Bank of America (BA) has not garnered a stellar reputation for helping its borrowers lately. Coverage abounds about how the lender takes too long to process loan modifications and short sales and is quick to foreclose on a property. Borrowers have so far yelled and complained to BA supervisors to no avail. Now some Texas homeowners with BA mortgage loans are taking the lender to court.
The saying goes that “everything’s big in Texas” and this lawsuit is a big deal. Even though only 15 borrowers, along with the Texas Housing Justice League, are on the class action lawsuit filed against BA and its servicer BAC on June 29, 2010 in the South Texas Division of the United States District Court, this is one lawsuit to follow. A precedent could be set for all lenders if the borrowers win.
Using only keywords to describe the BA offenses to the Texas homeowners’ filing the suit, Denver Realtor Kristal Kraft said it best:
“Scheme, misleading, inconsistent, lost correspondence, verbal abuse, extensive delay, money . . . no resolution, dysfunctional, barrage of misinformation, misdirection, deliberate inactivity . . . . blocked at every turn, labyrinth of transfers . . . hours on the telephone . . . contradictions, complaints meet with resistance, no supervisors available, unaccountable departments, asked to sign same documents three, four or even five times, negotiators who would not return telephone calls, not isolated incidents, pattern and practice by Bank of America.”
As one who has been working on lots of short sales, I have seen firsthand the disastrous way BA handles its modifications and sales. For instance, when BA declined an offer on a short sale, I was told by a BA short-sale representative that the price offered did not meet the valuation shown on Zillow.com. (Note: Zillow does not provide accurate property values.) I was stunned. Sure, the home looked great from the outside and was in a good neighborhood, but the flooring was ripped out, the roof had a leak, and there were other needed repairs costing more than $20,000. The house finally did close with BA approval, but it took nearly one year and a lot of convincing that the interior of the house must be viewed. That’s just one BA horror story in my vast collection.
Are you a BA borrower with a similar tale to tell of lender abuse and neglect? You may want to get in on the Texas lawsuit or start one in your state.
Photo Credit: Zevotron on www.flickr.com
I would like to start a class action lawsuit but I am not sure how to go about it. I need some guidance please. BOA promised me a MOD. and I have not received the packet yet. Now they want to sell my home to Fanny Mae.
Bank of America misrepresented the information I sent in to deny filing a loan modification. (Claimed items weren’t original even when I sent a note from Wells Fargo saying that the copies were original and here’s the guy at Wells Fargo who can confirm it)
They deliberately took a week or more to post payments and are trying to hold me responsible for the delay. (I have the records, again, from Wells Fargo showing when the payment went through.) They are trying to collect $1000 in fraudulent late fees and threaten forclosure if I don’t pay. I’ve given them a chunk of money and am going to fight the rest. Anyone know of a class action lawsuit in Arizona?
Speak with an attorney who specializes in class action suits in your state.
The only known class action lawsuit to date against Bank of America is in Texas. There is a link to the actual documents filed in court in my article, so you can get the attorney who is dealing with the case in Texas and contact them. Or you can contact an attorney in Arizona and find out how to start a class-action lawsuit there.
They suck!! I have been fighting for 2 years they keep putting off sale dates etc. Racking charges up etc. I am employed working with 2 roommates and income is 8 k a month and they wont help. To top it off I am a cancer patient!!!! Jane
With Bank of American, you must constantly be on them and document everything!! Notes on conversations, dates, times, names, etc. (this is a good idea for dealings with any lender). If you are trying for a loan modification, work with a HUD-affiliated office. They work at no charge to you, know the rules/laws, and are a great help.
There are definitely problems with the lenders in general, with BAC being one of the worst. Understand your frustrations…you can ask to resubmit a loan modification again. Try using a HUD-affiliated organization, as their survice is free and they can really help. Good luck to you and your wife and thanks for taking the time to respond to my blog.
Where do I find a lawyer that practices this type of lawsuit in Arizona?
i need help. i have been trying to modify my loan for 1 year bofa just give me the run around.
How do we join the lawsuit. I am in the same boat as everybody here. Took a year to get denied because the offer on my house was not enough. Then they sold the house to Fanne mae and re listed it for the same amount as my offer WTF!!!!! Where the F#%%& is the help.
ana usma – I’m in the same boat. You need to write to the comptroller of the currency and the attorney general for your state.
same story for me. sales dates. told still in mod. review. but no package ever comes. forced to bk. not fooling around with idiots anymore. i have phone notes and dates from the beginning. they will not give me anything in writing. i have showed good faith by making trial payments for 10 months.
Short Sale Buyer – Are there any laws protecting the buyer? The seller initiated short sale process. May 21st B of A countered my original offer. I accepted their counter in full. They stated closing on/before June 30th and have pulled the offer back and resubmitted through their short sale process 4 times now. I call every day and the short sales office gives a new tale everyday and refer me to a “negotiator” and a negotiators supervisor who nevery answer their phones and never return any calls. I have a 3rd party authorization on file and entitled to the information. So the poor seller keeps racking up monthly fees the longer they drag it on. Are they not subject to any rules or regulations regaring short sales?
Same for BAC customers in NEW JERSEY, I have jumped through hoops to get them what they ask for and they still give me the run around. We need BAC CUSTOMERS TO FILE a LAW SUIT.
The governement provided the LAWS AND MONEY and they BAC (Bank of America) still is not doing what they are supposed to. HELP US PLEASE HELP US……
ALL WE WANT IS FOR THEM TO DO IS WHAT IS RIGHT BY LAW AND UP HOLD THE BANKING STANDARDS MORALY.
I applied for a Loan Modification with BofA in February 2010,and sent all documents required through Fed EX. Since then my loan is still pending due to insufficient documents they say they have not received I have sent them the same documents 5 times and when I fax them they say they can not verify for 10 days due to the fact that the person that receives the fax is in one city and they send verification to another person in another city for documentation. My mother who is a senior citizen who also has filed for loan modification with BofA is also experiencing the same issue. Please help!!!!!!!!
Christi,
Have you found an attorney in Arizona yet? When you do, I’m in! Wells Fagro has lied to me repeatedly & I have it on tape!
I received a loan modification last July from BOA (Countrywide) which I accepted. About November my checks were returned and BOA said the modification had not been accepted — since then it has been a constant run-around with nothing accomplished. A foreclosure sheriff’s sale date was set and then cancelled or postponed. One customer service rep said the mods sent out in July had errors which were not acceptable. I have not received anything in writing from BOA regarding this. I am in Minnesota — is this happening to anyone else?
We have been in the loan modification process for over 2 years. We received LOAN MODIFICATION APPROVAL DOCUMENTS the end of Dec.2009. We had them notarized, sent them in within the time frame in the fed ex envelope that they provided us. We have made 7 payments of our new amount (which is 300$ higher). We thought everything was fine and we were just waiting for them to update our credit. This past Friday Aug.20th 2010, I received about 5 calls from an 800 number. It was B o A telling us, a letter to accelerate the property has been sent out and we have until Sept.12 to pay the amount in full. After hours, days on the phone, we can’t get anywhere. We are not sure if we should pay anymore of our mortgage, as we will need money to go rent a place. Something has to be done to stop this! Should we get a lawyer?
Hey Sharon, I am also in New Jersey. Have you had any luck with a class action suit. I am going to call a few lawyers in the morning. I M IN THE SAME BOAT. I have been approved, denied, lost papers, lied to, in review and forclosure at the same time. Now I received notice of Sheriffs sale for September 2. WHen I called BOA they knew nothing about it til I told them. Can u believe it.
I am feed up with BOA and I want to join in on a class action lawsuit. They have ruined our credit and we have been dealing with them since Feb. of 09. We get the run around and they loose information. They sent us letters that don’t match what they say on the phone. Not sure we should even make a payment because they don’t apply it correctly We are at the end of our rope with our mortgage and they have our hands tied. What attorney in Texas can I contact for help!!
I am in Arizona and have had the same experience as Michelle H. The information on their letters have nothing to do with our phone conversations. Each rep tells a different story. I had been waiting for a call back and when I finally spoke with a rep and her supervisor, I was told that my application had been closed “in error”.
To all of you from California please contact me at the email listed above and or below. I was (so I thought) working with boa and I was told for several months that they were working on my loan mod. I never received my packet. I was told that the deeed of trust sale wasnt a true sale date but when I called the trust company it was infact a true sale date. I would call boa and they would tell me not to worry and then call the trust co and be told that my house was going to be sold. I got so upset I called the Attorney Generals office and was told to try and work it out with my lender and if I couldn’t to call the FBI, the Controller of Curency, the FTC and report fraud. So I called boa and was told that my loan mod packet was right on her desk(Michelle) and she was just working on the last details. I should be receiving my packet within the next 8 to 10 days. It never came, to make a long story short the foreclosed on me illegally, then I was told they were reversing the foreclosure, and I could rent my home from them until it happened, well I received a unlawful detainer (eviction notice). I filled it out within the 5 days I got and then they had 90 days to respond. Well they responded on the 90th day at the midnight hour. So we go to court on the 8th of October. I have a file that is about 12 inches thick of all of my paperwork. I feel very confident about the law and my rights but not to courtroom proccedures and that is something only a lawyer has knowledge of. I have contacted an attorney’s firm located in Orange County but haven’t herd anything yet. If this attorneys firm doesn’t allow me to be a part of their class action lawsuit I will find one who will, or start a new one. Please leave me your names and numbers so I can contact you when I have knowledge.
Sincerely,
Margo La Bayne
gmlabayne@msn.com
714 608 8595
951 471 3387
I am in the same boat,as well. Began process Sept 08. Foreclosure date is sept 7, 10. I need help & advice. Our congressman’s office is working on this. Contacting Attorney General tomorrow. What else can I do?
I can believe anything coming from BOA. Anyone in NJ that is ciling a Class Action Loss suit please let me know.
All of the above stories are a reality in my everyday life. I have been “working” with BofA for over a year now. Everyone I speak to lies to me and tells me a different story. I thought I was in a loan modification, but on August 13th I was contacted by BofA and told that my house was going to be sold, as of September 1st. I have been making payments on time and even have a conformation number for my August payment. I have tried everything to get BofA to work with me, but all I get is the run around.
PLEASE CONTACT ME IF YOU LIVE IN COLORADO AND ARE IN THE SAME CRISIS. I’M IN THE PROCESS OF TRYING TO FIND A LAWYER, BUT WOULD LIKE TO FILE A CLASS ACTION LAWSUIT!
bmunnasido@gmail.com
Hi Sharon,
I have been working on a loan modification since May of 2009. I have the same experience as you and many of the people have posted. I have been diligent in send required documentation and keeping current with my loan, only to be given the run-around and new series of requests for documents. BAC clearly has no intention of helping with this process. My typical call is 1 hour. I would be wiling to take part in any class action suit filed. If anyone knows of one, let me know.
August 28, 2010
To all and Bonnie-I am from Colorado and have been working with BOA for over a year experiencing similar situations. I am current and have made contact with BOA numerous times (approximately 50+ calls). My calls at the very beginning reflect my certified payment received. They were received , some were posted 7-11 days after received. After having completed our agreement and faithfully complying with my responsibility, BOA denied me twice for the affordable housing loan, without a doubt, my own documentations reflect bank omission and errors in denial of affordable housing. After having paid in a timely manner for 8 months, including the trial period, B of A sends a fedex loan modification agreement at 43% of my gross income. I didn’t like it, but I was continually receiving statements to accelerate if balance was not paid. This loan modification was over $400 more than my original loan payment. After 8 trial payments, my figures indicated I was approximately $4777 short, BA took the liberty of rolling in almost twice as much at $9272.22 on my new loan at $1734 per month, 43% of my gross income. I have not missed a payment, and been told I am current by the retention division and that I should be dealing with customr service. After having issues with BOA on Aug 24, 2010, yesterday received an agreement document from REDC, not sure who they are, requesting my signature called “Deed in Lieu of Foreclosure” as last chance to avoid foreclosure, as I am considered a potentail foreclosure. Has anyone had experience with this type of situation? I am grateful that I have found new friends for I have read all you concerns. Know that we are becoming a powerful force to deal with BOA effectively, “together”. I will be making contact with elected state officials,FTC, state attorney general, BBB and other resources to intervene in order that justice will be served. What do you think about this? Do you suppose we could file a class action suit together or by state? Thank you for sharing you thoughts…..please let me know your thoughts regarding my questions. Know that God’s power is superior….let’s continue to communicate, “Justice must be served”.
Michelle.Buckman@FoxTV.com
ShaRON,
the lawyers Fried and Weiss are investigating BOA, a Rebecca Dugan is calling complainants to see i they have a suir. You may contact her. I have her number at my shop and will post it tomorrow. Im sure you can look it up. I believe its in the other blog thats where I got it from. Also, I contacted Michelle Buckman from Fox philly news. She is also investigating and hopefully doing a story. give her a call and send her any documents that will help Christine
Sharon
See if u can contact Fried and Weiss attorneys. Rebecca Dugan is interviewing complainants to see if they have a case. I have her number at my office. let me know iff u need it. also contact Micelle Buckman, Fox philly news (consumer part) she is also investigating. she called me last night. email her any documents and our story. She is getting back to me on Monday.
Michelle.Buckman@FoxTV.com
It is obvious that Bank Of America is practicing bully tactics to force all of us into foreclosure. They knew from the beginning that they were not going to give loan modifications and put us on bogus trial periods to string us along to pull the rug from underneathe us.
I am in the NEW YORK area looking to file a class action suite.
Something have to be done……
contact me:
katrina.lewis@student.mec.cuny.edu
MY WIFE AND I HAVE BEEN TRYING TO WORK WITH B OF A 17 MONTHS -MAKING THE TRIAL PAYMENT FOR 8 MONTHS-MY CONGRESSMAN IS INVOLVED – STILL GET THE RUN AROUND – CUSTOMER REATION ADVOCATE/ OFFICE OF THE PRESIDENT SAYS ‘THEY’LL EXPEDITE IT’ AND YET B OF A UNDERWRITER RECCOMMENDED US FOR A PERMANENT MOD ON 6/23/10 AND THAT THE UNDERWRITER-FREDDIE MAC WOULD MAKE THE FINAL DETERMINATION IN 30 DAYS-NOT!!!
NOW WE SEEM TO BE ON A CLOSED LOOP RERUN AS HOME RETENTION IS SAYING THAT AN UNDERWRIER WILL REVIEW US AND MAKE A RECOOMMENDATION IN 30-45 DAYS- BEEN THERE DONE THAT AND I DON’T NEED OR WANT THE T SHIRT!!
I’M A BUSINESSMAN THAT NOW WANTS THEM HELD ACCOUNTABLE IN OUR STATE AND AM WONDERING IF WE CAN JOIN THE TEXAS OF WASHINGTON STATE CLASS ACTION AND AM LOOKING FOR THE BULLDOG OF CLASS ACTIONS HERE
SINCERELY, PETE
I got the approval for my Loan modification and start paying my monthly bills for 2 months.but i recieved notice of forclosure the Place i lived my sister house and certified mail.Can i sue Bank of America..any advice place
Is there anyone in the State of MO doing a Class Action?
I read everyone of these posts, wow I really believed I was the only one! We have been jacking with BofA for a year sending them payments trying to work this all out and for the most part it seem fruitless. If there is a class action suit in Texas some one please send me the contact information I want to be a part of this.
Modification 9/4/2009 Fed Ex signed and sealed. 8/9/2010 received Notice of intent to accelerate, they never updated the system to reflect the modification. We paid 11 months based on the modification and called them every month asking when they would correct the statements. April 2010 received notice they are in the final phase all docs received. ( now an intent to accelerate). On top of this they never applied our 11 on time payments to the account. On the phone every day since 8/13/2010 over 25 different reps, retention, modification, CSR, Managers you name it. I asked for a recinding Notice as we are not late, sorry we can not recind unless you make payment in full. “we are not late!” Sorry I do not have authorization to do that – well who does – Last person Mary said I don’t know I can transfer you. HA. I sent Certified Documents today Faxed them the Documents and now having my attorney send them a cease order. We will see if legal action for breach of contract, inacurate credit reporting, etc…they are playing a game with everyone.
Follow-on to my August 21st comment — Like many others I thought I had a loan modification mid-2009 only to find that I did not and now am in a foreclosure scenario. Last rep that I managed to talk with at BoA said that the loan mods put in place at that time were supposed to be funded under some government program and the funding never happened — Sooo the mods were pulled (un-approved) or whatever. I asked why in hell did I not ever receive one, Not One, word regarding this? His answer was that it was finger pointing about who screwed up and who should contact borrowers. Well, I would say we all are the ones screwed.
Sharon, I am in New Jersey as well. Been working with Bank of America since February and have had all the same events as each of these writers. I am presently sending info to Sen. Lautenberg’s office…..but, I would be more than willing to join a class action suit if we have an attorney. Send me some info if you have someone good.
Stay strong…..
Sounds like i’m in the same boat but further down the road. We spent over 2 years dealing with countrywide and then BofA to no avail and our home was forclosed on in December 2009. Our home was in Arizona. We had hardships with cancer along with decreased employment and my wife’s loss of job. Our experience was identical to what i’m reading from everyone else. where can i go to start or join a class action suit againts BofA? We’ve been living moment by moment since the foreclosure. We have regained most of our income but Countrywide/BofA has ruined our credit and have made our lives a living hell.
Why can BofA not be sued for willfully participating in activities (short sales) that adversely affected that value of my mortgage contract. Had they not been doing this we would have been able to sell our home but this was made impossible due to them short selling homes in our neighborhood for $100,000s of thousand less. Please contact me at azride2win@gmail.com with any info on starting or joining a class action lawsuit against BofA.
No luck with a New Jersey Attorney yet? ANyone else?
This firm says they had a case against Wachovia. They are from NJ….
Steven Reichenstein
PELLETTIERI, RABSTEIN & ALTMAN
609-520-0900
Let me know of any other NJ homeowners in our boat.
Previously I submitted a comment regarding the Loan Modification I applied for with BofA in February on how they repeatedly asked me for same documents over and over stating they had not received them after I sent Fed Ex and faxed several times and verified with both BofA home retention and Hope team. BofA asked me to make trial payments on my mortgage starting in April 2010, until the modification was determined, they lowered my payment approxi $175.00 per month. On Sept 3, 2010 I recieved a Fed Ex that my modification was denied due to insufficient paper work (not received) this was not true and I appealed. My appeal was denied a few days later and I was asked to pay the difference of my trial payments vs. my regular mortgage within 3 days or I would be reported to credit bureau. I paid them the balance of 1,335.00 which I had to borrow. I just want to say that I was jerked around by BofA they never intended to help me out and now my credit report is shot, my trial payments were reported by BofA to credit bureau as late payments. As soon as I can find another lender to refinance my home I will no longer continue to bank with BofA I was a customer for over 25 years and now, the only time I asked for their assistance they mislead me and never intended on assisting me! I am very disappointed and angry!
Paul,
I will, and you to. I will give them a call
Paul, received an email from the attorneys with the class action suit in WA. They are considering other states and want me to email information. Did u get it? would u like the ino?
Thanks and yes I would. I am sure others on here would be interested as well.
My husband and I have been dealing with BofA for over a year now trying to get a home mod. We recently found out they denied us after jumping through hoops and bending over backwards to do everything they ask. We are in New Jersey and would like to join in any class action against those criminals. Please let me know if anyone can help. I have already filed a report with the Consumer Affairs department and I am hearing a lot of the same stories as what we are going though. We are lost at this point!
I live in Amarillo Texas and have gone through the exact same thing with BOA. Now that I have moved and signed a contact with some one else they are trying to reopen my case. They have ruined my credit. Who can I talk too?
researching cards which can be reasonably priced isn’t always easy, I do think that’s the aim of all of them : to be bad value for money.
Same thing happened to us in Caldwell,Tx. Have not been able to get an attorney to take the bank to court! It is so frustrating! We got a call from the underwriter last month wanting more info as as she says “our MHAP is now under review! We lost our home in July. What a joke! All I can say is when the roll is called up yonder, alot of people are going down.
To Cheryl in TX — Same story in MN — Received mod contract in July 2009, I accepted — November 2009 BAC said no good, no reason, twice have had sheriff’s sale date set with cancellations. Trying to get AG and Senator involved. My attorney has little success trying to get BAC to discuss the weather let alone my loan. — Rich
Utah has pending Class action against Bank of America and Recontrust. Look up John Christian Barlow, Envision Law in St. George Utah. Suit is waiting for Judge to certify it as a class action.
We have been trying for over one year now> met with some lady from Titanium Solutions. She spoke with a bank rep that night. SUPPOSEDLY the bank had all they needed. One year later here we sit. Emaid two attorneys on the west coast with no reply. A class action is needed but where to start. Anyone with suggestions or ideas please reply.
Dave
Baltimore, MD
I have been told many lies and jumping through BOA hoops and boundaries to keep my home. My husband passed away and times were tough. I applied for a modification and half way through it, calling them everyday their hope retention team telling me everything is looking good. Then when I landed a job while on a trial payment through the making home affordable program. an associate stated that I need to hold to the second payment and to send it in when they send me a new modification package since my financial status had changed. I later was informed that I was taken off the program because I failed to make that payment and it canceled me out of the program.
Confused and frustrated I hired a law firm to represent me. I am still a new modification but after paying close to 4000.00 because I have a 1rst and a 2nd. I found out that I still am getting messed over because all their willing to give me is a in house modification with ridiculous terms.
How can I get into the Making home affordable program again.
I’d like to get in on the Texas class action law suit against Bank of America. The Texas Attorney General and the OCC are reviewing my file. I have filed a complaint with Freddie Mac as well. For more guidance, see http://www.piggybankblog.com. Great info at that site!
I want in on any Class Action Suit against Bank of America in Michigan. My home is in Michigan. I tried to do a short sale with Bank of America.
Me and my realtor did everything and sent them everything they asked for. Every time I spoke to someone in their Short Sale Department, I was told there was no foreclosure date. While they were telling me these lies from 1/2010 until 9/2010, there was no foreclosure date. On Sept. 1st, they posted a notice on the house stating a Sheriff’s Sale all the while, we were working on a short sale with them. What happened to my notification of loan acceleration notice? I never received that. Also what happened to my 6 Month Redemption Period allotted me by state law in Michigan???? By law, the redemption period is 6 months before the Sheriff’s Sale. Went all the way through the close and the buyer’s bank wouldn’t fund their loan?????!!!! I find out the day before the Sheriff’s Sale????!!!! Then I find out that they had claimed the house was abandoned when they knew it was not and sold it to Fannie Mae!!! To this day, they are lying to me telling me that I still own the home and that I am in my Redemption Period. My home is listed for sale on Fannie Mae’s website for less than what my realtor was trying to sell it for. Not only that, but Bank of America’s assigns broke into the house, removed personal property, did damage to the inside of the house, took all appliances in the house except the a refrigerator that was in the basement (probably couldn’t get it up the stairs), removed the garbage disposal from underneath the kitchen sink and left it sitting in a corner, took all the drappery and curtains, rods and all (put a hole in the livingroom wall where the drapes were hanging on a traverse rod, took all the blinds, broke the baseboard where the fridge in the kitchen was, took the downspouts for the gutters outside, removed the plexiglass that was in the storm door, broke the lock on the door coming in from the garage and left it wide open, broke the door facing on the front door (their point of entry), took my doghouse, trashed the backyard with broken tools and crap and then had the nerve to remove my realtor’s sign out of the yard a put up another real estate company’s sign. This other company then called my realtor and demanded he close his listing on my house!!! Yes, I am pissed and I want to sue the hell out of them!!!! If there is one or if anyone in the Grand Rapids area is suing Bank of America for anything like this, please email me and lets try to hook up with a Class Action Attorney. I can be reached at Bburrell35@hotmail.com or 616 617-1153. This company and its assigns need to be put out of business for good!!!!
Let me know if there is a Minnesota class action lawsuit!!! I am about the cry reading these stories… because I am in the same boat!!!
If you are with Bank of America please call me / i can qualify you to enroll in the Class Action Lawsuit – 1-949-274-8631 jmesser@nationalhomeadvo.com
http://www.nationalhomeadvocacygroup.com
National Home Advocacy Group
151 Kalmus Drive, Suite B-250
Costa Mesa | CA | 92626
Direct: 949 274 8631
Fax: (866) 886-2813
On May of 2010 I paid off my loan with Bank of America formerly Countrywide.
I sold my stocks to pay off more than $300 thousand. I still have not had my deed recorded with the county. They have my money and say my loan is paid but no deed. I can not sell my house I am in limbo. I have been given the run around and now they say that Countrywide didn’t send the proper documentation when they took over the loans.. How long will this take and what am I to do. My house is way to big to take care of now and I need to size down because we are unable to take care of it.
Thank You
Linda
Hi I am one of the people in the Texas law suit. I can’t believe how many others have been put through the same hell. My heart and prayers go out to all of you. If we all fight and report this sort of abuse things will have to change. I really thought I was the only “stupid” one who could have let this happen to myself. Bank of America took my home after 11 years. Even though I wont get my home back. I want to do what I can to stop this from happening to others. Lea
Beth Elstein you keep bringing up HUD and the non profits. They are worse than the lenders or borrowers themselves filing for modifications. You must be a government bureaucrat. Obama’s plans have all failed from the Obama plan to the $50 bil where only 1/2%, $248 mil has been used to help homeowners. The only help is experienced debt settlement attorneys not the government. The government got us in this mess. Obama has made it much worse.
Titanium Solutions are Realtors that are getting the listings when the foreclosures take place. Wells, Citi and B of A all have the same “consumer resolution Groups” that have a stake in the foreclosure. Ask them for their real estate licenses when they come visit. Then you’ll see that you are walking in the mouth of the lion.
I am from Colorado and filed a civil action on my own 10-cv-02141 against BAC and feel for all of you!!!!
I am tough and have a good legal head but after the illegal foreclosure I have been displaced now 3000 miles away and am having trouble with the court. I am thinking to withdraw my suit and join a class action but I don’t know that there is one in Colorado. HELP !!!
I left the house after being evicted while my tenants upstairs were allowed to stay!!
I want to get on with some positivity as I don’t want to become consumed by this ordeal. I am still mad with President Obama for coming up with this plan that I reached out to only to be defrauded……and lose my home.
I been reading all the comments and I am horrified. Boa is such a fraud. I had an account with my girlfriend, because she stopped paying her account, they went ahead and closed mine. I had a balance in the card of almost $5000.00. This balance was completely paid off, can u believe they went ahead a month later and still put purchase fees on a cero balance close account. I want to sue this bank for fraud. Bank of America needs to be shut down for thieves. Who else had a similar situation?
Bank of America is so deceptive in it’s practices, they lie and tell you fairy tales that they are trying to help you with your mortgage modification but behind your back, they are planning a quick and effective foreclosure action. They can’t be trusted, the bank of rotten from the top to the bottom as it trains it’s stsff well at lying and deceiving the customers. Call Congress every day if you have to and shout loudly to have this bank modify as many mortgages as they have to, not just APR’s all mortgages of those that are underwater and even if they’re not, they made their billions and so have the investors.
Bank of America handed out 4.4 billion dollars in bonuses to the choice 10,000 employess that are in the higher echelon. This comes out to an average of $400,000.00 per employee, some got much more, some less.
Here is a letter to our U.S. Representative and we are urging her to act and act quickly as they should for all homeowners.
Mrs. Ronni D. Mandell
135 Jones Street
West Haven, Ct. 06516
(203) 934-4232
Email: 4everprancer@sbcglobal.net
URGENT
To: Rep. Rosa DeLauro
Dear Representative DeLauro,
In 2009, Bank of America processed a modification on our mortgage and it worked for about a year, then, my husband, who had suffered two disappointments with 2 ventures, one was a home-improvement network, where he would provide advertising and networking for independent contractors finding them jobs to bid on. More or less, he was providing them with leads and in return they would pay our LLC a certain amount, mostly around 10%. This had done well in 2008 and 2009 but started to get more and more sluggish due to the inability of homeowners to secure loans from the banks to make necessary improvements to their home. This is what caused us to ask for the modification.
Since that time, we were trying to start a another venture, but on limited capital for that from my 401-K, we abandoned that idea and we also realized that the contractor network was not working any more along with the fact that several contractors didn’t pay my husband his portion for finding them the work. He is now under-employed at 61 years old. He will be 62 on the 28th of December. With his upcoming birthday, I convinced him, after refusals from him, to apply for early retirement, which he has been approved for. He will receive the first check on February 23, 2011.
We, at this time, can’t make our mortgage payment for December or January and February will be late. Knowing this problem was arising, we called and always communicated with Bank of America. We also learned from many people in our neighborhood and friends that at the time of our modification, there was nationwide tour going on by NACA, Bruce Marks, who has influence with the lenders and investors was getting great deals on 2% interest for the life of the loan, plus substantial principal reduction. Our net income will be roughly 2,700.00 per month and we were told by an attorney from Ct. Legal Service to play hard-nose ball with the lender and for us not to listen to the baloney about the investor having to approve it. She said that they are losing money on the loan already, there’s no equity and they should be glad that we want to stay if something would be worked out willingly by BOA and the investor. She said to insist on a 30% principal reduction and 2% for the life of the loan and perhaps payments will be in the ballpark of 31% of monthly income as the benchmark. Give or take a few dollars. She also said don’t settle for less, if they say no, tell them to foreclose and that it will take time, it won’t happen right away and that we should save our money.
We want to stay but we’ve also been told by the CT. Banking Commission, reporters, the attorney that it would be an added help to us if we can get a lawmaker in our corner to call on our behalf as a 3rd party, to request or suggest that they do something meaning and modify the mortgage whatever way they have to that will have an approximate $900.00 payment per month.
My husband can, according to the social security handbook and if God sees fit, he can work part-time as long as it’s within the guideline amount permitted by social security, which I believe is $14,160.00 per year. Hopefully, he will be able to find something in this very tough job market.
This housing meltdown is the fault of everyone, the banks, the government and homeowners that bought homes under the too permissive programs that were available from the predatory banks with the blessing of the government. When we bought in 2000, my husband was employed full time as an office manager until his boss lost the business due to a personal problem in 2003. My husband was with that company from 1997-2003 when it closed. Since then, he worked a part time job for a year and half and then tried some businesses of his own, we were able to pay bills as a non-deductible expense from taxes and he didn’t draw a paycheck per say, but it helped but things did not go well at all after a while. He is tenacious and he keeps trying many things but, now with much diminished income, my 401-k plan pretty much drained, it’s difficult to get anything going.
We are both helpful that you will go to bat for us, we always here how you are the champion of your constituents, we voted for you in the last election and we would be greatly disappointed if you did not champion our cause.
Our contacts at Bank of America are:
Mr. Robert Serna-Negotiator
(877) 430-1431 Ext. 14139
Mr. Mark Martin
Office of the CEO
((877) 498-7226 Ext. 3916
(866) 681-5611
Email: mark.martin@bankofamerica.com
Ms. Barbara Desoer
President of Bank of America Home Loans
Email: barbara.j.desoer@bankofamerica.com
Mr. Brian T. Moynihan
CEO-Bank of America
Email: brian.t.Moynihan@bankofamerica.com
We need help with this, someone to be in our corner, even if it means just writing something to those parties above that you would like to see them do anything and everything in order to keep your constituents in their home.
Sincerely,
Ronni Mandell
Looking for a plaintiff that has lost their home to foreclosure in Ca. as rep. plaintiff in class action. I have a class action in progress v. JPM Chase. Class is those in trial mod. Need to seek damages for the class that paid on trial mod as agreed and lost their home anyway. Contact at bkurt31@yahoo.com to discuss
My name is Lynda J. Grant, and I’m a well known class action attorney. I’ve been practicing class action law for over 25 years, and practice in every state in the United States. I am about to file two mortgage modification class actions. If you are interested in becoming involved in a class action,regardless of where you are located, contact me as per the below information:
Lynda J. Grant
TheGrantLawFirm, Pllc
521 Fifth Ave., 17th Floor
New York, NY 10175
212-292-4441
lgrant@grantfirm.com
You can review my profile on linked in. (Website is under construction).
I have worked on getting a modification for over 15 months now. I have gotten every run around imaginable. Then they raised my monthly payment by 62% eight months into trying to get the existing payment modified. I am a mortgage broker and have been for 25 years. I would like to start a class action suit against B of A in California. If you have gotten the run around as most people I know who have tried to get a modification email me at AlettePrc@aol.com. If anyone has recommendations of a good CA lawyer for this action I am actively searching. Email me please! This has to stop…..millions are losing their homes and it should not be like this. We need to stand together! Email me. Alette
Hi. Im in the same boat as all of u. Im in Alabama. And they have lost paperwork that was fed ex and show someone who has signed for it at BAC. So they have not granted my modification and get giving me the run around. I have hired an attorney and is going to court. i thinking now I need to go another route and file a class action lawsuit.
Are you kidding me!!! I cannot believe that there are so many of us out there, and that BOA is still getting away screwing all of us. Do we not live in “AMERICA”!!! Are any of the State Attorney Generals standing up for us??? Millions of people move to our great country because of what this country stands for, yet, we the citizens are getting played by this major bank. Are we going to wait to lose all our homes. I am in the same situation as everyone here, but I will start fighting back today. Hopfully I will resolve something before I lose my home. I live in Texas, if anyone knows of any lawsuit going on here, please email me. I will be contacting HUD, Attorney General, and anyone who will listen today.
My email address is “starry377@att.net”, anyone out there in the state of Texas please let me know if you found out anything. I will do the same, calling people today.
Starr
I live in Texas, and everything everyone is saying I am going through now. It will be one year next month since I asked for a modification. Actually, in Feb 2009, when I first heard that the gov’t would help with home modifications, I applied, 6 months later they approved me, but guess what?? Their help came in making my payment “Higher”, not less, higher. Here I am a year later, lost my job, asking for a modification again, can’t imagine what they will do to me now. So please if anyone knows of a lawsuit in Texas, I am living in fear and need help. Lea Cornejo, saw your msg, please send me your email. My email address is “starry377@att.net” Folks, I am so sorry for all of us and will pray for us.
Starr
All the comments that I have read sound just like the stuff that I am hearing from BAC. I have contact the AG office in he state of Indiana and I am going to receive help from them. I had to send and resend the same papers several times. While to hear about a loan modification approval I have been notified of a foreclosure and every person I speak with gives me different information. BAC needs to be sued. Marlene
TO ANY ENTERPRISING YOUNG ATTORNEY WHO WANTS TO MAKE A NAME FOR YOURSELF…
I live in CA. BofA is about to foreclose on my property. I am certain they do not own my note nor does MERS. They have no standing to foreclose. The Walker case is your precedent (BK Court of Eastern Dist. of CA – July, 2010). I know I am not alone and many people are looking for a class action suit. Please call me at 916-787-8818 if you are willing to start a class action on our behalf.
I am in California. I am in the process since October. I have been asked many times for the same paperwork. I recently got a call at 8pm from a representative acting like a debt collector with the worst attitude ever. Saying that I need to send them a profit and loss by 1145 that same night or I will be denied. This craziness needs to be stopped immediately. Got my wife scared and upset. No sleep due to this treating call. Also on the phone the rep said she can email me a profit and loss. She did not say form. Just profit and loss. It took more than twice for her to explain what she was saying. Where are they finding these idiots? I am furious and want to start a class action suit.
I had title transferred while in Ch 11- the very day my petition was granted. After filing suit against them myself-which took an unbelievable amount of time & I had buyers waiting to purchase the property. They had made their offer believing title was not at issue. To be brief, by the time BofA returned title to me, the buyers were gone & I had to settle for a “period of time specified & granted as time alloted for me to market my property for sale.” I was lucky to get that far, but never lucky enough to sell -even short-sell my place. BofA ruined any chance I had to re-coup my life savings after a catastrophic accident. Is anyone interested in a Bozeman, Montana class action?
I just wanted all u ppl to know My Sis is going thru the same crap And I Want Every one to know The BANK OF AMERICA IS OWNED BY THE GOVERNMENT IT IS NOT A FREE ENTERPRISE BANK IT IS CONTROLLED AND OWNED BT THE GOVERNMENT SO U PPL OUT THERE NEED TO UNDERSTAND THE ONLY WAY FOR U ALL TO MAKE THEM UNDERSTAND THAT U WILL NOT TAKE THEIR CRAP NO MORE IS TO DO BUSINESS ELSWHERE THEN THEY WILL GET THE MESSAGE MONEY IS POWER SO SHOW THEM WHERE U WILL TAKE YOUR MONEY….ALSO IF YOU THINK THIS IS BAD U WAIT TIL HEALTHCARE IS IN FULL FORCE BY THE GOVT.. THEN ALL OF US WILL BE TIED,BOUND. AND GAGGED BY THEIR PRACTICES. IN OTHER WORDS ENSLAVED SO PPL WAKE UP AND SMELL THE COFFEE…..
i am going through the same stuff here in fl they did all the same stuff that is being done to others say they did not receive paper work and etc
I have gone through the same thing with BofA…I am told that my house is in foreclosure. I ask for reinstatement, yet the letter they are suppose to send me is already past 2 weeks from their promise. I am not surprised though. I have been lied to several times from the call reps. Been on long hours over the phone. They make you believe it is okay and they do not give the same information every time. I would like to join a class action lawsuit against them. I notice that this blog site was since last year. Is there anyone who can initiate the class action? It seems like everyone is waiting for someone to start it out?
From OHIO
I am going through the same crap with BofA. They are stringing me along to foreclose on my home. I have my life savings in my house and will lose it all if they foreclose. I have been reading about Class Action Suits against BofA, but can not find one in Montana. I would be happy to participate. Does anyone know of one going on? if not I can research it and see what comes up. let me know if anyone is interested. I am in Kalispell.
Thank you
Please someone contact me on how I can file a suit against this bank. Not only did I try for months to get a loan modification. I had a real estate agent who worked for me on a short sale. Only to be told that the offer I had was not high enough. Now keep in mind that that was the “3″ THIRD offer I had on the house. The first two they told my agent that they never received the paperwork. So I lost those offers due to the length of time that Bank of America was taking.
I AM GOING THROUGH THE SAME THING…BANK OF AMERICA IS A LIAR!!!!!
WE NEED HELP….IS THERE ANYBODY OUT THERE THAT CAN HELP US….
MAY GOD HELP US ALL….
I AM IN CALIFORNIA……..
I AM IN CALIFORNIA B OF A IS ONE BIG BANKING CRIMINAL, THEY DON’T CARE ABOUT THEIR CUSTOMERS. THEY DON’T WANT TO HELP THEIR CUSTOMERS THEY JUST WANT TO TAKE OUR HOMES BECAUSE IT IS MORE MONEY FOR THEM. THEY ARE NOT LOSING ANY THING. EVERY TIME THEY TAKE SOMEONE HOME THAT IS ANOTHER PERSON OR FAMILY ON THE STREET. I DON’T UNDERSTAND WHY THE GOVERNMENT CAN’T STOP THESE BUTT HOLES. I AM BEGINNING TO THANK THAT B OF A IS BIGGER THAN OUR GOVERNMENT OR IS THE
GOVERNMENT IN THE POCKETS OF B OF A. WHY CAN’T WE GET HELP ALL THESE PEOPLE CAN’T BE WRONG ABOUT THE PROBLEMS AND TREATMENT THAT THEY ARE RECEIVING FROM B OF A.
Anyone from Minnesota? Is the a class action lawsuit here?
I have been having trouble with BOA for 9 months. First I was told to make all payments, but after 90 days I could no longer make them. Then I was told that I needed to be behind 60 days for them to do anything. 9 months later I contacted the Attorney General and have sent them all of my information.
BOA has been jerking me around with all of the same delay that everyone else has. All through this they have threaten foreclosure. Before I stopped making payments I had never been late on a mtg payment in 13 years of owning this home, had a really good credit rating and am still not late on any other payments.
They are forcing me into foreclosure.
;} I used Universal Lending to execute a modification (FTC closed their operations for fraud), then had to do it on my own. I had a friend who offered to finance the home, but after three months Bank of America still hadn’t responded to multiple requests for payoff. We contacted the attorney in Monroe Louisiana who was handling the forclosure and was told they couldn’t get an answer either. They finally sent me a modification just days before my home was up for auction. I signed them and sent them back FedEX. Two days later I recieved another offer. I called and told them I had sent the package off, and was told that it contained an adjustable rate and they could get it waived.. It also added back interest of over $18,000 to the balance due of $118,000 making the total due of over $145,000. Since I was caught between the old rock and hardplace, I told them to go ahead with it and was put on a trial period. I fulfilled the period, (supposedly 3 months, but took over 6 months) and was sent a letter saying I qualify for the modification. The letter also in multiple places said they were preparing Agreement papers and as soon as I got them get them back in the time period stated. The wording actually was “to accept this offer, you will need to sign and return a Modification Agreement that includes the terms and conditions of the permanent modification. We are in the process of preparing your Agreement and will be sending it to you soon. Please be on the lookout for a package in the mail and return the Agreement to us by the requested date so we may finalize you loan modification”. I did not recieve them within 4 weeks so I called on and was told if not recieved by June 23, 2010 call back. I waited til June 23 and still no packet. I called and was assured it was “APPROVED” but they were running behind pretty badly. They said call back if not recieved by July 23, 2010. No packet so I called on July 25,2010. Again I was assured it was “APPROVED” and not to worry, it was taking several months to get all the paperwork out. I was told to just continue making the modification agreement payments as I had been doing. I was disabled in Janruary of 2010 and put on weekly disability payments. In Oct 2010 I was put on monthly payments paid on the 21st day of the month so I called and talked to John on the 5th day of December at 12:53 CDT. I explained the situation and he said don’t worry, it would not change anything. He asked if I could afford the modification payments where they were and I told him yes. He also told me I could use direct pay by my bank at that time. He also assured me I was approved for modification and would see my paper work soon. On February 23, 2011 I recieved a call from BOA. I returned the call and was told I had been turned down. They transfered me to the DESIREE TEAM. I talked with a supervisor named Julie Nye. She said my payment was $1184.96. I explained that I had been approved each of my statements showed to continue the $983.32 Payments. She asked me to fax all that to her and she would post it to my folder. I also asked her about the turn down, and she said it did not reference that in my account. She said it showed I was still under “REVIEW”. I explained the approval letter and she asked that it be sent also. Then last night, February 23, 2010 I recieved another call from another dept of BOA. I was told I had been turned down and I would be sent another packet. She also said not to be surprised if I recieved a forclosure notice and not to ignore them. She said they were sending me another package to see what other program I qualify for. So eleven months after I was sent an approval letter , and over 18 months since the process started they are now wanting to steal my home. I am now on permanent disability and would probably not qualify for any program. Where do I go from here? I have already went to the Federal Trade Commission and Louisiana’s AG
http://www.makinghomeafordable.gov can help. They are a free negotiator
So sad…where is the federal gov. Where is our president who said he would fight for us? I live in NYS and have been strung along and lied to for almost 2 years. I even signed a mod packet and fed-ex it along with $2,800. I called to confirm and they said it would take a few months to process. Several months later nothing. They said they never got the packet, but my bank said the check was cashed. After my bank showed proof, Bank of America said they used the money towards interest and fees but are not honoring the modification! At this point we feel helpless and are saving our money for an apartment. My wife is on medical diss. with lupas, 4 kids, 5 dogs and 2 cats.
GOD help us.
Bccaz4@yahoo.com
Brian
My fiancé and I are in Michigan . Boa would not give us the time of day. We asked the for a loan modifacation or help threw the Obama relief fund. They would not even help us. Now our home is owned by Fanni Mae. Is anyone interested in class action lawsuit in Michigan ? I’m sure there are plenty of others with just or worse experience! Contact us. lildebbie250000@yahoo.com
Any help in Kentucky!Scott K Skelsey@lexingtonky.gov
Bank of America is the lowest of lowlife banking entity in America. This so called bank is no more than a lying thief under cover of the law!!!
They will not provide you with any documentation of whats been said on the call, refuse to email or fax you anything and promise you will get it in the mail which is a lie! you never get anything and then they deny it was ever said.
They will give you the run around every time you call them. you NEVER speak to one person from one department. they have 100 departments and they transfer you between them to keep you from documenting!!! They trick their customers out of their homes just like they did to me. I was in a process for a modification and then at the same time they started foreclosure on the property.
I kept paying on time until they denied my payments and speed up foreclosure proceedings!!! can you imagine? They then lied about me asking to be removed from the program which i NEVER EVER did. they gave a name and date in which i told them to remove me, needless to say i never heard that name and never asked to be removed.
I opened a claim with the OCC which is a joke, they gave me a case number and did NOTHING.
i can understand people who wake up one morning and feel they want to shoot everone down at the bank after being scammed out of everything they owned.