Saturday, May 21, 2011

SEEKING LOS ANGELES REAL ESTATE ATTORNEY TO SUE BANK OF AMERICA ON CONTINGENCY

FOR IMMEDIATE RELEASE
21 May 2011

Seeking real estate attorney to sue Bank of America and help redeem my Los Angeles condominium that was foreclosed by Bank of America, reverted back to Fannie Mae, and sold to a private company.

POTENTIAL FRAUDULENT ACTIONS OF BANK OF AMERICA HOME RETENTION DIVISION

QUESTIONABLE ACTIONS OF BANK OF AMERICA PRESIDENT BARBARA J. DESOER


I am a California real estate agent who diligently, desperately attempted to save my Los Angeles condominium from foreclosure through Bank of America, the paid mortgage servicer of Fannie Mae.



In March 2011, I was assigned a Bank of America mortgage default specialist who requested certain documents to determine whether I would be eligible for a loan modification via Bank of America's Home Retention Division. I faxed 20 pages of requested documents at a Bank of America branch in Los Angeles with help from the branch manager.



THE BANK OF AMERICA DEFAULT SPECIALIST NEVER PUT THE REQUESTED DOCUMENTS INTO THE BANK SYSTEM. I faxed the documents again -- that's 40 pages for documents. AGAIN, THE BANK OF AMERCA DEFAULT SPECIALIST NEVER PUT THE FAXED DOCUMENTS.



The Bank of America default specialist claimed that he closed out my file because he could not reach me by phone. BUT I WENT TO THE BEVERLY HILLS, CA BRANCH OF BANK OF AMERICA, REPEATEDLY CALLING THE DEFAULT SPECIALIST FROM 2PM TO 3:30PM... AN HOUR AND A HALF OF CALLS WHICH THE BANK OF AMERICA DEFAULT SPECIALIST DID NOT ANSWER.



A class-action lawsuit against Bank of America alleges that "Bank of America customer service workers regularly tell homeowners that modification documents weren't received by the bank when in fact they were."



That is exactly what happened to me.



After my horrible experience with the previous Bank of America default specialist, I was assigned a second Bank of America default specialist. I tried to reach her by phone, but could not. She took the day off on a Tuesday, and I did not hear from her on Monday. Moreover, the default specialist had not updated her outgoing voicemail message. She erroneously instructed callers to contact her manager, but that information was no longer current. I found the default specialist's manager on my own and gave him a call. He rudely said he'll wait while I "vent." I said he is dealing with people's livelihoods, not lost pairs of socks.


I subsequently spoke with other Bank of America employees in their Home Retention Division. I faxed all of the requested documents from a Bank of America branch in Los Angeles at Robertson and Wilshire Boulevard via the branch manager. EVERY TIME I FAXED THE DOCUMENTS, A BANK OF AMERICA EMPLOYEE SAID THE DOCUMENTS WERE NOT RECEIVED. I FAXED DOCUMENTS OVER AND OVER AND OVER AGAIN TO SEVERAL FAX NUMBERS. EVERY TIME I FAXED DOCUMENTS, A BANK OF AMERICA EMPLOYEE SAID THE DOCUMENTS WERE NOT RECEIVED. THAT'S WRONG! A JOKE!



In fact, a Bank of America branch manager in Los Angeles made a call on my behalf to a Bank of America mortgage service manager in Brea, California. The bank branch manager specifically stated that the requested documents were faxed every single time from the Bank of America branch in Los Angeles. Hopefully that will hold up in court. I have the fax confirmation proof on paper via the Bank of America fax machine printout.

I spoke with a woman in Bank of America's Office of the President. I gave her multiple fax numbers that I have been given by various Bank of America employees since March. WHAT HAPPENS TO ALL THE FAXED DOCUMENTS FROM TROUBLED HOMEOWNERS? THEY GO DOWN A BLACK HOLE? ARE SUMMARILY DISCARDED? NEVER PUT INTO THE SYSTEM? THEN THE BANK SAYS THE DOCS WEREN'T RECEIVED?

A class-action lawsuit against Bank of America also alleges: "Bank of America also encourages borrowers to default and fails to properly credit payments under trial modifications, treating homeowners as delinquent, according to the plaintiffs. One former Bank of America employee who isn't named recalled seeing homeowners' financial records manipulated in the bank's computer system, according to the complaint. The complaint alleges, "BOA's general practice and culture is to string homeowners along with no intention of providing actual and permanent modifications." "Instead, BOA has put processes in place that are designed to foster delay, mislead homeowners and avoid modifying mortgage loans," according to the complaint."

I know that the ultimate decision about foreclosure comes from the investor, but I repeatedly tried through Bank of America to get a loan modification so I could afford my mortgage payments.



Bank of America should come clean to the homeowners who futilely make calls and fax documents to the bank, only to fall through the cracks.



AGAIN, WHERE DO ALL THE FAXED DOCUMENTS GO THAT HOMEOWNERS FAX TO THE BANK? ARE THE BANK EMPLOYEES TELLING THE TRUTH THAT FAX DOCUMENTS DON'T COME THROUGH? HOW COULD IT BE THAT SO MANY FAXED DOCUMENTS TO BANK OF AMERICA AREN'T RECEIVED?



On May 5, 2011, my Los Angeles condominium was sold at a foreclosure auction, but somehow I still held out some hope.



I called the Bank of America mortgage service manager I had been dealing with in Brea, CA. He said my condominium was sold to "a third party" and there was nothing more to be done.



On the evening of May 9, 2011, I sent an email to Bank of America President Barbara J. Desoer, informing her that I lost my home after repeated attempts to save it.



Early on the morning of May 10, 2011, I received an "URGENT" email from underwriter Staci Fowles at Bank of America that I "misunderstood." Apparently I hadn't lost my condominium at auction on May 5th.

On May 11, 2011, I received a FEDEX-delivered letter from Bank of America stating that my request for a loan modification is under review.

Then on Sunday, May 15, 2011, I was served at my door with a 3-DAY NOTICE TO VACATE MY CONDO! THAT IT HAS BEEN SOLD TO A COMPANY!

WHERE IS THE DISCREPANCY? HOW CAN BANK OF AMERICA TELL ME THAT I HAVEN'T LOST MY HOME WHEN I ACTUALLY HAVE? HOW CAN BANK OF AMERICA CLAIM THAT MY CONDO WASN'T SOLD AT AUCTION, AND THEN THE NEW OWNERS WRITE ME A LETTER THAT THEY BOUGHT MY CONDO AT A FORECLOSURE AUCTION AND WANT TO KICK ME OUT?!

On Monday, May 16, 2011, I called Bank of America's underwriter Staci Fowles, who didn't respond. I had another Bank of America employee communicate with Staci Fowles internally. I was told that Staci Fowles made a mistake by emailing me on May 10th that my condo wasn't foreclosed, and now there is nothing else to be done.



I repeatedly emailed Bank of America President Barbara J. Desoer, who now doesn't respond at all anymore. She is a steely cog in the wheel who is allegedly masquerading as an empathetic bank executive who wants to help troubled homeowners.



COMPLAINTS ARE RAMPANT AGAINST BANK OF AMERICA FROM TROUBLED HOMEOWNERS. BANK OF AMERICA APPEARS TO CON AND MISLEAD TROUBLED HOMEOWNERS WITH AN APPEARANCE OF WANTING TO HELP. COMPLAINTS ARE RAMPANT AGAINST BANK OF AMERICA FROM HOMEOWNERS WHO REPEATEDLY FAX DOCUMENTS THAT GO DOWN A BLACK HOLE.



BANK OF AMERICA'S HOME RETENTION DIVISION IS A JOKE. THE DIVISION ASSIGNS "NEGOTIATORS" AND "SPECIALISTS" WHO DODGE CALLS, DON'T PUT DOCS INTO THE SYSTEM, CLAIM DOCS AREN'T RECEIVED, AND THEN THE BANK BLAMES HOMEOWNERS FOR NOT PROVIDING THE REQUESTED INFORMATION TO GET A LOAN MODIFICATION!

My Los Angeles condominium was foreclosed on May 5th -- a condo for which I put a down payment with inheritance money from my father.



I have lost my home, and question the actions of Bank of America.

Is Bank of America NOT helping homeowners trying to save their homes? Is Bank of America requesting documents that fall by the wayside? Is Bank of America only appearing to be helpful? What is going on?


HORRIBLE SERVICE. JUST HORRIBLE.

If you're a real estate attorney who can take this case on a contingency basis, LET'S GET STARTED NOW!

Thank you!

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  3. Linda - My story is sooo similar to yours. However, we short sold our home instead of foreclosure. After 18 mos of re-submitting and calling and faxing. None of our 'trial' loan mod payments were ever credited. We lost everything! I want to SUE BofA. At least to pay off the second that is now after us! Even two years later we are ruined. What ever happened to you? Did you take legal action yet? I don't know how to do it, but I really want to sue.

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