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 "
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