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Bank of America: Illegal Foreclosure and Harassment Lead to $6M Settlement

Tue Sep 19, 2017 by on Foreclosure Fraud

bank-of-america-settlement

The following is not a reality show; rather, it is a true story that highlights the worst of the financial crisis.

Erik and Renee Sundquist reached a settlement with Bank of America where the bank has agreed to pay them $6 million after eight grueling years of foreclosure.  The Sundquist family endured a stress-induced heart attack and a suicide attempt, and a “long personal and legal nightmare that has impacted every facet of their and their sons’ lives,” according to court papers.

Being no stranger to fines, penalties, and settlements for wrongdoing, Bank of America has paid nearly $60 billion since the 2008 financial crisis for violations including tax evasion, money laundering, fraud, and misconduct.

When It Rains, It Pours

Events began to unfold in 2008 when the couple took out a mortgage made by Countrywide Financial, which was later acquired by Bank of America. The family sought a modification, at which time a Bank of America representative told them that they needed to miss three payments and default before their mortgage could be modified.

Despite knowing that this would damage their credit score, the couple proceeded with bank’s advice and defaulted. However, the bank rejected more than 20 modification requests, claiming that the applications were “stale”, incomplete, insufficient, and even “lost”. Despite the Sundquists’ subsequent bankruptcy filing, Bank of America proceeded with the planned foreclosure auction, violating the automatic stay.

Realizing it was in violation of the automatic stay, Bank of America reinstated the family as title holders without notifying them.  When the family moved back in, they discovered their home had been vandalized, and that there was a $20,000 fine from their HOA for failing to keep up with the landscaping.

The end of a “state of battle-fatigued demoralization”

This entire ordeal is cited as the cause of Renee Sundquist’s heart attack and Erik’s attempted suicide, leading to what the judge described as a “state of battle-fatigued demoralization”.  The judge awarded the couple $6 million in damages, and also awarded several legal organizations that helped fight the financial abuse an astounding $40 million in punitive damages.

The Sundquists’ legal nightmare is over.  Unfortunately, the Sundquists had to pay the price for reprehensible and unlawful conduct that no one should ever have to endure.

 

 

From the trenches,

Roy Oppenheim

54 responses to “Bank of America: Illegal Foreclosure and Harassment Lead to $6M Settlement”

  1. I should be included in this settlement. Please contact me by mail:
    Leslie Reinbach
    700 N Garth Ave
    Apt. 721
    Columbia, MO
    65203

    lreinbach8@gmail.com my phone doesn’t work properly so please make sure to mail me along with an email.

    Thank You,
    Leslie Reinbach

  2. Corey says:

    Bank of America forclosed on my home as well after telling me not to make a payment yhen telling send a payment for 1800.00, then bouncing me from office to office with bullshit lies. Eventually forclosing and auctioning the property.Then the fuckers make a claim to the irs i profited from the forclosure and they lost money. Jump to 2018 and the irs takes almost 1000.00 of my tax return because Bank of America says so, wtf.Those cocksuckers get a gov bailout, and I get taxed.If I tried to pull some bullshit like that , it would be considered tax fraud. Love it!

  3. Wanita Frost says:

    I went through the same ordeal with bank of America. Modifications sent over and over but never approved or denied. My home was also broken into from the back freezing the water pump and toilet. The neighbor approached the male boarding up windows in the middle of the night. My neighbor asked if this a legal foreclosure then why are you doing this at night and while she still lives here and at work. They also tried to lock me out before they had served any final paperwork. But they locked a door I never used. I also had a van with tinted windows sitting right outside the driveway. In the wrong side of the road. I wasn’t as fortunate and ended up losing my home and homeless after 23 years of owning the home. I have title sent to me at transfer to countrywide it says for the sum of a 1$. There was no legal help in Maine.

  4. Selma Wrubel says:

    A beautiful story with a happy ending, wish this was mine. In 2015, we went to your office for a second opinion and a Chapter 11 bankruptcy. After we were advised by the trustee to retain the best attorney we could afford. After researching your qualifications we chose your services. We explained that we were having doubts about the procedure of our attorney. You never bothered to check the process and instead call our attorney to ask about how he was handling our case. You forgot to ask him if a person earning social security and having no other disposable income was supposed to be in the Chapter 11. We were never informed that this would be the most expensive chapter. Also you forgot to ask for documents to prove our suspicion. Now, we were dismissed, we lost our property by foreclosure, and we are in a terrible financial and mental situation. We are mentally physically and financially ruined and exhausted. We put you in a high regard and we believed in your ability to defend our case and you never bothered to fight for us, despite charging us legal fees.

  5. David Giles says:

    I was a victim and never received anything

  6. Hector says:

    Hi, I just read this article you’ve published here about Bank of America; interesting enough. I need help with my mortgage case. I was hoping you might show the way to any one special Law entity that could hear me out and evaluate my case. It so happens that the investor of my account is DMSI ( Deutsche Mortgage Securities Incorporation) from the start, although the Bank administrator has change hands. I’m somebody who wants to pay his mortgage account but wasn’t allow to because the balloon account had mature; and now the second bank wants me to keep on paying without refinancing an account that has a 9.75% rate. Plus, other abuses they’ve committed with my family. We need help. Thank you for your time.
    e-mail: negroni77@gmail.com

    case #: 79848

  7. tora says:

    i did not received any settlement from bac for not approving my loan modidification in 2011 and forclosed on my home i was a single parent at the time

  8. Kathy Jackson says:

    We live in Virginia. Ours is a long story starting in 2009 we bought in 2007. We were told we could do a short sale by BofA. We had a great offer and then they denied the short sale due to several reasons they said my heath was not bad enough. My disability was hampering me from going up two sets of steps in our townhome. We could not sell due to being 100k underwater on a 255.000 mort. I believe our mortgage paperwork may be part of the BofA Countrywide debacle. I am sorry I am rambling. As I said they denied the short sale they invited me to do. I did not send in the paperwork. The normal for them. They foreclosed on us in 2015 for less than our short sale amount. I have boxes of letters that contradict each other. I have letters giving me five different customer service reps in one month. Yes my husband and I did suffer personal and financial losses. If the statute of limitations in Virginia has not run out I know we have a great case against them. If you can’t halp me could you give me the name of an atty that could help me. I have great records. Thank You Kathy Jackson

  9. anon says:

    Someone is san diego is going through it too, only they have real evidence of major fraud.

  10. Britt says:

    Wow… your stories all sound like what we went through after our home flooded in 2016. We were told we would be given hardship leniency (3 months- then all was due) at the time, we would take what we could get. We had never been late on any payment prior to the flood, but continued to change our payment amounts and would not correctly post payments. The only reason I am at this site is because I noticed that I had a third party tracking site enabled on my phone. After looking at my husbands phone, it was on his as well. It was showing up as Bank of America fraud mitigation Dept. Apparently we had unknowingly given them access to our phones data. I never agreed to that, but somehow they were tracking. I was trying to figure out what exactly was tracking my phone and was brought to this website (not immediately- but eventually) this is craziness. BOA has sense sold our mortgage and so far so good, I am really happy with Carrington. I have all the documents showing the information that proves BOA did us wrong, but unfortunately are still trying to recover from flood. It took our family almost 2 years to be able to recoup the flood insurance money from our claim. I am tired of fighting with them and have given up on trying to figure out where my payments went. I am just happy to have a mortgage company that seems to really care about us.

  11. Lin says:

    I’ve been dealing I’ve been dealing with it to really really bad depression because of Washington Mutual stealing our home from my children. And I may have a heart attack if it’s the last thing I do though I will get compensation for my children for all the years that they’ve taken and destroyed. Some people don’t understand what a major setback and disaster that can be for a single mom I’ve been through hell I feel for anybody out there that’s going through the same thing and I wish them the best of luck and don’t trust Shapiro and Jason Sherman if you’re in the Phoenix area. They’re all they’re all part of a huge scheme the worst criminals are the ones that have a license to do it but they’re going to get busted their day will come I have faith in Justice. It I’ll catch all catches up with us in the end so hang in there everyone.

  12. Lin says:

    Don’t let them just pull this off on you and you’ve got the right instincts what you need to do is go to your district court and file it there it’s not the easiest thing in the world to do is follow along and do as they ask if you have all the paperwork in the evidence you’ll be fine they will raise the bar there’s a thing called raising the bar when damages are brought about by large organization such as the banks what you describe will fit that criteria I know I’ve done it myself best wishes to you and I hope your health gets better

  13. David says:

    My ten year foreclosure nightmare here in NY started with WaMu refinance in 2006. Over appraised my home by $100k. Chase filed affirmation in 2009 with copy of note not endorsed. re filed in 2013 with Cynthia Riley endorsement. 2 forged notary assignments, Bayview files again in 2016. finds $6,700 in un credited payments. Can’t explain why. This has cost me a marriage and financially ruined me and my credit. They have no original note. The fraud continues today. Nothing has changed

  14. Jacqueline Kendall says:

    I was foreclosed on in 2011 after asking for a modification that I was denied because “the home was not owner occupied” although I have over 400 pieces of correspondence to that address. I also completed 6 applications, and a so called attorney who turned out to be a para legal I hired completed another 3 applications. They stole my home from me and gave me an initial settlement of $6,000. My down payment was more than that and I made mortgage payments for 10 years of over $1700 a month. Then I incurred over $10000 in moving expenses and down payments trying to find someone who was willing to rent to me since I was considered hi risk. I continue to read about a second round of settlements but not received a single penny. If someone could give me some direction in how to apply for or access the second round of settlements I would greatly appreciate the help. Thanks you so much!!

  15. Susan Richardson says:

    It doesn’t end. Almost 9 years. Credit around 800, $300,000 equity, zero other debt. Now 73 with end stage lung cancer. Crooks, along with Eric Holder, belong under the jail.

  16. Felisha says:

    Felisha, I’m a victim of Well’s Fargo,Countrywide and Bank Of America. I was paying 2,100 a month was told to wait three months and not to pay. This was for a modification. We’re going to work out a plan. Make along story short, Paper work was always missing or they would find it and now it’s out of date. I was told there’s nothing I do my house was up for action and I need to move out. I change my Id, and took headstead taxes off home. Then was told by Bank Of America to move back home. I’ve live my home over 20years and I’m still fighting fees all three banks placed on my loan then they sold the loan.

  17. Delois Banister says:

    J P Morgan Chase and U S Bank, N. A did this same thing to me, I will be going to Federal court on April 22, 2019, I really need a Lawyer, every lawyer I have talked with, looked at and read the case, but never got back to me. The first Attorney I had in the Circuit court, as soon as he filed a the case in April 2017 and went to court on May 2, 2017, died either May, 2, or May 3, I found out May 4, 2017. Mr Steven Richek, God rest his soul, told me that the case was very egregious.

  18. Jan Leinweber says:

    We were in TN and BOA stole our home from us and we NEVER had a loan with BOA! We were in the process of moving to another county in TN and they caused us to lose the sale of our home and kicked the new family out. When they supposedly settled & were supposed to pay all of us who were defrauded by BOA, they had less than a day notification to go to Nashville for our claim so they didn’t pay at all. I still see the same lawyers that handled the fraudulent foreclosures in TN are still doing this to other folks. Oh, and don’t forget they used the names of deceased folks in TN & TX as notaries on all their fake documents. The lady in TX had been deceased several years. Rubin Lublin & Shapiro & Ingles are key lawyers in TN for Fraudulent foreclosures.

  19. Patricia Boglin says:

    Kathy Jackson: I just saw this article, sorry for delay. I would recommend Kristi Kelly of Kelly Calhoun (I think that’s the correct name of her firm). She has a great reputation as a consumer rights attorney and has helped other VA families fighting banks.

  20. Theresa Everett says:

    My late mother owned her home outright, but in her dementia took out a loan from Bank of America, I found out when she was hospitalized, I called them, she owed 6,500$. I offered to pay and they refused. I had her things moved, the home remained vacant, for almost a year. I believe it was a predatory loan. It’s been 15 years, but I still believe they took her home illegally, her taxes were paid on time as well as insurance. She passed away in 2016.

  21. Vet says:

    This is very interesting! I tried several times to get my home loan modified. After a couple of years and talking to many different people I got no where. They told me the same crap, you have to miss payments in order to modify your loan! I had no idea this happened to others out there. The stress and aggravation BOA caused was unbelievable! Trying to get this done was like a full time job! I ended up doing a short sale on my home and when that process started BOA magically sent me a packet that was a loan modification! At that point I refused and short sold my house. I was done dealing with them! I’m happy this family won against them and I hope they get their money because I totally understand what they went through. It was horrible dealing with BOA!

  22. Donna B says:

    Florida resident here – similar set of circumstances. Chase rep told me to stop making payments in Feb 2008 to qualify for 1 of their modification programs. Foreclosure filed in Oct 2008 with lost note count and memo from bank lawyers stating title work showed they did not have perfected security interest….MISSING LEGAL DESCRIPTION on the recorded documents! Kept sending EVERYTHING that was requested of me – still NO MODIFICATION. Filed Chapter 7 BK in 2009 – mortgage debt discharged. Fast forward a few years, “Original Note”, 3 assignments of mortgage (includes 1 from MERS to Fannie Mae 3 months AFTER MERS assigned the deactivated ‘loan’ from its tracking system) and 2 allonges have been filed with the clerk of court (signed by the likes of Bryan Bly, Christopher Jones, A. Young, Tiffany Bitsoi, Vilma Castro, etc.) Requested QWRs from Chase and Seterus – each replied with conflicting data. In 2017 those documents were considered legal and effective and Final Judgment was entered and sale date scheduled. Recently filed Chapter 13 and waiting for modification from Nationstar/Mr. Cooper ??? (first I need an answer to the question of who has standing to pursue payments, how much and any further enforcement against me/the property). Records galore to verify this is a wrongful foreclosure!

  23. Nayra Bernacki says:

    HI. I am here in Chicago, I am a minority (Hispanic, woman and disable) I have been in foreclosure since 2011. BAC sent me to wrongful foreclosure. They put me in two programs in the same time. (error by the finger? or fraud) I applied for refinance in February 22, 2010 paid my monthly mortgage Feb 4, 2010, my property taxes (March 1, 2010) and my insurance (Feb 15, 2010).
    Paid March 3 my monthly payment, March 18 I received a letter I kept for something not related to refinance. April my Monthly payment,
    and May my monthly payment and my appraisal on May 10, 2010 and extra payment they told me to owe. I told them the payments were misapplied. I saw them in different columns. (I studied accounting)
    June 2010 Loan cancelled. No motive. June by phone heard I am in default. I paid July 2010 Insurance for one year. Found they pay property taxes and forced insurance. I become ill with phone calls, was forced to divorce, my former husband wanted to help me and committed suicide. My family suffered distress, bad credit, and everything you can think off. Hired 4 lawyers, no one got any discovery. I become my own lawyer, sent 11 or more RESPAS. Only on April this year I was able to file a complaint to the CFPB and forced BAC to answered me.
    FORTUNATELY for me they complied with lies. 1) Refinance in their books was not even an attempt. 2) Insurance was on me and 3) they paid the taxes because I was delinquent.
    My answer was an another complaint (open) through the same CFPB with proof of the 1) the Refinance with many emails I did (I requested from AOL and was able to search it) plus the appraisal I paid.
    2) the two payments from STATE FARM insurance which were not only current. The force insurance cannot be explain since I paid it before they did.
    3) the deadline for property taxes cannot be explain because they paid it before it was delinquent.
    4) I also attached the letter of loan modification they sent me since they put me in that program which I have not qualified because I was not late and in December of 2009 I paid extra 200 dollars to principle which means I was in good standing, paid on time history and score of 804… they are facts. They transfer and sold the note to different buyers. They just confirm the sale this month.
    BAC asked me to wait. I want to file a law suit and lawyers said it is too late. Too late for fraud? for lies and breach of contract? for forced insurance? What is happening with the law system and the 11 RESPAS not addressing the correction of errors? Those are evidence BAC can violate anyone rights, destroy lives.
    Can someone help me or give me a referral for someone with guts and honesty? Am I asking for something impossible?

  24. Penny Tackach says:

    I need ASAP in a foreclosure that has a hearing coming up soon. Around 2007ish BOA started calling me in CT threatening foreclosure. We did not miss a payment or anything. Then harassment started and continued and then we were locked out in 2010 and served here in FL 2015 with a foreclosure. They scared us out of a home we put all my retirement savings into and doubled the square footage, we ended up filing bankruptcy and it was discharged in Feb of ’09, but we paid into 2011 the mortgage and never missed a payment. But they wrongly kept charging 95. late fee every month, which we were not, they wouldn’t stop this. We currently live here in FL. Even after the bankrupt. they would not remove themselves from our credit reports even though they were told to. We currently don’t want the house because of what they put us though and all the costs. Please call, 203-751-2868 tomorrow, if possible. Tues. Thank you, Penny Tackach

  25. C.J. Savage says:

    Have gone through the same thing only went thru a couple of attorneys that were paid off by the bank and finally got a great attorney, APEX that had just started moving our case into the Federal Court then they suddenly closed up, went out of business. I am again looking for an attorney to represent us in ILLINOIS. Have 125 bank violations that include forgery, fraud, harassment, elderly abuse, racketerring, etc. Anyone know where I can get an attorney to take our case?

  26. […] industry: the predatory lending that precipitated the 2008 housing crisis; Bank of America’s illegal foreclosures; industry-wide wage theft; and Wells’ Fargo’s history of opening illegal accounts. With its […]

  27. […] industry: the predatory lending that precipitated the 2008 housing crisis; Bank of America’s illegal foreclosures; industry-wide wage theft; and Wells’ Fargo’s history of opening illegal accounts. With its […]

  28. […] industry: the predatory lending that precipitated the 2008 housing crisis; Bank of America’s illegal foreclosures; industry-wide wage theft; and Wells’ Fargo’s history of opening illegal accounts. With its […]

  29. […] industry—the predatory lending that precipitated the 2008 housing crisis, Bank of America’s illegal foreclosures, Wells Fargo’s history of opening illegal accounts, and industry-wide cases of wage theft. With […]

  30. […] industry—the predatory lending that precipitated the 2008 housing crisis, Bank of America’s illegal foreclosures, Wells Fargo’s history of opening illegal accounts, and industry-wide cases of wage theft. With […]

  31. Humberto Flores says:

    I am in need of an attorney willing to take our FRAUD foreclosure case, that has been tried four times. The Judge called it an invalid mortgage and note. The decisions have been three times but they have come back for a fourth attempt after a one day trial The court found in our (defendant) favor, only a little over a year ago. They are back to try to find a judge that will be in their favor. MORE INFO> PLEASE
    LEAVE MESSAGE AT 407 800-6864. Orlando Florida. H Flores I will call back with more details.

  32. Humberto Flores says:

    I am in need of an attorney willing to take our FRAUD foreclosure case, that has been tried four times. The Judge called it an invalid mortgage and note. The decisions have been three times but they have come back for a fourth attempt after a one day trial The court found in our (defendant) favor, only a little over a year ago. They are back to try to find a judge that will be in their favor. MORE INFO> PLEASE This is my first time posting this comment.
    LEAVE MESSAGE AT 407 800-6864. Orlando Florida. H Flores I will call back with more details.

  33. E. Keith says:

    I have a case which I submitted to the Consumer Financial Protection Bureau, to help assist me against Bank Of America, I filed 2 complaints and asked that there supervisors look into my situation, where BOA was totally in the wrong for my foreclosure, BOA representative told me the procedures on how to obtain a modification but each time I called back they would have me go through the process again from starter I send documents stating our income, they miss calculated our income for the modification after sending the documents. I went through HUD agency which represented us to go through the language jargon, can anyone give me a attorney which can look into my case. This happened in 2010.

  34. Hope Brown says:

    B of A foreclosed and sold our home after we had filed bankruptcy and were doing our 9th application for home modification. They Tried to sell at Sherriff sale and wasn’t able to so they privately sold it to FHL or Fannie mac for $1.00, now they supposed new owner is trying to evict me from my home of over 15yrs. I have been battling with B of A since 2009 on and over foreclosure and selling the property. I need to know if I have a case or not to keep my home. THX. Hope

  35. RICK LOYD says:

    Hi ,I have been involved in Countrywide/Bank of American Since 2008, I can’t hold on much longer.This Morning Iv’e started to prepare a reason for how this has become the worst of my 57 years .Iv’e tried to get out of this nightmare that has cost me everything I have worked for my entire life. I never will except that doing the right that I thought I should do by fighting back would ever come to letting Countrywide/ Bank America take the dream away of being a debt free owner of a home some day. I have everything that proves ,every law that contains unfair lending practices,transfers of tile,transfer of deed,mishandled loan agreements,falsified initials on 14 pages of security instruments if with having no way out of this loan Agreement Today .Iv’e bought 4 homes since 1987 to this home today as the 4th home. I never missed a payment 33 yrs, credit score always been at least 750 or higher. Since Countrywide in 2005 and Bank of America taking over in 2008 with forcing not to let me do a modification because of there wrongful , greedy ,so called trying to help by giving me a 10 year interest only modification i never applied for during the time of 2008 has became 10 years later for me to become the next VICTIM of SUFFERING from the 2008 CRISIS To lose a home as only Trying not foreclose for the last 10 yrs.The feelings and thoughts going through my mind right now is There’s nothing more embarrassing to face than Iv’e failed because knowing Bank of America ,has hidden behind the facts ,of coming forward to admit any wrongful,lending in my case Today. Its a SAD DAY, and Very ugly World we live in as BANK OF AMERICA is still here doing what they do best stealing peoples money that had in trusting them with our MONEY’S. Amen God bless the rest of the victims of the crisis of 2008 . Bank of America needs to go away … THERE THIEF’S …

  36. Elena says:

    I was illegally foreclosed by Goldman Sachs who acted under glimpse of “Deutsche Bank as Trustee for non-existing Trust and “Wells Fargo” as a Servicer. Chicago Judge Robert E. Senechalle, Jr, who was a brother-in-law to banks;a lawyers top partner, criminally concealed material evidence – purportedly “original” Note without any assignments from my case records to defraud me and the Higher Court who never saw the documents based on which Senechalle awarded my property to Goldman Sachs. When I tried to reverse, Senechalle threatened me from the bench with “contempt”; invited corrupt clown-impersonator lawyer O’Malley from AG Foxx’s office who was sitting at the hearing and posing as a “criminal prosecutor” who will put me in jail. When I appealed this void denial, “Judge” Senechalle hired three sheriffs to deliver me his bogus “Rule to Show Cause” while he had no jurisdiction due to my Appeal. In Chicago bullies and main criminals are Judges who enable and support banks fraud upon the Court – and regularly commit it themselves.

  37. Jim says:

    In no reality should an Hoa even exist in America let alone have the power to find someone twenty grand.
    Banks have become out of control and the mortgage abuse they engage in have repeatedly fucked over the lives of many Americans who couldn’t afford to pay for the legal aid and use the big billfolds justice system.
    This corrupt bullshit is happening to me right now, the previous bank sold the mortgage to another bank and the second bank’s attempting to foreclose without a payment ever being missed. I’m sure I’ll get my constitutionally deluded due process where a goddamned corrupt judge will grease me up before letting the bank fuck me.
    America’s justice system is a goddamned joke, a privilege for the rich and an illusion for the poor.
    America’s a goddamned joke, a nation whoring itself out at the expense of the almighty dollar and the finest stupidity that it can buy.
    The big billfolds have ruined this country, just like they’ve ruined everything else they’ve touched throughout the course of human history since the birth of civilization. These people and their greed are a goddamned disease upon mankind.

  38. nancy says:

    in 2008 BofA forced me into a default and wouldn’t let me catch up. statute of limitations is 5 years. It’s been over 10 and they sold my loan even though it was an in house loan and non assumable and after one foreclosure dismissal years later they are back and then threw in a substitute plaintiff. A retired family judge and a defence attorney who left his mind at home and my family 75 year home is now up for a sale date. None of it is legal. No one listens.

  39. S. Romero says:

    Just another victim to BoA. They lied and cheated and I lost my family home in San Diego. I cannot forgive these disgusting BoA employees. I pray you lawyers bring some earthly justice. Trusting in God for His judgement.

  40. Ahmed says:

    My situation is ditto like described here in this news article.
    I have presently filed proSe against BofA.
    Anyone of yall here, especially those who have commented here, Please contact me. I am seeking help as to how to go about in representing myself in the court.
    My email is infraamerican@gmail.com

    Regards
    Ahmed

  41. rick loyd says:

    On September 5 th I responded after reading the story of the worst of the crisis with the Sundquist case. Roy Oppenheim you should feel very proud for taking on Bank of America, Great Job. Bank America had the world to think they were going help the mortgage loans from the misleading fraudulent mortgage loans of Country wide Greed to succeed with Bank of America being involved doing the same as years have past showing up as today June 20 2020 doing the same fraudulent acts of the laws and paying fines to hide behind the truth of it all.It’s not fair to allow Bank of America feel there above the laws ,and keep letting them do the same to hard working honest people trying to own a home. Bank of America walked away taking $438k from the time of 2008 to 2018 as selling my loan off the day its 10 yr interest only loan they profited from and tells me as of a law suit I recently have been involved that they will settle for $6k if I sign a wavier that I can’t try and sue them again .I feel sick as if my Attorney was paid off to continue pressuring me to sign this 10 page agreement as I’m refusing to do as all 10 charges were answered as time -barred .I’m not done with moving on knowing Bank of America walked a way with the $438k and basically feels proud about it as saying to bad , You should of filed this law suit sooner. As my new loan service refusing any-type of forgiveness stating there not the originator on the loan and Bank of America stating with documents to back up this tells me they no longer have to answer to my questions about this loan .This leaves me in a world of a loan I’m as a hostage situation , unless I refinance . I don’t make the income to qualify for this loan amount that has been fraudulently sold from the beginning as why in 2008 I had to decide to foreclose or continue with a 10 yr interest only loan to have a roof over my head. I’m almost out of all my retirement moneys and savings to stay alive today as on March 18 2020 Rushmore loan service has put me in default of my loan terms of a past due late charge bank of america in 2013 made a error trying to cover up a misleading term of a recast that continued to show up as a late payment 8 yrs ago. Today i found out the deed of trust contains 3 different original copy’s as refinancing companies have questions I Can’t get answered as from bank of america send my request to there attorney saying the settlement is holding up my questions ? This sounds crazy but all true and refuse to sign for all reasons of Bank of America whats to be free of this for settling $6k . All bad All wrong with facing a foreclosure letter any day.

  42. Christine Berky says:

    DannLaw

    https://www.dannlaw.com/

    Cleveland Office
    216-373-0539
    Cincinnati Office
    513-645-3488
    Columbus Office
    877-475-8100
    NY/NJ Office
    201-355-3440

    Call them! They are the only attorneys that I have found that would take our case. It’s finally proceeding through the courts. Although we are at the beginning stage, there is hope! Call before it proceeds further.

  43. G. Houk says:

    I believe many people deserve their day in court against the financial institutions that destroyed their lives, dreams, memories and futures of both them and their families. It was nice to find out someone actually had their day and won. Even though the win was bitter sweet, it was none the less a win. I like many lost their homes from the 2008 crisis. I had completely paid my home off in 2006. And in late 2007 had decided to look for a loan for around 35,000, I was contacted by a broker who filed a loan I was unaware of (until my son uncovered in 2020) the misrepresented documents they had me sign to verify my identity and used them to remove my deceased husbands name from title.Then they called me a month later or so and said they had an offer from me from Countrywide Financial in the amount of 75000.00 (the same amount of the bogus loan filed by them), I immediately said “NO” to the offer, would not even consider it and hung up. They then called back and told me that Countrywide reconsidered and would give me the loan as I requested but I may have to let them pay the property tax and Countrywide would contact me which they did but they never mentioned the 75000 loan filed by broker and now claimed by them. The next thing I know I have a loan for 97500.00 being serviced by BOA, no documents, no one can tell me anything with bank and broker pointing fingers at each other and just this year my son finds the documents that Countrywide had a check from loan proceeds sent back to them for 75,000.00 for a loan I never agreed to or even knew existed…..so they stole money, home and controlled every aspect of my life for 11 years including my credit report (they change them to reflect their paperwork) I finally got the proof from the creditors they claimed to have paid, that the loans showing on my credit report and updated in 2011, never in fact existed). Just don’t know where to go from here. But I can honestly say that the lack of paperwork was not only because of abandoned underwriting, it was also designed to keep the borrowers from finding the fraud committed against them. I am not sure my health would hold out in a lengthly battle. By the time they foreclosed I had already paid over 80,000.00 or so that I never in fact ever owed and my health from the depression and anguish had me close to immobile. And know when I go through the paperwork, I just can’t breathe. First I lose my husband in 2006 and in late 2007, they basically steal my home. I certainly hope others will follow suit like this couple, and fight for everything taken from them.

  44. Harriet Nicholson says:

    Bank of America’s agent conveyed title to Bank of New York without selling my property as notice. The trustee was not present at the courthouse to sell the property. After litigating more than two years, while lawsuit was pending to rescind the foreclosure sale and cancel deed; the bank’s agent secretly filed a notice of rescission and reinstated the loan documents without my consent or knowledge. To avoid an adverse ruling against them, Bank of America conceded the foreclosure sale was void, deed was void, and the rescission deed was null and void. The Court order the bank a second bite at the apple after their fraudulent act.

  45. JuliaH says:

    Some how Bank of America’s changed my PMI to MIP insurance which was fraudulent , I never signed or authorized any changes to my insurance policy and when I looked backed at my mortgage statements that had tax records on the back they have me down as having an FHA loan which I never had…..the only thing I can do is just send copies to the OCC and let them investigate. I also received copies of settlement papers that they sent me that don’t match my original docs they’ve been whited out and changed with new names. My attorney never filed a motion and I lost my home. I’m at least thankful that I have all my paperwork from Countrywide back in 2005 along with Fidelity and Genworth who was original General Electric maybe the OCC can give them some more fines. The whole ordeal has been very hard on my families health. I had to file a police report for identity theft it’s been a nightmare

  46. michelle a rivard says:

    My foreclosure nightmare,
    Chase Bank as server only illegally started the process of foreclosure on our home.
    I will only go over the worst points Chase bank filed into evidence two conflicting promissory notes. The false promissory note listed me as a borrower.
    Fraud on the court was committed as various petitions were filed from September 14th until May,my husband and I were in negotiations with Chase Bank to modify our mortgage or reach a mutual beneficial settlement.
    The petitions contained false material fact that Chase bank my husband and I we’re working diligently with one another to do a loan modification and or settlement in the best interest of both parties.
    I personally never spoke with Chase Bank or worked with them on a loan towards a loan modification.

    My husband was deceased he was not speaking with Chase Bank in his best interest to modify his loan my husband was dead.

    If that is not blatant fraud on the court what is.
    My opinion that is fraud on the court worse than any document fraud there is no gray area no one can speak with a deceased person and the court holds no jurisdiction to issue orders involving a deceased individual

    Lancaster county court in my humble opinion should have immediately dismissed the case after we filed a petition to dismiss for fraud on the court. I don’t even know if our petition was ever even read or considered everything was always just stamped denied with no explanation.
    Going forward of course there was document fraud and Fabrication
    Two conflicting promissory notes one in my husband’s name only and referencing the deed of trust mortgage being in my husband’s name only.
    I was able to secure some of them Master loan documents from Chase Bank after Chase turned the Foreclosure over to Rushmore and the very questionable US Bank as trustee scheme.

    Chase bank provided me with the original wire transfer of funds made out to my husband as the borrower.
    No funds were ever issued in my name I was wrongly accused a being a borrower who defaulted and did not pay on a mortgage note loan thus my home was wrongly sold at Sheriff sale.

    My understanding of borrowing money is the bank actually issues the money to you in order for you to become a borrower and party to their promissory note contract.

    . My name was also not present on the master loan application or the federal documents required by law to enter a mortgage loan. The stand alone true fact is that my name was not on the check sent to settlement company.
    I was not a borrower as portrayed on the lawsuit and complaints
    I was fraudulently dragged through the court as a borrower causing the loss of my house ruining my credit and my reputation within the community.

    Chase, Rushmoore, and US bank as trustee and court blatantly ignored clear and concise documents, Chase Bank did not work with my husband and I on a loan modification”no one can speak with the dead”
    ” I was absolutely never a party to borrowing money or signing a mortgage” all parties should have realized a mistake, omission or fraud was wrongfully used to foreclosure against a deceased individual” is there any hope I still can’t believe this all happened.
    Our beautiful family home was just left to deteriorate it’s been vandalized the doors kicked in by the property management company that illegally turned off the utilities before any ejectment went through the court items were stolen some of them family heirlooms I’m told it is illegal for property management company to lock you out and kick your doors in I informed the court and I never heard one word I informed the police everything they tell you to do and I was ignored you feel like you just don’t exist and the law and the court is not there to protect you or at least give you consideration thank you for listening it’s been a long road to go

  47. Levy Benjamin says:

    I TELL WHAT’S HAPPENING HERE IN FLORIDA, WHERE THERE IS A SOPHISTICATED AND TENNESS “FLORIDA FORECLOUSURE MACHINE” THERE IS A BOLD BOOK THAT TELLS THE TIP OF THE ICEBERG OF WHAT’S HAPPENING, THE NAME OF THE BOOK IS : ” CHAIN OF TITLE, AUTHOR DAVID DAEN.
    I AM BEING THE VICTIM OF A BANK FRAUD THAT STILL STEAL AND CHANGE THE MORTGAGE AND IF YOU COMPLAIN THEY CURSE YOU. I WOULD LIKE TO SEE JUSTICE BACK TO REIGN IN OUR DEAR USA.

  48. J. R. says:

    Countrywide mortgage in 2008 sold to BOA MARKET CRASHED … 2011 we never missed a payment and were told to miss three payments in order to be considered for the modification program, successfully paid the money only to be denied a modification in the end, three years later they foreclosed. They never applied any of the money towards the mortgage paid during the modification period.

    They should have to pay back the money paid during the modification period with interest!

  49. Edward Crespo says:

    In March 2008, in its downtown Hollywood, Fla. branch, Bank of America’s then senior loan officer, Elvis Castro, began pressuring me to refinance my mortgage loan every time he saw me in the lobby. My current mortgage was only a few months old and I was perfectly happy with it. Castro’s “sales pitch” was the promise of a lower interest rate and a payoff of my credit cards due to the “huge increase” in my property value in just the past few months. All this just as the real estate market collapse was beginning! At the time, I didn’t know BoA had an “Incentive Bonus” plan which paid its loan officers extra commissions for exceeding their normal quota of new mortgages and re-fi loans. I told Castro I had just lost my regular full time job as a casino ship entertainer and would not be able to show any current income to qualify. His response was “Don’t worry, we’ll qualify you based on your PAST deposits.” “We do it that way all the time.” He and some other Bank employees got the loan approved by FORGING falsely inflated income information on my hand-written loan application after I turned it in to Castro. As a long time BoA customer, I had no reason to doubt Castro’s truthfulness and did not suspect he was committing FELONY mortgage fraud to get his Bonus money! Shortly after the closing during which I was not given a chance to read any of the docs I was signing, I was told the truth about how the loan was approved. Realizing I had been defrauded, I stopped all payments immediately and have NOT made a mortgage payment in the past 11 YEARS and I’m still in my home. The Bank’s crooked, lying lawyers have always claimed my hand-written loan application “doesn’t exist” but I have confirmation letters from BoA that say otherwise! Regrettably, in the 17th Judicial Circuit Court in Broward County, Fla., many of the Judges are “nestled comfortably in Bank of America’s pocket.” One of them even RECUSED herself to avoid an investigation into the likelihood of a pre-existing business relationship she has with BoA.

  50. Ellen Russell Martinez says:

    I’m disabled with a son who has autism and other neurological disabilities and live in Virginia. I purchased a home in 1998 and month after our first mortgage payment the nightmare began. Bank of America claimed I wasn’t paying the mortgage. I began paying the mortgage via CERTIFIED MAIL with RETURN RECEIPT and they still claimed it was never paid even though I had a signed green card. Then a strange man started coming to my home between the hours of 9pm to 10:30pm to ask if I was selling my home. Social services refused to help us and the police refused to help us. No one would help. I couldn’t afford a lawyer. There was never any court dates or any notice regarding a court hearing. I came home one day with a note from the sheriff’s department stating I had 5 days to leave my home and my son and I have never recovered from this nightmare that has been going on since the bank stole my home and kicked us out into the street in 2001.

    My son and I ended up in a horrible homeless shelter and was terrorized and then ended up in government subsidized housing that was wet and moldy with no way out and suffered serious health issues because the landlord not making any repairs and threatened eviction if we complained. Several people died in those apartments and our health was declining. That landlord EMBEZZLED 1 million dollars and the authorities would not do anything.

    A couple years before Bank of America stole my home, they did same thing to my truck. I had only 2-3 payments left on the truck and I woke up one morning to my truck being stolen. I called the police and they informed me that Bank of America repocessed my truck. I called a lawyer and they said Bank of America was to big a bank and for me to not bother as no one would take on BANK OF AMERICA.

    My life and my son’s life has been destroyed by Bank of America. Bank of America even had taken money from my savings and checking account before I bought the house they stole.

    When I found an out of state lawyer willing to take the case and not charge me unless he won the case and he said I had a good case, but no virginia lawyer would give him the connection he needed to take an out of state case and even the virginia lawyer referral service refused to help and told me I had to pay a fee each time I got a consultation with no guarantee anyone would take my case.

    I desperately need someone to take my case to sue Bank of America.

    What is it with these banks and credit unions? Even Apple Credit Union stole $500 and closed my account and stole several hundred dollars from my son’s SSI account. They claimed I owed them money. They kept changing their story as to how I owed them money. First they claimed they gave me a car loan, them it was an ATM overdraft, then it was a consolidation loan…none of which occurred. I didn’t even have a car at that time. In 2014 they admitted they had no proof I owed them money yet they stole money from both me and my son’s account and we never got that money back.

    How can we get justice for what was stolen from us? Our lives have been destroyed and we’ve never recovered from this neverending nightmare.

  51. Fredrick Riley Schneider says:

    I am just reading all this today and very interesting to say the least. I have been directly and indirectly involved with nasty, crooked old Bank of America since back in 2008. I initially had five (5) loans with Countrywide Home Loans that were refinances of five different properties starting back in 2003 and up through 2009 when we completed the “take out loan” with CW! Boy were we ever surprised as the people that worked at CW in Grand Junction, Colorado were really top notch loan agents who has no idea of what was going on with regarding to one of the largest “Ponzi Scams” in America!!
    I sure learned a lot starting back in 2008 after CW was allegedly purchased by B of A through the Red Oaks Mergers, Inc a company supposedly created by B of A.!! We were taking care of my mom at the time who lived to be 95 years old, so we had to spend over $1.3 million dollars for all the years we took care of her and paying for her full time 24 hour care for her last 10 years up until her passing in 2016.
    I was lucky to read “Chain of Title” by David Dayen” and learned of a fantastic attorney in Florida Neil Garfield. Mr. Garfield was and still is a highly successful and knowledgeable attorney who has made it his battle to fight B of A and all the other crooks like Chase, Wells Fargo, and many others. His web page Livinglies has been a wonderful help to me being a 77 year old Vietnam Veteran and not having any money to really fight B of A and their co-conspirators in Shellpoint Mtg. Seterus, and now Nationstar who changed their name to Mr. Cooper – I am sure based upon the plethora of lawsuits against them. Old Jay Bray and many of the officers of Mr. Cooper appear to have had ties to B of A. and many of the other players like Bear Sterns!
    I finally got some money together to hire a great forensic title investigator and he completed an investigation into the last two loans I have left that are now supposedly serviced by Mr. Cooper after they apparently bought out really crooked and troubled Seterus (really a part of IBM if you can believe that!!!).
    I hope to approach some of these major players now, along with phony CFPB to see about a possible forgiveness or drastic loan reduction as I would like to refinance these last two loans.
    I have all the proof going back to when B of A totally stole a property I owed at 15032 6160 Road here in Montrose, Colorado. They even did a phony “assignment” using Michele Sjolander a known and confessed “robosignor” and this is pretty much true of all five loans when they finally did a phony modification of the five loans with phony documments that were likewise “robosigned” and never recorded where they merely took the terms and conditions of the loans at the high rates and extended them all out to 50 years after adding on all back payments, fees and other BS bogus fees.
    All the phony modifications were executed in blank, like the phony assignments by Urban Settlement Services, Inc. as “power of attorney” for you guess it Bank of America!!!! I have no idea where the case is at here in Colorado in “George et al v. Urban Settlement Services Inc. and Bank of America where the Appeals Court of Colorado ruled against Urban and B of A in allowing the case to go forward in a racketeering case. This case it just like mine and also the George Case in Montana where the Georges won out against B of A and the case was quickly settled and then the case was buried by the courts as private and confidential!!! It is unreal how our “injustice system” works !!! The CFBP is also such a phony and so sad where ALL the billions of dollars have ended up with this and many other cases to government has run against the likes of B of A, Chase, Wells Fargo and many others!!!! Billions of dollars expended and more to come and all these crooked lenders are allowed in the courts contrary to

    the doctrine of “clean hands”.
    Also and this is really really bad- our very own government is involved in all this up to their eyeballs for allowing all this to happen extending back to the demise of the Glass Speagal Act where old Bill Clinton allowed this to fall- thus allowing the lenders and the stock market cronies to “get in bed together” and the start of the great con game of all in securitization. Under FHFA our government apparently created the Government Securities Agency to take over Fannie Mae and Freddie Mac which is another huge scandal in of itself!! Wow !!! As a 77 year old Vietnam Veteran I am so
    very sad and very very upset that our very own government has let us all down completely in allowing millions of foreclosure actions that were and are still all phony and literally theft of property from our fellow citizens and putting so many people out in the streets!!! Sad sad sad.

  52. Prior to the 2008 collapse of the real estate market, Bank of America’s loan officers were getting “Incentive Bonuses” for exceeding their monthly quota of new or re-financed loans. Bank of America called it their “Breakthrough Performance Plan” and used it to motivate its branch loan officers to “do whatever it takes to close the deal”…including engaging in mortgage origination fraud by forging loan applications with falsely inflated income, asset and property value information. I have TWO of them in my possession and they are so obviously fraudulent that it is nothing short of AMAZING that they got away with it for as long as they did! Where was the OCC while all this was going on? Where was the oversight? Bank of America’s first FAILED foreclosure action in 2009 was dismissed as a disciplinary sanction for ignoring TWO Court Orders compelling discovery. Ten years later in 2019, they’ve filed a second foreclosure action currently in litigation and with the irrefutable fraud evidence I have against them, I expect the case will be dismissed again…this time WITH prejudice. The Bank and its never-ending parade of crooked, lying lawyers have relied on the Bank’s Uniform Residential Loan Application, (“URLA”), as a defense against my Counterclaim of Mortgage Origination Fraud, but one of the URLA’s is NOT even signed, which makes it invalid. My pending Motion for Judgment on the Pleadings is scheduled for a special-set hearing at the end of September. It will interesting to hear them TRY to explain why there were TWO URLAs for ONE mortgage re-fi loan! Both URLAs are date and time stamped and the second one shows it was generated on April 25, 2008 – the day of the closing! Many people have still not fully recovered from what Bank of America and other lenders did prior to the collapse in 2008 – and they likely NEVER will!

  53. Bee lovely says:

    That happened toy sister as well. Countrywide changed lenders. And she continues mailing in her western union payment. She went back n forth between lenders nobody claimed they received anything. Then they foreclosed on her home. She was forced to leave without having any answers. Or help. Years later comptroller of accounts is showing a reverse payment of one month only.
    What can someone do? After years of suffering, a huge financial crisis, and a credit destroying situation?
    Where is the help ??
    I am glad at least one family received some justice on illegal foreclosure.
    Good job

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