Wright et al vs. Bank of America Lawsuit Filed By John Wright

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Brookstone Law, PC, Files Landmark Mass Joinder Lawsuit Against Bank of America and Countrywide

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Newport Beach, CA (Vocus/PRWEB) February 15, 2011

Brookstone Law, PC, has filed a mass joinder lawsuit against Bank of America, potentially the most significant and precedent setting legal action taken against lenders as a result of the national foreclosure crisis, it was announced today by Vito Torchia, Jr., managing attorney of Brookstone Law PC.

The lawsuit alleges Bank of America (BOA) and its subsidiary Countrywide Financial Corporation (Countrywide) perpetrated a massive fraud, also constituting unfair competition upon borrowers that devastated the values of their residences, resulting in the loss of net worth, and that BOA and Countrywide intended to deprive numerous rights and remedies for the problems they caused the borrowers. The case is Wright et al v. Bank of America, N.A. et al., case no.30-2011-00449059-CU-MT-CXC filed in Orange County Superior Court and was filed February 9, 2011.

“This was the ultimate high-stakes fraudulent investment scheme of the last decade,” said Vito Torchia, Jr. “Couched in banking and securities jargon, the deceptive gamble with consumers homes was a financial fraud perpetrated on a scale never before seen in this country,”

The lawsuit accuses Countrywide founder and CEO Angelo Mozilo of knowing that Countrywide could not sustain its business unless it used its size and large market share in California to systematically create false and inflated property appraisals throughout California. It further claims that Countrywide used these false property valuations to induce borrowers into ever-larger loans on increasingly risky terms and that Mozilo knew as early as 2004 that the loans were unsustainable and would result in a crash that would destroy the equity invested by borrowers and their net worth.

The lawsuit’s filing coincides with a recent decision in a class action suit in Maryland that invalidated more than 10,000 foreclosure cases managed by GMAC Mortgage because affidavits in the cases were signed by a GMAC “robo-signer” who, according to court documents, attested to the authenticity of foreclosure documents without any knowledge about them, as well as signing other false statements in the case Manson v. GMAC Mortgage LLC, 08-cv-12166, U.S. District Court, District of Massachusetts (Boston).

According to court documents, the lawsuit claims Mozilo and others at Countrywide “pooled” those mortgages and sold them for inflated value which disregarded underwriting standards and fraudulently inflated property values in order to take business from legitimate mortgage-providers, implement a massive securities fraud that was concealed from borrowers and other mortgagees on an unprecedented scale. When Countrywide pooled the loans and sold them, the company recorded gains on the sales. In 2005, Countrywide reported $451.6 million in pre-tax earnings from capital market sales and the next year it reported $553.5 million in pre-tax earnings from that activity.

“Countrywide did not care about the borrowers who would suffer because their plan was based on insider trading that would generate profits for them as long as possible and then allow them get out before the truth of their activities was exposed and losses were locked in,” said Vito Torchia, Jr. According to Torchia, the scheme resulted in the mortgage meltdown in California that was substantially worse than in any other region of the United States. Starting in 2008, Californians’ home values have decreased by considerably more than most other areas in the United States as a direct result of the scheme.

The lawsuit alleges that, as a result, borrowers lost equity in their homes, their credit ratings and histories were destroyed and they incurred unnecessary costs and expenses. At the same time, Countrywide was paid billions of dollars in interest payments and fees and generated billions of dollars in profits by selling their loans at inflated values. Countrywide then used borrowers’ private information to generate more profits: the lawsuit also alleges privacy violations ranging from disclosure of the private and confidential information of more than 2.4 million customers to outsourcing and sale of hundreds of thousands of records to bolster the fraudulent loan pooling scheme, resulting in the disenfranchising of thousands of borrowers’ inalienable rights of privacy.

According to court documents, lead Plaintiff John Wright bought his first home in 2004 and Countrywide provided financing with a first and second loan. Less than a year later, Countrywide contacted Mr. Wright and encouraged him to refinance into an adjustable rate loan. As a first time home buyer who relied on Countrywide and their reputation and experience, he accepted their direction, which resulted in a new first loan in 2005. But after the negative effects of sub-prime loans became public in 2007, Mr. Wright contacted Countrywide to refinance his loan into a fixed rate loan, but this time, Countrywide said they were “too busy” and that he should wait to refinance, despite the fact that fixed rate loans were then at about a lower interest rate than what he was paying.

“The American people are no longer going to tolerate fraudulent and abusive banking methods and we are organizing the most powerful protest and legal action Bank of America has ever seen,” John Wright said. Piggybankblog.com, myself and my supporters are a force to be reckoned with and we intend to build the most effective coalition that the “Bank of Destroying and Abusing America” has seen while the American people hold them accountable for their actions that led to the destruction of the American dream for so many people like me.”

According to the filing, Countrywide eventually allowed Mr. Wright to refinance and the company recommended an appraiser who provided an appraisal that later turned out to be inflated. When Countrywide refinanced his loan into a new fixed loan it was at a higher rate than that which was available to him when he started the process. The lawsuit claims that this “churning” of his mortgages allowed Countrywide to reap multiple fees, profits and higher interest rates at Mr. Wright’s expense. After allowing him to refinance, Countrywide then erected numerous obstacles to Mr. Wright’s attempts to modify his loan due to difficulty making payments and when they did, they approved a loan modification that reduced his payments of more than $3,300 a month by only about $61.

In 2007, when Mr. Wright retained a law firm to assist him, Countrywide falsely claimed they had never received a letter from Mr. Wright’s representatives, that his legal counsel was not a real law firm and instructed him not to use an attorney to obtain help with his loan modification.

“I cannot help but conclude that as a direct result of my experiences and Bank of America’s potentially irregular, fraudulent and simply abusive home loan modification process, we are losing our ability and right to pursue the American dream of life, liberty and the pursuit of happiness,” John Wright said. “That’s why it gives me great pleasure to participate in this lawsuit, which I call “The American People vs. Bank of America.”

Then, after Countrywide changed its name and became a subsidiary of BOA, and even though BOA was aware Mr. Wright was represented by a law firm, the Bank began a series of harassing phone calls to Mr. Wright seeking payments for the loan. Court documents show BOA subsequently engaged in delaying tactics including claiming necessary documents were missing or never received even though they had been sent repeatedly to BOA by Mr. Wright. BOA then assured Mr. Wright that he had nothing to worry about and apologized to him, blaming their own incompetence for the lost documents.

Court documents show Mr. Wright then received a letter from BOA that denied the loan modification and demanded a lump sum payment. Mr. Wright called BOA and was told to disregard that letter and that he was qualified for a loan modification. BOA then told Mr. Wright the letter “went out in error” and that the Bank had “millions of calls” about the erroneous letters like this one it had sent out to borrowers. According to court documents, at the time BOA also told Mr. Wright not to pay his mortgage payments for a period of time.

Mr. Wright launched his blog site “Piggybankblog.com at http://www.piggybank.com in 2010 to publicly expose the alleged wrongful activities by BOA. On the blog, Mr. Wright has posted tape recordings of numerous conversations with Countrywide and BOA representatives, made with their knowledge and consent, along with details of the misleading and false information provided by BOA and descriptions of the myriad problems caused to him and other borrowers by Countrywide and BOA. In one recorded conversation, a trainer for BOA at a public forum stated that what BOA would do with calls from homeowners like him trying to modify their loans was to “send it into the black hole” and that there was “no profit in doing loan modifications for borrowers.”

“Mr. Wright’s unfortunate experiences are exactly what thousands of homeowners have gone through as a result of Countrywide executives and Bank of America’s horrible customer service and loan practices,” said Vito Torchia, Jr. “Bad actors like BOA and Countrywide executives must be held responsible for the irreparable and massive damage done to people’s lives and the State of California due to their unbridled greed and avarice.”

ABOUT BROOKSTONE LAW, PC Based in Newport Beach, with offices in Los Angeles, CA, and Ft. Lauderdale, FL, Brookstone Law, PC, is a law firm comprised of attorneys with experience and success in business, corporate and personal finance, employment, entertainment & media, art & museum, intellectual property and real estate law. The firm has a network of more than 40 affiliate attorneys nationwide and employs highly trained specialists, paralegals, paraprofessionals and administrative staff dedicated to serving our clients.

For information, call (800) 946-8655 or visit http://www.brookstone-law.com.

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Click here for John’s Update on lawsuit

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MASS JOINDER LITIGATION VS CLASS ACTION LAWSUIT:

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Most of you are familiar with Class Action lawsuits, however, many lawyers and experts agree that Mass Joinder lawsuits are the way to go in this kind of situation.

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What Is A Class Action?

Class Action suits are typically about a product, service, or situation that was faulty in a particular way and, therefore, caused similar damage to everyone affected. Judges typically grant class action status to these suits and therefore rule for everyone who may be affected, whether a party to the lawsuit or not. Class action suits basically treat all plaintiffs the same and apply the same remedy to all.

What Is A Mass Joinder?

Mass Joinder lawsuits are for individual plaintiffs jointly using the same legal arguments and applying them to their unique, individual situation. The value of your mortgage, your specific contract, your bank interactions, and the current disposition of your individual property make you a unique plaintiff with a unique condition, requiring a unique remedy. Therefore, a class action lawsuit is not suitable for such cases. Be aware that while class action lawsuits generally cover everyone affected by a situation — a mass joinder lawsuit only covers those who are a party to the lawsuit. If you are not a registered plaintiff, you will not receive the remedy awarded specifically to the plaintiffs. For more about Mass Joinder – Attorney Kennin Spivak..

Please refer to Brookstone Law for further information: Broookstone law

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My name is John Wright AND I AM FIGHTING BACK!

All Rise! The Honorable Judge Wright has left The Courtroom of Public Opinion!

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The Honorable Judge Andler In Wright et al vs. Bank of America Lawsuit

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Written by John Wright

March 30th, 2012

The Honorable Judge Gail Andler is the Judge presiding in the Wright et al vs. Bank of America lawsuit. Judge Andler was a former prosecutor in an Orange County Superior Court from 1994 – 2007.  She replaced the Honorable Judge Jonathan Cannon as a judge in the Orange County Superior Court in 2007.  The Honorable Judge Andler states that her track record has earned her the overwhelming support of Law Enforcement, Protectors and Victims’ Rights Groups – and support of Judges, Bar Leaders and Community Leaders.  Judge Andler further claims that she has proven to know the law in thousands of criminal, civil and juvenile matters, as she claims to be known as a firm but fair judge who efficiently handles cases without sacrificing courtesy and respect.  This is why she has chosen to teach new judges throughout the state fairness, the transition to the bench and trial practice.  Something the Potentially Dishonorable Judge Chalfant might want to learn from Judge Andler. (Wink)

Biographical Highlights

  • Occupation: Judge of the Superior Court, Orange County
  • Experienced and respected judge
  • Handled thousands of criminal, civil and juvenile cases
  • Former successful Deputy District Attorney and Special Assistant U.S. Attorney
  • Wrote tough anti-gang legislation
  • Successfully prosecuted unethical attorneys
  • Successfully represented small business owners in transactional and litigation matters

The Honorable Judge Gail Andler now sits before you in the Courtroom of Public Opinion.

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My name is John Wright AND I AM FIGHTING BACK!

All Rise!  The Honorable Judge Wright has left The Courtroom of Public Opinion!

 

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38 Comments

  1. Whether or not some people never should have been given mortgage loans; and whether or not homeowners realize any legal basis to challenge foreclosures, it is urgently important to look white collar foreclosure activities! Also, illegal, fraudulent foreclosure causes useless deeds for property sales; title insurance denials, blight –and more. http://chn.ge/eU2zAm

    Some PREDATORY mortgage loans are issued for the very purpose of default so that properties can become flipped, repeatedly (hence blight); and lenders gain tax credits, mortgage-default insurance, and more! Additionally, too often, not only has the lender NOT filed foreclosure, certain homes wound up being flipped by the foreclosure mill lawyers who execute simulated auctions whereby “straw buyers” fraudulently “credit bid”!

    White collar foreclosure fraud entails intentionally fraudulent foreclosures naming defunct mortgage companies, or having no ownership of notes; unfair fees beyond “Acceleration Clauses” that impairs borrowers’ ability to repay arrears; falsified Bankruptcy Court motions to “Lift Stay” for accomplishing”simulated” foreclosure auctions via “straw buyers.” And lawsuits against foreclosure lawyers for fraud and “Unfair Debt Collection Practices,” generates more lawyer fees.

    Scores of homeowners do not contest foreclosures because of: not having knowledge of the law in order to recognize legally challengeable foreclosures or fraud; lack funds to pay for attorneys to represent them; homeowners are told to come to foreclosure auctions with money that they do not have, so they stay away from foreclosure auctions. It is extremely troubling that there are families living outdoors whose homes have been confiscated via real estate racketeering!

    Foreclosure lawyers are officers of the court; knowledge of applicable laws and civil procedure is not required from mortgage lenders, nor loan servicers. In states that require judicial foreclosures, FORECLOSURE LAWYERS are the ones who file lawsuits to seize and sell property; and lawyers are responsible for filing and recording foreclosure property deeds. *Request for Congressional Foreclosure Panel to Examine Foreclosure Lawyers @ http://www.change.org/petitions/view/request_for_congressional_foreclosure_panel_to_examine_foreclosure_lawyers#

  2. Patricia Berrini says:

    Please listen to the podcast or read the transcript of the interview Harry Shearer had with Yves Smith, formerly from Goldman Sachs; ……. it’s totally worth listening to:
    This will clarify some of the real estate issues still to come in 2011 and perhaps provide more ammunition.
    From: http://feeds.kcrw.com/kcrw/ls
    Go to the December 5th show and download the file from the link that says Media files:
    ls_2010-12-05-154525.mp3 (MP3 Format Sound, 0 bytes)
    Let me know what you think!

  3. Sumeet says:

    It’s been multiple times , I have experienced Loss and worst service by BOA , But yesterday they spoiled my new year eve by fraud , I am not able to contact customer care as it is closed today.
    From my account number : 586022014307 Check number #105 was drawn for $785 but bank has deducted $7851, also deducted over draft protection amount , could you please give me justice by taking action
    Against the person responsible for fraud?

    Thanks,
    Sumeet Barai
    832-436-7253

  4. Jan Hodges says:

    This sounds like the word is finally getting around. I want to do EVERYTHING I CAN TO bring BoA to justice. They have been ruining my life for 5 1/2 years- since Katrina.
    It is time to fight this ‘feeding frenzy’ of pure greed.
    They are stealing our homes while we are forced to bail them out- so they can continue feeding their appetite for a pampered lifestyle and mega bonuses. We know they consume single homeowners without batting a eye.
    I have spent half a decade fighting this robbery attempt, and still no help from any ‘regulatory agency’ in charge.

    We have to keep on fighting or they WIN.

    Just tell me where to sign up!

    We need to support each other in this fight, because they are expert at waiting out their prey. It’s either predator or prey, and it’s about time the tables turned for the victims of this well orchestrated attack.

    I feel my second wind coming on!

  5. Mallory Ann Barac says:

    B of A is going to try to steal my home AGAIN, I have been fighting to save my home for 3 years. I would like to have some backup, and become part of the group fighting back. There is power in numbers. Tell me where to sign. I am fed up, but not fought out.

  6. Donald & Stephanie Tillman says:

    Please, pleae sign us up for the lawsuit. We have been battling BOA for a year now. We started off in the Making Homes affordable program on a 3 month “trial” period. Did everything they asked of us. After the initial trial we were told to conitnue making our “trial payments”. Each month my husband would call in the paymen and speak to a live representative and always ask, where do I stand. We have submitted all required documents from BOA, made our payments monthly, done everything they asked, and NOW after a year of partial payments they have decided we do not quailfy and want all back payments, penilties, etc or they are going to foreclose on our home. We have done everything they asked and they have only drug this out for a year to tell us “denied”. Please help us , and in turn help you and everyone else facing this monstrosity BOA. Lawsuit…..SIGN US UP!!

  7. Tracy says:

    @Donald and Stephanie Tillman–my parents are going through the same thing you are. They mailed all the paperwork(some several times as B of A claimed they were never received), never missed a payment, were told they could start making trial payments, and got the runaround when they tried to contact B of A for updates. On January 18th, they received a notice, sent by FedEx, that their home would be foreclosed on in approximately 30-90 days because they had not been making their payments. B of A ruined their credit, and then turned around and said the modification was denied because of their bad credit rating. My mother has some serious health issues, my father is retired, and they live on a fixed income. They did not overextend themselves, but healthcare costs have become a larger and larger chunk of their expenses over the last year. They are worried that B of A will show up in less than 30 days while they are gone, remove all of their stuff, and lock their home. How is any of this legal. The real kicker is that B of A said they could save their home if they paid about $7000 upfront to bring their account up to date. The whole time they were waiting for word on the modification, they believed that they were up to date, since B of A had told them they could make adjusted payments.

    My parents do not have the money to hire an attorney to fight for them, and they are now considering filing for bankruptcy, but they should not have to do anything–B of A needs to be stopped from stealing peoples’ homes like this and abusing a program that was designed to help people like my parents. It amazes me that other banks have managed to use the program successfully as it was meant to be used, but B of A seems to be using it to increase their profit margin at the expense of honest, hard working people who tried to do all the right things.

    Someone please e-mail me and tell me how I can get my parents signed up to stop B of A from destroying their lives in such a disgusting manner!!

  8. Tiffany says:

    the atm stole my money, wahhhhhhh!=*(

    A cash ATM deposit ruined my whole week, I’ve been feeling so sad=(. I can’t focus on getting my work done. It felt like I was being robbed and stupid for investing all my to trust in Bank0ffAmerca. I hope they resolve my situation by mon. 1-31. It just feel so unjust for customers to be put through an emotional roller-coaster b/c of B.O.A technical difficulties/incompetency. Why should customers be tortured for what is clearly b.o.a’s fault and why is our money being held hostage? A big organization like this must surely have sort of service recovery in place i hope. one way that bankk 0f amerka can improve their customer service is to consider increasing efficiency in handling cases like this and perhaps stop using these machines that are limited in the capabilities. i.e your bills have to b super straight to make a deposit. wth? i thought only soda machines are like that and they’re a million yr old technology. time for b.o.a to investing in innovations??

    I still have hope for B.O.A and I know it’s not the agents fault that this happened.it’s the darn machine, whoever made them, and the people who made the authorizations. I understand that glitches exist with new technology, but hurry up and fix the problem. this would help gain back customers confidence and will help improve boa’s image.

    I’ll be homeless soon if I don’t have access to my money =). then I’ll have to crash in front of one of b.o.a. locations.

    I’ll try to stay hopeful and optimistic

    i’ll try to keep you all updated, hopefully with good news.

    here’s my facebook

    facebook.com/Tiffanyoctober27

  9. Jeff and Rhonda says:

    We also have been fighting for three years. Same common problems lost paperwork etc… I called everyone I could call and wrote everyone I could write. I finally was at the end of my ropes. I once again ask for a modification in Nov 2010 and recieved another packet. I sent my first payment certified check and it was dated dec 8 2010. They stated the payment had to be recieved by Jan 8 2011. I thought everything was ok. Jan 9 2011 I recieved a call from my bank US bank stating that BOA had returned the certified funds to them. Another ploy so that they could say they did not recieve the initial payment in time? I am sure thats what they think. I have been hospitalized because of these people. I am so over you BOA. We are Jeff and Rhonda Miller and we are fighting back.

  10. Moira Canty says:

    Thanks John….just contacted the lawfirm and waiting to hear back!! Let’s do this!!!

  11. Courtney & Lauri DeAguiar says:

    Dear John,

    Thanks for giving us this oppurtunity to join you on this lawsuit. Got a call from a nice gentleman, his name is Carl Saterfield from Brookstone Law. He went over what the lawsuit contains and what we need to do on our end. My wife and I appreciate all that you have given us ( valuable information ) and that we wanted to say to keep up the good work and may GOD bless you in your future endeavors……Thanks again…Courtney & Lauri Deaguiar

  12. mark j skadson says:

    thank you john…… i contacted brookstonestone law today and talked to a very nice gentleman named carl saterfield. we will be discussing on monday what the next step will be. there is lite at the end of this tunnel for all of us that has been abused by bofa. thanks so much john!
    mark & stacy skadson

  13. Rita says:

    It is my hope that someone from Bank of Ameria Reads this:

    You are paying a ginormous staff to do absolutely nothing! I work in a large industry and if we preformed the way your staff performs, we’d be out of business. But then again, maybe they are doing what you are telling them to do: have people run through hoops, build their hopes up, keep them on hold, give them the run around, throw their documents in the trash so you can tell them they are missing, and then give them costly modifications that they cannot possibly manage or pay.

    We started the loan modification process in August 2010. Prior to August our credit score was 800+. We have always paid our bills and had excellent credit. Like many, we had a couple of hardships: My hours were reduced at work and I was diagnosed with a medical condition, not covered by my insurance that cost us about 30K of out of pocket expenses. We had to use our available cash, plus create two different bills to cover expenses.

    I knew we were going to start falling behind, so I contacted the Bank of America to begin a modification program. We started it August –while getting 10 to 15 calls a day from people who sound like they are from India—and, after 5 months, was informed that our modification had been approved, but guess what? It was for the second on our home—not the first. We had to start all over.

    Nobody told us that we would need to file two modifications. From August up until 12/2010 we continually received requests for additional documents. I sent at least four different packages, and supplied missing documents at 3 times—documents that had been sent/faxed at least four times.

    We immediately applied the second time. All the while, we continued to receive the calls from India. We then received a call from the modification department saying that our status had changed and that we should call a number they provided for updates. Then one day the India calls abruptly stopped, and we began getting calls from parasites telling us that our home was on a foreclosure list—and they could help—for a fee. We have never gotten more than two months behind, so how could we be on a forclosure list?

    Since January I have been calling the bank weekly, but kept getting the message that everything was fine. Then I discovered that we were rejected again for –guess what?—missing documents. I immediately called, and they appealed the rejection. I was told the rejection appeal had been approved. And then I get a call This past Thursday night telling me the modification had been rejected and that another branch of the bank modification department was now working on getting us in a different program.

    Bank of America has the worst press, and rightfully so. Here is a quote from an article I recently read; “There is a disturbing pattern of the way Bank of America treats people.” After Thursday night, I started doing some research and there is not one good thing written about B of A.

    To that end, we are no longer interested in your help from B of A. We will get the money to catch up somehow. And as soon as we are back on our feet, we are going to get rid of your loan, credit cards, and will not even drive by a Bank of America.

    The most important thing in life is not things–its people. Everything that the B of A management team ise doing to others is going to come back on them!
    John–I am willing to testify on your behalf, but I am not going to sign any modification papers with B of A. Send me the informatin and I’ll call. Good for you for standing up to these heartless, slefish, greedy jerks!

  14. Jason, Nicole, and Kids says:

    I appreciate your efforts as we are at our the end of ours. Since January of 2009 we have been trying to find a resolution for our mortgage nightmare with Chase Home Mortgage. We to have a eerily similiar story to tell as others but to only subsitiute the parties involved. Initially qualify for HOPE, or similiar, make payments, then find out that, in our case, aftermaking payments for 11months that we didn’t qualify 5months ago because they didn’t receive the “necessary paperwork.” There is no way this is not deception or gross negligence because I called, sent “required documents”, and called again every few week AS DIRECTED by Chase representitives only to get the rug pulled out from under us. I would liken it to torture. Repeated opprtunities to save your families home folowed by the enevitiable loss of it over the course of, now, 2 years. Now I check their attornys’ site every Friday to see if we are on the list for forclosure for that day/week/month, depends on how much time they want you to know about in advance.
    I hope somthing can come of this suit be for it is to late for us and the many others that have there head over a basket waiting for the gilitine blade to drop.
    Didn’t these banks fraudlenly use appraisals that were manufactured to meet the terms of the purchase/sale agreement to get the deal done? I know of two personal accouts of this, one being mine. As a first time hombuyer with a growing family I was nieve and believed what everyone else was sayin’ “buy now!” Worst decision of my life. Evenafter comming in with 20% to buy it I had no chance of survival after my business failed in 2008, ironically, because of the market crash.
    Well, I emplore you good sir to add Chase to your to-be horde of vile and contmtious slithering leeches which will be hung out to dry.

  15. Sid Slack says:

    Well Bad news.

    Got a letter today from one of our Senators and they got a reply from the Compt Controller of Currency and they bought all of BOFAHOLES Lies.
    even the over stated Income from my disability and adding Unemployment to our income after it was said by the fed you can not.
    the letter mad the wife and i look like complete idiots
    and like we are stupid and dumb.
    now we do not know what to do it is ust a sad state we are in after 2 years the loan mod they gave us was 41% of our Gross income and they lied to us and the goverment.

    we do not have money to hire a lawyer.
    and the free legal aid we got was not good news.
    the guy said well it is BOFA a big Corporation they can do what they want and to fit them it would take money and a long court case.
    so know i feel like less of a man since i can not provide for my family and give them a home all due to a illness that was unforseen.

    after i got sick we lost all our retirement even our rental property which was our retirement home.

    even if i could go back to work who would want to hire a 40 year old male with medical issues who could only work part time.
    i am 40 years old and i would get paid the same as a 16 year old.
    lost and about to give up.

  16. sue says:

    BOA are crooks – pure and simple!!! they have my money from sept. 2010 and have not given it back. it is now march 2011. NO ATTORNEYS WANT TO DEAL WITH THEM!! i am calling you tommorrow— anything this firm can do is more than anyone else can do.

  17. Jeffrey says:

    I’ve been following these law suits and I’m very interested in joining however, I am very confused in regard to the who, what and where of it all.

    There seems to be several out there that are word for word the same exact thing. Two of which are yours and then there is the

    Maxam v. Bank Of America, filed by Kramer & Kaslow PC this last February 16 in Orange County Superior Court, Case
    #30-2011-00450819-CU-MT-CXC.

    Same Court Different Judge, Different case.

    Q: What happens if you lose your case or vs verse?
    and why aren’t both of these cases put together?

    • John Wright says:

      I am guessing that it would create case history, and they would all lose. However, I am sure they have built them on previous wins already, so there might be case history already created.
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      However, I am also guessing the language might be the same, simply because they might have been told what do by the same attorney. For example, I have heard that Stein and Kramer worked together at one point. Other than that, I am guessing they used the same winning points.
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      I am not sure why they are not put together, but I am sure that someone at the law firm might be able to better answer your questions. You can find them at the following link:
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      http://www.brookstone-law.com/
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      My name is John Wright AND I AM FIGHTING BACK!
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      John Wright
      piggybankblog.com

  18. Jeffrey says:

    Thanks John,

    I asked one of Phillip Kramer’s associates the same question and this is their reply.

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    Two years ago Mitchell J. Stein, three other attorneys and Mitchell’s friend and colleague Philip Kramer put their heads together and came up with a lawsuit to force the banks to make the loan mods that they were no longer making and to punish them for defying the law.

    So the first case was Ronald v. BofA, which is now two year old and on it’s fifth amendment. That was
    the “test case” and now that it has passed nearly half a dozen legal hurdles, Mr. Kramer filed his own case against BofA (as well as five others against the likes of Chase, Wells, Citi and OneWest.)

    I don’t know the story behind Brookstone Law – if there is any connection with Stein or Kramer – but evidently they liked what they saw with Ronald and decided to
    file their own.

    I don’t think that the date of filing makes any difference. If Brookstone loses it would not prevent Ronald or Maxam from winning.

    So the only honest advise I can give you is that you would want to go with who you feel is the best lawyer because – and I’ve been told this by judges – if a case goes to trial it is a close case, and the best lawyer wins. So look at the lawyer bios, etc. and go with what feels right.

    • John Wright says:

      That sounded like a very good answer.
      .
      Mr. Spivak will be the lead counsel on my case, in which I have been told by
      all the advocates that he has the best reputation. However, I have heard
      that Stein has most experience, whereas I have heard Kramer is just “ok,”
      but has a lot of controversy surrounding him regarding mailers or something.
      .
      Thanks for sharing !
      .
      My name is John Wright AND I AM FIGHTING BACK!

      .
      John Wright
      piggybankblog.com

  19. rudekidz says:

    John:

    Way to go been fighting them myself for 3 years. I am 2 Wins so far they jacked me around. If you email me your contact info would like to chat. I want to file my own lawsuit in Ventura County against them. It makes me sick people are loosing their homes. Their communication system is so broken. Not everybody has our BALLS and determination it’s up to us to step up who can. Thank you John for putting it out their man! Totally props to you!!!! Every day I write letters to them. I feel it’s my duty. I always tell them it’s a good thing that BOA is not the military or we would be screwed. t-out

  20. Robert says:

    Tomorrow we will begin recording a series of YouTube videos which we will show the unwillingness Bank of America shows in resolving HLOC issues and their head in the sand approach to dealing with issues. We will show the fraud they have committed on the disabled by taking advantage of those with disabilities by submitting false loan applications in order to make fraudulent loans.

    We will show how they allowed $160K of a dying elderly mother’s money to be illegally withdrawn from her account while she lay dying and in a coma.

    We want everyone to know how to stop BofA from threats of legal action if you fall behind on your Home Equity lines of credit and how to legally take that balance to zero. We will tell you how to legally convert that HLOC from a secured debt to an unsecured debt.

    Hint: If your first mortgage is upside down and BofA is in the 2nd position on your mortgage they must pay the first mortgage note off in order to foreclose on their second position note. In essence BofA would lose far more money than what they were trying to collect by not only eating the underwater first mortgage but the HLOC as well.

    Until they agree to help we will be waging a media and governmental war against Bank of America and their overpaid executives.

    We will post photos and addresses of their executive’s Multi-million dollar homes which they enjoy while at the same time taking taxpayer bailout money of more than $45 Billion.

    We will provide links to every Governmental agency so we the American voter demand Bank of America be regulated into submission.

    The “Bank of Opportunity” translates into, you gave us the opportunity to rip-off consumers as well as taxpayers, no one can stop us.

    Playing nice with Bank of America does not work. We are kicking it into overdrive and taking them on…David vs. Moynihaniath

    Hit them where it hurts……In the bottom line.

  21. Robert says:

    Rudekidz,

    I also am in Ventura County. Please contact me I’m in this fight as well. The information I have against them must be investigated and the CEOs prosecuted.

    takebofadown@yahoo.com

  22. latoya brown says:

    Thank you so much for this informational blog. I have been dealing with BOA incompetency for a long time and thought I was the only one. I contacted the law firm and hope to be able to join the efforts.

  23. Randy Hewitson says:

    Thank you John for the countless hours you have spent to put this to the public and to give hope to people like yourself that have been duped by BofA and the countless other banks. We have just found out about this whole mess for us it’s with MERS/BofA/Countrywide all trying to steal our home this is the biggest crime against the American public in the history of America. A place we found out about is http://www.nafda.org a non profit trying to help people to save their homes.
    We will continue to follow your blogs to try to keep in the loop of what is happening on a daily basis….this is just the tip of the iceberg !

  24. Elina says:

    I was denied 3 times by Bank of America from HAMP program. First, they had increase my payment by including taxes and insurance that I always paid separately. I continue to pay the original amount but was sent to collection. The decision to deny stated that my hardship was increase of payment and not loss of income. (my hardship letter clearly stated that it was loss of income).
    Second time I was denied because I am not “dead, disabled or divorce”.
    Third time, bcs I did not sent my tax return on time even though bank confirmed several times that they did receive it on time. I have a foreclosure date in 1 month. What can I do?

  25. I would love the opportunity to speak with you about promoting the petition, http://unitedinprosperity.org showing why every negative equity homeowner is legally entitled to a modification regardless of the bank, servicer, income, financial hardship, or whether the homeowner is current or delinquent in their payments.

  26. merry says:

    yes we don not like B of A either.we had a mortgage with them since 6/2000. and they had mess up by account.And we tried to refinance we were always denied.We had a loan Mod.going on since Dec2009.we sent all the documents sign and dotted and we just found out we were denied because they said they did not receive all the documents and they also said since Sept2010 the house is in foreclosure and we never recieve anything on this.They are B/S.anyone know a good lawyer in Maine that they can fight this bank.

  27. Kathryn says:

    I have been dealing with BAC and it’s been nothing but a nightmare!! They approved me for home loan modification I sent them almost $7,000.00 on June 25th, 2010 to get everything cleared up. Then another $1,265.00 July 1st,2010. I started making my new payment September 1st, 2010. I made my monthly payment and called them weekly to make sure everything was fine. Everything was fine is what they told me. WRONG!! I went to make my May 2011 house payment and they told me that I couldn’t because my house was in Foreclosure!! I said no way…. Apparently they tried to call me November 2010 and my voicemail was full so they cancelled my modification. How can they do this after I sent in all of this money?? It’s not like they don’t have my address and phone/work numbers. They never bothered to contact me about it just continued to let me make my modified payments even when I called them weekly to make sure everything was fine. I have asked them for the balance due and they won’t give it to me because it’s on foreclosure. It’s my house and it’s in my name and I have the right to know my balance!! It makes no sense to me. I reapplied for the modification last month and got denied. So I tried to reapply yesterday and they said I am behind and I need to get caught up for my May, June, and July 2011 payments. I’m sorry I am not going to send them anymore payments just to get denied again and still get my house foreclosed on. I have sent them over $17,000 in the last year and I’m in the same place where I stated. I feel like giving up but I am determined to get answers to where I all of my money went!! BAC has horrible communication and it’s the worst bank I have ever delt with!!

  28. Ruthie McClellan says:

    Please help me get on the lawsuit. I have been battling BOA for two years and have gotten no help at all.

  29. Sugel says:

    courts changes have been made in recent years that allow consumer organizations to bring claims on behalf of large groups of consumers…… Large class actions brought in federal court frequently are consolidated for pre-trial purposes through the device of MDL . It is also possible to bring class action lawsuits under state law and in some cases the court may extend its jurisdiction to all the members of the class including out of state or even internationally as the key element is the jurisdiction that the court has over the defendant..Typically federal courts are thought to be more favorable for defendants and state courts more favorable for plaintiffs. It should be noted however that the Class Action Fairness Act contains carve-outs for inter alia shareholder class action lawsuits covered by the of 1995 and those concerning internal corporate governance issues the latter typically being brought as shareholder derivative actions in the state courts of Delaware the state of incorporation of most large corporations .

  30. Steve says:

    Help us end this nighmare!! PLEASE!

  31. PETER VICTIM says:

    I AM ONE OF VICTIM AND EYEWITNESS TO BE TREATED BY BANK OF AMERICA WHICH IS HIGHWAY ROBBERY FROM CALIFORNIA’S HOMEOWNERS. BOA WAS A BIG LIE AND ONLY WANTED TO RIPPED OFF FROM HOMEOWNERS PAYING ALL KIND OF FEES AS MISC.FEES;DOCUMENTS FEES;FORECLOSURE’S FEES; LATE FEES AND SO ON. BOA TRIES TO SET UP ITS GOAL FOR USURY BUT I TRIED TO BUILD UP DEDUCTION LOWER MY MORTGAGE PAYMENT EACH MONTH AT RESULT I SHALL BE PAID ALMOST 50% INCREASING MY NEW REINSTATEMENT MORTGAGE HOME LOANS WHICH WAS ABSURD LOAN

  32. Vera Penny says:

    I have been trying to get a modification on my mortgage for over 2 years now and have gotten no where. I thought I was making progress in June and then in October, I was told i did not qualify by a different associate. I was so disappointed as I cannot refinance as what I owe on the house is higher than the current market value.

  33. Susan says:

    Okay so now I have sent the email below to all the legislatures I can think of. Am I being naive in thinking it might do any good? I think that follow up letters (hard copies mailed) are in order as well. What else can one do????
    I am fortunate as I still have my home and and able to make payments though it is not an easy task. For me it is now a matter of principal and seeking restitution from whoever is responsible for the emotional and financial hardship their greed and deceit has caused me for close to two years.

    STOP FORECLOSURE FRAUD
    NOW!
    Dear Mr.President,
    Please – I hope you will take the time to watch this video (http://www.youtube.com/watch?v=PoOJMr7OJ0s&feature=player_embedded) regarding the FDIC, foreclosures, and loan modifications (that never happen). I am still trying to modify my loan and it has been almost two years now. I have done everything (have extensive type written notes). Mazie Hirono (my Hawaii representative) has written a letter to B of A but they still refuse to modify my loan. What does it take????

    I will never give up the fight to keep my home and to obtain a loan at decent rates and terms. I realize I am not alone and there are many others who are silently trying to figure out what to do next. It is time for our government representatives to represent the hard working citizens of the United States of America!!! Those who do not will not get my vote in the next election.

    Sincerely,
    Susan (full name and loan number included in actual email)

  34. Jeanine Mercer says:

    Brookstone Law wants $3,000 and I can’t afford that. What can I do?

    • Piggybankblog says:

      Hi Jeanine:
      .
      From what I know – they charge according to each persons situation. It is expensive litigation because they are going up against the banks. For example, if we were suing them individually – it would probably be a $30k – 50k deposit and around 150k totally. There have also been some who file a lawsuit representing themselves – but i have to be hones t- it is not easy.
      .
      I have heard that Brookstone has a hardship program that you might want to apply for. So you might want to check that out too.
      .
      Your friend always,
      .
      My name is John Wright AND I AM FIGTHTING BACK!
      .
      John Wright
      Piggybankblog.com

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