Balancing the Scales of Justice for Pro Se Homeowners

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Bank of America ….the bank that lies built

Posted by on Jun 14, 2013 | 0 comments

Surely this little tune being “whistled” by Bank of America employees is familiar, if not tiresome.  Surely this not a surprise to anyone?  According to the article, published by by Yahoo Finance details how Bank of America “lied” to homeowners (a bank lie?) and “blitzed” modification applications to clear out backlogs so Bank of America could submit more lies to the government.   See Former Bank of America workers allege it lied to home owners

According to this article, six Bank of America employees have submitted affidavits, detailing how the Bank denied homeowners modifications and instead rewarded employees for pushing homeowners into foreclosure. A few excerpts:

For example, an employee who placed 10 or more accounts into foreclosure a month could get a $500 bonus. At the same time, the bank punished those who did not make the numbers or objected to its tactics with discipline, including firing.

The court documents paint a picture of customer service operations where managers roamed the floor with headsets, able to listen into any call without warning. Service representatives were told to lie to homeowners, telling them their paperwork and payments had not been received, when in reality they had.

The former employees said they were told to falsify electronic records and string homeowners along in foreclosure as long as possible. The problem was exacerbated because the bank did not have enough employees handling modifications, adding to the  backlog of cases purged during the “blitz” operations.

As pleased as I am to hear that more and more honest American’s working for these vile institutions are starting to talk, I am disgusted that there is not more outrage and that each of us, individually, still must fight the judicial bias that gives any presumption of honesty or credibility to national banks.  While Bank of America victims can hopefully gather some hope from this revelation, we all know this is a standard operational procedure of organizations like Wells Fargo, N.A., JP Morgan Chase, Ally Bank/GMAC, as well as the smaller players like Ocwen, Greentree, Suntrust, etc.

Following are several different reports – I am looking for the actual case these affidavits were filed in and to see if I can get the affidavits.  If I do, will send this on to each of you so you can forward them out to anyone and everyone who has an invested interested in shoving this garbage right into Bank of America’s face and pocketbook.

ProPublica:  Bank of America Lied to Homeowners and Rewarded Foreclosures, Former Employees Say

Business Insider: Former Workers Allege Bank Of America Lied To Home Owners And Rewarded Employees Who Foreclosed On Homes

More to come….

KEEP UP THE FIGHT!

Simonee

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CALIFORNIA HOMEOWNER BILL OF RIGHTS IS HITTING ITS MARK

Posted by on May 20, 2013 | 1 comment

Both attorneys and pro se’s are getting traction in fighting the banks by leveraging the new California Bill of Rights that went into effect on January 1, 2013.  And….the bank’s whining has already started.  This a powerful tool, and when the bank’s start crying because it disadvantages them, then you know there is some bite to the bill.

 Homeowners Leverage HOBR to get Trustee Sale Cancelled or PostPoned

In February this Los Angeles homeowner received a Notice of Trustee Sale, in a panic she called to see if there was any research that Info To Fight Foreclosure had to help her.   So we crafted a Cease and Desist letter (Trustee’s are now liable for up to $50,000 for conducting the trustee sale in violation of HOBR) that the homeowner tweaked and over-nighted to the Trustee.  Two weeks letter the Trustee informed the homeowner the sale had been postponed from the end of March to the end of April; a week later the homeowner was informed the bank had called and “cancelled” the sale.  Trustee Sale Letter 1 -Redacted.

Karan, concurrently with filing the cease and desist letter filed a complaint, alleging violations of the National Mortgage Settlement and the HOBR.   Let’s see where this goes.

Last week another homeowner, Sarah, called.  Her Trustee Sale was scheduled for today, Monday, May 20th.  We quickly reviewed her  documents, drafted a cease and desist letter, and she overnighted the letter to Ocwen (servicer) and Western Progressive (Trustee).  The letter was sent on Wednesday, received on Thursday.  At 8:30am this morning she was informed the sale has been postponed.  Trustee Sale Letter 2 – Redacted.

Her next step is to send a pre litigation letter, highlighting the violations of law and offering a settlement.   We will let you know where this goes!

Make Sure Your Cease and Desist Letter Highlights the FACTS

As you can see, each Cease and Desist letter is slightly different; and this is important. In order to make sure the letter is acted upon it is important you understand what portions of the HOBR applies to your situation and re-iterate those issues in  the letter.  In Karan’s case, she is being dual tracked; in Sarah’s case the documents recorded in the official land records are void on their face.

If you need assistance in a Trustee Cease and Desist Letter and/or a Pre Litigation Letter, contact Info To Fight Foreclosure!

 

 NAKED CAPTIALISM SHARES BANK’S SHRILL CRYING

No one can tell the story like Naked Capitalism and they do, recounting the man’s crying and boo hooing that the California Legislative has enacted a bill preventing the bank’s illegal/unsafe and unsound business practices.  Come on..all  together……. ooohhhh…poor babies.

 

Naked Capitalism continues reporting in Quelle Surprise! Banks Whining About the Costs of Breaking New California Homeowner Bill of Rights

If you haven’t investigated the Homeowner Bill of Rights now is the time to do so!  Gold & Hammes, a California Based Consumer Bankruptcy attorneys provides a nice overview here.

 

KEEP UP THE FIGHT!

 

Simonee

www.infotofightforeclosure.com

LEGAL DISCLAIMER:    I am not an attorney and this is not legal advice.  This is for educational and informational purposes only. Take no action on this  Information without consulting an attorney in your jurisdiction

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