Written by John Wright
September 26, 2010- In most situations, Bank of America argues that there is no contract in place, but only an offer of a modification. However, Kenny Lawrence presented Piggybankblog with this:
“We have received your request for workout assistance concerning your loan with BAC HOME Loans Servicing, LP. When signed by you, this letter will constitute a binding agreement (“Agreement) between you and Bac Home Loans Servicing, LP concerning Bac Home Loans Servicing, LP’s workout discussions with you.”
Well, If it walks like a contract, talks like a contract, by golly it is a contract! That’s right! Kenneth Lawrence has done it! On December 15, 2009, Bank of America entered into a contract to modify Kenneth Lawrence’s loan. As additional evidence, Mr. Lawrence has also presented correspondence between himself and Bank of America that shows:
- Deposit:Mr. Lawrence paid a deposit of $1,500.00 (discrepancy of 33 cents according to BofA) was due on the same day the contract was signed on December 15, 2009. Please see exhibit A to view the proof that Mr. Lawrence paid. This would clearly suggest that he was in compliance with the terms of the contract.
- Payment Schedule: Attached to the contract is a payment schedule. The payment schedule would clearly show that $1,140.33 was due on January 15, 2010. This total would also explain the 33 cent discrepancy, but would clearly show that BofA is potentially admitted that the $1,500.00 paid on December 15, 2009 was in reference to Mr. Lawrence’s new modification.- For copy of pay schedule please see exhibit B
All is good, right? Wrong! Two weeks after the date of the contract (January 4th, 2010) Kenneth Lawrence was told that Bank of America foreclosed on him. On May 3rd, 2010, Kenneth Lawrence received a notice to vacate. The notice only gave him 10 days to get out.
Some of you may be asking why Kenneth Lawrence did not make his scheduled payment on January 15th, but would you after the contract had been potentially breached by Bank of America? The reality is that Bank of America was already in potential breach of contract, before even the first payment was due on January 15th, 2010.
Kenneth Lawrence was also told that Bank of America was the one who bought his house. Huh?! Wouldn’t that suggest that the bank sold the house to the government for a high price, sticking the taxpayer with the loss, while they bought the house back at a low price? WTF? That is a pretty nice deal, if you ask me. Too nice! I wish the government would buy my house from me, absorb the loss, while letting me buy it back a low price! What makes the banks so special? Oh that’s right, they have lobbyists. The question is, who in the government created this kind of environment? The answer is in Wall of Shame!
An August 4th, 2010 article stated: “Founder John Wright had a problem with one of the local BofA branch employees. In another article dated August 10, 2010 ,Wright goes on the record with accepting the employees apology for the incident. The article also went on to say that a BofA official stated to Wright: ‘Bank of America has made some mistakes in the past. So we hope to regain the customers’ trust one customer at a time.’
Though Wright was optimistic about the banks new approach, Kenny Lawrence remained skeptical. So on August 11th, 2010, Kenny Lawrence decided to put the Bank of America press release to the test, and wrote them a letter. Considering that Mr. Lawrence was injured by Bank of America’s potential breach of contract, he rightfully asked to be compensated, as well as he asked to be put into a house that was comparable to the one they just potentially stole from him.”
Now you would think that Bank of America would be horrified that Kenneth Lawrence might have evidence of them breaching the contract, but wrong again. In an adding insult to injury letter, a Bank of America customer advocate (Susie Park) wrote Lawrence on August 31, 2010. The letter stated:
“Bank of America is unable to provide you with compensation at this time as our records indicate that there were no errors made on your account. Additionally, we are unable to meet your request for a comparable home. While I understand that this may not be the response you were hoping for, I trust that I have addressed all of your concerns and that this letter provides clarification of the numerous attempts Bank of America has made to assist you with several options.”-Exhibit C
Now I do not know who Susie Park is, but I have a feeling she is going to have a piggy nose, if I find her!
Though BofA tried to make it sound like they were bending over backwards for Mr. Lawrence, I suggest they potentially STOLE HIS HOUSE! With friends like that, who needs enemies!?
Bank of America, as I am sure that this is not the answer you hoped for, you should not be so confident. You see, Mr. Lawrence’s contract clearly shows potential evidence that Bank of America might be in clear breach of contract, and suggests that Mr. Lawrence and his family are another victim of Bank of America’s potentially irregular, fraudulent, and simply abusive modification process.
Where are all the attorney’s!? This might be a blatant breach of contract! Most attorney’s would love to sink their teeth in this, but because it is Bank of Abusing America, attorneys’ are afraid. STOP BEING AFRAID! This is why you became an attorney, isn’t it? Maybe it is time someone tells these law firms that they need to grow a set of balls! That’s right, I am not Bloomberg, I am not Oprah or the New york Post! I am just John Wright And I AM FIGHTING BACK!
Therefore, if you will be brave enough to represent Kenneth Lawrence, I will be brave enough to give your firm the best free advertising they have ever received. I will advertise you to a potential 40,000 people. If interested, you may contact Kenneth Lawrence through email@example.com
His name is Kenneth Lawrence, and HE IS FIGHTING BACK!
On 11/08/10 Liz commented: Mr Wright, I read with interest the comments on your website regarding breech of contract by Bank of America. Please be advised that the loan modification application forms and, in fact any, any mortgage related program forms (DIL/Short Sale) includes a waiver to pursue any legal action against Bank of America. A recent bill in California sought to repeal this but was shot down by powerful bank lobbyists.
Thank you for your perseverance. I have followed your call and moved my account out of BoA.
Kenny Lawrence wrote to BofA CEO:
August 21, 2010
In anAugust 4th, 2010 article, piggybankblog.com founder John Wright had a problem with one of the local branch employees. In another article dated August 10, 2010 Wright goes on the record with accepting the employees apology for the incident. The article also went on to say that a BofA official stated to Wright “Bank of America has made some mistakes in the past. So we hope to regain the customers’ trust one customer at a time.”
Though Wright was optimistic about the banks new approach, Kenny Lawrence remained skeptical. So on August 11th, 2010 Kenny Lawrence decided to put the Bank of America press release to the test.
My name is Kenny Lawrence, and I’m the (Former) PR Agent for ”We The People”at piggybankblog.com. This is in response to the meeting that had taken place between John Wright, Jessica Gomez and Christian Aragon. It’s a nice gester for BofA to show their customers that they have a human side, and can admit that they were wrong about how Jessica Gomez handled Mr. Wrights situation that day. However, lets keep things in prospective. That is only an apology to just ONE of your customers. That one apology is not going to win over the hearts of the millions of customers that BofA has blatantly abused. I must give you guys a little credit, me being a (Former) PR guy. I must admit that is a pretty nice PR move, but I don’t want our supporters to think that it is anything more than that at this present time. An apology cost BofA nothing, compared to the cost of your customers trying to keep their homes. You see, by your Reps using their fraudulent tactics to deceive your customers, it has cost them financially, physically and mentally. You cannot make up for this with a simple apology. If this was a war, we were counting casualties, and the damage that BofA has done to the hard working Americans families would surpass all of the casualties of all the wars that America has been in. That’s saying a lot .
So once again, I would like to use the phrase that Mr. Wright used by saying “that it is not the spilt milk that defines if Bank of America is a good company, but its how they intend on cleaning it up.” As I see it, I want to keep things in perspective for our supporters sake. I do not want them to take your gester of apologizing to Mr Wright, as a sign that BofA should be forgiven for the damage that they have done to the American public. You see, that apology was just a tiny drop of milk compared to the ocean of milk that BofA has spilt across America. I want our supporters to remember that that apology cost BofA nothing. It was the same kind of lip services that BofA has been giving us all from day one. As I have said before, a clever PR tactic.
Mr. Moynihan, as you know ”We The People “ are being watched not only by you, but by the White House, Homeland Security, Senators, Congressman, Congresswomen and special interest groups. We are very much aware of the attention that we are getting. So Mr. Moynihan, I would like to go back to the apology between Mr. Wright, Jessica Gomez and Christian Aragon. The question was asked to Mr. Aragon “what does BofA plan on doing to make themselves accountable?” His response was “Bank of America has made some mistakes in the past. So we hope to regain the customers trust one customer at a time.” I would like to take BofA up on that statement by challenging BofA, while submitting my nightmare of how I was treated by BofA, in my quest to get a loan modification.
After being taken through the Bank of America paper shuffle for over a year, BofA finally came up with a repayment plan for me, and my family. The deal was that I had to come up with a down payment and send in the agreement by Dec. 19th of 2009. In which I did. In May of 2010, I received a court order telling me that I had 10 days to vacate the property, and that my house was foreclosed on Jan.4th of 2010. That was just 2 weeks after BofA had accepted my down payment for the repayment plan. I went downtown and talked to a hearing officer that handles the foreclosures in the county where I live. She had confirmed that the house was foreclosed on, and BofA was the one that bought the house, and that they had put in a right of eviction to the Sheriff’s department on the 14th of May. As well as the Sherriff’s Department could be coming out any day now to evict me. At the time, I had limited funds and very limited time to work with. I had to take the first thing I could find, because I feared the Sheriff’s Department coming out and putting my belongings out on the street. Also keep in mind, I do have a family that I was more concerned about . The owners of the place I live at now own several properties in the Charlotte area, and each one has a name. The house that we live in is named the Clampet House, after the Beverly Hillbillies, where there is a rat and roach infestation. This is what BofA has reduced my families lifestyle to. I have all the documentation from BofA to confirm these allegations. It seemed incompetent that BofA realized that they screwed up with me only after a month in a half AFTER I moved out of the house. After I moved out, you sent me a letter to my new address. This letter was letting me know that BofA was cancelling the repayment agreement, as of the date that I received the letter. How incompetent is that? I can not believe that a company the size of BofA can be this incompetent.
So Mr. Moynihan, I would like to be the first one to take you up on Mr. Aragon’s statement “One Customer at a time.” How you handle my situation, would really let the country know weather or not the apology to Mr. Wright was just a PR move, or if BofA really wants to be accountable for taking the tax payers money, while doing nothing for the tax payers.
THE BALLS IN YOUR COURT MR. MOYNIHAN. WHAT ARE YOU GOING TO DO? AMERICAS WATCHING.
Watch News Interview with Kenny Lawrence by – clicking here
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Wall of shame is dramatic license only. There is no other purpose.
For the record, I use a lot of dramatic license in my blog. Therefore, all persons talked about in my blog are to be considered innocent until proven guilty by a court of law. This is a peaceful demonstration where dramatic license is used in an abstract way. Please be advised that nothing in this protest is to be construed or defined as suggesting that there will be a consequence or penalty given if such protest does not produce a result. There will be absolutely no consequence issued whatsoever. Please contact me right away with any concerns that there is anything on my blog to suggest otherwise.