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After two years of trying to restructure or achieve a short…

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After two years of trying...
After two years of trying to restructure or achieve a short sale on our negative equity house, we have come to the conclusion Bank of American (1st) and Citimortgage (2nd) prefer foreclosure because they make more money thanks to government guarantees and bailouts. Bank delays and stonewalling have driven away three qualified buyers. Is this confirmed in your experience? If so, is there a basis for a class action suit given the fact the banks promised to help responsible homeowners if they got bailouts but instead seem only interested in lining their pockets? [email protected]
Submitted: 8 years ago.Category: Real Estate Law
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6/23/2010
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
Infolawyer
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Customer reply replied 8 years ago
I want to know if there is a basis for filing a class action suit against Bank of America for taking bailout money and promising to help homeowners with short sales and restructures but refusing to do so.

BACKGROUND


Excerpt from article below:

“At one point a short sale specialist told us thanks to government guarantees, the banks make more money on foreclosures than they do on short sales so they have no incentive to help homeowners. Isn't that special?”

Dear XXXXX,

I listened with great interest to your radio segment yesterday concerning homeowners staying in their homes while suspending their mortgage payments, the general topic being “Rewarding Bad Behavior.”

I’m including two Christian brothers in this email. C. George Bender is a former Bank of America VP. He knows Senators who have a particular interest in the misdeeds of Bank of America. Neale Johnson lives in Carmel. He has been a mortgage banker for 20 years. He has been trying for more than a year to get a restructure with another bank.

We are generally in agreement that the banks received bailout money promising to help distressed/responsible homeowners with restructures or short sales, that foreclosures were to be avoided wherever possible. However, we see the banks routinely drag their feet or prevent restructures and short sales, thereby pushing for foreclosures. There can only be one explanation: they profit from foreclosures, thanks to government intervention.

I’m including a recent article I wrote on the subject concerning our situation, pasted in below.

Here are some other pieces of relevant information:


An example of how the short sale/foreclosure scam works- Indymac Boys Get Sweetheart Deal
http://www.youtube.com/watch?v=ssl5yb7FewA


Bank of America, seeking regulatory approval of its Countrywide takeover, plans to modify at least $40 billion of mortgages during the next two years to keep customers in their homes — avoiding both Bank of America foreclosures and Countrywide foreclosures. The move will help as many as 265,000 homeowners stay in their homes. Countrywide foreclosures are growing because the lender made risky loans to many subprime borrowers. But declining home values in California and many other states could prevent foreclosure assistance for Countrywide borrowers. SOURCE: http://www.realtytrac.com/foreclosure/reo/bank-of-america-countrywide-foreclosure.html


ANOTHER BROKEN PROMISE?
http://industry.bnet.com/financial-services/10007907/bank-of-america-foreclosure-hamp-jpmorgan-foreclosur/

Bank of America forcing foreclosures in Utah
http://www.americanbankingnews.com/2010/06/13/federal-judge-dissolves-foreclosure-injunction-against-bank-of-america-corp-nyse-bac/

More evidence B of A iS incompetent
http://www.google.com/hostednews/ap/article/ALeqM5gyoZ46fqVwnds84XZfpZHVMrkGCgD9GFVUIO0

B of A claims increases in modification approvals, but it’s a lie
http://www.americanbankingnews.com/2010/02/22/bank-of-america-steps-up-loan-modifications-under-hamp-nyse-bac/
http://online.wsj.com/article/SB10001424052748704398804575071003049650906.html?mod=WSJ_Real+Estate_LeftTopNews

Rethinking the American Dream
http://online.wsj.com/article/SB10001424052748703513604575310383542102668.html?mod=WSJ_RealEstate_RIGHTTopCarousel


Since the banks and the federal government are now one, it will be virtually impossible to sue them via class action but perhaps that is an option if we can find the right counsel.

Certainly we can raise the issue in media and press for redress, for this is truly an unjust situation. Thanks to information from Neale I have a call in to Fannie Mae to ask if they can override the B of A decision to foreclose. Meanwhile, our third buyer has pulled out thanks to delays by B of A.

Sincerely, XXXXX
XXX-XXX-XXXX



AMERICAN DREAM HAS BECOME A NIGHTMARE
Those with Ears to Hear
5.29.2010

Dear Mr. President, Executives at Bank of America and Citibank, past and present Executives at Fannie Mae, Members of Congress, past Executives of Countrywide, and all those involved in the subprime swindle:

Greetings from the land of foreclosure and bankruptcy.

Ten years ago my wife and I were living the American dream. Working for a corporation I was earning an income enabling us to buy a house. And then I decided to pursue the dream even further by starting my own business. It was quite successful for a number of years, providing our family with an income sufficient to cover our obligations and allowing us to contribute 15% to charity, after taxes. We made our mortgage payments faithfully for 9 years. We had a traditional 30-year fixed at 6.75%.

Fish were jumpin’ and the cotton was high.

Today, the picture is quite different.

As a sales and management recruiter, when the recession started in late 2007, I was among the first to feel it. In this climate, obviously, companies are forced to trim outside expenses, and so, my 12 clients became 3 and those remaining clients stopped or slowed hiring. In 2008, as a result, my income dropped 50%. I wrote our creditors telling them I would do my best to continue payments. At the time Countrywide held the 1st mortgage, and Citi, the 2nd. I made numerous requests for refinance or restructure. I was ignored.

However, we did have a shot at refinancing. It might have kept us in our home. It was approved, preliminarily. Then, the housing bubble burst, values plummeted, we lost all our equity, and the appraisal derailed that option. Suddenly, we found ourselves upside down about $100,000.00.

Bank of America purchased Countrywide subsequently, in January of 2008. I again approached Citi and BofA regarding a restructure. Again, I was ignored.

I attempted to enlist the aid of my congressman. His staff referred me to H.U.D. And again, I was ignored, not that I would use the President's bailout plan anyway. We did the only thing we could: cut expenses radically, worked harder to generate income, moved out and downsized. Advised a short sale on the old house would happen within 60 days, we vacated the house to expedite the short sale, assured that the banks were charged with expediting short sales given taxpayer bailouts to keep them solvent. That was a year ago.

Today, we are looking at foreclosure. The banks have thrown every delay and roadblock imaginable to forestall the short sale and force foreclosure. We began to ask why? Why would they burn through three buyers we brought to the table? Why would they preliminarily approve the short sale only to purposefully torpedo it?

In 2007 and 2008 we heard a lot of talk about how important it was to bailout the banks. As a taxpayer, this recent report caught my eye:

“On November 23, 2008, the government bought $20 billion in preferred shares in Citigroup. It also received another $7 billion in preferred shares in exchange for guarantees on $300 billion in bad assets. At the time, the combined value of the investment in preferred shares and the guarantee on bad assets exceeded the full market value of Citigroup stock on November 21st, the last trading day prior to the deal. In other words, for the same financial commitment that the government made on that day, it could have owned Citigroup outright.”

[Source: http://www.cjr.org/the_audit/was_the_citi_bailout_really_a.php]

As I understand it, for many months, the government owned a controlling interest in Citi. Tax money to save the bank was supposed to return a profit to the Treasury while the bank was supposed to help taxpayers and homeowners during this crisis. Instead, according to the aforementioned report, the government actually lost $90 billion on the deal, and homeowners got the shaft.

All totaled, Citi got $280 Billion in assistance.

Recently I called a Citi short sale manager asking him to help us consummate our short sale, the option we have been working on for a year, as mentioned. He essentially told me I was a deadbeat, I should pay what I owe, and stop whining about foreclosure, something I had not mentioned. Can I assume he was speaking for this Administration?

You can imagine my alarm to learn last year that federal bailout money, our tax dollars, channeled to AIG and Citi, were diverted to support Islamic terrorism, even as a Saudi prince holds a controlling interest in Citi. Apparently AIG and Citi are hip-deep in Shariah Compliant Financing. Investments in Islamic finance require “zakat,” the Islamic tithe, which frequently funds charities that are fronts for terrorist organizations.
[Source: http://www.canadafreepress.com/index.php/article/9073]

How stunning to realize a portion of my mortgage payments to Citi and my tax payments to the government during the course of many years funded terrorists who had my son in their gun sights while he served with the Marines in Iraq. He survived four IED attacks. Did I help pay for those roadside bombs?

Citi, rather than working with us, interferred with your ability to close the short sale, adding insult to injury and insult. Did I mention Citi is turning a profit and their shares have quadrupled in value?
But the story gets even better.

Trying to do the right thing, last August, we moved out of the house and rented another so as to be positioned for a short sale pending back then. Bank of America representatives indicated to our agents they would help expedite a short sale just as they had promised the government when Bank of America received enormous bailouts, $142 Billion to be precise. Guess what? Bank of America has stonewalled, delayed, bumbled and mismanaged the process for almost a year. We have blown through three buyers thanks to all the delays and missteps by Bank of America. (Is it true 75% of the BofA bailout went to help BofA purchase Merrill Lynch?)

At one point a short sale specialist told us thanks to government guarantees, the banks make more money on foreclosures than they do on short sales so they have no incentive to help homeowners. Isn't that special?

Our latest buyer stepped up three months ago with a $75k down payment, accepting a market price for the house. Bank of America conditionally approved the deal. After almost two years of feeling like a rat in an endless maze, we thought we were 99% of the way home: the short sale would go through.

At the end of May our agent said we were delayed another 30 days because Bank of America was ordering another appraisal as required by federal law. He said the delay probably means we will lose our buyer.

I called Bank of America. I eventually got through to a middle manager in Dallas. She said there was nothing she could do, rules were rules, even if they don’t make sense. Why order another appraisal when values continue to drop, I asked? We certainly will not get a better price tomorrow. She agreed. I mentioned if we go to foreclosure, we all lose.

“Oh,” she said, “Bank of America will not lose anything.” I asked why. “We don’t own your loan anymore.” I asked who does. “Fannie Mae,” she said. “Fannie Mae owns your loan, we just service it.”

Well, say hallelujah and amen: will the circle be unbroken?!

Wasn’t it Fannie Mae---the government getting into the mortgage business---that helped created the financial meltdown that destroyed the American dream? And now, after almost $400 Billion in bailouts from taxpayers to Fannie Mae, as the mortgage giant continues to ooze losses like the oil well in the Gulf, that government-owned sink hole subsidizes Bank of America, continues to mismanage our loan, standing in the way of our short sale, threatening us with foreclosure.

But we are not finished folks. You simply will not believe this next bit.

Even if, by some miracle, we hold this buyer, or find another, and eventually close the short sale, Bank of America reserves the right to sue us for the difference between the short sale price and the original loan amount. Bank of America officials confirmed this for me, all in the name of customer service of course.

Our only defense: bankruptcy. It is a maddening situation made worse by the knowledge the government is driving us all deeper into debt while the bankers are getting fatter, and none of them are doing what they said they would do: expedite restructures or short sales. The machine seems to grind away without regard to either the responsible homeowner or the health of the economy. The first step in any crisis situation is to stop the bleeding. That does not appear to be happening.

Discussing all this with my 85-year-old father yesterday, his conclusion was: “They always stick it to the little guy.”

So, Mr. President, when you claim your Administration is looking out for the little guy, it’s impossible to believe you given our experience. When you promise to hold the banks accountable, then don't, how can we have faith in you?

Furthermore, it all becomes a bizarre charade when we consider:

>you received enormous campaign contributions from the banks, Citi, other financial institutions, and Fannie Mae,

>you are very tight with the Saudis, and there is little doubt they helped fund your campaign just as they helped underwrite your Harvard education, so it is understandable you’d want to protect their interest in Citigroup,

>you and your political allies created, sustained and bailed out Fannie Mae which now holds a gun to my head after causing the meltdown that caused all this chaos,

>you and your allies bailed out Citi and AIG and Bank of America, and squandered our tax dollars based on false promises of assistance,

>imagine how we rejoice to read about all the big bonuses the bankers and the Fannie Mae executives receive,

>and meanwhile hardworking Americans across the country are going belly up while you and your pals enjoy vacations and champagne toasts, all on the backs of taxpayers.

Update: June 22, 2010 – was informed by my real estate agent today that Bank of America is refusing to postpone the foreclosure date (June 28, 2010), an arbitrary refusal, simply to force foreclosure, even though they had approved our recent buyer and the terms and conditions. Go figure.

I am so encouraged to find the government in charge of the entire mortgage industry because it really has been an improvement.

Excuse my sarcasm, but for me and mine, the American Dream has become a nightmare.

Yours very truly,XXXXX
Oregon

PS: I contacted our U.S. Senators about all this. You guessed it. Silence.
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
You can complain to local legislators and have a lawyer try to negotiate with lender but i do not see a claim here against lender from facts provided.
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Customer reply replied 8 years ago
You took four minutes to read my remarks and come up with this answer? Subsequently I've found online that B of A is being sued via class action, accused to hindering restructures and short sales in order to squeeze both homeowners and taxpayers to derive increased revenue in violation of TARP agreements. In the case of B of A they are also violating the agreement they made when the purchase of Countrywide was approved, namely, B of A agreed to help distressed homeowners with restructures or short sales. Instead, the bank is working against us. No claim against the lender?
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
This is fact specific and I cannot say your facts meet the fact pattern you mentioned. It would require a local lawyer to review the documentation and the specific conduct, something I cannot do in this context/forum so I will opt out.
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