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Attorney2, Attorney
Category: Legal
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Experience:  29 Years In General Practice,
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Can I file a Civil suit against a Bank of America Represenative

Customer Question

Can I file a Civil suit against a Bank of America Represenative
Submitted: 4 years ago.
Category: Legal
Expert:  Attorney2 replied 4 years ago.
You should not file anything against the individual as she is merely an agent of the lender. The proper cause of action would be against lender.

Have you contacted the corporate office for B of A?

What you have is predatory lending by B of A. If they try to initiate a foreclosure action against you would use the modification papers to ask the court to stop the foreclosure. You should also file a complaint with the FTC and The Department of Justice for predatory lending.

Please take a deep breath and let me know if I can provide you with any additional information regarding this matter.
Customer: replied 4 years ago.

I just recieved a letter from them last week that everything is OK and to disregard the former response not the one I got yesterday. This is the 2nd time they have done this to me. Did a mod in Aug. 2012. Made every payment on time. Call in Feb. due to still showing past due balance. They asked if I had recieve new papers, told them no. They said they made a $5.00 math error. I asked for new amount and started making new payment. Call me in the following Summer said my house was going into foreclosure. It was because I never sent doc. back from Feb. Told them never recieved them. Spent 2 hrs on phone, got to the dept. that sends out the paper work to have them back me up that the only papers they had sent to me were in Aug. that I notorized and sent back. Gave them the # XXXXX that dept. Didn't help. Send mod was null & void. I kept paying my payment because I wasn't going to default on my end of the deal. It has taken 2 years to get that straightened out with a new mod only because I complained to OCC and the bank commissioners. They ruined my credit showed I was 120 + late when I made every payment. Complained about that to OCC. Just got a letter where that was going to be straighten out. I can't believe this nightmare is back. I guess I can call the Charlotte office again but the left hand doen't know what the right hand is doing because they are so big.

Expert:  Attorney2 replied 4 years ago.

This is predatory lending and the reason that we had this massive housing crisis. B of A is known for this type of activity and has paid out massive amounts in settlements.


Call Corporate and ask to speak to the President. Brian Moynihan CEO/President Toll Free(NNN) NNN-NNNNTry to get the highest level official you can get on the phone and be persistent.


File an FTC complaint outlining what has been happening and the negative impact on your credit.


and file another complaint with the Department of Justice Mortgage Fraud Division


Please do not hesitate to ask me any additional questions that you may have more. There are more actions that can be taken with regard to this matter.