Class action suit filed against Bank of America for abuse

July 15, 2010
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republic of texas seal Class action suit filed against Bank of America for abuseHere at AG, we’ve written about how Bank of America has foreclosed on homes by continuing the foreclosure process even after the home was successfully sold to a new buyer who didn’t even have a loan through Bank of America and we’ve covered how they have foreclosed on addresses they never even had a loan on despite dispute and direct correspondence.

AG columnist, Russell Shaw has remained our most vocal advocate for homeowners and agents having to battle Bank of America. His “Bank of America retard division for short sales” article that outlines the unfair, irrational and possibly illegal behavior of Bank of America remains one of the most read articles here at AG on most days, almost a year after it was originally published.



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In steps the Texans

We’ve awaited the day that someone stood up to the documented abuses in a fashion that would impact Bank of America’s bottom line, and today, a group of homeowners are no longer taking it lying down. In true Texas fashion, a class action complaint was just filed and a jury trial has been demanded. Today,
the Texas Housing Justice League joins the 15 homeowners in the suit against Bank of America and its subsidiary BAC Home Loans Servicing.

Interestingly, the claim is using RESPA (Real Estate Settlement and Procedures Act) as grounds for the complaint. The other eight claims are as listed below:

  • Count Two: Breach of Contract – Loan Modification Agreement
  • Count Three: Breach of Contract – Forbearance Agreement
  • Count Four: Breach of Contract-Promissory Note and Deed of Trust
  • Count Five: Violation of the Texas Property Code
  • Count Six: Breach of Oral Contract-HAMP Trial Modification
  • Count Seven: Unreasonable Collection Efforts
  • Count Eight: Intentional Misrepresentation
  • Count Nine: Texas Debt Collection Act

About the plaintiffs:

According to the Texas Housing Justice League, “Plaintiffs are and represent people who purchased their first homes between 1994 and 2006, usually with loan assistance from the Federal Housing Administration and the U.S. Department of Veterans Affairs. Their loans were all serviced by Defendant BAC, which is a wholly owned subsidiary of Defendant Bank of America, N.A.”


They continue, by noting that “The lawsuit complains not of poor customer service by BAC, but of a systematic home loan servicing scheme that includes hours of telephone runaround, misleading and inconsistent information, lost correspondence, verbal abuse, and extensive delay, all of which have documented costs not only in terms of money, but in health. The facts in this case reveal the harsh reality that underlies the loan servicer’s press statements about loan modifications and forbearance agreements following collapse of the U.S. housing market.”

A suitable summary of the suit:

Denver Realtor, Kristal Kraft says, “In the interest of time, I will now use only the keywords describing the gripes against Bank of America as accused by the Texas Homeowners.

Scheme, misleading, inconsistent, lost correspondence, verbal abuse, extensive delay, money, health, harsh, shuffled, no resolution, dysfunctional, barrage of misinformation, misdirection, deliberate inactivity, abuse, harassment, yo-yo. blocked at every turn, labyrinth of transfers, hundreds of hours on the telephone, transferred, never speak to same person again, 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.’

What will happen next?

One of the Plaintiff’s lawyers, Robert Doggett said on ForeclosureBuzz.com, “It would be hard to imagine that Bank of America and BAC will fight the facts of the case; the question will likely be whether they can get away with it. The servicer will likely claim that poor “customer service” is something that must be accepted like a slow waiter or a bad movie. The difference is of course that homeowners are not merely customers that should expect to be mistreated and lied to — homeowners have a contract with the holder of their home loan and these servicers are the agents for the holder — and moreover, servicing a home loan is not in the realm of someone forgetting your fries or being tricked into seeing Gigli.”

For the full claim, click here.

AGBeat Chief Operating Officer: Lani, named 100 Most Influential, as well as 12 Most Influential Women in Blogging, Bashh Founder, Out and about in Austin A Lister, is a business and tech writer and startup consultant hailing from the great state of Texas in the city of Austin. As a digital native, Lani is immersed not only in advanced technologies and new media, but is also a stats nerd often buried in piles of reports. Lani is a proven leader, thoughtful speaker, and vested partner at AGBeat.


  • http://www.homesofcolumbiacounty.com Joe Loomer

    Long time coming. Hope they don’t settle – hope they make it very public and very nasty. In our area, the single biggest hurdle to closing short sales and cleaning foreclosed titles has been BOA – hands down. It’s so rampant no one can name a second-place offender.

    Navy Chief, Navy Pride

  • brian wilson

    So true. Gigli was terrible.

  • http://www.kristalsellsdenver.com/denverdwellings Kristal Kraft

    What can I say? Texans Rock!
    kk

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  • http://agentgenius.com Benn Rosales

    Someone should sue anyone related to the creation and atrocity that was Gigli. It’s unfortunate that BOA has to be sued while obviously snowed under in paperwork. The sheer volume of homes in and out of the system is unimaginable when you think of the sheer number or foreclosures, but something good will come of this, maybe. Class action may be a motivator for banks not in the suit to dig for sunlight and get a grip on their mountains of paperwork.

  • http://www.bradofficer.com/search-homes-for-sale-jacksonville/ Brad Officer – Jacksonville real estate

    When a company gets so big that they cause public harm why/how are they still in operation?

    Tied for 1st place worst: Suntrust

    • http://card.ly/laniar Lani Rosales

      Well, “too big to fail” mentality worked under current administration, so why wouldn’t “too big to not-be-bullet-proof” or “too big to give a crap”? They’ll later be named “too big to fail” and get another check.

    • Kathleen

      I was one month behind because my husband lost his job. This was feb 2009. After three packets of modification and harrassment and lies. I put in a complaint with the Attorney Generals Office. The CEO’ office from BOA called me and at this point now they are asking for 1500 for escrow! omg they lie so bad. My loan is still not fixed and I am fearful. I have have had enough. I live in Colorado and there is much more behind ths. They mishandled my loan and are still mishandling it. Almost a year and it is still not fixed. Help

      • http://Keizernursery.com Duane

        @Kathleen, I was in hospital and fell 3 months behind. I called them to get the amount I needed to catch up the loan, they tell me that REMOD was the best way for me to go. HA That was the fall of 2009, as of today they have me in default saying I have not made a payment in 31 months, Thats funny I would call them to see what I was to send in that month. I have all my records showing I paid. They said I owe 24,000 or just sign my house deed over to them.
        My Grandfather would say this is how the MOB operates, are bankers todays real Gangsters??
        I went through everything you did. still fighting. good luck

  • http://www.miamicondoshop.com Miami Condo Shop

    I think a lot of people out there are interested on how they could add their name to the class action suit. It’s about time people who’s lives were ruined bring the fight to BOA…I know it would likely take years before anything happens, but I believe that BOA must be penalized from acquiring funds from the government to supposedly ‘assist’ struggling home owners but instead keep the fund for its own benefit. Whoever is the CEO needs his *** kick all the way to the White House. BOA is downright nasty, and for you guys over there at BOA, remember what goes around comes back around!

    • http://www.greatfloridahousedeals.com Rick

      Any luck with a Florida class action suit against BOA.

      I’m in if there is one.

    • Diane

      Is there a class action against Bank of America for doing short sale in Fla. on condo
      and making owner pay promissory note for $5000. to close the deal when owner
      already lost everything and got nothing for the sale.

    • april alexander-thomas

      looking for the same in a class action lawsuit against Bank of America in the state of Florida. Please advise I’m also looking

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  • http://www.mikeabedi.com mike abedi

    I hope they expand the Class Action Suit to the other States especially California and all abused homeowners, realtors and others joint force to stop Bank of America’s greedy, intimidating practices and the harm that they are causing to the family all over the United States. I think you (WE the People) need to create a Petition SITE, so people can sign and demand Bank of America to change its current sleazy practices and also get our state congressperson and senators get involved and make them to stop what they are doing. I will be the first along ten others to sign the petition today! Mike Abedi “your Friend in Real Estate”

    • rhonda jennette

      i live in tennessee and have been living a nightmare with boa has anyone else from tennessee had a problem with boa. Im trying to find out if the class action lawsuit filed july 15 2010 will be expanded to other states.

      • Jennifer P

        I live in Chattanooga and I am also living a nightmare. I applied for a loan modification January 14. I was told that it could take up to 4 months due to the number of applications. By May (over 4 months later) I was really struggling to make my payments. I called to get an update and to see if I could make a principal and interest only payment. I was told that my application was still being reviewed. I was allowed to make the principal and intrest only payment. In June I was still really struggling, I tried again to make a principal in intrest only payment. They would not allow me to do that because I did that the month before. So I received the first late payment on my credit report for my June mortgage payment. I called the first week of July to make the June payment and see if there was anything that I could do to prevent reporting to the credit because I had perfect credit, of course there was nothing they could do! I told them that I had anticipated this happening and that was why I applied for the modification in the first place. So he offered to give me an update on my modification. I was told that I needed to fill out a more in depth application than the one I gave over the phone in January and they did not have all of the information that they needed to process my application. Why didn’t they tell me that 6 months ago or in May when I called to get an update?! And now the worst part of this nightmare…I did not have the money to pay my July payment (another mark on my once perfect credit). Last week my debit card was declined at the grocery store. I called my bank and was told that BOA had taken two mortgage payments out of my account and it caused my bank account to be negative $900!! When I called BOA crying and freaking out, I was told that I authorized the payment on there website! This is not true!! They told me that I needed to fax them a copy of my bank statement showing that the payment had been paid and that it caused my account to have a negative balance. They also needed a letter from my bank stating that they were not going to return the payment. I was told that after I send them that information, the money would be back in my account within 72 hours. I faxed them the information on Aug. 4th. I called back on Aug. 6th and I was told that they had not received the documents from my bank and that once they receive, I would only get one of the payments back because it would cause my account to be delinquent if they returned both of them! In the mean time, payments that I have on automatic draft are being returned; bills are piling up; and over draft fees, returned payment fees and late fee are becoming astronmical! I have no idea what to do! I get paid every two weeks but when I get paid next Monday, my check will not even be enough to bring my account to a positive balance! This is a freaking nightmare!!!!

      • chris foust

        i live in collierville, tn. have you made any headway with BOA?

    • sam e long

      Mike……..what if congress is in on this??

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  • http://www.BigBearTopAgent.com Chuck Hurd

    BofA was pummeled with bad loans from Countrywide but good business sense would dictate preperation for this. TARP funds paid by US taxpayors fund the program meant to assist people. I will say I have never in my nearly 30 years in Real Estate ever been treated so poorly by a company as I have in the past few years in the process of trying to sell the property they a bank is so badly upside down in. If I was a stockholder in BofA I would be outraged by the behaviour and subsequent losses as a result of the ongoing incompetency and behaviours of the company regarding attempted short sales. Even my own sister, also a real estate agent had 11, yes eleven offers on her home over the course of 2 years to which NONE, thats correct, none, were even responded to by BofA.
    It took 5+ months for me to get a return call from them on the last one I sold after 5 buyers went away and then they wanted ALL paperwork back to them in 48 hours and wanted me to diclount the commissions instead of thanking me? They should be ashamed of this type of behaviour. But if they are sued and the plaintiffs win undoubtedly we as tax payors or the stockholders end paying for the judgement or sttlement. What should happen is the people dirctly making the decisions should be accountable. Not us. We already pay tax on tires 27 times before we buy them in a store!

  • Ebraheem

    It is about time some courages poeple comeforward and do the right thing, I am looking forward for this lawsuite, to succeed, I hope the home owners do not settle. Last year BOA denied one of my client loan of 140k since the buyer deposited cash of $3300 in his account, the underwriter felt uncomfortable about the loan, I lost two sale becasue of someone attitude, that violate the law. The underwirter always hidden in a secret place, no one allowed to talk to them

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  • Kevin LaValle

    BOA is the worst lender in this country. One department does not know what the other is doing and it reflects in their lack of quality of services.
    BOA put me into foreclosure 2X

  • Antje

    I abhor BOA, but what other banks are there that have their head on straight and is not on the brink of closing themselves? I found out today that whenever I use a non-BOA ATM, on my statement BOA charges their own fees under the name of the merchant’s ATM. Makes me wonder how BOA can take $ from my account, without my knowledge of who is actually taking the fee, and for what. How many other times are they charging mine (and others) accounts using a merchant’s ID that we are familiar with and overlook it?

  • Isabel Santamaria

    We used to have Taylor, Bean and Whitaker and they went bankrupt and our loan was sold to Bank of America which we found out weeks after it happened. Bank of America is not abiding to loan modification regulations and being fraudulent with my mortgage payments. BOA is barely helping anyone with the 45 billion dollar bailout money provided to them for this purpose. They are intentionally prolonging the loan modification process in order to foreclose on homes especially the ones with PMI like in my case. I was lied to over and over again. I have only missed one payment (November 2009) which they told me back in September 2009 that I had to at least miss one payment in order to qualify for a loan modification because I was at the time, up to date on my payments. I was pre-qualified in December 2009 and began sending all requested info many times since then, not to mention the dozens of attempts trying to fax the documents and line was always busy so I would always have to end up mailing them. They have lost my paperwork many times or have said that I did not submit all documents. Excuses, excuses. To this very day I have not received anything advising me that I was denied a loan modification or that I did not qualify due to the info (hardship letter, bank statements, pay-stubs, etc) provided to them. They sure do send me with quite consistency via certified mail “Letter of Intent to Accelerate” though but have fully lacked responsibility in their wrong-doings. Furthermore, I have paid every single month since November as instructed by them in order to avoid foreclosure and now they want to start foreclosure proceedings soon as per their threats. We did acquire the assistance of an attorney which luckily will mostly be covered by my husband’s legal plan with his employer. The attorney asked BOA for all accounting on my account and not to my surprise they are badly mishandling our funds and charging us ridiculous and excessive fees to boot. They post some of my full regular payments as “miscellaneous” or “partial”. My escrow surplus is missing and payments are also missing as well. They say we owe 4 months when in reality we only owe one and probably it will end up being 2 months because we do not have money yet to send a payment this month even though we have been paying every single month except November. Bank of America is taking extremely long with our loan modification so that we can default even more and then they will gladly take our house, they will make more money that way instead of modifying our loan. Our hands are tied since we cannot refinance this house because our credit is bad (of coarse Bank of America is reporting late payments as well) and our house is worth less than what is owed. Bank of America are crooks that are just trying to take all the money they can get before they take my house and they have even kept my escrow overage and have not even applied it to my payments. Here we are paying every month and we still can lose our house. I could have been saving all that money I continue to pay them and just stop paying the house if that were the case. Every time I call them, I am given a different amount owed (one day it’s 6,000 dollars the next day it might be $3,000 etc) and they are not trustworthy at all. To make matters worse, my last payment coupon says that my monthly payment is more than $1,600! I can’t even afford my regular payment of $1,215.75 as it is. I cannot believe that my home and my family’s future is in their hands. I am tired of speaking to these liars and I do not care if they see my complaint because I have all the proof in my possession needed to also file a lawsuit against Bank of America which I will certainly do eventually. The Attorney General of Florida is also aware of my case and also believes there might be fraud involved. To make matters worse, BOA has horrible customer service and they ask personal questions and also give suggestions that are uncalled for. One representative even told me to rent a room in my house to bring in extra income so I can pay my mortgage. I am not going to bring a stranger in my house with two small children. We have an autistic son with special needs and we have nowhere to go if we lose our house. These people need to be stopped. They should have never received a penny from our tax dollars if they were not going to help people.

  • Ebraham

    I need an attorney name in Houston/Pasadena Texas, area to talk about a bank who refuse to give my buyer a denial letter, This buyer was approved for the loan, then the underwriter decided no to fund the loan, because the title issue, then three extension later, ( it is HUD house) athey thought they might fund but they did not. NOW HUD requesting denial letter in order to release the earnest money
    thank

  • Rosangela

    Going thru nightmare with BOA now. Need lawyer. No or very little money to pay for honest, rabid-nasty attorney willing to bring BOA down or bite a big chunck out of them. Please contact me

    • KIM JACOBS

      I HAVE BEEN DONE WRONG BY BOA AND NOW MY CREDIT IS RUINT….PLEASE LET ME KNOW ABOUT THIS LAWYER…THANK YOU

  • Laura

    I’d love to be party to this. I’m in WI. If anyone knows of a lawyer or class action being filed in WI, please let me know! I am doing some research here to learn what I can about the process.

    Non illegitimus carborundum!

  • Susanne

    I have been dealing with BOA for 11 months now trying to modify my loan to no avail. they have definitely pushed my last buttons their latest plan makes our payments more than what they were before. How does that help me. Please if there are any Class Action Suits in Virginia email me and let me know I am desperate at this point and do not want to lose my house because of BOA.
    Thanks

  • Terry Stafford

    I have been dealing with BofA for over a year with no avail. Need a good attorney in Louisiana, any suggestions please email me

  • http://faithinforeclosure.blogspot.com/ Teresa in Denver, Co

    My loan mod process ended Wednesday and I am now in pre-foreclosure with many daily autodialer calls from BAC Home Loan Servicing. The kicker in my case is that they GRANTED me a loan mod on 12/31/2009, then canceled it two weeks later because they goofed. Apparently, there were up to 9,000 people in my “batch” who had this happen to them. After months of fighting, they said if I paid $9,000 lump sum they’d do a loan mod. I didn’t qualify for HAMP, this was just a Bank of American and Freddie Mac thing.

    Where can we get justice? If there isn’t a class action, is it worthwhile and affordable to have a private attorney?

    I really want to keep my house.

    • Tom

      We also had a TBW loan picked up by B of A. What a mess here in Colorado! Where are the attorneys for the people in this state???!!

  • http://www.sarasotahomesforsalenow.com Mike Payne – Sarasota Realtor

    @Lani – You hit the bull’s eye with your BOA comment, “…too big to give a damn and get another check.” Pitiful but probably true. BTW, glad to see another English major :)

    @Rhonda & @Jennifer @Susanne @Isabel (and everyone else struggling with loan modification) PLEASE consider hiring an proven real estate attorney in your area who understands QWR (qualified written request) and Forensic Audit. I am a Sarasota, FL, real estate agent helping homeowners avoid foreclosure. I’ve been around several “bad” loan mods – suddenly, when an attorney who knows what he/she gets involved, alleges RESPA/TIL violations these banks have moved VERY fast to modify permanently.

    From these attorneys, I hear repeatedly that banks do NOT want federal suits brought against them. I’m sorry to hear so many horror stories from all of you trying to save your homes. Why do we “little” people have to fight so hard and lose so much sleep?

    It’s kind of funny in a demented way how our elected officials threw BILLIONS of our tax dollars to bail out bankers & now we are left fighting like hell to save our underwater homes.

    Just wait: as soon as some very smart attorneys discover a way to FORCE principal writedowns or strategic defaults (with no recourse from bankers), I predict mass exodus.

    Every day in Florida I face a property owner 30-50% underwater. One guy I’m helping right now has $824,000 debt on a property worth $486,000.

    Go get ‘em, Texans!

    Mike

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  • http://thewestchesterview.com Ruthmarie Hicks

    OK – I’ve got to say it…All of a sudden the right-wing says “YEAH – SUE ‘EM!” Good thing there are some dems around to BLOCK the methuglican right wing from preventing such law suits… Food for thought. the right to litigate is there for a REASON. Next time you guys want caps on punitive damages – I will refer you back to this article.

    Having said that – I vote with my feet. I won’t use a BOA lender even if they are the preferred lender at my brokerage and offer me freebes. Won’t do it. Because I feel that given how they are running things on the short-sale end – my buyers deserve better – far better. That’s what we have to do. Suggest Loan Officers and even mortgage brokers who have a track record and don’t put buyers in harms way if something goes wrong. And yes, I agree. I hope they don’t back down and I hope they WIN. They might have a better chance in a blue state though.

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  • D.P from palmdale,ca.

    Looking to hear from borrowers with Mortgage management consultants inc. We’re going through sleepless nights with out loan mod. and now on pre-foreclosure proceedings. We’d like to save and keep our home. There is a “non-profit” oranization we attended, we where being asked to become a member to join their cause to help stop foreclosures by filing a class action lawsuit against lenders. They are naming and adding mortgage lenders to their list when they file their lawsuit this coming Dec.2010.

  • http://www.cheercounseling.com Linda Falkner

    I am contacting attorneys about starting a class action law suit against BoA for their loan and modification abuse in Florida. If anyone is interested, please e-mail me at linda@cheercounseling.com. If any attorneys are interested in taking this case, or can refer me, please contact me also. Thank you.

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  • Donna Marie

    WOW- all of the above.. We have been thru, nothing but runaround, ignorant customer service people, and absolutely no service let alone HELP! Husband was unemployed for 15 monhts Sept 2008 and Dec 2009) and it took me more than 3 months to get nowhere in an application for a modification- ended up contacting Bank of America corporate offices, another month later we were offered a new loan payment more than $100 more than are regular payment!!!! That was in early 2010, my husband found a job at a pay cut and I found a new job, also at a pay cut. I was formally employed in a mortgage brokers office locally. I have since left the industry and redeveloped a new career path.
    Of course we declined, but only then they initiated contact by sending packages requesting more information (after we refused their offer) in which we ignored all of their correspondence… only to find out they actaully entered our loan into a program and as of August 2010 was showing more than $8400 past due!!! Never heard a word from BofA, I actually read a statement to check my escrow balance since we had made are our regular payments all along, but the best part is they cannot find any of our payments since May of 2010!!! Each and everytime I try and get any answers, its the same hours upon hours of being transferred and left on hold, only to get nowwhere, I sweat they hire monkeys and give them a script to just say whatever they want… I am going crazy over this mess and now have a home worth less than we owe…. I have complianed my attorney general office in Pennsylvania and just this morning contacted a lawyer. I am hope to sue for everything I can, including mental and physical damage, back fees and penalties, and utlimate I want BofA to eat my mortgage altogether. since they are the 3rd owners of our loan, maybe they can’t even prove we owe them at all!!!!! Good luck to everyone, I am not giving up, I have been at my lowest over this but beginning to get optimistic about sticking it to ‘em with my new lawyer!

    • eydie

      wow……….finally someone else in pa that is going thru what we have for almost 3 years now , i would love to sue them also. any attorneys out there in pa willing to help us ? keep in touch….

      • Susan

        Edyie – I am with you. It is now going on 4 years for me! I had 3 prior mod appravls and all of whiuch I was told were never completed becuase “i fell though the cracks.”

        I actaully just filed another complaint w/ the PA Attorney General, this morning. I did so last June, wound up w/ sec to CEO contacting me, in July, by late august was rolling w/ paperwork for Mod, did 4 months of special forb/temp mod, january faxed all paperwork down, was told received 2/13, assigned to mod negotiator on 2/17 and when I called yesterday – leaving out alot of calls to find out whom mod neg was- he told me hae had not “realized” my file had been assinged to him!!! So another 3 weeks of no where…so when are we starting that Class Action for PA residents?

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  • Christine M

    NJ Here, Hve lived the same nightmare with Bank of America for the past year now. I still cant believe so many people in the same boat.

  • Gage Martin

    The way I see it is that I have painstakingly provided all documents that BofA requires for HAMP. Its been 10 mos and I have been more than patient. Now I’m at serious risk of losing my home, even though I’ve been paying my trial payments in a timely manner. Throughout this process, BofA has not been forthright, continuously misleading me and changing dates repeatedly. When I sought answers, they instead transfer me internally and give me the “run around”. BofA has failed to adequately review my account status while continuously charging me interest and late fees. Objectively, I believe it is on purpose that BofA drags their feet, and all the while charging these high fees.

    Any suggestions for a frustrated Hawaiian homeowner? Please help.

  • S in CO

    All of the above has happened to me in Colorado. I will sign petitions, whatever – email me if you need another sad story to add….I’ve got a good one. Abusive practices – downright criminal.

  • pivotalrole

    I’ve been working for over a year to get help and was encouraged by BofA to run up any and all debt necessary to keep making my payments. The idea was that the more current my account, the better the chance I would have to receive help. Months into the melee I was then told that I had to be officially “past due” before they could even submit my request for help. So after tapping every resource at our disposal we had to purposefully miss a payment for them to even begin the process. Painfully, we wouldn’t have been able to make that payment anyway and I told them that a month prior.

    The latest is that I was told that the loan holder wasn’t participating in Help for Homeowners at all. The loan holder is Wells Fargo. Moments ago I got off the phone with WF and lo and behold, they certainly are participating. I’m sick of BofA outright lying to me. I’m just about ready to go the news with this. I can’t tell you how many hours I’ve spent on the phone only to receive conflicting information from one call to the next. And no one is held responsible….ever. They could tell me that a unicorn was on its way with my modification documents and I would have zero recourse to call them on that. The only thing I ever get is, “I’m sorry they told you that, but they were wrong.”

  • TONY

    I JUST READ ALL THIS COMMENTS ABOUT BANK OF AMERICA AND I AM PROUD OF PEOPLE IN TEXAS I WILL LOVE TO JOINT THEM IN THE CLASS A LAWSUIT ITS GOING TO BE A MIRACLE TO SEE YOU PEOPLE WIN THIS WHEN YOU ARE FIGHTING AGAINST THE GOVERMENT BANK OF AMERICA IS OWN BY THE VATICAN WICH SENDS LOTS OF MONEY TO ELECTIONS AND MAY BE CONTROLLED BY THE CIA S GOOD LUCK IT BE NICE TO ORGANIZE THIS INTO A NATIONAL CLASS USA BIG TIME LAWSUIT AND LET THE GOVERMENT KNOW THAT THE PEOPLE OF THIS COUNTRY ARE STRONG AND NOT WEAK AND UNORGANIZE

    • Janie

      I would also love to join a law suit, BOFA really did us wrong, we were in the process of trying to get a modification and our attorney was told they would not sell the house they sold it anyway. I spent numerous hours on the phone with them and never have gotten anywhere. If you know of a Texas Class Action Suite please let me know.

  • LP of PA

    I am appalled with the lack of service and the lying that I have received from BAC. They ARE the worst banking institute of have ever did business with in my life. Like those above me, I to have received the run around and number disconnects. I applied for assistance in April 2010 and ‘I’ called repeatedly for a status update and was told several times that everything was ok. Only, to find out several months later, that I was denied because of “residual income”. To top that off, I received a “Fedex informing of my credit check was the reason.” Tell, if you are asking for assistance how could anyone have “good credit”…. if the bills are behind – go figure BAC! I recently contacted them to find out “BAC is introducing a “new” set of rules…. You have to qualify for assistance, did they qualify for the $25 billion for the government bailout money to help struggling homeowners, other than saying “yea” we will help!… Liar, liar pants on firer!

    Retrieved Oct 20, 2010 from livinglies.wordpress.com/2010/03/24/class-action-lawsuit-against-bank-of-america-%E2%80%93-bac-victims-can-join-the-lawsuit/
    Again, the government needs to do something, they have (Bank of America) accepted more than $25 billion in government bailout money financed by taxpayer dollars earmarked to help struggling homeowners avoid foreclosure. One in eight mortgages in the United State is currently in foreclosure or default.

    Bank of America, like other TARP-funded financial institutions, is obligated to offer alternatives to foreclosure and permanently reduce mortgage payments for eligible borrowers struck by financial hardship but, according to the lawsuit, hasn’t lived up to its obligation.

    Bank of America services more than 1 million mortgages that qualify for financial relief, but have granted only 12,761 of them permanent modification, reported the U.S. Treasury Department.

    According to the TARP regulations, banks must gather information from the homeowner, and offer a revised three-month payment plan for the borrower. If the homeowner makes all three payments under the trial plan, and provides the necessary documentation, the lender must offer a permanent modification.

    Bank of America continues to ignore TARP regulations and instead creates more financial pressure on homeowners, the court filing states.

    The lawsuit charges that Bank of America intentionally postpones homeowners’ requests to modify mortgages, depriving borrowers of federal bailout funds that could save them from foreclosure. The bank ends up reaping the financial benefits provided by taxpayer dollars financing TARP-funds and also collects higher fees and interest rates associated with stressed home loans.

    • Eric

      So, doing some quick mental arithmetic, 1 million loans, $25 billion dollars…that means BoA has received $25,000 for EACH loan that is eligible for modification. And they can’t process the paperwork? Hmmm….

      If they would’ve given me the $25K I certainly wouldn’t be struggling to make my payment. My wife and I were both laid off in Feb. 2010, started the loan modification process around March, filled out all their paperwork (twice!), and now not a word. We’ve actually made all our payments, and I theorize that they won’t actually do anything to modify unless you’re already behind. Even though they say otherwise.

  • andrew, tucson, arizona

    Bank of America took over servicing of my $251,00 mortgage from First Franklin Loan Servicing. While my checks were received, I could no connect with anybody inre mortgage modification. this raises the question: Is Obama’s “Making homes affordable” for real? I wanted the modification forms, called the BAC, got a run around for over 30 minutes. Nobody knew what I was talking about – everybody was transferring the call, and putting on hold lasted ca 30 minutes. ASK YOUR CONGRESSPERSON; ARE THE MORTGAGE MODIFICATIONS FOR REAL? OR ARE THE AN OBAMA PLOY?

  • wally staff

    If you want to straighten out the whole economy, then force the banks to reduce the princible amount of the home mortgages to a current value of the homes in question. this is too simple and maybe too expensive for the banks who got into the stock business.

  • Marsha

    how can I get in on a lawsuit agianst Bank Of Amercia?

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  • Gil Hamilton

    AMBUSHED BY BOA I am a Real Estate agent who had listed a property mortgaged by BOA. I got an offer by a well qualified buyer and we proceeded to work a short sale with BOA. I complied with all requests for info via their “equator” site and was in constant contact with reps to insure that things went smoothly. At a certain point I was told that the foreclosure was going forward inspite of the continuing activity on the short sale but that I should contact the “negotiator” and request a suspension of the foreclosure until our sale process was resolved. I sent a request via equator and then followed with phone calls. The foreclosure went through any way and of course the sale died on the vine. Some days later, I began to receive “counter offers” from BOA on this same property with deadlines for our reply. To add insult to injury, that same property came on the market at a price well below the amount offered in our contract! When I contacted BOA about this they acted as though we were never in negotiation in the first place and couldn’t explain why we were still “working” an offer even after they had taken the property. The buyers were of course upset, and the previous owners had to suffer an unnecessary loss because of the inept handling of our offer. Not to mention my loss of income. I’m sure that I am not the only agent who had this happen. BOA needs to be held accountable for these actions.

  • TONY

    this is to everyone outthere with problems with bank of america i am to inform all of you people outthere that bank of america and the goverment is the same institution why do you think that the goverment let bank of america do whaterever they want to do with anybody do you ask yourself why. i tell you why who do you think pays 100 million dollars for the president campaign for elections thats bank of america. thats why you people will never win a lawsuit against bank of america thats why they have a license to steal your money anytime anyway they want unless we all meet in washington i am talking everybody that have a problem with bank of america and talk to president obama there is no other way to do this.

  • Edna J Lolly

    I have been trying to get a loan modification for almost 2 years with Bank of America(who bought out Country Wide) who I took out the home loan in March 2006.–It took HUD official just to get BOA to begin anthing to lower my payments AND i HAD BEEN CALLING SINCE OBAMA stated his plans for HOPE. since My husband died and I lost an income. I finally got a packet to apply for loan modiication after about 6 mos to a year.I gave them all necesary documents they wanted(I am on Disability and Widow’s Pension and my 79 year old Father who lives here-his name is on the loan as well is on Disability.his name is Joseph Teague.I get a letter few mos later saying I had missing documents but never said what was missing nor could anyone at BOA tell me.They wanted a second set of documents sent in again. I immediately gave them every document they wanted and sent in within 15 days( even called BOA and they said they got them within 15 days.. Next I get another threating letter saying –Another Lie–I didn’t get my documents within 30 days and their was missing documents again. I called and was on phone 2 hours(as usual–been going on 2 years) getting transferred from one dept to another and then back to same dept and 1 girl took it upong herself and found my paper work which they had received in 15 days not past due 30 days and all the documents were there. She filed an appeal for me Since they also stated in the threatening letter they were going to foreclose on me if I didn’t come up with 2500.00 for month of Oct.(the $200 per month behind I was since they gave me permission to pay this amount. They told me in the beginning, we will reduce your payments by 200.00 per month until we see if your approved for loan modification and it will not ruin your credit. I find out later they report it to credit bureau that I am 200.00 behind each month. Now finally, after calling every day– I get a Packet from Fed Ex on the 13th of Nov. on a Sat. I guess Fed Ex could have left on door step the night before.It was dated Nov.10th. They demand paper work again filled out and a Cashiers or Money order sent of new payment of 722.67(but letter said first new payment due Dec 1, 2010-don’t make sense when I had already sent in 723.20 through online banking and I was to have it in by Nov. 23. (giving me only 10 days) I called my bank to try to stop payment of 723.20 from going through so I would have the cash of 722.67 in my account I could pull out and send in cashier’s check with the paper work,but it was too late by one day to do this–therefore I didn’t have another 722.67 to send them and at the end of month there isnot much $ is left after paying all the bills. I called Business Office on Nov. 13th to see if they could hold the funds and put back into my account so I would have cash money to pay with cashier’s check. I paid Nov. 16th and now they want me to pay again Nov. 23 and also pay Dec.as well. They said the money had not cleared–but it had. They said the next day they had to keep that payment and I would have to send aother to BOA in same month or I may be in danger of them turning me down for loan modification. I sent the paper work back the next day with copy of online banking showing my payment had already been paid for November. I callled and again was transferred around the world and back and a girl said she would send email to under writer explaining my situation and I asked her to ask underwriter why couldn’t the payment I sent on the 16th take the place of the cashier’s check? After 2 days the girl did call back and stated underwriter stated” If I don’t wire a cashier’s check in the amount of 722.67 by Nov. 23 he could not guarantee my modification would go through”. The girl said wire to BOA, TX along with my loan #. I have never been late or not paid any payments to Country Wide(BOA bought them out) or BOA since March 2006 when I bought this home. They gave me permission to pay 723.20 until they decided if my loan modification went through which has taken almost a year. I called the bank to take out a loan of 750.00 to send to BOA and they say my credit is ruined due to BOA reporting me being behind $200 each month. Could not get loan. Was going to pawn my car today Nov 23 but I called and got a supervisor finally on the phone nov.22 yesterday afternoon and he said,You can’t send a wire–you have to send a cashier’s check and over night it. I told him I was instructed to do so by the underwriter according to their phone hel.He said they were wrong. He said if I had called on Nov.13 telling them I wanted my payment which went through on online banking on Nov. 16 to be my payment all would be well. I told him the Business office said they could do that and I did call them on Nov.13. Anyway, the supervisor said just wait and see what happens and call every 2 days. I have been through mental anguish since my husband died in 2007 and have been calling them since then to get help. Here it is 2010 and still no help. I want my name to be put on Class action Suite as well. Thanks for listening Edna J Lolly(a Victim of BOA)

  • Lori McKibbin

    Is there a current class action suit that a resident of Ohio can get involved in? My nightmare with BOA continues. I have filed a complaint with the Attorney General and the Federal Trade Commission (no response from the FTC yet). I have made my payments and have evidence but they continue to show me behind and are threatening forclosure even though their own loan history online shows they received my payments.

  • Barbara

    I have a similar situation with Bank of America. I had a call from an attorney in California saying I was eligible to join the lawsuit but it would cost me $5,000 up front but it would keep me being foreclosed upon. Has anyone else had this offer or is this just another “scam”?

  • On the same ship

    stopforeclosurefraud.com This link has some helpful information to see if your loan note list the MERS. This is maybe the reason why BOA is refusing to acknowlege our request for home motifications we all have the same stories. I have requested a copy of my file including the Note that was originally through Countywide. This may help you as well. It states 60% of the loan notes they have forged signatures. If you did not start with BOA this may help you too.

  • Alette

    I have also had my 15 month nightmare attempting a loan modification with B of A. I want to get a group of people together to do in California what these smart Texans are doing here. Contact me at AlettePrc@aol.com if you have had a nightmare experience in California with B of A. If there are any killer class action lawyers out there I need to talk to you immediately!

    Please email me as soon as possible. We need to get this going.

  • http://www.blog.movoto.com Agent for Movoto

    It is REALLY about time that this happened. Also, I can’t believe no one’s said, “Don’t mess with Texans!” in these comments yet!?!?

  • Sarah Del Monte

    Unethical deceptive lending and fraud Where do I sign up

  • Denise Kelly

    i would like to bwe apart of this lawsuit. I lost my home in april 2010. Bank of America would not work with me at all. single mother of three. they are rude as can be. where do i sign up in st. louis mo. anyone know?

  • Rebecca Hicks

    My husband and I are having problems trying to get to a BAC home loan mod. We have been given wrong numbers on documtation, by employees, from all over. A S. Fl. office gave me a number in Houston, TX and it was a Comcast office number. We have gone to the Baytown, TX location and were given the same run around. More wrong numbers even a number that had been disconnected. We really need this modification due to my husband being layed off his job for two months and I am on SSID and unable to get a job for my self.
    If there is a lawyer in the Houston, TX area that would like to help us in this matter please contact us. There are other class action suits filed in Tx. I would also be interested in joining on. BAC needs to learn how to do proper business and treat their customers respectfully and in a timely manner.
    What has happened to this country when it is common practice to not give good customer service? No one cares or even thinks it is the right way to treat your paying customers.

  • PatG

    ;} 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

  • darlene

    I want in on this lawsuit.. I argued and fought for 2 years now, and they foreclosed on 3/4/11.. This is by far the worse bank I’ve ever dealt with. Boycott them in everyway possible!

  • Nick Sanders

    Please, please help me. I have the same problems as stated above in Texas. You would not believe this story. I too have a 2 year story that is just unbelievable.

  • Vicki

    I also have experienced a similar situation but BOA pd my homeowners INS twice in 2010 from my escrow account & it caught up with me when my taxes were pd & my house pmt increased $408 a month. I have documentation of all trouble I went through when I received foreclosure paperwork & eventually pd thousands of dollars and my escrow is still messed up. I spent over 2500 hours on my phone in one month. Help! Having health problems & feel helpless. Interested in participating in class action.

  • Janie

    I also lost my home in 2009 and BOA really put me thru the ringer, I am in Texas and would love to be in on a Class Action Suite against BOA. These people are so incompentent to work with. I had all of my paperwork turned in and had a lawyer present me. They still Actioned off my home even when they said they would not. I did qualify for the HAMP Program but it was too late once the Auction happened. Oh by the way my home that was foreclosed on has been sitting empty of for over a year and still owned by BofA. I spent 8 plus hours on the phone with these people one day getting transferred around just on this issue. But, I had contacted BoFA many many times and still was not offered any help. Only to find out that once it was Auctioned off there is no-resending laws in Texas. I have lost money on the attorney and not to mention how much it cost to move.

    • K Maples

      Janie, I feel for you. We were foreclosed on TWICE by BOA, first on Jan. 5th 2010 and again on June 1st, 2010. Both were rescinded (March 2010 & Oct. 2010). I was diligent. Spent hours upon hours calling BOA, filed a complaint with Texas Attorney Generals office, the fair trade commission and HUD, BOY That got their attention! LOL We are now facing foreclosure AGAIN on June 1st 2011. Heaven help me keep my sanity! We DID qualify for the MHAP in May of 2010, Sent our paperwork, got confirmation it was received. Was give some more paperwork saying what our trial perios payments would be etc. Our FIRST trial period payment was due June 1st, 2010. Yes, the same day we were scheduled for foreclosure. Was told the sale would be postponed while in the trail period. LIES LIES LIES! Mr. Travis Snider our BOA negotiator in Richardson Texas "FORGOT" to cancel the scheduled foreclose sale for June 1st. So we were foreclosed on the SAME DAY our first trial period payment was due. Go figure! I have asked BOA several times now how can you foreclose on someone the SAME DAY their trial period started?!?!?!?! No answer. Just more run around! Its a Breach of contract isn't it? I do have a signed and accepted Loan Modification Contract for the MHAP with BOA from May 2010. Any Texas Attorneys out there willing to start a class action lawsuit. I know I am not the only person this has happened too! I have every call made to BOA from Nov. 23rd 2009 to today logged, dates, times who I spoke to, each dept I was transferred too. Also have a witness from a NONE Bias Credit counselling service that was on several 3 way calls with BOA which she recorded of them telling me the foreclosure sales would be postponed, that we qusalified for the MHAP and acknowledged receipt of our documents. Oh! Now BOA says we don't qulaify because we are over a year past due! We paid BOA over $10,000 from June to April '2010. Where did our money go? Gee if they didn't drag their feet, if their employees weren't so damn incompetent and were held accountable, if the right hand knew what the left hand was doing, if you could ever speak to the same person twice, If their employees didn't lie, If they knew where I money went …. WE WOULDN'T be over a year past due!!! BOA a bunch of FREAKING INCOMPETANT MORONS!

  • R Wilson

    What happens if you have an attorney file suit against Bank of America for all the bad, illegal and gross conduct, and you win the suit? Does you mortagage go away? Do you simply retain your home? I've witnessed a few people appear in local district court that have filed a suit against BAC and the Plaintiff appears with their attorney but BAC does not show. So does the judge rule in favor of Plaintiff and if so what happens next?

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  • Bill McAuliffe

    For over 3 years I have wondered: "What the Heck is up with Texas?" I lost a condo in Az. which I could no longer afford. I was stupid when I bought the place, especially w/o using a real estate agent. But my Lord! The number of entities that followed Countrywide's bankruptcy, (i.e. "BAC Home Loans Servicing, Recontrust, Bank of NY Mellon, and now converting BAC "customers to "Bank of America". I saw the recording documents and Citi Bank actually held or holds the "Note" then/now or both ? It's so convoluted; I don't see how even an experienced Attorney could sort this out. This is up to all of Our Attorney Generals. I hope they finally "Get it". It's got to be a tax refuge thing.

  • Judy Dempsey

    We have been trying to do a short sale with BOA for over a year with no results. We are some of those stupid people who paid too much for a 43 year old home and now cannot get anywhere close to the amount that BOA thinks they need. We were not told the true condition of the house when we brought it,the inspector was a friend of the buyer. We were not told of plumbing problems, roof repair or foundation problems which has added problems in trying to sell the house. The last contract submitted was rejected because BOA said buyer was related to us! He wasn't and I do not know where they got their information. This is a small town and word has gotten around that the house is too expensive so we have not had anymore offers. People just waiting for it to go on the auction block hoping to pick it up for a lot less which does not help us. We tried right from the start to get a loan modification because my husband had to take a cut in pay and hours but BOA would not help us said we did not qualify since guidelines set by the government are based on gross not net, who gets gross?It seems to me that through this whole process and everything that I have seen on-line that BOA does not care about helping anyone! I do not understand why they cannot be regulated by the government more than they are and help all of us!

  • Poverty Princess

    To all of you who sought mods,OMG,you have my sympathy. What has happened is BAC probably never had your original signed mortgage doc and note in their possession. They purchased loans (names) from fly-by-night companies and brokers to bundle to be sold on the Security Market. (The paper documents may have been shredded as to avoid clutter.) Many of these quick profit outfits now have claimed bankruptcy or gone out of business. Many title insurance companies now too are out of business due to all of the clouded title issues. Those guys and investors got or will get their payoffs in the form of ongoing proceeds of servicer collection attempts on those securities. Payoffs were granted through their work to gather enough loans quickly for bundling and/or hope for return on investments. Many suffer great loss however–reason for the government stepping in to acquire settlements from the banks for those investors. Keep in mind most of these mortgages (loans) are subprime, high risk–doomed to fail. Now through modifications, the servicers (whom are not lenders) are after new signatures from you in order to someway validate debt. Many foreclosures are not legal based on those terms. The modification games played are to keep you worrying and guessing, all the while–while they're conniving and collecting (enabling funds to pay those payoffs on the security per quarter or annual proceeds.) Best advice is, when you receive notification or threats about the debt or foreclosure, within the designated time alloted (30 days), sit down and write a letter of dispute. Don't pay them a penny. The party servicing your alleged loan under law can not report you to credit bureaus during your entire dispute time. Only the holder of your original documents can enforce and act out the foreclosure procedings. Then get a real estate attorney to justify what may be the best thing you've ever invested in–your real estate transaction recorded properly in your local land records office with intent of a note holder to record a satisfaction piece at release of debt should that ever occur–or the potential loss due to the never ending fraud. At least then you'll know you didn't go down without a fight. God Bless each of us going through Hardship and Hell. Keep the faith…that we will enter the golden pearly gates and there, there will be a room for you…

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  • WTF in CA

    I have been in the legal profession for over 30 years and have never seen such gross incompetence if not outfight fraud as I experienced when I made an initial inquiry regarding modification w/BoA. Never had a late payment ever yet they managed to give me a runaround for almost a year, until I finally said I'm no longer interested in the program…yet they had impounded my account and continued the impound, told me the escrow set up was a mistake and not to pay it, then dinged my credit and sent me a Notice of Intent to Accelerate when I followed their directive.

    This is a criminal enterprise and I wish the powers that be would get serious about protecting consumers and not the banksters.

  • Howard Caldweell

    I am undergoing a nightmare with a Bank of America home loan. That
    bank, apparently already bankrupt, is engaging itself in a list of
    criminal activities against homeownwers. These include fraud, fabrication of numbers, exaggerated amounts due, false past due notices,
    blackmail, and extortion. I want to join a class action lawsuit against
    Bank of America Home Loans. We need to right kind of attorney for this.
    Please contact me at howdwell@gmail.com.

  • http://www.housevaluecheck.com Aram Arakelyan

    Bank of America did not modify my clients $360,000 home loan.
    Foreclosed on the property and sold it for $220,000. They took the tax payers money (tarp)when they needed it…now they took his home…

    Aram Arakelyan
    Your LA Broker For!
    housevaluecheck.com
    Realty Needs Network
    DRE#00935978

  • Steve

    I am a service member who relocated a duty station where there was no on post housing and do to a policy that the garrison had, we were force to find a home within 2 weeks of arrival. So in 2006 we purchased a home that we affordable due to the housing allowance that military authorized. However, when the Surge began into Iraq i was called away for a 16 month deployment 2007-2009. during my final months in the combat zone i received notification that i would be relocating to my next assignment. However during that time the mark had flipped and we had become $100K upside down. We tried to rent but to match or even come close to our mortgage was impossible. I began to notify Bank Of America that i would be having a problem making payments.
    Upon redeployment from Iraq, i was forced to relocate, lost my housing allowance and began to liquify my savings as i worked a "Short Sale" with BoA. After 14 months and nearly loosing my Military Security Clearance BoA finally accepted my short sale and the house was settled. I know that if i had not been ordered to relocate this would have not happened and i would not still be attempting to recover financially from a home that i dropped $60K into.
    Bank of America was going through their Country Wide transition at the time and always seemed to have lost my file, i am so disappointed them as a bank.
    If there is a class action or any type of compensation that anyone has received for similar cases?

  • K. Maples

    Governor Rick Perry of Texas is running for President. I pray his campaign people read this and advise him to please have the Texas State Attorney General's office file a class action lawsuit against BAC – Bank of America home loans! I posted in April. I was mistaken when I posted BOA was foreclosing on us for the 3rd time in June 2011. Surprisingly, they haven't done anything. Last payment we made and they accepted was March 2011. So basically we have been living rent free. But I'd rather make a monthly house payment and be able to sleep at night knowing the house I have invested in will be our home. The Texas drought has taken its toll on our foundation and our front yard is pretty much just dirt now. I refuse to fix anything on this house only to have it taken away from us and since BOA will not return my calls or do anything. I did manage to get the phone number to the secretary of the CEO & President Heather Hampshire (well that is what her voice message says) the number is [redacted]. Please give her a call. I have called many many times, but she won't return my calls! Maybe you'll have better luck?

  • http://www.nationwidealliancegroup.com/maine.html Nationwide Alliance Group

    I am now not certain where you're getting your info, however great topic. I needs to spend some time finding out much more or figuring out more. Thanks for great info I was in search of this info for my mission.

  • http://www.nextpay.com payment processing

    They have ruined my credit after going through this modification program. I currently get foreclosure notices daily…even though I am current on my mortgage. Plus they are charging me late fees when I’m not late. Don’t understand all this. Need it to stop ASAP. Help.

  • cynda lee

    Bank of America is the worst bank ever!!!!!! They are rude, insulting, always say they cannot get the information they swear, threaten, hang up on me mid sentence, yell. I request and they have been harassing me EVERY DAY 24/ 7 Holidays, Sundays nothing is sacred!!!!!!!!!!!! They start calling 8:30 am and do not stop until 8:45 pm. sometimes it is every 5 minutes for one half an hour other times it is every hour on the hour. Some days it is every 15 minutes all day and the one that takes the cake is that they monitor my phone and when they see I have either received a message or have used my phone, they call in the middle of my conversation and call back every minute if I do not pick up the call waiting!!!!!!!!!! Is not this against some law??? I have been billed and late charges put on late charges for 4 years and four people at BA told me they can not modify my INTEREST ONLY loan so no matter what I pay none at all will be put on my balance. HELP HELP HELP111 I certainly know someone out there can help me and not only do I want this BS to stop immediately I want the entire loan to be erased and a settlement four time the loan amount for harassment pain and suffering and the fright I feel every time my phone rings!!!!!!!!!!!!!!!!!!!!!!!!!!! HELP

  • Piilani

    Thank you to whoever is actually listening to this.  I have been in negotiations with BOA for over 3 years and have gotten as high as the office of the president.  BOA has caused so many problems with an investment property gone bad (intended for our son) that the home has been vacant for 2 1/2 years and 4 potential short sales have been thown aside.  The bank claims they did nothing wrong, the state says the paperwork is messed up.  I have filed with consumer protection, I went through the Comptroller of the Currency and I hired lawyers to review the paperwork.  Now when I try to call the bank all of my calls are automatically routed to the office of the president AN ANSWERING MACHINE and I am assigned to a representative who is not helpful AT ALL.  I am frustrated out of my mind.  The different departments of the bank don’t have any clue as to what the other offices do.  They operate in their own world and take no responsibility as a bank for the wrongful actions against customers.  I have had the run around long enough.  Help me jump in with one of the ongoing lawsuits or find some avenue to resolve this besides the hundreds of calls to BOA that go NOWHERE.  

    • MindyJo

       @PiilaniYou are writing our story.  All the key words described by Denver Realtor, Krystal Kraft, are all that describe our doings with BOA since Oct of 2010.  We bought a foreclosed on house and we were in a hotel for 3 mos before we closed and I believe it was only by the grace of Almighty GOD that we got it then.  The excuses that were used all the while we waited are the same excuses now while we wait through the short sale of the same house after my husband lost his job there in Texas.  It will be 1 year that we have been dealing with BOA on the short sale of our home and they just now TODAY, said, “we have found that all your paperwork has been in the wrong department for 11 mos.”  REALLY???????!!!!!   They lost our paperwork (supposedly…this is a regular practice), we had to send in the same paperwork time after time after time….every excuse in the book was used and now my husband is considering a lawusuit.  We’ve lost 3 buyers because they will not close.  They want us to foreclose so they can say that we made money off the sale of the home if it sells for 80000.00 and it was worth 13000.00.  They totally have sabotaged the short sale of our home. We were trying to do the right thing and the best thing instead of foreclosure and they have fought us every step of the way.  Our marriage has suffered because of it, stress filled lives are now at the breaking point. It’s a sin what that bank is allowed to continue to do.  DOES ANYONE KNOW A LAWYER WHO WILL TAKE ON OUR LAW SUIT???
       

    • Piilani

       @Piilani Update….after BOA had me work with Monique Jones from the presidents office nothing happened and she was impossible to contact and hard to work with.  I went back to the Comptroller of the Currency again saying that my case was unresolved.  They contacted BOA who then assigned me to another person, Tanysha from the Presidents office and she is much easier to work with.  The case is still unresolved but I think we’re finally making progress.  My advice….document everything send it to the Comptroller of the Currency and be agressive until they start listening.
       

  • tammyg

    I have had nothing but problems with BOA. I left my home over a year ago, and put it up for sale with a realtor immediately afterwards. Stayed in contact with BOA the entire time. I was approved for a short sale, had a wonderful realtor that spent money and showed the house several times and faxed the neccessary paperwork to BOA over 21 times to every fax # they gave her. She called them with several offers that were made on the home and BOA stated they did not have anything in their files stating they could speak or deal with her. After 6 months of not being able to get any effective communication with BOA, she had to drop the home. Cant say I blame her, she was spending money and had buyers but BOA would not keep up their end of the bargain and she was wasting money and time. She gave me a name of yet another good realtor in our community. I faxed over a letter giving them permission to speak with him about the account. and yet he too could not get them to respond. I talked with BOA several times and stated to them that I have done everything in my power to get my house sold so that it would not go to foreclosure, and they kept telling me I had to go thru a realtor. I advised them at that time that I could no longer locate a realtor that would touch the house because BOA would not work with them or cooperate I should say, it s almost as  if they didnt want me to sell the home and fail. Well they got it…it was a failure. I also had several buyers calling me and wanting to buy the house. I explained I don’t know what to do or tell them because the bank is not willing to help. they even went as far as to ask for the BOA contact # so they could call them directly and try to get a response on how to buy the house. No response… so because of them I am in foreclosure. Was on the phone with them almost 3 hours last night and after being transferred around 5 times they get me to yet the short sale dept. Advised me I had to go thru the short sale process yet again. Explaining yet again, that no realtor will help me because of them. she advised I had to do it anyways. Paperwork should be in the mail asap. I don’t know what to do because I am unable to get a realtor. The bottom line is I am obviously going to loose the home in foreclosure vs having the house sold long ago. I feel as if this could have been taken care of along time ago and I would not have hurt my credit cause the home would have definitely sold to someone whom really needed it and wanted it. I am at my wits end with this bank, and believe I am just going to let them do what they need to do and I will suffer for it. It seems this should definitely not be right or ok for them to do this or ignore us like this or treat us like this. they will talk to you but only on their time and when they want to let you know they are foreclosing. Actually to add to this long story apparently their was a case worker assigned to me, and after 1 year and a half I still have not been able to talk with him. Asked for his supervisor and could never get a call back or response from them either. HELP, i just need to know if anyone has any direction on anything that I could do to BOA for this action. I don;’t have lots of money, if I did I would have kept my home in the first place.  Any direction on how to proceed with this matter would be greatly appreciated.  Reading the stories everyone else has gone thru just makes me sick but yet relieved to know that I was not alone…. This whole time I thought I was the only one treated this way.