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Incident = In February 2010 I contacted my mortgage lender Bank of America about their Making Homes Affordable Program in which I was solicited via the Internet. I did call and inquire but was told I did not qualify. About 6 weeks later I receive a FED-EX package about the program. I called Bank of America and was told the documents were sent by mistake and to "toss them in the trash." That is exactly what I did.

On June 4, 2010 I noticed that $199.16 was missing out of my checking account. After looking through my bank statement my fixed rate mortgage had jumped from $424.17 to $523.75 in May of 2010.

I contacted Bank of America and was told "this is your new payment as we opened an escrow account to pay your property taxes and insurance for the Making Homes Affordable Program. I explained to 7 people over a 2 hour time period that I was not eligible for the program, never signed any documents nor submitted an application and have paid my own taxes and insurance outside of the loan since I first purchased the property.

The bank did admit that I did not qualify for the program but the escrow account had been set up and it could "never be terminated." "You will have to just live with it Mr Russell the rep explained." I told her my taxes are $199 a year and my yearly insurance is $250 but your withholding almost 1, 200 a year? Response: "well at the end of the 27 years we will refund you the difference". I then informed her that Bank of America fraudulently changed the terms and conditions of my loan without permission, my knowledge, or any signed documents. Response we do this all the time its perfectly legal for us to withhold for your taxes and Insurance. I stated my taxes are paid to date and so is my insurance, you cant legally raise my mortgage!

I explained to the representative that I may not even be able to pay my mortgage next month as Bank of America has funneled out $199.16 out of my checking account due to the "increase in my mortgage." Well Mr. Russell if you don't pay your mortgage, we will simply have to foreclose on you and have the Sheriff remove you." I explained to her I have a limited amount of money and pay my property taxes each year with a small bonus check I receive from work, my insurance is paid in small increments monthly and I cant afford a $100 monthly increase in my mortgage. The representative then hung up.

I called Bank of America back and basically was told pretty much the same thing after speaking with 4 more people and a supervisor. The supervisor informed me that he could "try to opt me out of the program"(could take months) you know the program I did not qualify for, and never returned any documents or applications I stated. He said yes sir that one. I demanded my $199 back (1/2 of next months mortgage payment) that Bank of America had fraudulently removed from my bank account via auto-pay. The authorization was only for $424.17 a month not $523.75 Response: its not possible Mr. Russell. Because of Bank of America fraudulently increasing my mortgage and illegally withdrawing more than agreed upon I'm sure I will have overdraft fees as I only have $9.00 left in my account.

It is quite apparent that Bank of America is committing blatant fraud in order to account for the TARP money they have received. If you are wondering why their numbers have increased by 70% in one month, allegedly enrolling more people in the Making Homes Affordable Program? This is how their doing it. I no doubt will loose my home as I will never be able to catch up or pay the higher unlawful increase in my mortgage. Mortgage loan # 870986174 Did I mention my taxes, insurance, and loan payments have never been late! I will now loose my home just for inquiring about the Making Homes Affordable program!

Product or Service Mentioned: Bank Of America Mortgage.

Monetary Loss: $70.

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Anonymous
#478148

We have filed a class action lawsuit against Bank of America relating to their practice of opening escrow accounts without permission or authorization, including when borrowers request loan modification information. Please contact us at info@bholaw.com if you would like to share your experience with us.

Anonymous
#235243

Im pregnant w 2 girls got 2 mthd behind was told to do mod not to make payments while in review! Then after 6 mths of lies they say u don't qualify need all 9 payments!

They try to foreclose I get it stopped do a forebearence 3 trial paymentds that ended up 11 teal payments! Then call for the billionth time! O it was canceled.

No reason at all can't tell me why or anything! You'll have to start over send in papers for 100th time!

Anonymous
#228010

bank of america is ruining everything in our lives financially because of the unexpected increase of 500.00 a month escrow and insurance .when we as well paid our own taxes and insurance on time ,will probably loose it all

Anonymous
#225314

DAVE

We are in a similar situation with the escrow. We enrolled in the MHA months ago and can find out nothing from them, except they imediadly set our payments to escrow increasing them by almost $500 !! we were having trouble with the old payment and acn't make the new one of almost 1500. Now they are threatening forclosure more charges for home inspectors and when we inquire about the loan mod we can't find anything out. How is your lawsuit coming ?

David W

Anonymous
#220564

Bank of America took the bailout money from the government, now they are steeling our homes. I have paid them thousands and they continue to say you must pay more and more.

They should be forced to lower our interest and not put us on any programs, Another way Obama is saying *** You, America.

Why did those *** vote for him. He is ruining this country.

Anonymous
#167423

Dave, can you please update us on your lawsuit?

My boyfriend and I have encountered almost the exact same incident with BOA.

We to, contacted Bank of America about their Making Homes Affordable Program in which I was solicited to use via mail. We also called and inquired, and they explained that to even qualify that you needed to miss payments on the current mortgage. We told them that we were not interested. There were papers that came in the mail via Fed Ex and we tossed those out as well. Well, my boyfriend just began to look for a home to purchase, and put a contract down on house and $1,000 deposit, along with a home inspection that he paid for. The mortgage broker ran his credit and BOA reported to the credit card company that he was enrolled in a modification program. It lowered his credit score over 100 points and the mortgage broker explained he will never get approved for a loan with that on his credit. It has been a nightmare talking to BOA, there mistake is not allowing this new home purchase to go though and has DAMAGED his credit score. Nothing was ever agreed to, applied for, or signed that gave Bank of America the right to do this. BOA has always received FULL payment amounts. The bank has promised him over 3 times that they will "remove" the modification from his account, but when the mortgage broker updated the credit report, it is STILL on there. They will not even issue a letter stating that it was never to be in modification. THIS IS ALL WE NEED TO GET APPROVED FOR THE NEW LOAN.

Anonymous
#158245

I purchased a home about a year and a half ago via BOA and had an escrow account for my homeonwers insurance. Year later, I was notified by BOA that I need to renew my homeinsurance policy or else they will slam me with their default home insurance policy.

I contact my insurance company and for renewal and I was told that I did not have an existing policy. I then contacted the BOA to notify what was going on and I did not want BOA to slam me with one of their overpriced premium. After several attempts to track my insurance policy, i had none. I called BOA to move the escrow money, but to find out that they have submitted the payment to the insurance company.

This was unaurthoized payment. I had no ploicy and told BOA that the policy number they provided did not exist. BOA rep and I called the insurance company regarding the check, but unable to get my money. I'm so pissed at BOA!

Why would BOA send my money when I told them the policy does not exist nor did I have one. Later, we found out the rep who handled my home insurance policy is under investigation for insurance fraud. BOA, denied all wrong doing. BOA insist they sent the escrow becuase the agent called in requesting the escrow money for the insurance.

Can Banks send escrowed money without a bill or invoice?

I need help, i'm out $1800 due to BOA. it's been over 6 months and keep getting the run around.

Anonymous
#155854

RE: NOTICE OF INTENT TO FILE SUIT/DEMAND NOTICE

Dear Mr. Pierce and General Legal Council: Bank of America NA

Greetings,

Mr. David C. Russell, wishes to hereby notify Bank of America of his intentions to have served, your statutory agent and of Mr. Russell's intentions to seek legal remedy IE file suit against Bank of America in US District Court.

Comes now, David C. Russell to allege and state as follows:

1. That Bank of America fraudulently, unlawfully and without the borrower’s knowledge, sometime in May 2010 unlawfully enrolled Mr. Russell in a HAMP and opened an unauthorized escrow account for Mr. Russell's Bank of America Mortgage Loan # 870986174. In factually, opening this unauthorized escrow account and increasing Mr. Russell's monthly mortgage payment, did legally breach and unlawfully changed the terms and conditions of the aforementioned loan, without the borrowers knowledge or consent. Per Mr. Russell's legal and binding loan documents he had no escrow account and paid his property insurance and taxes outside of the aforementioned loan. (All property taxes, insurance premiums and home loan are and were paid to date)

2. Bank of America in May 2010 did unlawfully, fraudulently and without notice, increased Mr. Russell's monthly mortgage amount thus causing a shortage in his personal checking account that resulted in an overdraft and created a financial hardship. Bank of America did indeed violate the terms and conditions as set forth in the original lender/borrowers agreement as stated in his loan documents drafted in September 2007.

3. Bank of America in May of 2010 fraudulently and unlawfully enrolled Mr. Russell into a HAMP without his knowledge, application nor signature. Mr. Russell does concede that he did make one phone call inquiring about HAMP in February 2010, but was immediately disqualified for the program by the customer service representative at Bank of America he had spoken to.

Furthermore, Bank of America did call Mr. Russell from an 800 number some 30 days later to inform Mr. Russell again of his "ineligibility" for the program. In March of 2010 a FED-EX package arrived at Mr. Russell's residence with an application for HAMP from Bank of America. Mr. Russell did call Bank of America and asked them why the application was sent if he was not eligible for the HAMP program. The customer service representative asked Mr. Russell to discard the forms as they "were sent in error." Mr. Russell did retain the application and said FED-EX envelope to further show he never applied for the program. Mr. Russell never completed any forms/applications or mailed them in.

4. Mr. Russell did attempt to rectify the matter of the unlawful and willful change in his mortgage payment, unauthorized escrow account, and unauthorized enrollment in HAMP numerous times to no avail. After a dozen calls to Bank of America Mr. Russell was informed that if he could not pay his "new higher monthly mortgage payment" that he would be "foreclosed upon and removed from his residence by the local sheriff", as stated by one customer service representative. Mr. Russell was also informed by another customer service representative, that the unlawful escrow account could "never be removed" and would continue to increase his monthly mortgage payment.

5. Mr. Russell was contacted by a Mr. Pierce from Bank of America "office of the president" in June of 2010 and was told that a refund check for the remains of the unauthorized/unlawful escrow account would be sent to him FEDEX, to date no such FEDEX package or payment has arrived.

6. Bank of America fraudulently and without notice, withdrew excessive and UN-Entitled funds from Mr. Russell's personal checking account, in violation of Federal banking rules and regulations.

7. Bank of America has breached its fiduciary responsibilities between borrower and lender in the aforementioned legal and binding contract IE Bank of America Mortgage Loan # 870986174 and all documents contained therein dated September 2007.

9. Bank of America through its agents, customer service representatives and employee's threatened, harassed and intimidated Mr. Russell in an attempt to have Mr. Russell pay an unlawful increase in his existing mortgage and retain an unlawful escrow account. (IE threatening foreclosure, the removal of Mr. Russell from his residence by the local sheriff on a home in which there is no past or prior history of delinquency.)

10. Bank of America unlawfully has/and is withholding monies from Mr. Russell with no entitlement and in violation of Federal Banking Rules and Regulations.

11. Bank of America fraudulently, unlawfully and in violation of Federal law(s), used the HAMP to facilitate fraudulent withdraws from Mr. Russell's checking account, opened unauthorized escrow accounts on Mr. Russell's behalf without notice, and has breached the legal and binding conditions of Mr. Russell's Bank of America Mortgage Loan # 870986174

12. As a result of the aforementioned, Bank of America has caused Mr. Russell extreme and severe undue emotional duress and financial hardship, in which Mr. Russell is entitled to recover punitive damages. IE threats of unlawful foreclosure by bank employees/agents, Bank of America employees/agents threatening to have the sheriff unlawfully remove Mr. Russell from his home, in which there is no delinquency or breach of contract on the borrower’s side.

13. It is more than apparent that Bank of America, through their employees and agents, have falsified documentation and fraudulently enrolled Mr. Russell into a Federal Loan Modification Program in which he did not apply for, thus creating an escrow account for the fraudulent HAMP.

14. Bank of America also has made unauthorized pulls/inquiries upon Mr. Russell's credit reports that are in violation of the Fair Credit and Reporting Act, in order to qualify him for HAMP in which he was allegedly ineligible for and never made application.

15. Mr. Russell was factually defrauded, threatened with retribution and deliberately mislead by Bank of America employees and their agents, by attempting to have Mr. Russell agree to modified terms and conditions of his existing fixed rate home loan. Bank of America has also violated rules and regulations in accordance with the Fair Housing and Lending Act.

16. Considering the severity of the aforementioned, Bank of America had a fair and reasonable amount of time to remedy the breach of contract between borrower and lender.

Therefore, Mr. Russell is entitled to receive the following punitive damages and shall offer the following, as a onetime nonnegotiable settlement offer in lieu of legal litigation:

Bank of America is to immediately release Mr. Russell of any all liens, loans, encumbrances and is to forfeit the remaining loan balance held by Bank of America on the property located at 461 W Holmes Ave Unit 158 in the City of Mesa, County of Maricopa, in the State of Arizona. Bank of America shall convey to Mr. Russell a free and clear Warranty Deed of Trust entitling Mr. Russell to sole ownership of the property without lien, debt or obligation and file such legal documentation with the Maricopa County Recorder’s office at the expense of Bank of America. Additionally Bank of America is to notify all three credit reporting agencies and report the aforementioned loan as “paid in full.”

Furthermore, Bank of America is to immediately issue Mr. Russell payment for undue and severe emotional duress in the amount of $50,000.00 (fifty thousand dollars) for additional punitive damages for the fraudulent, willful, unlawful, threatening misconduct of Bank of America and their agents/employees including but not limited to, deceptive banking practices and breach of Bank of America’s fiduciary responsibilities.

This settlement offer will expire on June 30, 2010 non- acceptance will therefore vacate the settlement offer in its entirety. Failure to comply or accept the settlement offer in full will result in immediate civil action being filed against you.

Anonymous
#152266

Dave, I know exactly what your going through. BOA did the same thing to my brother and myself.

They were going to foreclose on June 11th. I begged for help, not one of them would comply. My brother had to take a cash advance on a cc so we wouldn't lose our home. They suck, and something should be done about them.

I also had a rude rep her name was Rima.

My mother passed away and her answer was thats not our problem, I was in and out of the hospital and her reply was your health isn't our concern. The fat execs ride their corporate jets get their friggin bonuses while the small working people lose their home.

I hate BOA.

Anonymous
#152265

BANK OF AMERICA's new Strategic Forcloser plan: Steal homes from people and sell them for a profit.

Warning BANK OF AMERICA is issuing forclosure notices that contain no property address on them Through some company named Reconstrust Company. This must be how they are taking homes that have no loans on them.

Is this the change OBAMA was talking about. Keeping mine for evidence in future lawsuit.

Anonymous
Woodburn, Kentucky, United States #151746

I had similar nightmares with Bank of America-- twice. One related to them wanting to hold my portion of the insurance proceeds after my house burned down.

Hello, it is MY money, it already paid off the mortgage. (They just wanted to earn interest on the $140K they owed me) and kept making excuses about why they couldn't release the money. They even told me at one point that it had been mailed and gave me a FEDEX tracking number. Surprise, the check never arrived (and I had a pending closing on a new house).

when I called the next day, turns out a check hadn't been cut yet, there was no FEDEX package. After six weeks of having my money, they told me the check would have to clear the insurance company. WHAT? they said they needed proof from the insurance company showing that it cleared their bank.

WHAT? ANYHOW, I finally had to contact the US Comptroller of the Currency who regulates commercial banks. They gave me the phone number for BOA's CEO Customer Advocacy office or something like that. They finally opened a file with my issues and I did get results.

I also had another nightmare with BOA regarding a short sale, but I won't begin to go into that abyss. I hate them and yes, it is a strong word!

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