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Sunday, October 31, 2010

Will Bank Of America Help Me?

In a desperate attempt to get some kind of help dealing with Bank Of America. Something I have done on several occassions an internet search for lawsuits or groups working to support homeowners. I ran across John Wriites blog

So I followed his advice and I emailed a complaint to Bank Of America's CEO @ brian.t.moynihan@bankofamerica.com I also emailed a copy to John Write @ johns-write@hotmail.com and I submitted my complaint directly on the Bank Of America complaint website. The very next day I recieved a phone call from Brian Moynihan's Assistant Alicia Parker, that is how Alicia introduced herself "The Assistant to Bank Of America's CEO". And I know she looked up my account information because she called me at work and I did not leave my work number in my complaint. Unfortunaletly she called me on the crisis line and I did not have the ability to speak with her at that time. So she said she would be available the next day when I am off work. After working out the time difference (she is in Texas 3 hours ahead) I was assured by Alicia she would be in the office late and available for my call.

I was a bit leary of this person since the call was a complete surprise and Alicia was not very professional on the phone. And I have had a recent incident at work with a collection company that started harrassing me at work on an acct. that is almost 7 years old from when I was divorced... And because I did not leave my work number for contact. So I looked her up on the internet just to calm my nerves. And Alicia showed up on LinkedIn and yes her official title according to her LinkedIn profile she is an "Account Manager at Bank Of America" So I am now excited to speak with Alicia. I did call after work but I got her voice mail and left a message for a return call. I kind of expected that I would not reach her since she had stated she would be working late. A late night call never seems to connect. Luckily I am off on Monday and I will be able to call first thing in the morning. I do hope Alicia can help me.

Wednesday, October 27, 2010

Completely Pissed Off At Bank Of America

I received taped to my door a notice of trustee's sale and I recieved also today 4 certified letters From Quality Loan Servicing of "notice of trustee's sale" AND today I also recieved 4 letters in the regular mail from Quality Loan Servicing "notice of Trustee's sale". This has happened before when I had previously been able to negotiate in the past. How is it that the loan servicer can get all these letters delivered to my door on the same day and at the same time? Yes a total of 8 letter's all delivered on the same day within minutes of each other. Four via certified mail, four via regular mail and one hand delivered and taped to my door. Of coarse I am beside myself with anger. I have been trying to get the bank to take my money for two years now. I spoke to Andre at the HUD Counseling center who really could not explain and just said fax them to him and he would get to the bottom of it. Well that does not make me feel any better especially when we last spoke he informed me that my sale date had been completely haulted and I would not have to worry about extending any sale dates as the bank is reviewing thousands of mortgage foreclosures. So what happened? Why am I back on the chopping block with a date in the middle of November?! What Lawyer would be willing to take on Bank Of America? Something seriously needs to be done about the way families are being treated. It is un ethical and inhumane. My son is the one who showed me the letters taped to the door. Is that really ok with these bankers? Causing stress not only to the adults in the household but to the children as well? My neighbor had someone come to her door and she was shocked. Prior to that her children did not what she was trying to do with her home. Why can't we have strick guidelines about how homeowners are contacted especially in this mortgage climate. It is a difficult task I know but don't the families deserve the respect. Where is our government! No bail out for millions of American families!
Andre has said if I am not qualified for the Obama "HAMP" Home Affordable Program. He has some other options. Like renting back. Now how does that make any sense at all? Rent back my home? The home that I have owned for more than 10 years? Obsurd! Anyone anyone at all have any ideas? I am ready to do anything. I submitted my name long ago to a lawsuit and all I got was an auto generated response. A copy is below. It is all I have to feel as though I am doing something. The honest truth, I am not sure using a HUD Counselor is helping my situation at all...


"Ladies and Gentlemen:

You are receiving this e-mail because you have contacted HBSS regarding the BOA Home Loan Modification litigation. Due to the voluminous number of inquiries I am grouping several of your names into one e-mail. I have placed your e-mail addresses in the BCC line in order to protect your confidentiality.

Thank you for contacting Hagens Berman Sobol Shapiro regarding the lawsuit concerning loan modifications. You can review a copy of the Bank of America litigation by clicking on one of the following links, Washington Complaint or California Complaint. The cases, filed in U.S. District Court, claims that Bank of America systematically slows or thwarts 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.

We will ask the court to certify a class of Washington and California homeowners who were entitled to loan modifications from Bank of America, but have not received permanent modifications. The court may or may not agree to certify this class, or may redefine the class in a more limited manner. This process will take several months at a minimum. You will receive notice from the Court if your situation qualifies as part of the defined class. There is no need to affirmatively join this class action. We will keep your information on file and will contact you in the event additional information or a declaration is necessary.

The primary purpose of this litigation is to force Bank of America to give people who qualify the loan modification they should have given by now. This litigation will not stop any foreclosure on its own. Individuals facing foreclosure should contact a local consumer action attorney to represent their individual case. You should pursue your own avenues regardless of this class action.

While we hope to expedite this case as much as possible, however the reality is that class actions can take 2 to 5 years to be resolved by the Courts. It is imperative that each potential class member take charge of their own destiny outside of this action. The last thing we want is to instill a false sense of hope in anyone that this class action will have an immediate impact on their individual circumstances.

Whether or not your situation will ultimately qualify as part of the class, you should continue to try to work with your loan servicer to obtain a permanent loan modification and you should continue to make all required mortgage payments.

If you are a Washington or California resident there is nothing more you need to do with respect to this litigation at this time. If you are from Arizona or Oregon please review the following.

We remain interested in speaking to additional people in the event additional class representatives are required and possibly regarding a similar action in Arizona and Oregon. In order to be considered as an additional class representative/lead plaintiff, you must meet all of the following criteria:

You must be seeking a modification of a loan secured by your primary residence (no investment properties);

Your loan must have originated prior to 2009;

You must have sought modification from your lender (servicer) after April 2009;

If you received a temporary loan modification offer, you accepted the offer (signed and sent in);

If you accepted the offer of a temporary modification, you timely made all required payments of modified amount;

And you have not received a final loan modification.


If you fall within the qualifiers listed above please send us the following:

1) Copies of any and all correspondence (letters or e-mails) between yourself and your bank.

2) Copies of your original loan documents.

3) Copies of your temporary loan modification agreement and proof you made the temporary payments.

4) Please also note whether you were required to make an up front payment (whether of a fee or of a full, unmodified payment) in order to be considered for the trial period?

Thank you for your interest in this litigation.

For those of you in Washington State facing foreclosure you might find the below helpful:

Home Foreclosure Legal Aid Project:

http://www.mywsba.org/default.aspx?tabid=161

What is the Home Foreclosure Legal Aid Project?
In response to the current foreclosure crisis facing our state, the Washington State Bar Association in partnership with the Northwest Justice Project is coordinating a statewide pool of volunteer lawyers trained in foreclosure prevention who have agreed to provide free advice and representation to homeowners with foreclosure related legal problems.

How do people qualify for these services?
An important aspect of the project is that it will extend legal services to moderate-income homeowners who are within 200% to 400% of the federal poverty guidelines. Simply put, this translates to about an $88,000 annual income for a family of four. By providing legal assistance at a critical time, volunteer lawyers may be able to prevent these individuals from dropping below 200% of the poverty level and ending up with more legal problems than possible foreclosure.

How does it work?
Prospective clients access our services by calling the Homeownership Information Hotline at 1(877) 894-HOME (4663). Callers are then transferred to trained housing counselors who determine whether callers are potentially eligible for assistance with a loan modification. Callers with legal issues are referred to our legal team at the Northwest Justice Project for further review and potential case assignment to one of our volunteer lawyers.

Aline B. Carton| Home Foreclosure Legal Aid Project Manager
Washington State Bar Association
( 206.727.8204 | * alinec@wsba.org
1325 Fourth Avenue, Suite 600 | Seattle, WA 98101 | www.wsba.org


Best regards,

Larry Kunzler | Investigator
Hagens Berman Sobol Shapiro LLP
1918 Eighth Avenue, Suite 3300 - Seattle, WA 98101
Direct: (206) 268-9368
Larry@hbsslaw.com | www.hbsslaw.com "

Tuesday, October 19, 2010

Beware The Collection Agency Tactics

Out of the blue I am now getting collection calls from an account that is almost 7 years old. I have prided myself in the fact that I have not run up debt. Yes I had some difficulty in the past but have been very careful not to repeat myself. I am imformed that I may not have enough debt for the HAMP qualifying, I just barely squeezed into the program. So if I had owed much more debt it might have been grounds for the bank to work with me in a modification because it would have significantly shifted my qualifying ratios. Instead my careful spending with no debt leaves me just within the margin of qualifying for HAMP. Now I am faced with trying to not change my financial situation. I fear if I make more income it will boost me out of the HAMP.
Other friends and family have said that they too are receiving collection calls from years old accounts. They have said that they beleive the collection companies are as desperate as the rest of the nation and are imploying all deviant tactics to scare the consumer to promising a payment.
Do not fall for the harrassment of a collection agency. You have many tools at your hand to stop them. Read the link provided to educate yourself and prevet the harrassment. Also file a complaint with the FCC
You should not be pressured into anything. Protect your rights and fight back.

Oh and by the way, I spoke with Andre yesterday and he said again he has not heard anything from Bank Of America but the in my case the "foreclosure sale is cancelled" Andre also said that he again requested acceleration of my case. I felt I had to say "well that has been done at least four times so it proves a non useful tool" I felt it had to be said out loud even though I know he felt the same. But what else can he tell me?

Monday, October 18, 2010

Why Are Many Banks Haulting Foreclosures?

I read on the internet that A Lawyer had discovered GMAC using "robo-signers" in essense someone was signing the approval of thousands of foreclosures. The "robo-signer's" signature is stating he/she validates the documents as reviewed to be correct and in order. But this has not been the case the "robo-signer" has signed thousands of foreclosure documents without even knowing the individual cases. This is appalling. Families are displaced, uprooted and broken up with absolutely no consideration from the banking institutions. Thankfully one Lawyer was able to take note and stand up. A little too late for thousands of homeowners but not too late for thousands more.
I continue to be amazed at how those with the money are so careless when it comes to families. Really? For convenience and savings thousands of families have lost their homes and no one is going to fix that for them? This is un acceptable, what can be done to help those families now? Thousands of families are now paying rent to investors and making the rich richer. This is not boosting our economy, to the contrary. It is creating a nation of distrust in our government who is not moving fast enough to save the people it works for. Our government who continues to give our money away to these corporate giant without setting clear defined guidelines to assure the public is the priority and not cost cutting to get these giants on top. Does the public really need the giant banking institutions? I have always preferred the smaller local community banks and credit unions. Sure they were a bit tighter on rules. But the power was pretty well equally matched. These smaller institutions understood they need the consumers as much as the consumers need them.
And as usual I am still waiting for a response from Bank Of America. I call Andre my HUD Counselor at least once a week or I email him for an update. Since Andre requested that I call him as opposed to the Bank directly. I am happy to oblige and let Andre do the representation he is trained to do and I am so appreciative for.

Saturday, October 9, 2010

Bank Of America is Haulting All Foreclosures

I heard on the news last night that Bank Of America is halting all foreclosures while it "investigates foreclosure guidelines" What that means to me is Bank Of America wants to find out how legally it can get more money out of the mortgage disaster without getting in trouble... I will send Andre an email and see what he has heard. So again the holidays are comming and how are families to get through it? Common sense says we must save save save. But the reality is many families can not save when the need to spend comes down to utilities, food and your basic happiness. Parents are going to want to have a happy holiday in the face of it possibly being the last holiday in their home. What a mess, I am so sorry for America. We are a nieve and trusting people who have been taken advantage of and now must do all we can to hold our heads up high and take back our country. From not only terrorist but our own Government that has proven time and time again that the dollar and re election has been a priority over the welfare and future of it's people. Talk is cheap we need action. We need experience, weather good or bad. I see the new candidates coming out of the woodwork as seeing the financial crisis as a loop whole and nothing more. If those candidates were interested in Government he or she would have already been involved and I mean physically involved not just via donations of money. Pay close attention and ask many many questions we are not going to get fixed easily and it will take several terms before we can trust again. It's our time to make the laws and make the Government stick to their promises. VOTE people.

Friday, October 8, 2010

Waiting For Bank Of America To Make A Desicion Is Excrutiating

This past week I have made several telephone calls to my HUD counselor. I know he is busy and at times did not have any news to give me. It took a couple of tries to reach him.But Andre did contact me and said that he had not heard yet but would give another call and then finally he is told that it is still in review and has a new negotiator. I ask Andre if getting shifted to "new negotiators" a common thing? Since I have already been given at least two "new negotiators" and this would make a third. I am told yes it is common. I asked of he thought I might get an answer before the upcomming holidays? Of coarse he does not know... But he did say that getting a quick response may not be a good thing. That Bank Of America typically takes a very long time to come to a desicion. None of this makes me feel any better. How are families to get through the holidays? How happy can the holidays be when families do not know if they will have a home the next year? What can homeowners do about this? VOTE in NOVEMBER! PLEASE.