Time for a CLASS ACTION LAWSUIT!!!!!

[tryinmybest]

B of A mods are such a scam...how can you lose documents, payments,
change rules in the middle of the game, be allowed to abuse your customers and keep your job. I REFUSE to be one of their
puppets.

Yes, we can all complain how awful they are (and B of A is the worst)
or we can join a class action lawsuit.

I called Hagens Berman,Sobel and Shapiro today.

Larry, who is handling the B of A modification class action works 3a-11a.
(interesting hours)

However, here is his direct line 206-268-9368. His email is
Larry@hbsslaw.com Any input on this law firm will be appreciated. I
do believe absolutely NOTHING will change at B of A until they are
forced to make changes by law/judge.

If anyone has suggestions on any other law firms please post.

I would also suggest calling the attorney general in the state in
which you live to report these clowns.

You can only cry for so long, getting angry only takes it out on yourself.
It is time for action!!!!!!!!!

Sam

[helpsavemyhome]

Please keep us posted on whether this attorney decides to help. I have been trying to get a mod from BofA for a year and a half now and I only get the run around. I am fed up...

[chasepmt2hot-firefighter]

Amen... The Calm before the Storm...

[tryinmybest]

I spoke with Larry today at the lawfirm. As my biggest issue is that I can
not get them to input my modification paperwork in the B of A computer and take
my payments, I haven't been "injured".

However, they are looking for the "perfect" clients which is most of you.
Someone that is making month after month of modified payments and then is
denied in the end. If this is you, call Larry. I asked a lot of questions. This
law firm does nothing but class action lawsuits all over the country. If you
view their website you will see how many lawsuits they are involved with.
He did mention they have already filed against Wells Fargo and are looking
to file against B of A.

[wallie]

Does anyone have details of who to contact for a class action suit against Wells Fargo for our property in Georgia?

[chris516]

I am not in trial payments yet, however Ive been at this since sept 2009. All I have is an increased payment since APril 2010 where they added escrow. SO now my payment IS $978 HIGHER. Run around from every department where in the the process I am. ALl ive heard is they have all the documents however "its still under review" SINCE SEPTEMBER 2009!!!!!

[mattozx6rr]

Originally Posted by chris516

I am not in trial payments yet, however Ive been at this since sept 2009. All I have is an increased payment since APril 2010 where they added escrow. SO now my payment IS $978 HIGHER. Run around from every department where in the the process I am. ALl ive heard is they have all the documents however "its still under review" SINCE SEPTEMBER 2009!!!!!

We have been in review since may of 09. In march we were supposed to hear about and start trial payments with MHA. In april it was discovered our file was left stagnant and we were subsiquently denied elegibility due to no fault on our part. Now hear we are in july re submitting paperwork to start all over again. I can honestly say bankruptcy would have been much easier and cleaner in the end. At least we would be moving forward in our lives again. As for a class action lawsuit, the only ones that reap any benefit from that are the lawyers. The rest of us get a $5 coupon for denny's and get to live on the street. We have decided that if B of A cant get thier cranial rectalisis cured by the end of the year, the only thing they will get from us is a set of keys in the mail and a call from our bankruptcy attorney.

Matt

[sukhotskiya]

Aleksandr Sukotskiy


4311 Colfax Ave #221,


Studio City, CA 91604


Phone (818) 625-6173


sashas90046@yahoo.com

“BANK OF AMERICA”
This is a complaint against a “BANK OF AMERICA” about my loan modification. I have always paid my loan on time for almost five years. I have been working a RN for CS Medical Center for six years. My overtime hours were taken away in April 2009 and that means a nearly 40% reduction in my income. I’ve have been calling bank about loan modification for a half a year, than I have applied for a loan modification December 22 2009. I called the bank every once in week and talked with different departments and representative to find out my status of modification. they got me different information. Every time I spent about 3-7 hours on the phone, they did transfer me from one representative to another, from one department to another department, some time in different countries like India where representative barely speaks English and have not has any training what so ever about modification process. The information was constantly inconsistent. Some representative is hang up the phone if they are not able to answer a questions After several months, I got information that I qualified for federal government’s Home Affordable Modification Program and received 12.22.2009 package from “BANK OF AMERICA”. A Package include in:
The hardship Affidavit completed and signed by each borrower
A completed, signed and dated copy of the most recent tax return for each borrower
A signed and dated copy of the IRS form 4506-T for each borrower
The Freddie Mac Form 1126, where you provide your financial information
Documentation to verify all of the income of each borrower-exact required documentation is found on the enclosed checklist.
I called representative at 1 877 221 0825 for help me fill out all of them forms. After that, 01.19.2010 I sent a package to BAC HOME LOANS SERVICING, LP HOME RETENTION 390 INTERLOCKEN CRESCENT STE 350 through FEDEX Express Package TRK# 4212 7963 7002
So over the past 7 months I've spoken with approximately with a 100 representatives from Bank of America from other department, faxed and mailed every piece of documentation they asked for within the timeframe they required but no one has ever contacted me. I have their names, departments, extensions, dates time, and what they have been told me.
I’ve tried to find out the status of my work-out only to be told I had to call a number which only leads to endless. Bank of America came up with every excuse to defer me from a home loan modification, from stating they lost mine paperwork to saying they never approved the new terms of the mortgage agreement. I HAVE NOT receive any documents from Bank of America shows my process of Loan Modification.
My loan terms 380000$ 6 % fix for first 5 years, payment 1920$(interest only NEVER LATE), according to Bank my payment become 1824.24$ (that will include principle, interest, and property tax, insurance.) Since January, I have made that payment in time I have prove of that. Bank INTENTIONALLY HOLD my payment making me delinquent on the loan, charging me all additional fees for that time. Since January, I call them monthly to make a payment over the phone, because internet doesn’t accept payment for some reason (saying contact representative, also I was not able to see what is my payment amount should be and doesn’t reflect any modification process at that time) Every time I call the bank and ask them to fax me paper work or give me any type of conformation about what they told me or to find out status of my loan modification process, they refused, they reassured that my loan is under review and it will take at first about 60 day, than about 90 days than 120 days. No result…..
Every time I call and I ask them:
1. What are your name, department, rep ID, and extension?
2. Can you tell me status of my loan??
3. How much do I need to pay??
4. When my loan modification process is will be completed??
5. Can you send me statement with break out of my payment?? Meaning how much I pay and for what.
6. Can you send me any type of document proving that I am in modification process??
7.
7/12/2010 I talk to representative Dona Parnett 1800 663 0102 ext #9416 stating that on july 9 I was declined for a reason of INTERAPTION IN PAYMENT.
In May 2010 I opened company, set everything, 1800 number, web site, hire 5 people for work, etc, It seems everything start well, than I need a little loan just to start operate, than I applied for loan from Chase, they decline me because my credit score was down due to delinquency on my loan (my credit score usually above 730, for 11 years I have never NEVER been late on any of my credit card or any loan or any negative on my report until now). I fired 5 people, company none operated now.
I am so frustrated. I don’t know what to do. It seems that Bank of America, manipulating a system. Economy, small business, are effected by their actions. Bank of America's failure to act was a violation of its obligations under the federal program, and an intentional one. The Bank of America has made an affirmative decision to slow the loan modification process for reasons that are solely in the bank's financial interests.

I DON”T know what to do.
Help me.
P.S. I have all my documentation, copy of documents, scripts from conversations, available upon request.

[goldie]

Originally Posted by mattozx6rr

We have been in review since may of 09. In march we were supposed to hear about and start trial payments with MHA. In april it was discovered our file was left stagnant and we were subsiquently denied elegibility due to no fault on our part. Now hear we are in july re submitting paperwork to start all over again. I can honestly say bankruptcy would have been much easier and cleaner in the end. At least we would be moving forward in our lives again. As for a class action lawsuit, the only ones that reap any benefit from that are the lawyers. The rest of us get a $5 coupon for denny's and get to live on the street. We have decided that if B of A cant get thier cranial rectalisis cured by the end of the year, the only thing they will get from us is a set of keys in the mail and a call from our bankruptcy attorney.

Matt

That's a good idea to go see a BK attorney. Its always good to know what your options are & strategize accordingly. Is B of A your original lender? Was your loan securitized? Who is your investor? Is MERS mentioned in your DOT? You might ask the attorney if he handles APs (adversary proceeding - mini-lawsuit within a BK) and what strategies he would apply to the possible issues mentioned above.

You probably won't wind up with a free house, but you will get your lender to the negotiating table.

http://livinglies.wordpress.com/2010...cannot-assign/

[sparky1loan]

Feast your eyes on this:

http://mattweidnerlaw.com/blog/wp-co...lassaction.pdf

[goldie]

Originally Posted by sparky1loan

Feast your eyes on this:

http://mattweidnerlaw.com/blog/wp-co...lassaction.pdf

Yay! Its about time someone turns the tables on that shyster Stern and I love it when MERS gets another TKO punch too

[mckelveys]

Check this out.....

Bank of America Faces Homeowner Class Action For Withholding Federal Bailout Funds



I am contacting you in regards to my mortgage 8XXXXXX previously 613XXXX. I contacted the bank almost 2 years ago regarding a modification due to a decrease in my income and my husband of 20 years leaving myself and my four children. I received a response March 2009. I was put in forebearance status for 6 months. I was told that I needed to miss a payment because the investor would not allow the modification unless we were late. The loan modification was a in place August 2009. Signed notorized documents. The amount was 2715.28. BA told me to wait for my coupon book and continue making payment using Western Union. I have actually been paying 2728.68 because this was amount I was told to pay when I called. I have been making all my payments. However, after reviewing my credit I noticed , BA is reporting our account as being late.
The bank did not apply my payments. They put it into holding account. Stating I should have paid 3200. The bank reopened the modification...a year later on March 2010. The negoitiator told me this was normal. They were just reviewing my document. This was not the case. No one told me we were considered late or paying the wrong payments.
After reviewing the documents again I noticed three different payment amounts. But the only one on the legal form was the 2715.28. I have been paying the second amount of 2728.68 ..) this is the amount each rep, told me to pay each time I called. No mention of 3200. How can the bank have 3 different payment amounts? How can the bank charge me a higher interest rate when there was a signed document stating the interest rate was 3.875? After months of sending additional documents I received no information. I got conflicting information about my loan. One negotiator said, my orginal loan was never executed because the investor did not pay off the loan. Another negotiator stated, the orginal loan was not executed because the payment was not correct, another negotiator, stated that the loan was never executed because the investor did not allow the bank to roll in any outstanding payments into the loan. Now, I have been forced into a modification that in a year will be higher than my orginal loan. I have also incurred late payments and my mortgage is now 37,000 higher than it was before I contacted the bank. . Also, the bank did not honor the orginal modification interest rate...so none of my payments were applied to my principal balance my old loan was used. Which obviosly is more advantageous for the bank. Please keep in mind before I contacted the bank my loan was in good standing. I was not late. I still have not missed a payment. But the bank has been reporting me late. And my current home situation is far worse than it was 2 years ago. I was told by my negiotator, I had to accept this new modification to keep my home.

I have requested a break down so I know how the 37,322.93 has been calculated...no response...I requested the name of my investor......I was told I could not get this information. I wanted to know why I did not qualify for the HAMP loan. I was told the investor did not do these loans. This is a government loan program. I was also told that I could not extend the terms of my loan because the investor did not allow this....but this was the terms in my orginal modification. Why are some BoA customers receiving a 40 year at 2 percent for the life of the loan while others do not? Why weren't the terms of my intial term honored...expecially since this is a ongoing bank error? Thank you for your assistance.




This is from my loan negotiator...New Modification

I am sending out the documents today. The modification has changed because during quality control check they found the reason your previous modification never closed. Whoever did the modification did not follow investor guidelines. Your investor requires the borrower to pay all delinquent interest up front before the loan can be modified. However we found a way to work around this. I deferred the delinquent interest which was $37,322.93. So at the end of the loan you will have to pay that amount, I have spoken with my manager and he advised that you try to refinance at the end of the loan or you could even try to refinance at the end of the first year of the modification. These are the terms you will find on the documents I sent you today:

Interest bearing principal balance: $641,538.71

First Year: 3% rate: P&I Payment w/ escrow: $3,586.52
Second year: 3.5% P&I Payment w/escrow: $3,751.08
Third year: 4%: P&I Payment w/escrow: $3,914.74
Fourth year: 4.5% P&I Payment w/escrow: $4,077.03
Fifth year: 5% P&I Payment w/escrow: $4,237.5 (for the life of the loan)

My Orginal loan 3650

[chris516]

WOW, I can not believe this above post,

[sparky1loan]

Originally Posted by goldie

Yay! Its about time someone turns the tables on that shyster Stern and I love it when MERS gets another TKO punch too

MERS is the key. If they get wiped out, then all of the assignments get wiped out.

It won't matter who the servicer or the bank is.

That case can be huge. I just hope people can hang on until it is over. It details how everything fell apart and introduces RICO charges. That is what I have been wondering about for the last year.