Bank of America Sued Again over Loan Modifications

by MortgageAuditor | April 14, 2010 at 07:03 pm
15404 views | 6 Recommendations | 24 comments

LOS ANGELES – California homeowners sued Bank of America (NYSE: BAC) on Tuesday claiming the lending giant is intentionally withholding government funds intended to save homeowners from  foreclosure, announces Hagens Berman Sobol Shapiro.

The case, filed in U.S.  District Court in Northern California, claims that Bank of America systematically slows or thwarts California homeowners’ access to  Troubled Asset Relief Program (TARP) funds by ignoring homeowners’ requests to make reasonable mortgage adjustments or other alternative solutions that would prevent homes from being foreclosed. Hagens Berman filed a similar complaint in Washington state last month.

“We intend to show that Bank of America is acting contrary to the intent and spirit of the TARP program, and is doing so out of financial self interest,” said Steve Berman, managing partner of Hagens Berman Sobol Shapiro.

Bank of America accepted $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 lawsuits, hasn’t lived up to its obligation.

According to the U.S. Treasury Department, Bank of America services more than 1 million mortgages that qualify for financial relief, but have granted only 12,761 of them permanent modification. Furthermore, California has one of the highest foreclosure rates in the nation for 2009 with 632,573 properties currently pending foreclosure, according to the California  lawsuit.

“We contend that 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,” Berman said.

The complaints note that part of Bank of America’s income is based on loans it services for other investors, fees that will drop as loan modifications are approved. The complaints also note that Bank of America would need to repurchase loans it services but has sold to other investors before it could make modifications, a cumbersome process.

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.

Named plaintiffs and California residents Suzanne and Greg Bayramian were forced to foreclose their home after several failed attempts to make new arrangements with Bank of America that would reduce their monthly loan payments.

According to the California complaint, Bank of America deferred Bayramian’s mortgage payments for three months but failed to tell them that they would not qualify for a home-loan modification until 12 consecutive payments. Months later, Bank of America came back to the Bayramian family and said would arrange for a loan modification under the TARP home loan program but never followed through. The bank also refused to cooperate to a  short-sale agreement saying they would go after Bayramian for the outstanding amount.

“Bank of America came up with every excuse to defer the Bayramian family from a home loan modification which forced them into foreclosure,” said Berman. “And we know from our investigation this isnýt an isolated incident.”

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

The lawsuits charge 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.

Homeowners in Washington and California with mortgages through Bank of America are encouraged to contact Hagens Berman if they received an inadequate response from the bank for a home loan modification request after April 13, 2009. For more information or to join the lawsuit, please visit: www.hbsslaw.com.

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5
John Wright

If it walks like a piggy, talks like a piggy, by golly it’s a PIGGY! BofA and it’s CEO Brian Moynihan reminds me of that song by John Lennon and George Harrison titled "Piggies" I invite you to listen to this song on youtube and see if it appropriately fits. www.youtube.com/watch?v=MIopI2isIKc&amp;feature=related</P Have you seen the little piggies Crawling in the dirtAnd for all the little piggiesLife is getting worseAlways having dirt to play around in.Have you seen the bigger piggiesIn their starched white shirtsYou will find the bigger piggiesStirring up the dirtAlways have clean shirts to play around in.In their ties with all their backingThey don't care what goes on aroundIn their eyes there's something lackingWhat they need's a damn good whacking.Everywhere there's lots of piggiesLiving piggy livesYou can see them out for dinner With their piggy wivesClutching forks and knives to eat their bacon. Wright vs. Bank of America Lawsuit at: news.yahoo.com/s/prweb/20100323/bs_prweb/prweb3766544_1 When I filed my lawsuit against Bank of America, myself and United Law Group thought of the many others out there in the same situation. It was then that we decided to educate the public on what these piggy banks are doing, as well as unite us all together as one voice. Please help me turn this David vs. Goliath modification process, into a Goliath vs. Goliath. Please stand with me and United Law Group and send an email to Bank of America that states that we will no longer tolerate their potentially illegal, fraudulent, irregular and abusive business methods. Divided we might have fell America, but united we must stand! Please send your email directly to Bank of America and include the following: 1. Your name 2. Your complaint concerning your experience with Bank of America. 3. Please end your email "I support John Wright vs. BofA Lawsuit!" 4. Please send a copy of your email to johns-wright@hotmail.com 5. Please send your email to both BofA link below and the CEO email   BofA Linked Email: www3.bankofamerica.com/contact/?lob=general&contact_returnto=&state=VA CEO Brian Moynihan: brian.t.moynihan@bankofamerica.com

3
Isabel S

Hello John. I just an email to Brian Moynihan, the biggest crook right now. It was not a nice email. I have been totally screwed by BOA and I just got in touch with an attorney that advised me of all of their wrong-doings. These people need to be stopped. I owe one month on my 1,200 dollar a month mortgage and now they are saying that I owe over $6,000.!! They kept my escrow money that was left over (almost $900.00) and I have no idea what they even did with it. I know they haven't applied it to my mortgage, that's for sure. They have asked for the same info/paperwork (statements, paystubs, hardship letter, utility bills, etc) over and over again in the past 2 months. I am sick of it. I do honestly believe that they are prolonging this so I can eventually lose my house especially since I have PMI on my mortgage (they are insured and will get paid). I also plan to file a lawsuit and I personally know 3 different people that are going through a similar situation. Please keep us updated on how your lawsuit is going. Hope they get what is coming to them. I hate them with a passion!

1
Larry Traber

Hey John. . . my prayers are with you. It seems that the high rollers at BOA just don't get it and probably won't get it until enough people like you have them on their knees. I've been begging BOA for over a year now, and every time I call (if I can get through) I get the same old song and dance. . .either I don't qualify or you will be given final paperwork soon, or now its "well the file is waiting for an agent to process. . . ". I am sending e-mails in your support today. Good luck.
"Hurtin in Florida"

1
Hollywood Fl resident

We are sick and tired of hearing the same thing from BOA. We have been trying to modify our mortgage since Aug. of 2009, got qualyfied by Wilshire, was on a three month trial period when our mortgage got handed over to BOA. We were promised by Wilshire that all will remain the same. Not true, now we have to full out a new application, new proof of income etc. etc... We can not afford an ottorney so we are riding the waves.

1
John Wright

Thank you so much for your support Larry and Isobel!  It means a lot to me!

1
pauljts

I satrted with a mod with BVoA in dec 09sent in the packet they sent me .Got excuse after excuse when i called every couple weeks .Making mod paymen for 5months boa sent back my packet after 6ms no approved or denied nothing .I called and was told it was good and they would escilate it.2 weeks after that i geta sale date from a law firm for my house.now im filing chap 13 to keep my house.this sat 6 mos later i answer the phone toa boa person wanting to offer me a home loan mod. she said they had no record ofanything for me.They are criminal .

1
Hank L. Hewgley

Forget the forebearance and home modification loan-they report you late to all the credit bureaus and will lie to you about everything I went through the forebearance agreement after talking with melissa-i have her fax numberr. She told me to skip a month and then send in the reduced mortgage payment-I overnight expressed mailed with postal money oreder each payment-this was done Nov. Dec. and Jan. They lost the January payment. I have proof of sending everything. Six months later I have wrecked my credit by making the requested payments by BOA and after all this i was told by Mitzi young my loan moderator that I was not eligible because my interest rate was low enough at 6.12%. YOU WILL TRASH YOUR CREDIT AND WILL NOT GET YOUR MORTGAGE REDUCED-a HOME MODIFICATION IS NO GUARANTEE YOU WILL LOWER YOUR MORTGAGE PAYMENTS. NO ONE IS GOING TO HELP YOU BECAUSE THEY ARE IN BED WITH THE FEDERAL GOVERNMENT-THE GOVERNMENT GAVE THEM THE BAILOUT SO THEY COULD PURCHASE COUNTRY WIDE (WITH YOUR MONEY AND MINE). TOO BIG TO FAIL. Hank    

1
John Wright

Yahoo news link will no longer works anymore. So you can view the John Wright vs. Bank of America Lawsuit at www.unitedlawgroup.com

1
John Wright

or you can try this link too:  

1
bella bell

I support the efforts of these homeowners 100% and wish that more homeowners would step to the plate and fight back.  I believe that if every homeowner in mortgage he!! starts calling their servicer everyday and then fax them everyday we will start seeing a BIG difference. With anything it takes large numbers and drastic actions.Everyday you don't call or fax you giving them opportunity to continue to win.  

1
don plotner

Please check out the Facebook group dedicated the to Bank of America's Home Loan Modification Problems.

1
Clotee Allochuku

Big loan sharks like Bank of America are the main reason why we are now in a recession. Americans are angry at one another when the focus should be on the true cause of our recession, greedy big banks and real estate companies. And please don't forget about other greedy companies who hire illegal aliens so they can make fat profits like McDonald's.

1
edna

BOA send us a letter with mortgage payments for three months but failed to tell us. now I find out that they fail to tell us we would not qualify for a home-loan modification. but they keep people hopes and collect they payments,   ultil they make any decition on your loan modification. every employee fo BOA are very rude and they do not want to help, they such a mess on there side the no one can give strigh answer. I hope some helps us to keep our homes.

1
Ruth Dennison

I have been working with 3 modifiners over 2 yrs. and not getting anywhere with Bank of America. They only had their lawysers add more fees and charges and now gave me a sale date of June 2, 2010 I am a widow with several severe medical prolbems and NEED to STAY in my home. The mortgage is now up to $97000.+ with the value of my home being only$55,900.I have tried to modify with B. 0f A. over this time and not getting any answers from them. The modifiers all told me NOT make payments to B of A. Now they will not work with me for any help they recieved bailouts/TARP funds for.

2
Ruth  Dennison

I have been working w/ 3 different modifiers since Nov. 2008 and not getting anywhere. Bank of America kept sending me letters that  they recieved my requesst and will work with me, which they NEVER have. They have now sent me a sale date of June 2,2010, and added several thousand dollars in fees through their "lawyers" I am a 67 yr. old widow and I NEED to stay in my home, because of the medical issues I face.  When I called them to work with them they tell me I can not get any help dispite they received TARP/government bailouts for this purpose. My loan started out with $15,000.00 4 yrs ago and since being shifted from one lender to another it is now up to $97,000.00+ with the value of my home only being $55,900.

1
mikeyk

So what happens when you are three months behind but making current payments you "pre qualified" for a loan modification, when we get the paper works it says that you have to be over 31% of your "gross" income to qualify but we are only at 20%.  So that basically means even if we send in the paper work we would not qualify.  What are the other options out there?   I don't want to wait three months or a year to find out they denied it and then find your home in a sale.  WHAT IS OUT THERE, WHAT.  Please let me know ASAP

1
John Wright

 

3
disgusted

I refinanced through Countrywide in May of 2006, due to financial hardship related to a medical bills for my husbands child who was being treated for leukemia. (despite having health insurance). It was a crappy loan, 100% interest, adjustable rate, but we were desperate, and at the time we still had $100K of equity in our home after the refinance. Long story short, our rate adjusted to 10% interest rate two years later, 2 months after the death of our son. We were inundated with medical and funeral bills, and Countrywide offered no help. We could not afford our mortgage and our home value had dropped down to $70K less than the mortgage owed. We were stuck. We contacted a mitigation company who took $500 dollars from us and then dissolved right when BOA bought Countrywide. Bank of America told me that they sent me a trial package that I never received, and promised to send another one. Never got it. They just kept sending me mortgage statements as if nothing had ever happened. I've been calling them since July 2009, and have been in mitigation purgatory ever since. They finally sent me a letter last month telling me that I don't qualify for any modification programs and that if I don't short sell or deed in lieu, they will foreclose. Now my house is listed at $60K less than the purchase price when I bought it brand new 6 years ago. I live in southwest Florida, one of the worst affected by the foreclosures. Bank of America can rot in hell, as far as I am concerned, and so can Obama for giving them the $25billion that they obviously have kept for themselves.

1
Frank Larry

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1
Chris L

Got a verbal from BANK of AMERICA in febuary 2010 made 4 payments . Called to make June payment it was declined. I called and was told they had no record of my trial modification.This has been going on since March 2009. THey paid my taxes and sent me a escrow schedule. Nobody at Bank of America can ansewer questions. Worse yet I called with a financial question about the HAMP form and was given the wrong advice. But after 3 phone calls and 3 operators they figured it out. I have submitted financials no less than 5 times. This madness has got to stop. It seems that they really have no idea what they are doing.

2
fed up & frustrated

UNREAL. !!!!!!!!..I have been trying to work with  Bank of America for over a year now....I must have talked to 30 different people...no one tells me the same story...I dont qualify  - I do qualify... iTS TIME WASHINGTON DID AN INVESTAGATION ON BANK OF AMERICA !!! where are the programs Obama came up with to help the public?????? who are they helping????????  COME ON WASHINGTON WAKE UP !! THERE ARE THOUSANDS OF PEOPLE WHO NEED HELP !!

2
disgusted

@fed up...   I agree...Washington SHOULD do an investigation on B of A...but since they gave them the money, and then accepted the money back, they will most likely leave them alone. When I called once to ask why I didn't qualify for the principle reduction for former countrywide customers, and asked what happened to the money that Obama gave them...I was told that 'it went back into the treasury'...I asked the customer service rep how many loans they had actually modified with that money, and he said that he wasn't allowed to comment.

5
lisa t

Our story sounds like many...but thankfully we haven't lost our home...yet.  In our 7th month of trial modification I called to make our payment and check the status of the modification as usual and were told that they were just waiting for us to make our 3 months trial payments.  I informed her we were in our 7th month and she said she would update the account and move it through.  Month 8 I called and was told we were denied.  When I asked why I was told that we (the customer) declined the offer.  What offer?!  Supposedly we declined in April (month 5).  That's funny because we've made 3 trial payments since then.  I was told she would escalate it, because there was no record of us called just a "denied by customer" on the account.  Since then we've gotten nothing but run around, "transferred" to different departments (which means put on hold and then disconnected).  It's outrageous!  What are decent families trying to survive to do? 

2
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