California prohibits telephone monitoring or recording, including the use of information obtained through interception unless all parties to the conversation consent (California Penal Code Sections 631 & 632). There is no statutory business telephone exception and the relevant case law all but excludes this possibility. California courts have recognized “implied” consent as being sufficient to satisfy the statute where one party has expressly agreed to the taping and the other continues the conversation after having been informed that the call is being recorded.
WHERE IS MY LOAN MODIFICATION!?
The above authorized recording was done on February 2nd, 2010. This is the actual BofA employee andthe department that sends out the “Congratulations letter.” Talk about right out of the horses mouth! Or should I say piggy? Notice that she states that a “congratulations letter” had been sent out. This would be clear evidence that I indeed told that I was approved. As well as the operator tells me not to pay anymore payments until I have received the package. She also admits that the letter requesting 3 more months was an “error” and to disregard it.
The above authorized recording was done on February 16th, 2010. Notice how the operator states that:
- I was approved
- That he could see that I was honest
- That he could tell by the notes that it was not my fault
- That it can not be more than a three months trial period
- That Bank of Blaming America can not disqualify me if I did not make the additional three more months of payments.
- That he has never seen them give someone such a hard time as me before.
- That they can not disqualify me because I complied by making the required payments.
It is my belief that BofA officially disqualified me because I sued them! However, I am suing them because they sent me a letter before trying to extort money from me. They told me that if I did not give them the money, that I would be disqualified.
I invite you to read my disqualification letter dated March 21, 2010 atBac Home Letters and compare it to the conversation you hear on the above recordings. It is simple really… they either made a mistake in disqualifying me, or they set me up on the phone so that they could disqualify me and potentially steal my home.
Do you all remember them saying we “encourage” you to continue making your trial payments when you called them? Notice they did not say the word “require.” This is because I think they knew they were walking on a thin line and would be crossing it if they said that they required us to pay beyond the three months. Proof is in the pudding though… or should I say proof is in the recording.
The authorized phone recorded conversation above was recorded in March. This lady actually will read every single thing on her computer to me. Notice that she verifies that I have been sent a “congratulation letter.” Notice that they do not mention any missing paperwork.
The Above Youtube: This evidence establishes that Bank of Abusing America potentially uses irregular, fraudulent and simply abusive business tactics. I must have argued for over 10 minutes with the Bank of Abusing America representative before I spoke to manager. The manager was also saying the same thing, until he realized he gave me permission to record.
All these recordings were released on the heals of smoking gun evidence that suggests that Bank of Abusing Americans might have planned, trained and encouraged employees to delay our applications for a modification. us in a piggybankblog.com article by clicking on link below.
Listen to Piggybankblogger Jason Werner’s evidence in his recorded BofA conversations in the below youtubes:
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.