Nevermind that he and they are inventing revenue and confiscating people’s hard-earned money without much justification. They believe we deserve a “charge” for the slightest infraction of the silliest of rules.
Bank employees are convinced we “deserve” what we’re getting. They sleep very well at night. So do their bosses. They’re gratifying the profit lust their stockholders demand. How can they be wrong when they’re TOLD to do what they do? After all, that’s The System, isn’t it?
“We were just following orders.”
They’re not responsible, The System is. They’re just trying to make a living like everybody else … right? If you’re not hip-deep in The System and doing everything it dictates to the letter, you deserve everything you get.
Problem is, that’s a “bee hive” not human beings. That’s mindless drone ants … soul-less.
One of the reasons I’ve brought up the Founding Principles of this country so many times is the fact that its literal, rudimentary, FOUNDATION is based on the INDIVIDUAL, not the whole.
People who believe in the whole more than themselves sleep very well at night. They’re cashing in on things that are someone else’s responsibility … like morals and ethics.
People like that are quite literally … by definition … traitors to the founding principles of this nation.
“I’m just doing my job.”
It’s the statement of a mindless, soul-less, coward too frightened of his own shadow to think and act for himself, or with the slightest compassion for others.
People with sound moral character, independent thought and empathy for his neighbor find it hard to fathom that.
That’s not entirely true – or at least, I don’t feel it is.
BoA has stooped so low and used intimidation upon its employees so much the average “stay” is six months, with a stress level nearly equivalent to active combat for those who have a shred of a conscience. SEE THE VIDEO and note the Q. “What keeps you awake at night?” In my opinion, this question brings a new perspective on the bank’s demeanor.
Some employees I’ve spoken to have been very apologetic, not entirely helpful, but apologetic and I could sense they weren’t particularly interested in the next cubicle’s occupant overhearing our conversation.
If the person on the other end of the line gives expected service and at least behaves professionally, I do the survey to ALWAYS give them “9’s”, but always “1’s” and “2’s” for Bank of America’s (lack of) performance. Both earn what they get.
BoA is even accused of cheated its departing employees of their severance to keep them from ratting the bank out or suing.
http://www.insurancejournal.com/news/national/2009/05/19/100626.htm
BoA is after the dollar and is willing to do ANYTHING for it. Again, watch this – it ought bring out some compassion for the poor souls who have to endure a job at BoA.
youtube.com/watch?v=a5E0WNO7e_Q
Keith …
Thanks for those two links (and your comments).
I’d seen Jackie Ramos’ video early on in my involvement with this blog, but had forgotten about it. I watched it again for a refresher, and frankly, she really defines the word “hero.” And like any true hero, expresses no malice, but simply reports the facts of their operation.
Her point about the interview question, “What keeps you up at night?” (a HIGHLY unusual interview question) speaks encyclopedias of volume about what kind of people are hired and stay at BofA … natural-born cut-throats with no conscience. She was weeded out because she HAD one.
Again, folks, these are the people we’re dealing with.
If we had 300 million “Jackies” in this country, there wouldn’t even BE a Bank of America.
another smooth it over bs post…he should be pissed about house
another bull sh post he not angry in his home position or his post ,really if he was loosing his house ya think
Are you referring to me?
Because if you are, you need to understand I see there is absolutely no reason to be “angry” or “pissed” at anyone here who shares the same turf – and especially when one may well have BAS’s testicles in a vice – unless someone here makes loose, uninformed cracks as you have.
I entered into a complete nightmare dealing with boa on my loan modification…..my first trial period payment INCREASED by $600.00 at that time I called and though opted out of their program, only to be continuously and completely bowled over by them…I can’t express what they have put me through, and am still after being told twice I was out of their program and they would put me back to my original contract today are arguing that they will no longer allow me to pay my taxes and insurances myself..the inequities are horendous I can’t believe this continues to go on and my heart aches for the families who have lost their homes thinking that this bank is looking out for them. I was better off before I asked for their help. Now I’m trying find someone who can help me with this in Michigan.
I m having the same problem with BOA.I have a Lawyer and I m trying to start a class action lawsuit,if you are interested contact me at babeckster@sbcglobal.net
Carol and other newcomers …
Please see the previous page for a 16 point “getting started” list that might help. Click on the light blue “Previous Comments” at the top or bottom of this column. There’s also several posts that might help you wage this battle. Welcome to The War.
I know a lot of this is disillusioning. We’re experiencing a violation in trust of institutions we were raised not to question. Their “patronizing” behavior doesn’t help … patting your hand with sympathy while pulling the rug out from under you.
No con artist worth their salt looks like a con artist. You have to break your traditions of trust and be skeptical … I’m sorry to say.
“Thinking that this bank is looking out for them” is one of the root causes of this situation. Although they’ve probably never been interested in anything else, many if not most banks, particularly big banks, are only interested in profit. “Customer service” is a reviled, despised necessity. They prey on the idea that we trust them. In fact, it’s almost literally become moot that Statutory Legislation requires them to behave ethically. “George Baileys” are rare and the exception to the rule.
We are programmed in this country to unquestionably trust the major institutions that control it … when that entire concept is the complete reverse of how things should work.
Read your Constitution, Bill of Rights (a separate document) and Declaration of Independence.
They (including corporations) are supposed to act and behave at OUR pleasure, not theirs. Government through our vote, and corporations through our patronage.
Seems their arrogance has run amuck.
Where in human history have we seen THIS before?
Try “everywhere” in almost every culture.
Am I simply being a paranoid conspiratorialist? Or is this real?
We have been trying to get a modification for well over a year now with BOA. The housing counselers , myself & husband meet with Trott & Trott, and of course BOA back in Nov. of 2009, at the end they said we qualified for the modification and to watch the mail for the paperwork! Right.. nothing came and we we would call to find out of course we were told that it was still in review!! Well now our house has been foreclosed, we receive a letter from Trott & trott stating that on the date of our meeting back in Nov. 2009 we failed to satisfy 1 or more guideline requirements established by the investor??? We receive this letter on around Sept 23 2010. Just like so many families I will be homeless soon also. I have been in my for 10 years now. They say what you want to hear at first and they they just drag you along and cut your throat. Thanks for nothing BOA and Trott & trott!
Well, Mark Warner and Jim Webb (VA Senators) heard from me. So far only Senator Warner has responded. I have posted his “cookie cutter” response below. I spoke with a staffer at the number at the end, and she got an earful. What a bunch of Party Line BS! WE ALREADY KNOW ALL THIS!!!!! I called the staffer number and unloaded. It was not for me personally. It as for all the people who have been deceived by BoA. I will prevail even if I have to eat dog food. I refuse to bow to those in Congress, HUD, and in the Executive Branch. They know what is going on and they refuse to address it. The goal is for the government to own all of it. Private home ownership is not an option. FIGHT NOW!
========================================
Dear Mr.XXXXXX,
Thank you for contacting me regarding help for homeowners. President Obama’s Homeowner Affordability and Stability Plan, released in February 2009, was designed to slow the rate of foreclosures occurring in regions across the country. Many Virginians have found their homeownership threatened since the beginning of the financial crisis. It is important that borrowers know how to access information about programs that may be beneficial them.
As you may know, the Homeowner Affordability and Stability Plan outlined by the President puts forth these goals to reduce the number of unnecessary foreclosures and stabilize the nation’s home prices: 1) help homeowners refinance into more affordable mortgages, 2) stabilize the millions of at-risk homeowners to help them avoid the threat of foreclosure, and 3) support low mortgage rates through Fannie Mae and Freddie Mac.
I realize that keeping one’s home is a matter of immediate concern for many people. Waiting too long to talk to a housing counselor is a problem many families have experienced. No matter what type of situation you are in, a HUD certified housing counselor can be a source of unbiased help. It is also important to be cautious of predatory lenders. If someone offers to negotiate with your mortgage company and offers to arrange, stop, or delay foreclosure for a fee, say no.
Please review the enclosed document to help determine the best steps you can take to help resolve this problem. The website http://www.makinghomeaffordable.gov also has specific information to help borrowers figure out if they are eligible for one of the two programs within Making Home Affordable: the Home Affordable Refinance Program or the Home Affordable Modification Program. If you do not have access to the internet, you can contact the HOPE NOW Hotline at 1-888- 995-HOPE. Additionally, the Department of Housing and Urban Development provides free of charge counseling in regional offices that may be found through http://www.hud.gov or 1-888-995-HOPE. Further, both Fannie Mae and Freddie Mac have established toll-free phone lines and web submission processes to make this data available:
Fannie Mae: 1-800-7FANNIE
(8am to 8pm EST),fanniemae.com/homeaffordable, http://www.knowyouroptions.com
Freddie Mac: 1-800-FREDDIE
(8am to 8pm EST), http://www.freddiemac.com/avoidforeclosure
As of March 26, 2010, HUD announced new adjustments to the Home Affordable Modification Program (HAMP) and to the Federal Housing Administration (FHA) programs that will be implemented by Fall 2010. The FHA program changes are meant to provide more opportunity for lenders to restructure loans for homeowners who owe more than the value of their home. Expansions of the HAMP program include forbearances of up to six months for unemployed homeowners, and eligibility for a loan modification if homeowners’ mortgage payments are greater than 31 percent of their monthly income. Other program enhancements will include the use of principal write-downs and strengthened lender-borrower communication rules. Further detail is available at http://www.makinghomeaffordable.gov.
It is important to know that in order to qualify for a permanent modification, homeowners must successfully complete a three month trial modification. Many lenders are now offering their own trial and permanent modifications, separate from those offered by HUD, and borrowers can ask about these programs to make sure that they find the assistance that best meets their financial status. Homeowners in HUD trial modifications can call HUD’s interactive voice system at 1-800-569-4287, or the Homeowner’s HOPE Hotline at 1-888-995-HOPE (4673) and ask for “MHA HELP” for more specifics.
Thank you again for contacting me. If you have followed the guidelines provided by your mortgage servicer or lender, worked with a HUD certified housing counselor agency to resolve the barriers to obtaining a loan modification, and you are still facing foreclosure, please call my Norfolk constituent services office at (757) 441-3079. Best wishes to you and your family.
Sincerely,
MARK R. WARNER
United States Senator
I suspect I will receive similar cookie cutter responses from the President, the US attorney general, the treasury secretary and the three senators I sent letters out to. They just don’t give a damn. If they did they would have done something about this back in April after the congressional hearings were held.
Soon we will all be serfs….owning a home will be privilege only for the wealthy and elite.
hi u.s. senator i will be in norfolk soon .why are you giving these bs numbers. my home is gone i called all these numbers, over a year ago.they send you some where else or say we can’t give legal advice.like i say people be aware of who post here. bof a says its and income to debt ratio.as in out go cash to inflow cash or a simple fraction 4/3 how long did or does it take to figure this out to give you and awnser.they aquired all these loans from country wide to make a profit. knowing this all would go south.they special schooled customer reps to take these calls and to bs the soon to be forclosees.they said send me your fianance statements and wait three months and not to make a payment( i did all this).HELLO…they keep the loans on hold for 6 to 8 months and then demand a large sum of back payments plus legal fees. which is in thousnads of dollars.they are in homes or on properties way before foreclosure dates…they never filed a writ of posession on my house or sent and evict notice i came home off the road working and my house was cleaned out.gave realtor possesion and changed locks without any law enforcement present.I WAS TO TO FILE BANKRUPTCY BY PEOPLE AND DID NOT …SO PEOPLE THATS WHAT YOU NEED TO DO. ITS BAD CREDIT, BUT IT WILL BE OUT COME EITHER WAY . SO YOU GET TO KEEP HOUSE AND F.. BOA.THEY WILL F YOU AND CREDIT IN THE END ANYWAY.
READ UP TO BEVERLY’s POST; PEOPLE FILE BANKRUPTCY FILE FILE FILE NOW. THE POST HERE FOR A YEAR ARE ALL THE SAME GO SEE AND ATTORNEY NOW !!!SAVE YOUR HOME…YOUR CREDITS GONE EITHER WAY FILE NOW F THEM BEFORE THEY F YOU … ESPECIALY IF YOU HAVE KIDS ,,,, MY NUMBER IS 704-524-1098 IN CAROLINA….
Folks …
Something I’ve been meaning to mention …
I don’t look at a single word of my posts as sacred or copyrighted. I comment and share information so it can be passed around, and people can be encouraged and advance the “cause.” If you’re on other blogs, have a web site, or just feel like passing it along, feel free, particularly the 16 point Getting Started list.
I even have a full record of everything I’ve said. I’d be happy to forward it to anyone who wants it.
So much for justice
Countrywide Financial Corp. co-founder Angelo Mozilo has agreed to a $67.5 million settlement to avoid trial on civil fraud and insider trading charges that alleged he profited from doling out risky mortgages while misleading investors about the risks.
http://www.msnbc.msn.com/id/39688498/ns/business-real_estate
This is where Bernie Madoff screwed up. Along with screwing worthy foundations he also screwed the wealthy…a big no-no. Meanwhile Angelo “The Lizard” Mozila screwed millions of average home owners and is tight with senator Chris Dodd and God knows who else, gets away with a big fine that I’m sure he will have no trouble paying.
An all too familiar story. My question is has anyone been succesful at getting BOA to correct their credit? This is my letter to them.
To Whom It May Concern:
I am writing to again request that my credit be corrected by your institution. Below is an ABBREVIATED log of my dealings with Countrywide/Bank of America beginning in December 2008 through today.
12/08 – A tree fell on my husband and he was told he would not be able to work for 4 months. We called Countrywide to ask for assistance and were told by them we should apply for forbearance.
2/3/09 – Received FedEx from Leslie Garlington regarding Forbearance. Payments from Jan Feb and March 2009 were suspended however the full amount still due and will be split among future payments.
2/3/09 – Workout status APPROVED according to Countrywide webpage.
2/17/09 – Notice of Intent to Accelerate received.
3/4/09 – Letter received stating temporary suspension ending and to resume normal payments as agreed upon.
3/11/09 – Called Leslie Garlington. Was told Negotiator will contact us before the end of the month.
03/24/09 – Called again and was told if we needed additional help to apply for a modification. Faxed modification request and 18 pages of requested documentation to Leslie Garlington.
3/24/09 – Intent to Accelerate received. Call made to Leslie Garlington. Was told to disregard and resume making payments in April as directed.
4/27/09 – Logged onto Countrywide web page. It shows workout information as well as faxed paperwork received on 3/24/09. Still says Workout Stage “Approved”.
4/27/09 – Called Leslie Garlington to verify fax receipt and to get update. Was told by Mario that they can only receive 10 pages faxed at a time. Told to refax modification request and supporting documentation and to check back in a few weeks.
5/6/09 – Called to follow up on progress/status. Was told that Sonya Wilburt had been assigned our file and she will need 30-60 business days for review. They recommended we call back in two weeks.
5/21/09 – Called to check status. Was told our total due was now $11,024 even though payments were being made monthly. Also told we are in workout status and that our review for modification was in progress. Assigned a negotiator.
5/26/09 – Contacted Sonja Wilburt. She said she was under the impression we were applying for Forbearance and we said no it was a Modification. She explained she will have to refer it out and will have to call a different person in regards to a modification.
5/27/09 – Logged onto Countrywide web page. Shows faxed documents received. Workout stage “Processing”. Phase/Sub Phase “Active Processing”. It says to check back after 7/1/09.
5/27/09 – Called Sonja Wilburt again. She said to fax or mail a modification request with documentation again.
5/28/09 – Faxed 44 pages to Sonja Wilburt for request for Modification even though previous faxed request was made earlier in the year to Leslie Garlington.
6/1/09 – Called to verify fax receipt.
6/14/09 – Notice of Intent to Accelerate received.
7/11/09 – Letter received from BOA. Says “We are pleased to advise you that your loan modification has been Approved.” We signed enclosed Loan Modification Agreement and returned via Fed Ex in the enclosed envelope. Our new payments were $2619.27.
9/1/09 – Called to check on status. We were told a different group was assigned our loan and to call 877-643-2788.
9/17/09 – Called to find out why our payments of $2619.27 were not taken out of our account. Told our modification was not completed yet and the payment should be coming out by the end of the month.
12/09 thru 3/10 – Called multiple times to find out why our statements are incorrect and when everything would be corrected and updated. Asked why they were taking so long removing the payment from our account and again was told it would all be corrected.
3/27/10 – Called again and asked why our statements now indicate we are over $27,000 past due even though we are making our monthly payments of $2619.27 as directed in our modification. BOA told us to call the Home Retention Division at 877-327-9225.
4/1/10 – Called again to check on status. We were advised to keep making payments and to call every week. The modification will be updated in the system but it “takes time”.
5/19/10 – Call received from Misty Bell for Escalation Department. She said BOA lost our documentation and told us we needed to start the entire modification process again or we would be foreclosed on. She wanted financials over the phone. Multiple calls were made to Misty Bell after this and over the next several months.
5/26/10 – New modification agreement received. Our unpaid principal balance has risen from $306,000 to $332,000 based on unpaid interest according to Misty Bell. Notice of Intent to Accelerate received. It now states that we owe $31,004 in Arrearages even though payments of $2619.27 were being made monthly. Called Misty Bell back she explained that our payments have been sitting in Partial Payment Account so the interest has been accruing on the entire payment because it was not applied to anything.
7/28/10 – Statements still not correct! We were told by Misty on this date that our “new” loan modification was now completed. I requested a signed copy from her so we didn’t experience this same problem again. Statements still incorrect and still receiving collection calls.
8/5/10 – Email sent to CEO Brian Moynihan regarding dissatisfaction over entire process and request to correct credit made. Credit reports reflect that no payments have been made for over 20 months!
8/11/10 – Letter received by Mr. Moynihan’s office that they will look into the situation. Assigned Colby Gilbert to our case.
10/6/10. Message left with Colby Gilbert. I was able to get ahold of Andrea at Customer Advocate Group. I requested signed modification again and requested that BOA correct my credit. She sent email to Jacklyn Martinez and I was transferred to Home Retention department. They transferred me to Marlena who transferred me to Ms. Martinez again. Andrea has tried to assist to the best of her ability and has probably been the most sincere of all employees at BOA.
10/13/10 – STILL WAITING FOR CALL BACK FROM BOA.
………………………..
In conclusion, I again request that you correct our credit DATING BACK TO WHEN THIS ENTIRE PROCESS STARTED.
ok lets spell it out b-a-n-k-r-u-p-t-c-y file while you still have chance
My take is BoA will soon be filing as well when wise investors, and the ones to demand early will be the wise ones, start demanding their REMICs and MBS’s to be made good by the crooks. .
Folks – that’s why BAC wants your home and have stooped to fraud, forgery, lying, and deceit to get it. Someone at BAC knows full well they’d better have the assets to back up those securities they sold or else their bubble will loudly burstfor decades. Fact is there is not enough assets in all the homes BAC has in its servicing to cover the fraud and deceit it may be guilty of, let alone that of Countrywide, whom it inherited.
The headslapping hasn’t even begun in comparison to what’s coming. I smell a bloodbath on both sides of the equation, the investor and the borrower, taking aim at these “servicers” like BAC.
If I were an investor, there’s no way I’d put a dime in any security offered by such a lying institution. If they’ll thoroughly screw the borrower as they’ve been proven to do, who do investors think they are as to be too insulated from a full shafting as well??
A very short post but also very interesting. Are you suggesting that BoA will soon file bankruptcy or that individual
disstressed homeowners file? And if the latter—do you see
trouble on the horizon in our ability to file for bankruptcy
as it pertains to BoA. Will the chance be lost in your opinion?
I am stating that if investors who bought those “empty box” securities (GOOGLE Kudlow and foreclosuregate) suddenly demand liquidation of their investments and the banks have nothing to return, there will be a LOT of headslapping failures and absent another trillion $ bailout, there will be bankruptcies.
I’d read an article that speculated there isn’t enough liquidable assets in the entire mortgage banking industry COMBINED to cover just BAC’s liabilities. With that extent of over-selling, it will be impossible to contain the effects say an en-masse 15-30 yr investment’s call to liquidate will have. Remember, banks depended upon these tradeoffs to either span the term of the mortgages sold/traded or be paid off and when investors demand repayment in large all at once and one after another investor is screwed, the banks are going to go tits-up.
Folks, there has been talk of homeowners who irresponsibly over-extended themselves, well look what these money-hungry con-artists did! and we – the US Taxpayer – get to bail them from the cracks! Those were supposed to be the financial “experts” and look what they’ve done!!
But that’s just my opinion.
my story is the same as everyone else on this site,i have been dealing w/BOA for a year now w/a loan modification & have made all the payments on time since then & got nothing but lies,lost paperwork,harrassment,ect. 3 weeks ago i got letter stating i did not qualify for the program & they want 10k & to keep paying my normal payments along w/a “notice of intent to foreclose” i then decided that all this was just to much to deal with & all the stress & anxiety was not worth it so i called BOA & told them that they won & i have no more fight left in me & they can have the house they seem to want so bad. i started selling everything & searching for an apartment,today i got a letter from BOA saying “thank you for fulfilling this commitment you are now up to date & current on your home loan payments & you can resume making your normal monthly payments”. what the hell is that all about! i’m @ the point now where i just don’t want to deal w/this evil empire any longer,what should i do!
Hello Fred,
I am sorry you are going through this. You did right by letting them have the house. At this point, BOA only wants your money to keep coming in until they foreclose on your house. They do not have any intentions to give any one a modification.
If we do what we would have done years ago and just moved on to repair our situation, there would be no BOA because they wouldn’t have any income and a million houses on their balance sheet that they could not do anything with. I am presently moving out of my house into a house that my church is renting out to get through this situation. Save the Stress everyone, we tried our best to do right.
ditto
Fred …
I hate to be the one to say it, but you’ve played right into their hands exactly as they’ve planned it. You’re in emotional meltdown. That’s what they want … along with your ignorance of Statutory Law and contracts. They want you to throw up your hands in disgust and walk away, so they can cash in.
Even putting up a fight or fuss is in their plan … they kick you up to the Office of the CEO and President, a fancy title for the “vice principal’s office” from high school. They just deal with you with a little more finesse, but the goal is the same … rob you blind … or is that “rob you homeless.”
We’ve all been there … that feeling like you’re a rabbit in the headlights darting from the edge of the road and back again.
What we realize now is that we all should have turned into nine foot tall sasquatches wielding .50 caliber machine guns … not shocked bunnies.
And, of course, I mean a .50 caliber lawsuit … no, make that a 105 millimeter howitzer lawsuit.
What you end up doing is naturally up to you … move-stay-move-stay-move-stay … but if you stay, prepare for a fight.
That’s what it’s been since Day One …
… despite the appearance of anything resembling “customer service.”
They want your house.
It’s up to you if you want to take them on.
If you do, click on “Previous Comments” in light blue at the top or bottom of this column and scan the previous page for my 16 point “getting started” list.
Unfortunately, you sound like you’re ready to pack it in. Fine for you, but I’m not just fighting for my “house,” I’m fighting for the only home I’ve known for sixteen years. Where am I going to go? Why should I just let them have it? Why does some arrogant joker in some board room and a few of his flunkies and shysters get to decide they can just take it?
The paper you got in the mail is something I understand to be one of those automatic things … but it’s a legal document and you can hold them to it.
Note the word “hold.” In this situation that means throwing every legal option you have in a vicious, clawing, fur-flying, teeth-snarling dog fight.
They chose it, not us. From me, that’s what they’re getting.
Conveniently after my atty presented Bofa with a demand letter stating that he wants the contract upheld that they sent me in July, and later claimed didn’t exist, forcing me to file bankruptcy, only to have it discharged, I got a call from the “hope team”. Seperate help line that is supposed to oversee the banks and paperwork. He called me Monday (holiday) and said I have some GREAT NEWS for you! You were approved for a loan modification on Oct 8th. Our escalation team got you approved. I replied, I have a modification, dated July, and I want that one upheld. He then read me the email that had the mod, and GUESS WHAT………same EXACT modification, with a different date. He told me I’d be getting the paperwork in the mail to sign. It still hasn’t come. After notifying my atty, he said perfect, it’s just more admission to their ignorance, and proof of them screwing up the paperwork. AMAZING! I just hope they actually send me the contract with the new date, because I don’t know any person or judge that wouldn’t have a field day with this one. I’ll keep praying, but God willing, my nightmare and fight with them is coming to an end. They have until Nov 3rd to respond to my demand letter, and if not the lawsuit is written, and ready to be filed. Wish me luck. I will fight this fight for everyone!
keep filing bankruptcy
I have sent the RESPA letter and they did respond…but many things are missing or not answered or were not sent at all, I have found many discrepencies, blatant lies, numbers being changed to fit the banks needs, yes I can now prove many many things I have suspected all along, as well as the clearly showing by my escrow transactional history that I am in the hamp program even though I was denied I went into my online mortgage account 4 days ago and started printing anything and everything relating to my mortgage, today I went in to look at it again to make sure I had not forgotten to print anything and now they have gone in and deleted items and changed numbers around to fit what the bank wants things to reflect on their end,,,only problem with this is I have copies stating otherwise not from just 4 days ago but from previous months as well. FYI they have changed and updated their mortgage webite just about the same time they halted foreclosures…every one of you need to go online print everything you can and compare it to what you have, crunch numbers and I bet you will find they don’t always add up but never will it be in your favor it will always directly benefit the bank…I do believe I have alot of what I need to be able to prove what they have done and successfully sue them. Just one fact I found alone I believe can make them accountable…and that is the fact that they clearly show me what my house payment is and what my trial payments are, my trial payment is $2.00 a month more then my original payment yes you read that correctly my trial payment is only $2.00 more then regular mortgage , and they show escrow amounts that are due. But then for 1 month and only 1 month n February which just happens to be the 1st month of my trial payments they go into my history and change my origanal payment by a couple of dollars more so that they now can show my trial payment is less the regular payment therfor they can then send my trial payment over to the unapplied total balance and not apply it until they have 1 full payment, just another way for them to keep us behind, that is not even all they then charge me for the regular payment P&I and my escrow payment is paying applied at the regular payment and not the upped payment they created, my transactional history as well as my escrow accounts clearly prove this. Also to the perdon who posted above about printing off your workout statement I was in fact able to do this as well and it clearly says I was approved for loan on 5/3/2010, yet they denied me in6/2010. Qustion every thing and every penny in and out of your account…I think the bank truly inderestimated me and at what lengths I will go to , to prove their fraud . I also have concrete proof that they have altered my transactional history and can absolutely prove . I am now amending my RESPA letter as they perjured them selves and did not completely comply with what I asked for. Als do you have copies of your trial papers specifically that last page with the big official seal on it that talks about all the trouble you can be in for perjury, mail fraud, wire fraud and ,misrepresentation? Look at it if we have to comply and be accountable to those law does the bank not have to be as well? Yes they have perjured them selves to me, they have commited mail fraud by altering my documents and sending them in the mail and the have commited wire fraud by the illegal activity in and out of my mortgage account….If I have forgotten anything I will post again…Good luck to each and everyone of you. Michelle
Michelle …
You sound very upset.
I can’t blame you.
If they didn’t answer ALL of your RESPA/TILA questions, they are in violation of the Act (statutes). If you have proof of manipulation, misrepresentation or fraud, go to a lawyer.
But also REPORT their response to the people you copied your letter to. Keep nothing hidden. Make as much as possible public, or in the eyes of these other agencies or authorities. Make sure it gets into their record. Tell THEM more than you’re telling us.
It’s fine for you to vent here (we all do), and it’s great that you’re sharing, but save your energy and time to tell your story to people who are responsible for doing something about it.
These are REGULATED banks. That means people are directly, personally responsible for doing what they’re LEGISLATED to do … that means not break laws or rules, or ignore them. It’s ENFORCEMENT we should be concentrating on, and informing the people who are responsible for that enforcement.
They are attempting to FORCE us out of our homes … literally at gunpoint when the Sheriff shows up with one on his hip. We ALREADY have enFORCEment working for us in the political structure, legislation, courts and Federal agency rules. Don’t forget to keep the enFORCEers accountable as well as the banks.
I’d like to see a few of those armed hips show up at THEIR doorsteps.
michell go ahead and talk to bankruptcy attorney…before its to late.like i said up from here i did not and see what happened to me
deleon—
What’s coming down the road that will make it too late to file
for bankruptcy—an impending foreclosure sale date or some
new sneaky bill that none of us but a few know about?
Bob …
Keep in mind that these people are capable of ANYTHING, including “sneaky bills.” Remember, they’ve legalized “fiat money,” which is created out of thin air … nothing … at the stroke of a keyboard … and make it OUR debt, not theirs.
This is not some conspiratorialist’s rant … this is REAL.
There’s been regrets expressed by dozens of prominent people who contributed to the point where we are today …
One was our own President, Woodrow Wilson, who signed the Federal Reserve Act into law in 1913. he wrote …
“I am a most unhappy man. I have unwittingly ruined my country. A great industrial nation is controlled by its system of credit. Our system of credit is concentrated. The growth of the nation, therefore, and all our activities are in the hands of a few men. We have come to be one of the worst ruled, one of the most completely controlled and dominated Governments in the civilized world no longer a Government by free opinion, no longer a Government by conviction and the vote of the majority, but a Government by the opinion and duress of a small group of dominant men.”
THIS IS REAL.
They want everything you own …
… but worse than that …
… they want everything you’ll EVER EARN.
This beast has to be stopped dead in its tracks NOW.
Awareness of the facts by EVERYONE, not just the victims of this modification scam is ESSENTIAL.
BAC offers bribes to its title insurer!
timandjulieharris.com/2010/10/11/foreclosure-moratorium-ending-this-week-bank-of-america-robo-signer-fiasco/
“Bank of America’s agreement with Jacksonville, Florida- based Fidelity National calls for the lender to cover the title insurer’s costs in the event of an error in the company’s processing of foreclosure documents, Sadowski said. The bank will notify the insurer in each case that the foreclosure complies with state laws and regulations.”
Is BAC paying off its title insurer to cover up their massive mortgage fiasco?
Hello again, Family.
It’s been awhile since I have posted, but I have read most all of the complaints. You all are doing a great job supporting each other and posting important information regarding the fraud and illegal activity of BoA.
Just a quick pointer, if you are facing foreclosure and/or feel that you may be facing foreclosure in the near future, file an emergency preliminary injunction with the state court. It can be done without an attorney, it is fairly easy to do, the elements that need to be met for such an award are extremely suitable for cases as these, and it will buy you time. This applies to those who live in non-judicial states, or states where the bank does not need a court order to foreclose on your home.
I just assisted a Georgia homeowner in filing one on his own emergency petition. We are hopeful that it will be granted. If I have time, I can provide assistance in filing if you need it.
Good luck and keep your heads up!
After reading these comments and reading the class action suit, I don’t think there is much hope that I will receive a modification. My property is set to be auctioned off on Nov. 24th, 2010. I have 15 months of a detailed journal of communication with Bank of America. We “submitted” documents 8 times. Still no modification. I live in Oregon and can not get any attorney to help file, to stop the foreclosure. Oregon passed a law in 2008 that states: you must be provided with a “notice of home loss danger”, at the same time or before the required notification of foreclosure. We NEVER received that. Also that you can request a modification, (my first request was sent in March of this year), and that the lender has 45 days to let you know whether you qualify. ALSO, the lender cannot foreclose, if it has not responded to you with in the 45 days required by law. No one, even the Attorney Generals Office will make a move to help enforce the law! If anyone out there can help please contact me at the following email: yepekyadeo@yahoo.com I WANT TO FILE A CLASS ACTION SUIT can anyone help????
“They think they’re doing the right thing,” is something I said earlier.
youtube.com/watch?v=0qAuqq1LFnU&feature=player_embedded#!
These are the people you’re dealing with.
Can you say “sick”?
“… and we’ll make lots of money, forever I can sing, about trusting in teamwork, and doing the right thing. We’ll live out our core values while the competition crawls, because they want what we have got, but it’s only here, at Bank of America …”
They don’t just want money … they want it ALL.
I just stumbled across this …
video.google.com/videoplay?docid=-2550156453790090544#
If you have 45 minutes to spare, you should put it on your “Must Watch” list to help you understand what’s going on. It makes things very easy to understand.
There’s a “part 2” also … which is just as valuable, if not more so …
youtube.com/watch?v=_doYllBk5No
Lauren and N. Gray …
Please look at either the top or bottom of this column for “Previous Comments,” click to the Previous Page and scan down the page for my 16 point “getting started” list.
I know it may seem complicated, but that’s where we find ourselves.
The one thing to make VERY clear, is that there’s no class action suit simply to sign up for. You have to make one of your own, or join others in your State that are starting one. Suits are State-by-State since that’s where the contract law that governs these kinds of things are written. No suit currently exists on the Federal level.
N. Gray … You’ll need to let us know what State you’re from, neither do we have your email address. You can also look back through this blog, page-by-page and use the Search feature of your computer’s browser searching your State’s name, in case someone from your area posted and is looking for someone, too.
We are all the same here … victims of this situation sharing information and ideas. We’re happy to help where we can … but I have to forewarn you that the banks are not making this easy. You will have to work to save your home.
I apologize if I get this wrong N. Gray, but you sound like you went through or remember WWII. Unfortunately, I feel this is the beginning of World War Three … not against guns and death, but against financial death imposed by banks and a corrupt system.
We’ll have to roll up our sleeves, yet again, not to build weapons … but to build LAWSUITS.
For anyone in Florida … here’s one combat specialist that deserves the Congressional Medal of Honor (and yes I know the seriousness of that statement) …
http://www.msnbc.msn.com/id/28277420/
(Remus, I wouldn’t mind seeing you on that podium either).
Folks …
I don’t want to make a difficult situation more confusing, but we all have to understand that this is a WORLD WIDE problem, not just a problem with our individual mortgages. Yes, I’m with you on how personal it is. It’s personal to me, too. They want MY home.
But this is an OLD problem that needs to be fixed NOW … with lawsuit after lawsuit after lawsuit … simply because the lawsuit is the ONLY thing these people respond to.
Even people who have RUN the system have openly admitted what they do. Quoting someone who lived and ran the banking system in another country more than 70 years ago might not seem in any way important to you and your situation today, but it IS, simply by the fact that very the SAME system is why you’re IN this in the first place.
The second richest man in England was killed in WWII during The London Blitz, Germany’s bombing of innocent civilians, along with his wife and oldest son, on April 16, 1941. Rumor has it he was too arrogant to bother with an air raid shelter.
EVEN HE was quoted as saying …
“Banking was conceived in iniquity and was born in sin. The Bankers own the earth. Take it away from them, but leave them the power to create deposits, and with the flick of the pen they will create enough deposits to buy it back again.
However, take it away from them, and all the great fortunes like mine will disappear and they ought to disappear, for this would be a happier and better world to live in. But, if you wish to remain the slaves of Bankers and pay the cost of your own slavery, let them continue to create deposits.”
This HAS to end NOW.
SUE.
don s if you are really trying to help call me 704-524-1098 i have an attorney to take an allstates class action.i worked for BOA years ago in the lending dept. thats how i know things
Deleon …
Interesting that after all I’ve typed. there would even be a question.
Anyway …
I’d be thrilled to talk to your attorney. Feel free to email his/her contact info at donsweet@verizon.net.
As for what I feel you might consider doing, I’ll put it in one word …
“Testify.”
Appears to me that some people on here are not what they seem to be Mr. Sonald S. might be questionable
Happy to answer anyone’s questions Jeff.
There’s only one minor stipulation, though.
If you ask any legitimate, experienced military man/woman … or even lawyer (there’s not that much difference) … you never reveal your battle plan (completely) to the opposing force … until you smack him with it.
Never give them time or the excuse to prepare. Keep them guessing.
All that includes knowing who you’re talking to … so things like “strategy” are only known to the people who need to know.
Who are YOU? Do YOU need to know?
What this illustrates is how THEY play the game. Unfortunately, we have to get down into the dirt of Statutory Law WITH them … using obfuscation and misdirection.
The difference, however, is in us using Statutory Law to determine RIGHT and WRONG … NOT win or lose.
We’ve let them play their manipulative little games for several decades (a couple of centuries, really), and now it’s time to say “NO,” using their own laws against them.
They can’t hide from that.
Don,
Have you filed suit on Bofa yet? I don’t want to say too much on here, because you just never know, but my attorney has formally served papers on Bofa on Oct. 3’rd. They have until November 3’rd to respond to our claims. My attorney feels they are too arrogant, and big to even bother, but he is giving them a one week grace period. The lawsuit is drawn up, and ready to be filed in superior court, if they do not respond. He has 14 charges against them, and I have proof to back of every one of them. I should feel a little more at ease than I do, but given the fact that this system is so messed up, I don’t have faith in the legal system. I just hope I get a judge that has a family member that may be going through this same unfortunate hell, so that he is sympathetic, and can start to make an examle out of bofa. If you would like to know the charges that are filed email directly. neautomation@comcast.net And keep fighting and sueing!
All,
Let’s get something straight. Stop trying to join a Class Action Law Suit. You are putting all your eggs in one basket! You need to file separately! Trust me it works.
Good Luck
Jeff. agreed ! I believe I read somewhere, that a class action gathers a bunch of flies together that bofa can kill off with one swat of the fly swatter, but if a buch of flies continue to buzz around, and they are everywhere, it’s going to take alot more than one fly swatter to get rid of us, and give them a lot more headaches… And that’s what we have to be “pests” so to speak ! WE WON”T GO AWAY without a fight! I know I won’t !
I just wanted to say that my story resembles everyone elses. I would like to know if there is anyone out there in the State of Virginia with a class action law suit against BofA if not how many Virginians would like to file a class action lawsuit against them? Does anyone know of an attorney that might be willing to take on a class action lawsuit against BofA like the one in Washington State?
In Virginia call 703-277-9774.
I ain’t saying “I told you so” in just so many words, but I’m not the only observing the LONG tunnel of trouble ahead for big banks…and their chances for bankruptcy.
“The mortgages which the banks are holding on their books as income-producing assets at full face value are in effect either worthless or depreciated to some significant but unknown degree. If this fact were reflected in their balance sheets, all the big banks would all be insolvent.….
If state laws are upheld, then the “too big to fail” banks are insolvent and they will fail.”
http://www.whatamimissinghere.com/2010/10/18/the-coming-collapse-of-the-real-estate-market/
Keith …
I read it, and other articles linked to it, not that I really have the time, but I did it anyway. We should all get honorary degrees from some university when this is all over.
My favorite word used was “Kleptocracy.”
Yep, that’s about the size of it.
I looked at more abbreviated versions, but Wiki has a nice long one …
Kleptocracy, alternatively cleptocracy or kleptarchy, from Greek: κλέπτης (thieve) and κράτος (rule), is a term applied to a government that takes advantage of governmental corruption to extend the personal wealth and political power of government officials and the ruling class (collectively, kleptocrats), via the embezzlement of state funds at the expense of the wider population, sometimes without even the pretense of honest service. The term means “rule by thieves”. Not an “official” form of government (such as democracy, republic, monarchy, theocracy) the term is a pejorative for governments perceived to have a particularly severe and systemic problem with the selfish misappropriation of public funds by those in power.
OK folks. First I want to thank everyone who posts here! This site has really helped me in my fight against B of A. Also HELP others .
Because of this site I have learned that “I”, myself personally, can file a lawsuit against B of A. I do not initially need an attorney to do this. I am in the process right now of getting the filing started and completed, then I will take it to the courthouse and file for an “Immediate Temporary Injunction”.
I spoke to a B of A rep. this AM and was told that they HAVE NOT SUSPENDED the foreclosure of my property and still have it scheduled for auction on Nov. 24th. So much for the headlines in the paper that B of A has suspended all foreclosures temporarily….. As previously stated by others: DO NOT BELIEVE A THING THAT THEY TELL YOU!!!
As soon as I have my filing I will make it available to everyone who wants to file their own lawsuit against B of A, or any other predatory lender.
Now folks, I am a 61 year old woman who has never done this before but if I can do it so can you! I will personally help anyone who wants to stop the foreclosure of their home, by sharing my documents and information.
You can email me at: yepekyadeo@yahoo.com
Also look at the 16 point getting started list that Don S. has available. You must document everything.
Also go online, B of A has all your communications and other pertinent info available for you. Until they figure out that it can hurt them, then it will disappear. So go now!
There are others on your side lets beat them!!!
Breaking News: BoA to resume foreclosures in 23 states.
Those states are:
Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Nebraska, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Vermont and Wisconsin
Anyone in any of those States …
Again, I’m no lawyer, but I’d get my RESPA/TILA letter in the mail right away.
You can also cite the fact that their 60 day statutory fulfillment of the Qualified Written Request (QWR) gives you a “de facto extension” on your loan mod or foreclosure. If you’re in review, or they are in the midst of satisfying the disclosure of the QWR, they can’t take your home.
Again, I’ll email you my raw copy, or see links in my 16 point list … now 2 pages back. You can also Google for information, instructions, dotGov web sites, explanations and more examples of a QWR … Google — “RESPA/TILA letter Qualified Written Request (QWR)” … any of those terms will bring it up.
New posts on my blog…check them out!
http://savvygal.tumblr.com/
Off with B of A’s Head!!!
Savvy
Savvy …
Caught up with your blog … great writing! … and your attitude is perfect. “Let them eat cake” as the saying goes.
Any one know of any suits being filed in Delaware? Or how to start one? Read any one of the stories here and you’ve read my ordeal also. Started mod process 6/2009. Finally after spending $2000 for an attorney I received an approval packet today 10/18/10 after they’ve tacked on 18k in fee’s, additional interest, etc. oh and they want all papers signed and sent back to them with a payment of $1300, twice the “trial payment”, by 10/25. Like I have an extra $1300 lying around after just paying them once already this month.
Well another 2 hours spend at the good ole BofA today. You see they will no longer post my payments at the bank I can only do it over the phone. Last month after 30 minutes of making my payment by phone. I was told I would have to pay an additional $10.50 for not making the payment at a branch (I was on the Branch phone at the time, darn if I’m going ot use up my minutes) so another 30 minutes later I had a confirmation number for the cancellation of the $10.50 charge and a new confirmation number for the second payment. 2 weeks ago I left my payment at the branch, and the bank rep told me he would put it through for me after he finds out whats going on with my mtg., I was soon contacted by a gal in CA who told me I had to go back to the bank, retrieve my bank check, deposit it to my acct, myself and call in the payment to her, myself. I tell you its’ maddening, completely maddening.
I’m the one who just wants my mortgage to go back to it’s original contract, (I called them to opt out, back in April, when I received my first payment which was increased by $600.00, I knew then they didn’t know what they were doing. (Or did they?) I’m one who has been verbally assured that I was opted out of the program as requested, only to continuously be bowled over and lied to. I have a bofa representative who was also told by their mtg department that I was opted out of the program and I would receive a letter with my new payment amount by the following week. This was 3 months ago.
I’m the one who was foolish enough to go along with the bank representative’s coaxing to apply for their Mortgage Modification Program. I was assured nothing would be done until I entered contract. Well surprise surprise, I did sign their trial period paperwork, but there was no contract or monthly payment on it and I was later told that I agreed to the new payment over the phone, they don’t send us paperwork for that they do it verbally (great way to do business, unreal)… who in their right mind would agree to a $1400.00 a month payment when their social security check is only $1600.00? I admit I’m disabled but not that disabled.
I assumed opting out meant back to original contract, another thing I guess they don’t have to disclose, but then again how can you disclose something when you yourself don’t know all that you should, after all this is only someones home. I asked the lady from CA what opting out meant or if they had a specifric procedure for my request in writing, and she didn’t have an answer, I guess she’s the most honest BofA person I have spoke too thus far. I there anyone out there familiar with opting out of this program or who has opted out of this program? Or can refer me to a website where opting out procedures/allowances might be?
I was specifically looking for something on opting out of the mortgage modification program and it’s procedures.
Carol …
Glancing back through posts, I see that no one ever posted an answer to your question. Probably like me, we’d have no idea of HOW to answer your question since few of us have considered opting out completely and resuming as if nothing happened.
Did you ever get information? Were you able to opt out and resume?
It’s likely even the banks don’t know how to opt you out. As has been “alleged,” both here and elsewhere, the snare is to get your home and profit from its sale. I can’t imagine they’d let go that easily.
I’m curious to hear how you’re doing.
I have been lied to, deceived in every way from B of A on behalf of Fannie Mae. Was told to stop paying my credit cards and pay mortgage. Then after ruining my excellent credit with credit card lenders, was told they could not modify or give any kind of help as I have not missed a payment or been late on a payment, and suggested I not pay my mortgage before they could even begin to consider me for a modification. My case went to the office of the President as I had written the Attorney General regarding Countrywide selling my personal information. This story goes on for at least a year and numerous times of filling paperwork for a mod only to keep getting lies and excuses. One last call from B of A followed by a letter to fill out paperwork for modification as they assured me they had a program for me and I was already pre-qualified and as I had just finished talking to the rep. that would be handling my mod I heard someone at my front door. I finished the conversation and was asked to fax all paperwork in for modification and hung up the phone and went to the door to find a notice taped to my door saying my home was going to sale at auction in 2 weeks!!!!!!
If there are any lawyers reading these and would like to help a person that has also had 3 operations in the last year and another one due on Dec. 3rd, I would like you to help me take EVERY LEGAL ACTION POSSIBLE against these lying, deceitful Banks and help me to take some action against them. They also knew I was having a hard enough time getting dressed, let alone having to move out of my home as they assured me that I qualified, and HOPE said I qualified and then the bank posts notice to sell home in 2 weeks just after another rep, called to help me modify!!
Please contact me if you can help me, I have proof of the injustice they have done to me and all the pain and harassment they put me through.
Everybody’s trying to get in on the act …
youtube.com/results?search_query=%22i+want+your+money%22&aq=f
went through all this bs .they had taken my house in jan of 2010. YOU NEED TO FILE BANKRUPTCY, DON AND moderators here cant help you, all the money you send to catch up and pay and an attorney who wont ever sue can be used for bankruptcy lawyer..all the moderators do is say sh.. like american dream is gone, big brother needs to pay that kind of bs does not keep house over your head.when they get through with you ,beliving what BOA says will do no good. you that have lost they skunked you 6 to 8 months right! they have got 3 mill in homes already.they are trying to make up 3 bill lost on new check card laws and fees they once collected .they knew there plans were going south business wise and would do so after bank notes went south from 2008 on .so they cooked up to buy notes from country wide
Gary …
I’m sorry to have to tell you, but almost none of the folks on here are lawyers. We’re almost all just like you, victims of this.
This is just a blog, a forum for us all to come together to share ideas, support each other and maybe gripe to someone sympathetic.
There is no law suit simply to sign up for. There is no parade of attorneys carefully watching their screens for the next client to save to come along.
Unfortunately, YOU have to take the reins of your situation. YOU have to make something happen.
I’m really very sorry to be so blunt, but this is the situation we find ourselves in. The banks have exhibited a classic symptom of the average, street-level con man … target the weak and the unknowing.
One thing you need to understand is the (alleged) fact that your experience, like ours, was planned, calculated, and implemented not unlike a military operation … with one goal in mind … to take your home.
The sad fact of the matter is that you have to take the lead to save it, learn about what you’ve gotten yourself into, and learn how to FIGHT to save it. You have to WORK to do that. There are no superheroes to save you. You have to be your own hero.
From my time on this blog, I’ve gathered a list of 16 points to help you get started, which I’ll repost below. You should also spend time scanning back over other people’s posts. Yes, I realize there’s nearly 1,500 of them, but part of the work is learning. There really isn’t much choice.
The banks count on your ignorance and your emotionalization. They’d prefer that you are clueless, get fed up, and simply move out so they can turn a profit on your property. After all, that’s what their stockholders demand, profit at any cost. Whether your credit is ruined and you’re in the street is of no consequence.
As far as someone contacting you, you didn’t leave contact information. As far as who might contact you, only one or two lawyers have posted here, and at great risk I might add. Whatever lawyer might take your case, YOU will have to find one in your State, since this is all about Contract Law, Statutory Law, and those are written State-by-State. There is currently no Federal lawsuit I’m aware of.
I’m no lawyer either, but it sounds to me like you need to file (YOU need to file) an “Immediate Temporary Injunction” which Lauren speaks of above. You should also probably send BofA a “Qualified Written Request” letter based on RESPA/TILA rules and statutes.
If this all sounds complicated … it is. That’s what the banks bank on … and literally profit from … them knowing and you not knowing. They are under no obligation to teach you Contract or Statutory Law, but they are under EVERY obligation to their board of directors and stockholders to PROFIT BY IT, regardless of how it might destroy your life.
Learn and hold them accountable. They are REGULATED bank, and regulated by laws and rules. Hold them to those rules. But also learn who enforces these laws and rules and hold THEM accountable, too. If the regulators aren’t regulating, what good are the regulations?
My 16 points are below. Your choice is fairly simple … move and give them exactly what they want, or learn and hold them accountable.
For any and all newcomers …
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. It’s also at the bottom of the posts.
1) If you haven’t made a journal/diary of your BOA experience start NOW. Record every instance every time it happens in detail. This is critical for a court case, but can also be helpful for Attorneys General and Agency complaints and for your politicians, should they get involved.
2) 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. Equally valuable as “1)”.
3) Call your State and Federal representatives, Congressman/woman, State Assemblyman/woman and inform them of your situation. Calling is preferred over emailing. It puts a human element into the contact. Ask for help. Don’t hesitate. It’s their job to oversee your community and the goings-on in it. It’s why you elected them. INSIST that they help you if they try to wiggle out of it. Mine were VERY cooperative and helpful.
4) 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 aid if you can’t. These are “contractual negotiations” that involve Statutory Law and a lawyer will navigate that best. Tempt them with the possibility of getting a piece of a class action suit.
5) Call the Hope Hotline 877-300-5454 or Money Management International direct 888-881-7558. Use MMI (or a similar NON-profit) 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.
6) 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.
7) 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 and regulatory agencies. It’s your “good will” that you’re willing to work it out.
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.
9) 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.
10) File a complaint with your State Attorney General and the OCC (http://www.occ.treas.gov/customer.htm). Research your State and complain to any applicable agency. Be sure not to “rant” and provide information in the form and with the content they request.
11) Contact your telephone company and request call records to and from BofA, or get all your calls and highlight them. Add that to your package of evidence.
12) Compose a letter asking news agencies to look into this problem. Describe your situation BRIEFLY, then forward it to every news program and news agency you can think of. There are lists of contacts throughout this blog. Key Point: News people are a bit “legalistic” in covering stories and require documentation and facts. Although they respond to emotional pleas, they will likely ignore incoherent rants, finger-pointing and unproven accusations. Be factual in your letters. The emotions will come across even if you try not to.
13) Learn about, compose and send a RESPA qualified letter to the bank and other regulatory agencies, and include anyone (politicians) who might be monitoring your case. The Federal government REQUIRES banks to provide you with DETAILED information on your mortgage.
RESPA is explained on these two government sites –
http://www.hud.gov/offices/hsg/rmra/res/reslettr.cfm
http://www.ftc.gov/bcp/edu/pubs/consumer/homes/rea10.shtm
Samples of letters can be seen (copied) here –
http://www.nololawlibrary.com/foreclosure/7-2d.shtml
foreclosureindustry.com/2009/08/qualified-written-requests-respa-and-mortgage-servicing/
http://www.scribd.com/doc/11903044/Respa-Letter
Insert your personal information, rewrite the opening paragraph(s) to describe your personal concerns, and customize the “demands” to your own case, preferably with the help of a lawyer.
DO NOT send via email, and use the Postal Service, registered mail, return receipt requested. Copy all related people/parties the same way.
14) 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.
15) One other thing has emerged … try to get over any embarrassment. For most people, this is not your fault. You have no control over the financial environment and you are merely exercising your rights. In fact, you should be BOLD about exercising them. Don’t let anyone convince you that “you were just asking for it.”
16) Consider stretching your budget to file an INDIVIDUAL lawsuit, rather than being lumped in with a class action. Jamming up a bank’s legal department with multiple suits is far more effective than allowing them to combat one class action. A class action puts you in a barrel with all the other fish.
But if you can’t file individually, keep in touch with people in your State. You can’t simply “put-your-name-on-a-list”. It’s not that easy. You have to work to FORM a class action suit. For the moment, no Federal class action exists and they MUST be State-by-State. Band together and hunt hard for an attorney who will take it on.
Hello Don,
Thank you for your list..I am wondering something and welcome any comments. We have been in the Loan Mod program paying the lower amount since Feb 2010. Twice they gave bogus reasons for not approving the Mod 1.insufficient documentation (untrue) 2. “Investor” does not participate in Loan Mod (WHAT!), FedEx just delivered a “You have been qualified for a Loan Mod Freddie Mac. The terms are good – 2% first 5 yrs. The problem we see is that we “admit” we are in default and we aren’t, except for the difference for 5 months. Could it be possible that this could go through?? After all that is written in this blog..we may be signing our house away! We just wanted a “little” help. By the way, the same day of Fed Ex delivery, on the phone a rep told be she wanted us to reapply for the first “Making homes affordable” program…Holy Cow!!!! It is like their computer systems do not connect to know that someone somewhere decided to send a contract for us to sign!! We are considering “getting current” and get out. Did you experience anything like this??
Curious-
I also just received the “Freddie Mac Backup Mod”, took it to my attorney right away. He says it looks pretty good. The biggest concern is it says nothing about cleaning up the bad credit report. From my conversations with other lenders, I can’t get another bank to even look at us because of the bad reporting BoA has placed on our credit report. Don’t know if it helps you any but 2% for 5yrs is better than my 3.75%! Good Luck!
BTW- Your absolutely right! The Right hand has NO clue what the Left is doing!
I was granted a loan modification in December 2009 from Bank of America however, I was going through a divorce at the time and the ex-husband would not sign a quit claim deed. He wanted the house to foreclose. I was notified that the house was being sold on the courthouse steps 2/2/10 so I had no choice but to move out and rent. I was able to get him to agree to a short sale. Had two good offers on the house in 1 week. Bank of America turned them both down. Now the mortgage is still open, house in empty and sitting uninsured.
I’ve posted a few times in the past few months but mostly i read every response and use your suggestions.
I’m a single mom fighting to keep my house. I’m two months behind on payment, but still making it every month even through 80% of my income goes to BOA. I have a balloon Arm Loan and the payments increase every year
I talked to the local new station the other day, they did a local story on BOA.
Yesterday the CEO office called me and is investigating my loan- she said she got my number from the Oregon department of justice since i filed a complaint. She is investigating my case and will call me back tomorrow. Anyone have this experience?
Also, i have a loan negotiator now, she is my go to person and is handling all my paper work (even though i had to fill it out all over again for the 5th time) i got her 3 weeks ago after having my HUD counselor at a non profit agency emasculate my case.
Ive contacted attorneys for the class action lawsuit, my local news, the department of justice, senators, i even called the CEO number and pressed extensions until i got someone to help me.
I’m going to keep fighting and keep calling, writing and being loud about how they are treating me.
Thanks to everyone who has shared stories, this has helped me be stronger and know who to contact in this fight.
How can bankruptcy save your home? We are in Michigan and are now 20 months behind. We were told be 2 lawyers that bankruptcy would not save our home. Unless maybe we paid almost double in payments! We are still trying for a modification. BOA says they we are still in process. We were with Countrywide. This whole process for the past 3+ years is a joke. We look back and see how we were misguided through the whole housing/mortgage process over the past 16 years. What saddens me are the lives lost due to this mess. I am living on the edge of my seat. I am not sure where to go next. Hope Now no help, Greenpath through Franny Mae is no help. Realtors at my door wanting to do a deed in lieu or short sale. UGH!!
If you were with Countrywide, you have a tremendous probability your transaction included MERS as beneficiary, probably the biggest failure of the mortgage industry’s contraptions in banking history, falling right next to selling mirages for camels.
This is my opinion, what I’ve done..
File your RESPA, file it NOW, get a date confirmation, get them on notice they will be demanded to produce the blue-inked Note if they proceed with any hostile action taken against you. They WILL produce documents, but if you wait until they find they have no legitimate Note, they’ll file for a Lost Instrument replacement and courts will accept that one as true. If they file for replacement after you file your RESPA, they’ve committed fraud. Demand them produce a legitimate paper trail. Make them explain everything. That said….
It is my LONE suspicion these mod aps are so fouled up, postponed, denied, and conceived in so many layers of fraud because banks don’t have the legal paperwork to modify, let alone back the securities they sold, and are now doing bend-over ankle-grabs to forge documents thinking their getting the properties in hand via fraudulent foreclosures will somehow, once again, securitize the investment side of the mortgage industry blunder – the MBS and the REMIC’s.
Trouble is now your property title may be forever screwed up – even if you ever manage to satisfy the Note. Banks have caused irreparable harm to thousands of property owners who entrusted them to keep their interests safe, and they failed. Lawsuits are justified in that regard. They seriously compromised their position as “TRUSTEE”.
Watch bank stocks as they fall. When the investor’s side begins to shiver and dry up, bank stocks decline, the banks will fail, and right now, you’d be hard-pressed to get any investor to purchase MBS’s. The US Treasury is the ONLY one making those MBS purchases at the moment, and it tells me volumes.
It tells me it’s a sure sign the government is the only investor-side crutch on which banks are now being supported. It tells me it’s either the Treasury purchase those notes to keep banks solvent or print more money and come out with TARP II, and I think public knowledge of the fraud and deceit of banks may halt any remake of that program.
Banks have screwed themselves for decades, can NEVER regain the trust they’ve squandered, unless they follow DELEON’s advice and file bankruptcy now and start again. All those sold securities are backed by the anticipated years of mortgage payment receipts or Note pay-off’s and that helps defray the occasional investor who wants to liquidate. If those fearful investors suddenly, en-masse, begin to demand their investments liquidated because they’re finding they were defrauded, you can say, “Bye bye, bank!”? And they will make that demand soon or face a total loss of investments..
BTW, REMIC is a scramble of the word “CRIME” and both seem to serve the same function.
I might not be the sharpest knife in the drawer, but I can read the writing on the Wall (Street Journal).
BY DAN FITZPATRICK
“Bank of America Corp. and some of its largest mortgage investors clashed on Tuesday as the bank vowed to fight government-backed demands that it repurchase loans that allegedly didn’t meet underwriting guidelines and other promises.
The bank acknowledged receiving a Monday letter from investors alleging that a Bank of America unit didn’t properly service 115 bond deals. The investors include Freddie Mac, the government-owned mortgage company. Freddie Mac and Fannie Mae, its larger sibling, have boosted demands on lenders over the past year to buy back defaulted loans that had been sold to and guaranteed by the mortgage titans.”
(emphasis mine)
online.wsj.com/article/SB10001424052702304510704575561763244413610.html?mod=WSJ_newsreel_business
These are government investors demanding their paper made good. Private investors will be lining up as well.
It’s happening folks….the hull of Titanic has been compromised.
Forgot this important piece of the article!
OCTOBER 20, 2010.
BofA Resists Rebuying Bad Loans
Bank Posts $7.3 Billion Third-Quarter Loss as Fee Revenue Tumbles; Effects of Regulatory Overhaul
DO NOT do a short sale! You will be held responsible for the difference “FOREVER” .There was a deal struck, with the powers that be, that exempts you from being done with the debt in 10 years! It is a lifetime debt just like alimony.
File a RESPA ASAP! Do it by certified mail not email. It will buy you sometime. A chapter 13 is reorganization and you will have to go back to the original payment, plus the arrear-age will be spread over the next 5 years. Send me your email and I will share info. as I get it.
Some articles on bankruptcy …
http://www.smartmoney.com/personal-finance/debt/understanding-the-bankruptcy-rules-15647/
http://www.nolo.com/legal-encyclopedia/article-29631.html
http://www.moranlaw.net/house_after_bankruptcy.htm
and
http://www.moranlaw.net/foreclosure.htm
This one’s from the FTC on general information for troubled mortgages …
http://www.ftc.gov/bcp/edu/pubs/consumer/homes/rea04.shtm
This one’s on a New York State bankruptcy case that speaks of MERS, a RESPA/TILA “Produce the Note” letter, and an “extinguished” mortgage debt, but I can’t imagine the size of the legal fees and time it took to get there …
http://firedoglake.com/2009/10/27/ny-bankruptcy-court-wipes-out-mers-registered-mortgage-new-trend-in-foreclosures/
One more piece of news on BAC:
http://online.wsj.com/article/SB10001424052702303496104575560631525396578.html?mod=WSJ_hp_mostpop_read
“Given legal hurdles facing private investors, no one is quite sure how this will play out. One hedge fund that is “short” Bank of America’s stock, Branch Hill Capital, has argued the bank could face total repurchase-related losses of nearly $60 billion in today’s money.
That strikes many as way too high. But with Bank of America’s stock trading at about half its second-quarter book value, the onus is on it to prove the naysayers wrong.”
That means key BAC stockholders have lost a chunk of money and it it’s gonna get worse before any better comes. I can imagine the ulcers are beginning to form within BAC management’s innards. A question directed to them comes to mind..
“What keeps you awake at night???”
Would y’all want to buy bank stock at >$2/share? Hang on!!!
This is what Sheriffs all over the country should be doing …
cnbc.com/id/39745284
Keith … Would you pass the popcorn please?
I’ll be happy to!
BAC will be seeing the lawsuits heaping up from both sides of the mortgage equation – reminding me of an event a friend of mine said happened when he was in Vietnam. He said one night this radio call came in from a spotter AC calling for mortar fire on the AA installations firing on him. He said the radio ground crew asked the pilot where he was and the reply was, “You see where all the tracers are coming together? that’s where I am!”
There are a lot of tracers intersecting at BAC and the ammunitions depot hasn’t even begun to deplete.
I did a rough calculation on the potential for $60B in repurchase demands let at their posted 3Q losses of $7.3B per quarter. That’s a full two years (or more) of BAC not making one dime!
IIRC, as they lose money, the available reserves for losses decline, which lengthens the term they will be suffering from their blunders. Someone correct me if I’m wrong on that, but if it’s true, the effects are going to be long term and DEEP.
I noted how they tried to cover over their 3Q losses by accentuating their income. They stated something like if they hadn’t lost $10B they’d have made $3.7B, or “WOULD HAVE BEEN AN INCOME OF” 27 cents a share. What’d the shares LOSE??
That’s like saying you made $1000 last month, never mind the fact you have a $3k in payments due! I guess they’re saying it’s not as bad as it could have been.
In my mind, I can smell the popper heating now…
I filed complaint with the Office of the Comptroller of the US in Washington DC. YES, a so called rep from the CEO’s office called me back and I had to fax everyting to her now (7th time and bofa still said doesn’t have it} and yes a loan negotiator was assigned his name is devin and he called me one time on 09-08-10 and said trying to post pone sale date and give him 2 weeks. He has never returned a phone call and no one else can access information but him. Then got letter from so called Ceo Rep that said referred to loan negatior and she was through with it and she sent copy to OCC. I replied certified mail nothing accomplished modification still not complete and negotiator never returns calls. I have had no response and that was 5 weeks ago.
The Atty General of La. Said not sure bofa did anything wrong this is just hype so they represent no one in the state with problem.
so to shanna do not get to excited because the person from the vp;s office called it is another smoke screen to buy them time to take your home.
If anyone knows of atty in louisiana taking cases please let me know
well feds are going to investigate fraud as of 10-19-2010 on banks BOA will be biggest.will we get property back? rode by my old place tue. lol looks good.HELLOOOOO anybody out there as in lawyers
New Home Foreclosure Rules for New York State
http://blogs.wsj.com/metropolis/2010/10/20/new-home-foreclosure-rules-for-new-york-state/
Note this:
“Bank of America Corp. has said it will be resubmitting foreclosure documents next week in 23 states where courts must approve the process. The bank said an internal review of 102,000 cases found no underlying problems.”
How many have confidence in BAC’s ability to perform a self-audit?
I have absoutley no confidence in BAC conducting any type of internal review. That is almost comical. It makes me laugh and cry at the same time, that they would even think a self-audit of their practices would be acceptable.
Yeah – if they’ve “reviewed” 102,000 cases in this short of timespan, I’m suspecting they’ve still employed Burger King, McDonalds, and WalMart employees to conduct the internal reviews.
“Hey Marti, look under that pile of paper over there and tell me if you see any problems lying under them…”
“Uh, like.. Nope. Just the table and it’s like sturdy…”
“Nope? Okay – no underlying problems with them there….”
I think Beavis and Butthead are doing the reviews. Matter of fact I think they were the ones signing off on the foreclosures.
Just a little insight,
Never fax anything to Bank of America. There is no proof that you sent it to them.
Send everything Certified mail.
It will help when you take them to court
Jeff,
Just to confirm what you wrote, if someone reading this doubts it, just ask for a specific, warm bodied, cold blooded, recipient’s name to whom you can address the fax and note the response you get. It’s crazy.
Some time ago, I spoke with a guy named Keith and he basically admitted there were incompetent employees taking faxes from the machine and that’s why he couldn’t/wouldn’t give me a recipient’s “name”. When I suggested it be addressed to him, he became irate and basically said I could send it or not, he didn’t care either way.
I’m relaying this to indicate the reply I got was totally opposite of what logic or reason would demand. With no name and an incompetent receiver, one could expect the documents to have a high probability of getting lost. Even the most stupid employee there ought be capable of determining where paperwork of a fax goes if there’s a name written on it in the “TO:” box.
It figures; the pieces are now fitting together to make an overall picture BAC can neither run nor hide from.
Even when you send it certified mail, they sometimes claim docs are missing; send it certified AND scan it in and email. Then, they can no longer claim anything is missing. Had 14 calls with B of A today and will blog tomorrow with all the sordid details.
http://savvygal.tumblr.com
Hmmmmm…..things are heating up in the BOA arena….
http://www.huliq.com/8738/mortgage-investors-move-closer-lawsuit-against-bank-america
Yep, I believe that’s $44B worth of repurchase demands made just this week, not including those already on demand from Mae & Mac.
Considering the charge-off of Q3, that’d be six months’ profit shot, gone up in smoke, whatever the term…
There’s real blood in the water now…..
“What keeps you awake at night???”
I usually walk out on blood and gore slasher movies. So far we’ve only seen the opening credits and there’s already blood in the water … but this isn’t a movie I’m walking out on. Just make sure the popcorn stays piled high, with plenty of butter.
Everybody send in their RESPA letters?
Don S–
I have seen several sample RESPA letters on various sites.
You may have commented on your preferred letter in a
previous post. Anyway–which RESPA ‘QWR’ have you
favored? Thanks. Bob
I AM A FORMER COUNTRYWIDE MORTGAGE CUSTOMER, DUE TO DEATH AND SERIOUS ILLINESS PLAGUING MY FAMILY HAD CAUSED THE INCOME TO DECLINE ,I REACHED OUT FOR HELP FROM B.O.A THEY DENIED ME AT FIRST AND TOLD ME I HAD TO BE 3 MONTHS BEHIND ,I CALLED THEM BACK AND THEY HAD ME TO SEND IN THE PAPER I’VE DID THAT THREE TIMES THEY KEPT TELLING ME MY MORTGAGE WAS IN REVIEW,WORKING OUT A SOLUTION , I CALLED THEM SOMETIMES (2 AND3) TIMES A MONTH THEY JUST KEPT GIVING ME HE RUNAROUND FROM (APRIL 09) THE WENT ON WITH THIS KIND OF BEHAVIOR UNTIL( JANUARY-2010 )WHEN I CONTACTED NACA ,B.O.A ASKED FOR MORE PAPER WORK I THEY STILL KEPT ME ON PINS AND NEEDLE ANOTHER SIX MONTHS,WHEN I FNALLY HEAR FROM THEM( JUNE 2010 THROUGH NACA THEY SAY I’M TO FAR BEHIND FOR THIS PROGRAM AND IF I COME UP WITH 15000.00 THEY MIGHT CONSIDER ( MIGHT ) CONSIDER ME FOR A LOAN MODIFICATION I HAVE WORKED VERY HARD OVER THE YEARS TO KEEP MY HOME I HAVE A GOOD JOB, I’VE WORKED THE SAME JOB FOR 27 YEARS HOW CAN THEY GET AWAY WITH BEING SO UNPROFESSIONAL . I WANT TO KEEP MY HOME IS THERE ANY REAL HELP OUT THERE ,THEY ARE ABOUT TO TAKE MY HOME,I HAVE BEEN TRYING TO GET SOME HELP FROM SOME OF EVERWHERE I WOULD LIKE TO BE APART OF THIS LAW SUIT AGAINST B.O.A I HAVE ALL THE DOCUMENTS TO PROVE MY HARDSHIP.THE COURT HAS ASSIGN ME A MEDIATION GROUP AND FROM WHAT I’M HEARING FROM THE ATTORNEY THAT WAS ASSIGNED TO ME IT IS HOPELESS IS THERE ANY ONE OUT THERE TO ADVICE ME ON MY SITUATION. SIGNED DESPERATE .
Keith Davis
I agree that Bank of America is employing incompetent people. However from a legal standpoint certified letter holds up in the court of law not a proof of a fax.
Ok so here is a good tip to follow when doing battle with Bank of America , when you fax your Doc’s at there request ,over and over and over and over and over again ,do what I do. Since I filed a complaint with the OCC ( BANKING COMMISION) I have a case number ,so you simply fax a copy to them and Bam ,they have a copy to follow up with and there fore they have a record of what your sending to the Maroons and BofA and trust me they will all the sudden have your stuff.It’s been working nicly for me ,I just faxed them a copy of my RESPA request before I sent it to BofA and I also certified it by mail with a signature request.No escaping this one and try and tell me they never got it. Power to the people , I hope BofA is now giving all there CEO’s and employee’s life jackets , because I think there ship is sinking real fast.
He,He,He,He
I just got off the phone with an (DON’T LAUGH) honest attorney. Yes there is one out there once in a while! OK, now since you’ve had a good laugh, he asked me to peruse this site: hampadmin.com
Click on “Home Aaffordable Modification Program”, then scroll down to; “Anything else”, highlighted in blue.
It says, “Bankruptcy judges will be able to modify loans – also known as cram down- judges will be able to reduce the principal on their loans and the value in excess of the new principal value will be treated as unsecured debit- if modification options are not successful in avoiding foreclosure.” Well unsecured debit is discharge-able in bankruptcy! So judges have the power to lower your payments folks! SEE A BANKRUPTCY ATTORNEY NOW to save your home!
Hi Lauren
Can you tell me what state your in am looking for a good attorney but it is really Hard am in CA .
Cammy
Cammy,
I am also in Los Angeles and have a few good attorneys—and can also tell you who to stay away from!
You can reach me at 323-309-7567.
Michelle
SEE TOLD U PEOPLE BANKRUPTCY…..DUH
Sheila …
I can see the panic in your post. I’m really sorry to hear you’re going through this, although not only is it also my story, it is for most people on this forum.
Near the top of this page, please see my post to Gary and the 16 point “getting started” list below it entitled “For any and all newcomers …”
I’ve tried to condense the conversations here and provide at least a basic understanding and starting point for newcomers.
We all feel the outrage. We’re turning that emotion into action, instead of simply letting it fester as emotion.
Love It! Wish I had known about it…I would have snuck in too!!!
read on! showdowninamerica.org/listen-up-banks#video
you people also need to get records from court house..they prove alot…when this shit goes south and BOA employees are summond to testifie..or indited…..the court houses are also to blame did they look at papers to see if it was filed right.when this can of worms opens on the federal level either heads will roll or it will be swept under the rug.like i said they never filed a writ of possesion on my property.i got home dec of 09 cupped hands and looked in throught the window and all my shit was gone the house was eneterd way before forclosure dates..some one at boa knows something…if they theoreticaly dont own it who does now, will they give it back….lol.see thats why you need to see your forclosure records..and have all copies
my origianal mortgage was with taylor bean & whitaker, they gave me a special forbearance agreement which lowered my payments for six months. i made my first payement, then the following month my loan gets transferred to BOA. well they claim they have no record of the agreement and i have to start all over again. in the past year i have applied 5 times because they can not find or received my paperwork.
i went to a HUD counselor for help, in june. i have written everywhere and filed complaints, (i took all the advice from this website)from FHA< HUD< NASA< RESPA<OBAMA<every email address i can find on the internet for someone at BOA<BBB<BANKING DEPT<EVERY NEWS CHANNEL…i dont know if it helped at all. but
yesterday i receieved a 3 month TRIAL modification… well it lowered my payments for the next 3 months… LETS SEE WHAT HAPPENS after the 3 months………..GOOD LUCK TO ALL OF US… and honestly i still do not trust them.im taking my docs to a lawyer to review.
Please sign me up for class action in Tennessee. Please, please. My eleven month saga has been as the others I have just read … promises, lies, lost documents, mysterious fees in the $1,000s, letters of Intent to Accelerate in 3 weeks, followed by verbal instructions to ignore those letters, denial, appeal, resending documents – again, weekly phone calls to them for status reports, and finally, four days ago I received my “Acceptance for Modification”, with over $8,000 in fees they cannot explain, and gave me 4 days to sign and return the agreement. I called 3 attorneys who all basically laughed at my plea for advice to signing this document, when I mentioned Bank of America. One even stated, “I wouldn’t believe that document! Would you?” … great confidence builder. The fourth was able to see me yesterday who reviewed my file, then shook her head saying, “I’m so sorry. There is nothing I can do. They have found a loophole and they can do this to people, I have seen it way too many times. Your best bet is to join a class action.” She advised if I don’t sign the agreement, they can say they “offered”, an option before taking my house. Keep in mind … I HAVE MADE EVERY PAMENT FOR MY HOME ON TIME OR EARLY FOR SEVEN YEARS, except the one BAC instructed me to skip in December 2009. I have never been late on any other loan or credit card payments, but I just discovered, MY CREDIT HAS BEEN RUINED due to BAC reporting me with late and missed payments. I now absolutely cannot refinance my loan elsewhere, as I found my credit now in the low 500s. I am in my 60’s, and really resent the precious years BAC has taken off my life in the last 11 months with their threats and lies and intimidation. It has been a horrendous nightmare, and it is not over yet.
Jody,
There is no simple “sign me up” that I know of. You have to find the suit and be fitted. You have to be proactive to keep your home. You have to show some teeth when you’re threatened.
Have you filed a RESPA demanding them explain the charges/fees and to disclose what documents they have and if those are legitimate? You need to be aware if they DID NOT MODIFY, your original contract documents are still the legal instrument governing their and your conduct. I don’t care how many notices of fee changes they publish, if it’s not expressly disclosed in the original doc’s, their charges are bogus – illegal. How can you tell if anything you signed modified your contract terms? THEY HAVE TO ANNUL THE ORIGINAL DOCUMENTS!
Know too that if they’ve screwed up the title to your property as they have untold how many others, I’d just put the payments in an escrow account at another bank and send them a copy of the deposit receipt, let them take it to court and prove the documents because otherwise you can never be sure you’ll ever own it free and clear. If they can’t prove the documents 100%, you at least have a legitimate challenge. If they can, you have the payments and interest at your disposal to fall back on to “reinstate”. Why continue paying “rent”? If they screwed up the chain of transfer, they’ve failed as Trustee, which is a de facto default on their behalf.
Not to be offering legal advice, but if it were me in that position with a 500 FICO and not much else to lose, I’d consult a bankruptcy attorney and probably file Ch 13. letting my attorney structure a repayment plan to include the mortgage I could be comfortable with. If the bank has the nerve to wrongfully trash credit ratings then get the most from the numbers while they’re low … As noted above, you WILL get a modification. The bank has little other option.
I would like to join the class action suit against Bank of America. My home mortgage was modified and I paid ALL payments on time and now they state that I failed to pay the modification and now my home is in foreclosure. This is outrageous!!! Please let me know what I need to do next.
M Orozco and Jody …
Further up on this page I’ve reposted a 16 point “getting started” list that might be helpful. You might also like to read the post to “Gary” above it for an understanding of what you’ve gotten yourself into.
Keith and many others are also making excellent points and providing terrific information.
The stark reality is the fact that this has become a war for the very roof over our heads, and it’s absolutely necessary that we take up the [legal] arms to wage this [legal] battle on our [literal] homefront.
Bob Mc …
When I read that the RESPA/TILA letter not only allowed me to request a full accounting, but required it by law, I thought to myself “every penny and every scrap of paper.”
Banks have proven themselves not to be trusted in the slightest beyond any reasonable doubt. (That’s an interesting statement since these banks are REGULATED to BE trustworthy by State and Federal agencies and Statutory law.)
Anyway, I settled on a 15 page version asking every question you could imagine, with very strong citations and statements about everything from their incompetence, which I contend is intentional, up to and including citing evidence of fraud and threatening suit. I also made sure to name names and cited the fact that the request had to be “attested” meaning the person verifying the information was subject to fines, professional censure and possible jail time for providing false information.
When I was deciding on a letter, I momentarily thought that such a gargantuan letter could be perceived by a court, should it go to suit (and it likely will), as “harassment” but quickly decided that the Mount Everest sized mountain of evidence undermining any level of trust of them actually DEMANDS “down-to-the-penny” and “every-scrap-of-paper.”
I’ll be happy to mail you a raw TXT file of the letter I used. I rewrote it to reflect my personal case and feelings and will include some additional paragraphs that may help that weren’t in the original. Email me at donsweet@verizon.net.
I got it from —
http://www.scribd.com/doc/11903044/Respa-Letter
Just to emphasize, I included a paragraph from the HAMP web site along with my crystal clear understanding of the ramifications it implies …
“I am forced to remind you of your statutorily mandated compliance by quoting a recent notification to HAMP loan servicers on the official HAMP web site:
____________________________
“Certification Prior to Foreclosure Sale
Recently, several large servicers have taken actions to temporarily suspend foreclosures in a number of states, pending review of their internal foreclosure procedures. Treasury wishes to remind you that, as a participant in the Making Home Affordable (MHA) program, you are required not only to comply with all applicable federal and state laws, but as described in Section 3.4.3 of Chapter II of the MHA Handbook, you are prohibited from conducting a foreclosure sale until you have issued a written certification to foreclosure counsel or the trustee, attesting that all loss mitigation options have been considered and exhausted for a potential Home Affordable Modification Program (HAMP)-eligible borrower. Further, you are required to have a written policy describing how your organization will implement this certification. Adherence to these requirements is subject to audit by Treasury’s compliance agent.”
Please consider the fact that I consider my HAMP application to have been processed in breach of contract, and consider any alleged decline invalid. This is in addition to the fact that I was never notified of an alleged decline, nor provided with information regarding the reasons for any alleged decline.
Please additionally consider the word “attesting,” which requires a living person to testify as to the truth of statements issued by Bank of America. Personal liability, including fines, professional censure and possible imprisonment, for false testimony may be applied, should such statements prove to be inaccurate, misrepresentations or fraudulent.
I will additionally remind you that one, single offer does not represent “that all loss mitigation options have been considered and exhausted,” and terminating negotiations and reinstituting Sheriff’s sale based on these challenges and requests is not grounds to declare the circumstance “exhausted.”
Consider this letter an official complaint about the accounting and servicing of my alleged mortgages, and that this letter is a “qualified written request” under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e).
______________________________
As Keith suggested, I’d like to see every drop of blood I can squeeze out of them staining the water. As far as I’m concerned, they started a “Scorched Earth” war, and I’m going to make sure it’s their [legal] bones and ashes that litter the battlefield, not mine.
Another day in the battlefield! First I want to say that while Class Action suits are good, they simply do not put enough pressure to get these major banks attention. If you don’t want to loose your house to these “ponzi” scheme banks then you must take personal action.
I am BROKE and I’ve managed to get a free consultation with a bankruptcy attorney. Also I have called over 30 attorneys and found one sympathetic to my case and he is going to file a civil action in my behalf.
This is my last home. I have no where else to go I have to FIGHT for it! That being said here is some information that could help you.
1. Check on the internet and see if you state has a “PROVE THE MORTGAGE LAW”. If it does the court will only uphold the banks position if they can PRODUCE the “ORIGINAL” blue ink signature version of the note. Now given the fact that most original paperwork is lost or been destroyed either the idiots that work at your bank or by MERS. You have a 100% chance of getting your home free and clear, if the bank can’t produce that ORIGINAL note.
2. The federal Govt. has given Federal Bankruptcy Judges the power to MODIFY your loan! Do not be afraid of bankruptcy. After I have my appt. with my bankruptcy attorney I will speak more on that. Go get a free session with a bankruptcy attorney and tell them YOU are aware that the judge can lower your mortgage. If the attorney doesn’t agree see another one until you find one that is not lazy and will go to bat for you.
PEOPLE RISE UP AGAINST THIS INJUSTICE!!!!
Don’s RESPA letter is the BEST I have seen .Get a copy from him and send it to your bank ASAP. Make sure you send it CERTIFIED, Return Receipt Requested, so that you have a signature of who signed for it.
This will force the bank into having to send you your ENTIRE paper trail on your loan. It really inundates them with work and ties up their personnel !!!!
Lauren–
I liked your recent post. I am like you in that I am fighting for
it. I had a question or two to ask: How is an easy way to go
about finding out about a ‘prove the mortgage law’ –say in
Texas? If we have such a law and BoA cannot come up with the
original note or it is tangled up with MERS–the idea that one
may get the house free and clear is a bold statement. Did your attorney tell you this? Last question: What state do you reside in? Thanks for your reply and best of luck. Bob Mc
Update on my personal experiences with State and Federal representatives …
So far, I’ve had excellent attention and cooperation from my State and Federal Representatives. Most recently, I got a call from Robert Casey’s office (D-PA), whom I’d copied with my RESPA letter. Not only was his case worker/advocate enthusiastic about helping, he inquired as to whether I’d filed an official complaint with the O.C.C. When I mentioned I wanted to but hadn’t found the time yet, he said the Senator’s office would FOR ME.
Imagine … the O.C.C. getting a complaint from one of the most powerful elected offices in the Federal government … a U.S. Senator.
To me, this has nothing to do with politics, but with what the political structure is SUPPOSED to do … look out for the interests of the average citizen. Mr. Casey is a second generation professional politician, which frankly, in a purely “political” discussion I wouldn’t care for.
But in this instance his office is exhibiting PRECISELY the behavior a representative “of the people” SHOULD, so I DON’T CARE about party affiliation or Liberal or Conservative arguments. In fact, I wish the two parties would simply shut the hell up and do their jobs representing citizens. We don’t need arguments, we need RESULTS … and holding powerful corporations AND the agencies and branches of government accountable for their actions is FAR more important than any other discussion of any other principles.
In order to help, your representatives will ask for a “Release” that you sign allowing them to speak for you. This is what I wrote in my Release —
A timeline of events from the initiation of the modification negotiation in late August 2009 to the beginning of August 2010 is attached. An updated timeline to present is available on request. More detailed recording of instances and events was initiated in August/September 2010 when it became apparent Bank of America’s actions could no longer be trusted.
You may note that the modification process was started with Countrywide, and was taken up by Bank of America (BAC). If anything, servicing became WORSE under BAC.
After being “escalated” to the “Office of the CEO/President” … [deleted, pending the filing of suit] … a third repeat of documents, openly admitted by BAC to have been lost… [deleted, pending the filing of suit] … all trial payments for all fourteen months of this modification negotiation’s duration were made in a timely fashion, mandated by BAC … [deleted, pending the filing of suit] …
Needless to say, no reasonable justification exists for such an outrageous demand for interest.
This is in addition to a clearly faulty and possibly fraudulent HAMP submission process, wherein I was denied a modification opportunity. I believe the process to have been in clear breach of the modification contract.
This is also in addition to the fact that BAC has displayed blatant, repetitive, rampant and systematic incompetence throughout the entire process. I am thoroughly convinced it is not incompetence, but a planned and implemented system, designed with the exclusive goal of coming into possession of my property, regardless of any initial trigger. I’m further convinced this is designed exclusively for the purpose of realizing unwarranted profit, without the slightest regard to their obligations as a regulated lender, or any consequences to my life or finances.
EVERY SINGLE DELAY that caused this process to be extended beyond the original ninety (90) days has been caused by BAC. Throughout the entire process I have exercised ALL DUE DILIGENCE, including complete and timely payment, as well as repeatedly providing “lost” documentation.
My confidence in this State and Federally regulated lender is completely eroded and I no longer trust a single fact they provide, figure they produce or utterance they make, other than sworn testimony and hard copy evidence demanded in the RESPA letter, including questioning their very right to foreclose through the production of a “wet ink” note and valid chain of transfer.
It is my hope that your office will assist me in acquiring the full accounting I am due by law, as well as hold BAC accountable for its actions by whatever means available.
As this has not yet entered litigation, the RESPA/TILA “Written Qualified Request” and complaint the Senator’s office received in copy, is the only “discovery” option a homeowner has outside of the full force discovery process of litigation.
BAC has proven itself beyond any level of trust, as is illustrated not only in my case, but in hundreds of thousands of virtually duplicate cases to mine, not only in Pennsylvania, but coast to coast.
It seems the recourse of the average citizen is not to trust in the institutions that are regulated by Federal and State agency rules and Statutory Law to be trustworthy, but to resort to the involvement of elected officials and State and Federal agencies to see that due process and ethical, legally mandated servicing is provided.
I can assure you I will defend my home, house and property with every ounce of strength from this undeniable assault.
I would hope the Senator would use every resource in his power to monitor this deteriorating situation, degrading daily, and hold this behemoth monster accountable for its widespread, systematic, wholly unacceptable actions against myself and thousands of other homeowners.
Any documents the Senator’s staff may require or desire to fully understand or process this case need only be requested.
I am in the State of WA and my story is an exact copy as to what I have been reading. I applied with BoA last September for a modification, was put on a 3-month trial period in February and here I sit 8-months later watching my excellent credit get torn apart because BOA is reporting that I am making partial payments. What I don’t understand is how this can be a partial payment when this is what I have been told to pay. Also, how can they report this to the credit bureau when they are the ones at fault. My trial period was over in April.
Anyways, what I am wondering is if there is a Class Action Lawsuit in WA. please provide me the information and also any suggestions on how to move BOA forward to finalize my modification please let me know.
Thanks,
Tammy
Yes–there is a class action suit underway in WA. It was filed
in Seattle in March of this year. Hundreds of plaintiffs have gotten onboard. One of the attorneys is a Steve Berman.
There are numerous links as this suit is fairly high profile. Try this site: seattlepi.com/local417333_mortgage24.html
Good luck.
Tammy …
You’re fortunate in the fact that this particular blog page is jam-packed with information about how to proceed, with many posts on people’s experiences on how they’ve moved forward. Please take the time to scan the posts, as well as back-tracking over previous pages to teach yourself about the situation you find yourself in.
Your trial payment question is an extremely relevant “legal” issue we’re all dealing with. So far, I haven’t seen a definitive answer. It will be interesting to see what a court holds … unless someone has already seen a suit pan out and there’s a precedent I’m not aware of.
One thing I’ve had to make clear once or twice is who I am on this blog.
I’m just another homeowner like you, not a lawyer, not a moderator and have no connection to the creation of maintenance of this blog/forum. Like Keith, Lauren, Jeff, Savvy (Michelle) and others, I’m merely sharing my experience with others to help their situation along.
Bringing others into alignment with what this situation involves to prevail is CRITICAL to our individual success. Banks prey … literal “predators,” hence the use of the term in the media recently … on ignorance of the process and the rules of how this “game” is played. This forum … and I sincerely thank its creators … allows us to share information and orient us to the legal reality we’re facing.
As I’ve stated, we have to be very careful not to over-emotionalize and apply “right-and-wrong” to the circumstances we find ourselves in. This is a strictly legal “war” where someone is [allegedly] attempting to take something they [allegedly] have no right to.
My use of “allegedly” is no accident. Since this is a public forum, you cannot make “absolute” statements about the purely legal status of any legally-based behavior any person or entity makes, unless or until it’s proven in court.
The rules of this “game” are very complicated … and that’s the way they like it. What I feel they don’t take into account is the fact that any average person, once motivated, particularly banded together with others, is FAR more intelligent than they give us credit for. In fact, it will be their downfall, and it is simply unstoppable.
I have no compunction to mention this, even though I realize they’re likely monitoring posts. In fact, I WANT them to know. I want them to know they WILL be held accountable.
If you grab a pickpocket’s hand while he’s picking your pocket, he can’t pick your pocket … and he will KNOW you know who he is and what he tried to do to you … as will the crowd of people around you.
Question for Don S:
First of all forgive me for my ignorance on the issue of RESPA/TILA. My question is this. Is the RESPA letter only for those whose homes are in foreclosure or can a home owner dealing with the BOA fraudulent HAMP program also send BOA a RESPA letter. Also what is TILA?
I would appreciate any information.
Tony …
It’s my understanding that a RESPA/TILA letter can be sent by ANY homeowner who has the slightest question about the financial accounting or “paper trail” of their mortgage. You neither need to be in foreclosure or even a literal, legal dispute. I’m given to understand it’s a requirement for the bank to provide you with information you were entitled to in the first place.
RESPA is explained on these two government sites –
http://www.hud.gov/offices/hsg/rmra/res/reslettr.cfm
http://www.ftc.gov/bcp/edu/pubs/consumer/homes/rea10.shtm
“TILA” means “Truth in Lending Act” of 1968, and can be found on Wiki (Wikipedia is your friend, too, despite the controversy on how inaccurate it might be) …
http://en.wikipedia.org/wiki/Truth_in_Lending_Act
Hope this is helpful.
By the way, while I called the Presidents switchboard a couple of weeks ago, asking him to reject HR3808, I also talked to the switchboard operator about my mothers 16 month ordeal with BOA and the HAMP program and she asked if I had written or emailed any letters to the President.
I told her I sent a letter via the US mail service and she suggested I email the President as a letter could take up to 6 or more weeks for a response. I wonder if this is the same for sending letters to congress also? I mailed and emailed letters to the President three weeks ago and also mailed letters to three senators, the US Attorney General and the US Treasury Secretary and have yet to get a response. Very disheartening.
Tony …
You may be shooting too high. I’ve had excellent responses, assistance and cooperation from my State and Federal representatives. You might also contact the agencies responsible for holding things like banks responsible.
Let me repeat my RESPA/TILA recipient list to give you the idea …
Federal Trade Commission
600 Pennsylvania Avenue NW
Washington, DC. 20580
Office of RESPA and Interstate Land Sales
Room 9146, Department of Housing and Urban Development
451 7th Street SW
Washington, DC 20410
Office of Housing Enterprise Oversight (OFHEO )
RESPA REQUEST
1700 G Street, NW., Fourth Floor
Washington, DC 20552
Comptroller of the Currency (OCC)
Administrator of National Banks
250 E St SW
Washington, DC 20219
Larry L. Hattix, Ombudsman, Comptroller of the Currency (OCC)
Office of the Ombudsman
250 E. Street, SW, MS 9-3
Washington, DC 20219
Fannie Mae (or Freddie Mac if they “own” your loan)
Mortgage Fraud Program
3900 Wisconsin Avenue
N.W. Washington, D.C. 20016
U.S. Department of Justice
Glenn A. Fine, Inspector General
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Both Federal Senators (Google)
Federal Congressperson of your District (Google)
Both State Senators, or the State Senator responsible for your district (Google)
Your State Assemblyperson (Google)
Your Attorney, even if they aren’t retained yet
Your State Attorney General (Google)
Your District Attorney’s office (often by county)
Check for specialized lawyers under the DA (Google)
The Sheriff’s Office of your County or Parish (Google and name the Sheriff)
Any media people aware of your case
By the way, your “three Senators” comment threw me a little. There’s only two per State. Who was your third?
The third senator was the miserable fraud, Chris Dodd, one of the chief protectors of the financial terrorists… and I say this as a registered democrat.
More disheartening news for we the people/home owners? Although I voted for President Obama, this doesn’t appear to be a good sign when he chooses Tom Donilon as his next National Security Advisor.
Tom Donilon was the chief lobbyist for Fannie Mae from 1995 to 2005 and was far more intimately involved than Bush Treasury Secretary Henry Paulson in the manufacturing of this crisis. He successfully pressured Congress to give Fannie Mae the green light to speed past any sound regulation.
Fannie Mae paid Donilon, a longtime Democratic Party operative, $15 million to lobby Congress to gut the power of government regulators to check the scandalous behavior in what would have been judged a crime until a majority of pro-Wall Street Republicans and Democrats in Congress rewrote the laws. He was also a top executive at Fannie Mae during the period when cooking the books to increase executive compensation would later lead to a $400 million fine.
http://www.truthdig.com/report/item/obama_hires_a_hustler_20101020/
Tony …
“Knowledge is Power”
It sounds to me like your self-education is paying off.
Tammy,
seattlepi.com/local/417333_mortgage24.html
here is a link to a story in the Seattle PI, Steve Berman, a downtown seattle attorney has filed a class action lawsuit against BofA
Does anyone know where I can join a class action law suit against Bank of America in South Carolina? I had a conventional, money down, 6.625% fixed rate FHA loan with Countrywide that was sold to BAC. When I lost my job I tried to get a mortgage modification through BAC in Jan. 2010. All the while going without some of my medication and buying very little groceries just to try to keep up the mortgage payments. After jumping through all of their hoops, I was told by BAC on July 29th that I did not qulaify for any of the available programs, but not why. On Aug 6th put my home on the market at $20,000. less than what I owed, hoping for a short sale. In September of 2010 I had fallen 1.5 payments behind. However, after attaching late charges and other fees, BAC said I was 3 payments behind and hiked my payments from $795. to over $900. I received an intent to accelerate letter on Oct. 6th. I have had no offers on my home, so on Oct. 10th I contacted BAC to ask for a deed-in-lieu. They have lost all record of this request. BAC continues to harass me about my house payments, sometimes calling up to 6 time a day. I think many of you have experienced similar things with BAC.
Someone please tell me where I can join a class action suit against BAC.
Caroline …
There’s several suggestions from many posters on this blog on how to go about this. The previous page is particularly informative. Simply click on “Previous Comments” at the top or bottom of this column to scan it.
You might want to look at a 16 point list I posted that’s a culmination of suggestions from this forum on that page, as well as the (more-or-less) introductory note I wrote to Gary above it.
Hopefully, scanning over these posts will give you the idea of exactly what bear trap you’ve stepped in. We’ve all stepped in it. We’ve been handing each other pry bars and bandages ever since we found this forum.
Now we’ve reached a point where we can bloody someone else’s ankles … in the legal sense, naturally.
Actually, the pages are being juggled a little, and it’s THIS page, not the previous.
Let me know what you think of this article:
http://www.sodahead.com/united-states/bankers-gone-wild/question-1291089/?page=1&postId=42678547#post_42678547
Keith …
You just KNEW I’d be compelled to chime in on this one … didn’t you?
Great article.
It’s actually the culmination of the education I’ve been getting about the monetary and power structure of not only this country, but all of western “civilization” over the last several years.
I’m going to be passing it on to many of my friends, most of whom aren’t even involved in our struggle, other than observers and sympathizers.
This has been one of my points recently … to get THEM involved … which I see as possibly even more important than talking amongst ourselves. It’s great that we can band together and fight this, but we also need the support of folks NOT directly involved.
Lauren’s comments about getting her friends to pull their money out of big banks is precisely what I mean. This situation effects EVERYBODY, regardless of whether they think it does or not. I have one rather well-off friend doing exactly the same thing, and have encouraged others also.
The “system” works with both our ignorance AND participation. It doesn’t work with neither. The writing … and I mean literal writing … has been on the wall … and almost the literal on a wall for all to see … for over 200 years. Google “central banking quotes” and you’ll see what I mean.
This friend I mentioned worked IN THEIR BOARD ROOMS and FOR these people for 30 years, is a brilliant mind, and never even knew it was happening. In time, he sensed it, grew a conscience, and they threw him out of the system.
Waking up is hard to do …
… but we’re doing it.