Hagens Berman: New Lawsuit Filed for Bank of America Homeowners Seeking Modifications

Jul 11, 2013 Full story: Customer Interaction Solutions

Hagens Berman Sobol Shapiro LLP, a national consumer-protection law firm, has filed a class action lawsuit alleging that Bank of America created and headed an illegal enterprise designed to defraud homeowners seeking loan modifications as part of the government's Home Affordable Modification Program, or "HAMP."

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New York, NY

#1 Jul 12, 2013
Pat Kitchen

Margaretville, NY

#2 Oct 28, 2013
Hi, my name is Pat Kitchen. I "own" a home in Arkville, NY. Knowing I was having problems with my mortgage thru BOA a friend sent me a message about your court action.

My AUnt passed away in Oct 2006. As her only beneficiary, I moved to Arkville, NY in Feb 2007 to settle her estate. In order to pay her bills I had to buy her house, I applied for a mortgage to buy my deceased Aunts home.
The initial loan went thru Countrywide and then onto Bank Of America.
Most people were surprised that I got the mortgage because I have been on SSDI since having brain surgery to control uncontrolled seizures in 2003, my daughter got Supplemental Income. I had been in the hospital 2x between March and May 2007, and about 10x between 2005 and 2006 ongoing problems with seizures. In fact the closing was delayed because I was in the hospital. They said that there were several items on my credit that had to be paid before loan would be approved. The payoff on my Aunts Loan was $38,000, she had lien on the house for $29,000 for state funded repairs, after all was said and done, my mortgage was a bit over $90,000.

A year or so after that I had to refinance because of structural damages to garage ($5,000) and again certain things on my credit needed to be paid off. This again went thru Countrywide and onto BOA, now my mortgage was $116,000. Mortgage went from $790 to $930, then there was an increase to $980 (BOA claimed it was because insurance and taxes went up). Town clerk said taxes went up $8.00 and insurance said it went up $100 per year.

I applied for a loan modification 3x all of which were denied. I made what seemed to be hundreds of phone calls that went unanswered and when they were answered either my loan person wasn't their and they would call me back or their computers weren't working and they would call me back. When I finally spoke to someone (I had to go thru Making Home Affordable and suddenly someone at BOA was available). MHA said I didn't qualify for Loan Mod but did qualify for either Deed in Lieu or Short Sale. BOA confirmed that I didn't make enough money for LM (I had an FHA loan), I applied for Short Sale, email said they didn't get paperwork in time (it kept getting lost?). When I called they told me that the computer said I cancelled the short sale. Then I get a letter stating that if I pay either $4700 or $7400 they would approve me for loan modification but in fine small print was their "right" to rescind the offer.

After all this, and being told I don't make enough money they increased my mortgage to $1021. That is when I quit paying and moved out. They accelerated my something and now my mortgage is $1100. I don't make enough for LM but they can increase my mortgage?

I was charged exorbitant closing costs which I asked about, but was told it was the norm.

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