Bank of America Center, Financial District San Francisco
In a potentially wide-ranging lawsuit, two Seattle-area homeowners have filed a class-action suit against Bank of America claiming the bank has failed to work with owners facing foreclosure.
Read More by Levi Pulkkinen, SeattlePI.comstaff
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The Seattle lawsuit was filed in May 2010 by the Seattle law firm Hagens Berman Sobol Shapiro. The case title is Kahlo v. Bank of America NA et al, U.S. District Court, Western District of Washington, No. 10-00488.
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On October 29, 2010, this action was transferred to Massachusetts District Court and consolidated with over 20 other actions against BofA and now bears the case number 1:10-cv-11876-RWZ. The lead case number is 1:10-md-02193-RWZ and is assigned to Judge Rya W. Zobel. The consolidated class action is limited to loan modifications under the HAMP (Home Affordable Modification Plan) which involves a 3 month loan modification trial period. You can view briefs filed by parties in this action on-line for a nominal fee by simply registering for a Pacer Account.
PACER (Public Access to Court Electronic Records) View the index of documents filed in the case select the documents you want to view all for a very small fee. Pacer is updated daily.
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There is also an action by 15 individual plaintiffs against Bank of America pending in Southern Texas District Court for loan modification abuse. The case is entitled
Harryman et. al. v. BAC Home Loans Servicing L.P. and Bank of America, N.A. , and bears the case number of
6:10-cv-00051. A
copy of the Complaint in that action on 6-29-10 is attached.
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“I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property – until their children wake-up homeless on the continent their fathers conquered.”
Thomas Jefferson, 1802
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Possible Sources for Help against Abusive Loan Modification
If you have been a victim of loan modification abuse you may want to file a complaint with the Comptroller of Currency and see if the Bank voluntarily refrains from foreclosing.
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The Comptroller of Currency is a US federal agency whose purpose is to regulate and supervise national banks and the federal branches and agencies of foreign banks within the U.S. I am told there is a complaint form on its website: occ.treas.gov.
You can also contact this agency by:
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Comptroller of Currency
Consumer Assistance Group
1301 McKinney St. #3450
Houston, TX 77010
FAX: 713 336-4301
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Other Resources:
File a complaint with the Office of the California Attorney General
800.952.5225
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Los Angeles County Dept. of Consumer Affairs
800.973.3370
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Los Angeles Neighborhood Housing Services provides free foreclosure prevention assistance.
888.89-lanhs
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For Free Loan Modification Help
See Neighborhood Assistance Corp of American at NACA.com
34.145831
-118.145784
Filed under: Bank of America, Banks, Class Action, loan modification | Tagged: Bank of America, Class Action, loan modification, Massachusetts District Court, Seattle | 9 Comments »
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