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Bank of America mortgage telephone harassment

A couple of days ago I received a message from Shelly at B of A, 866-468-3402 ext. 16566.  She left a message regarding clients.  I had tried to help them give their property to BofA a year ago.  Despite my clients’ full cooperation, Bank of America DENIED the deed in lieu after MONTHS of agony, dealing with those incompetent morons and they foreclosed about half a year ago.  B of A had both a 1st and 2nd mortgage (Countrywide).

When I returned Shelly’s call a couple hours later, she advised that she could not tell me why she called because she calls hundreds of people a day and their NAME was not sufficient to identify them.

I’ve had some voice mail communications with my clients over the last couple of days as I know that they are trying to modify the BofA mortgage on their home and I wondered whether they gave them my name and number.  According to my client’s voice mail, they’re STILL trying to get a modification and she sounded very frustrated, but she didn’t give them my name. My clients don’t have what it takes to prevail against a scummy outfit like BofA: 

You have to be as ruthless as they are.

Tell them to take that damn house and shove it where the sun don’t shine unless they reduce the PRINCIPAL balance to FAIR MARKET VALUE.

Today I got my clients’ file and I called Shelly at BofA again.  This time I provided the loan number for the first mortgage to her and she replied that she was calling on the 2nd mortgage.   I asked what she wanted since they already foreclosed half a year ago and she sounded surprised.

So I provided my client’s social security number and I asked her repeatedly to PLEASE tell me why she called.   She refused to tell me and hung up on me, stating that she would remove my number from the account.

Unfortunately, my clients are both ill and they have  ZERO chance of getting a fair deal with a modification for their home loan because they are WEAK.

Bank of America has weak people for lunch by the thousands every day.

Not being an attorney, I can’t help my clients anymore.  The ONLY alternative to walking away from the house is to file a lawsuit.

And of course there are NO attorneys willing to take these cases, especially here in Kingman, Arizona, where we don’t have a single consumer attorney and the nearest federal court is in Phoenix — not to mention the corrupt local judges and county attorney.  The bankers and debt buyers rule in rural Arizona.

Maybe one day enough people will get fed up with the banking fraud and take this country back from the bankers.

Until then, I can only hope that many people will take my advice, become judgment-proof, stop paying their credit cards and walk away from over-mortgaged houses.


Beware of attorneys’ “join lawsuit” foreclosure scam

If you’re in foreclosure, chances are that EVERYONE who contacts you to help will scam you. If you’re looking for help, contact NACA and your state or county might provide assistance. Of course YOU will have to contact them. Logically, since they’re not scamming, they’re NOT hiring telemarketers.

The same is true for attorneys. No REPUTABLE attorney will waste time and money on soliciting people in foreclosure. Class actions NEVER require fees to be paid by class members and no reputable attorney would require upfront fees for litigation.

California Says Kramer & Kaslow Law Office Runs Foreclosure Scam

AN NUYS, Calif. (CN) – California’s attorney general claims the Kramer and Kaslow law office is running a foreclosure scam that has suckered “thousands of California homeowners.” The state claims the law office and a long list of other defendants “prey on desperate consumer homeowners facing foreclosure” by selling participation in bogus “mass joinder” lawsuits and “litigation settlement(s),” but “No settlements exist and in some cases no lawsuit has even been filed.”

The state claims the defendants send bogus mailers announcing “Litigation Settlements,” telling homeowners they can join a “national litigation settlement” with their lender, but “No settlements exist and in some cases no lawsuit has even been filed.”

Attorney General Kamala Harris claims: “Thousands of California homeowners have fallen for defendants’ scam, and defendants have exported their mass joinder scheme nationwide.”
Lead defendant Kramer & Kaslow is run by Philip Allen Kramer, its president, CEO and director, the state says. It claims that Kramer, “acting alone or in concert with others, has formulated, directed, controlled, authorized, or participated in the acts and practices set forth in this complaint. Kramer is a resident of Los Angeles County.”

The complaint states: “Defendants prey on desperate consumer homeowners facing foreclosure and the loss of their homes by selling participation in so-called ‘mass joinder’ lawsuits against their mortgage lenders. Veterans of the loan modification industry, defendants use deceptive advertising and telemarketing to recruit consumers to join these lawsuits, at a cost of thousands of dollars each. Consumers are led to believe that joining these lawsuits will stay foreclosures, reduce their loan balances, entitle them to monetary benefits and potentially get them their homes free and clear of their mortgage.

Defendants often initiate the scheme by sending misleading mailers, including ‘Litigation Settlement Notification’ mailers to homeowners notifying them that they are potential plaintiffs in a ‘national litigation settlement’ with their lender. No settlements exist and in some cases no lawsuit has even been filed. Defendants’ mailers nevertheless state that homeowners may receive their homes free and clear of a mortgage, stop foreclosures, and receive thousands of dollars in compensation for damages. The mailer states it is a ‘final notice’ and that a phone in response is required, luring homeowners into contacting defendants.

Once homeowners call the telephone numbers, defendants engage them with additional false and misleading claims. Defendants’ telemarketers, who are not attorneys, provide misleading advice to homeowners regarding legal procedures and the likely results and benefits of joining the mass joinder lawsuits. Defendants tell consumers that judges have already ruled that the banks were practicing predatory lending and that consumers have already received the promised results. Defendants make false and misleading claims the mass joinder lawyers have achieved substantial victories against the bank lenders, including obtaining homes free and clear, stopping foreclosures, and obtaining orders rescinding notices of default. Defendants claim that the attorneys handling the mass joinder lawsuits have tried thousands of cases, and only take on qualified clients likely to be helped by the lawsuit.

“Homeowners are told that a settlement could happen at any moment and only those who have joined the lawsuit will receive the promised benefits. Defendants repeatedly make false or misleading statements to homeowners to get them to sign a retainer agreement and pay them thousands of dollars. Once homeowners sign a contract to join a ‘mass joinder’ lawsuit and defendants take their money, as much as $10,000, from their bank accounts, homeowners find they are unable to speak with an attorney with knowledge of the lawsuit. Basic questions such as whether the homeowner has been added to the lawsuit go unanswered. Some homeowners pay defendants thousands of dollars only to lose their homes shortly thereafter to foreclosure.
“Thousands of California homeowners have fallen for defendants’ scam, and defendants have exported their mass joinder scheme nationwide. In this action, plaintiff seeks an order permanently enjoining Defendants from engaging in their unlawful business practices, granting restitution for affected consumers, imposing civil penalties, and granting all other relief available under California law. By the filing this lawsuit, Plaintiff does not seek to interfere with any consumer lawsuits or opine on the validity of any legal theories used to challenge alleged fraud by mortgage lenders or servicers. However, defendants should not be allowed to violate California law by recruiting consumers into joining even potentially legitimate lawsuits by means of false and deceptive advertising.”

The state claims the defendants also engage in illegal “running” or “capping” to recruit participants in their alleged lawsuits.

It seeks injunctions and $2,500 in penalties for each violation of the state business code, including untrue or misleading representations and unfair competition, “but not less than $5 million.”

Here are the defendants: The Law Offices of Kramer and Kaslow dba K2 Law, Mass Litigation Alliance and Consolidated Litigation Group; Philip Allen Kramer; Mitchell J. Stein & Associates, Inc.; Mitchell J. Stein; Christopher Van Son; Mesa Law Group Corp.; Paul Warren Petersen; Attorneys Processing Center, LLC; Data Management, LLC; Gary Digirolamo; Bill Merrill Stephenson; Mitigation Professionals, LLC; Glen Reneau; Pate, Marier and Associates, Inc.; James Eric Pate; Ryan William Marier; Home Retention Division; Michael Anthony Tapia dba Customer Solutions Group and Home Retention Division; Lewis Marketing Corp; Clarence John Butt; and Thomas David Phanco.

When people who want to “help” you want your money, don’t walk, RUN AWAY!

Corrupt FL foreclosure judges railroad home owners in Kangaroo Courts

Florida actually created a special foreclosure court system to handle the many thousands of foreclosures.

Here is an excerpt from the fantastic article Florida’s Kangaroo Foreclosure Courts: Judges Denying Due Process on Behalf of Banks

… Let’s look at one example of banana republic faux justice in the US, via a speech by foreclosure court Judge Roger Colton to his court on how the day was going to go. It’s simply breathtaking. He says that if the bank is foreclosing, he’s not going to consider any evidence that the foreclosure is in error (servicing errors, plaintiff can’t provide proof it owns the note, which means it might not be the right party and procedurally, means it lacks standing to take action). He says he has already heard everything, there is a lot of unemployment in the area; he is going to schedule a court date, but that is merely a deadline for negotiation. In other words, he makes it abundantly clear he has no interest in hearing evidence. When he gets to seeing a defendant after his speech to the court (p. 13), he rubber stamps what the bank wants without even considering the evidence. And apparently his entire day went like that. The summary from an attorney who was representing a client before him that day:

Read more…

Bank of America foreclosed on CASH buyer

Bank of America FAILED to stop the foreclosure proceedings in Florida court after Jason Grodensky purchased the house for CASH through a short sale and the BofA mortgage was paid by wire transfer.

FL attorney general Bill McCollum is investigating the B of A attorneys with the law offices of David Stern in Plantation (Florida Legal Default Group), one of several foreclosure mills specializing in foreclosures.

I have PERSONAL experience with the bankers’ henchmen (attorneys) refusing to communicate with home owners and the banks, going back to 1994 when TransAmerica had made a $15,000 “error”; in 1997, when Fannie Mae attorneys REFUSED to accept original money order receipts as proof of payment; and in 2002, when Wells Fargo had “misapplied” the cash mortgage payments at the branch.  While my publications helped getting at least some of the problems resolved, the banks did NOT pay for their mistakes.  The defrauded home owners got not one penny for their suffering and of course I didn’t get paid either.

So this is NOTHING new.  At the time, the newspapers weren’t interested in these atrocities.

The regulators did NOTHING to stop the fraud.  When bankers STEAL from the people, they don’t go to prison like a hungry guy that steals a pizza.

I’m currently TRYING to arrange a deed in lieu of foreclosure with Bank of America.

THREE times BofA reps claimed to refer the property to REDC, the company handling the document preparation for BofA.  Every time REDC did not have the property and I had to call BofA again.

Tomorrow I’ll call REDC again.  How many calls till I get to a person?  How many times will I hold for several minutes only to be disconnected?  Leaving a voice mail is not helpful either. I’m still waiting for return calls from messages left over a week ago.

Maybe the 4th time is a charm?

Every time I spend at least another 2 hours on the phone, taking notes, organizing the recorded calls and of course updating my stressed client.  I’m beginning to see why brokers charge thousands of dollars for loan modifications.

Lauderdale man’s home sold out from under him in foreclosure mistake

Jason GrodenskyJason Grodensky had bought the Fort Lauderdale home with cash last December, then says his home was sold out from under him. (Robert Duyos, Sun Sentinel / September 19, 2010)

When Jason Grodensky bought his modest Fort Lauderdale home in December, he paid cash. But seven months later, he was surprised to learn that Bank of America had foreclosed on the house, even though Grodensky did not have a mortgage.

Grodensky knew nothing about the foreclosure until July, when he learned that the title to his home had been transferred to a government-backed lender. “I feel like I’m hanging in the wind and I’m scared to death,” said Grodensky. “How did some attorney put through a foreclosure illegally?”

Read more…

Judge ruled Chase committed fraud, GMAC stops foreclosures and evictions in 23 states

This sure is getting very interesting!

As more judges refuse to allow lenders to foreclose on homes without the actual NOTE in possession, banks stop foreclosing and some even postpone closings on sales of foreclosed homes.

The implications:

  1. Fewer foreclosures will be reported, making it look like the economy is improving.
  2. Buyers of foreclosed property are taking the risk of losing the house to the previous owner if a court later rules that the foreclosure was illegal.

If I was buying foreclosed real estate, I would NOT close unless title insurance covered foreclosure deficiencies.

And what about all those states with non-judicial foreclosures such as California? Read more…

Florida Supreme Court asked to stop foreclosures by “foreclosure mills”

U.S. Rep. Alan Grayson asked the Florida Supreme Court to stop all foreclosures handled by law firms under investigation for document fraud.  Apparently 3 law firms handle 80% of all Florida foreclosures.

Here is the Orlando Sentinel article: Read more…

A sucker born every second and the regulators LOVE it!

Why do people want to stop foreclosures at ANY cost?

From the Chicago Times article:

The firm advertised that it “guarantees in writing that we will find a solution to stop your foreclosure and save your home or your money back,” according to the complaint filed in civil court.

If the lenders don’t reduce the PRINCIPAL balances to the current value of the home, let them have the house!

Most loan modifications actually INCREASE the principal balance due to delinquent amounts and modification costs ADDED to the outstanding balance.

Why are people doing that?

I just can’t imagine that someone who can’t make the mortgage payment pays THOUSANDS of dollars for a modification UNLESS they are lied to.  And it so happens that MANY people are lied to.  From the Chicago Tribune article below: Read more…

NACA loan modification frenzie

I really don’t know what to say about this.

Why can’t this be done over the internet and by phone/fax?

Why are people spending what little money they have on travel?

How can people make rational decisions in this environment?

Desperate homeowners line up for mortgage modification marathon

Homeowners line up in the rain before dawn today outside the Palm Beach County Convention Center in West Palm Beach in hopes of saving their homes. The Neighborhood Assistance Corporation of America is making its second whirlwind stop in West Palm Beach to try and save the homes of struggling borrowers.
Lannis Waters/Palm Beach Post

Homeowners line up in the rain before dawn today outside the Palm Beach County Convention Center in West Palm Beach in hopes of saving their homes. The Neighborhood Assistance Corporation of America is making its second whirlwind stop in West Palm Beach to try and save the homes of struggling borrowers. Read more…

Ellen Brown: Homeowners' Rebellion: Could 62 Million Homes Be Foreclosure-Proof?

Another outstanding article by Ellen Brown (Web of Debt):

Homeowners’ Rebellion: Could 62 Million Homes Be Foreclosure-Proof?

The financial juggling that helped cause the 2008 crisis may be coming back to haunt banks—and help homeowners.

by Ellen Brown

posted Aug 18, 2010

Over 62 million mortgages are now held in the name of MERS, an electronic recording system devised by and for the convenience of the mortgage industry. A California bankruptcy court, following landmark cases in other jurisdictions, recently held that this electronic shortcut makes it impossible for banks to establish their ownership of property titles—and therefore to foreclose on mortgaged properties. The logical result could be 62 million homes that are foreclosure-proof. Read more…