$100 Million Lawsuit Filed Against Bank Of America

An Arizona man has moved forward with a $100 million lawsuit against Bank of America.

Joel Williams has accused B of A of fraud and misrepresentation.

According to Williams, the bank promised him a loan modification after Williams fell behind on the mortgage of his Lake Havasu home.

Williams never received the loan modification. Instead, he got a call from someone who just bought his house at auction after the house was foreclosed on, Williams said.

“I guess if you compare B of A to me, yeah, I’m the little guy,” Williams said. “I’m the little guy, but there are a lot of little guys like me. There are thousands of homeowners who have experienced the same kind of wrongdoing by big banks.”

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Posted in Bank News, Banking | 42 Comments

42 Responses to “$100 Million Lawsuit Filed Against Bank Of America”

  1. Nafees says:

    Bank of America has done the same thing to me after 12 months trail payments they rejected my loan becasue Investors wish to sell my home. God knows where investors comes in when I got loan from BAC! After calling day and nights they told me hey are reviewing my loan for other options but behind the sene they scheduled my home for sale on Aug 27 at 1PM.

    I called at least 200 times and every time i would trun here and there…Just last Friday they passed my loan to Office of CEO staff who doesn’t even have access to see my case notes.

    Sanator Mark R. Warner promissed to help and his staff ensured me that Bank has stop forclures and they will help me out…

    This is all a game they play… I can feel the pain and I am also willing to help others in any ways i can.

    my loan # is 172291379
    My Hope client ID: 16018969-1

  2. ruthanntraci says:

    After 1yr. 3 mo. I was told the investor decided that even if they lowered the payment, in five years I would still owe more than it was worth. Also when asked for a better answer on next phone conversation was told that I didn’t have the cash available to qualify. After going through Hope Alliance, Credit Org., Credit Sil., paying payments on seconds , no partial was ever allowed on the first? Told to sell the rental, so sign it, it is now vacant unable to make payment, they refuse to work with you, send nothing in writing and lose all the information that you send them, and all the while they are continuing to foreclosure, sale date on my residence is now Sept.17,2010 on rental property Oct. 2, 2010; on property I have owned for 5yrs. one I have owned for 10 yrs. both have 20% down an lots of upgrades, one is 50% upside down the other is 80% upside down, both were countrywide home loans, both loans being persued by Recon Trust, amazing Recon Trust financed the loan too begin with, guess they won the default contest, I am no longer fighting with them, far too stressful, there are no laws to protect anyone from not being able to pay their mortgage, no matter what the issue, death, illness, loss of job, loss of value, doesn’t matter; they win, and have you ever seen how long a class action lawsuit takes? People approaching retirement are screwed, so just change your lifestyle plans, and move on, you just might discover it isn’t worth the stress. loan number 125379014 also very bad person, own more than one home…….oops

  3. James Sicheneder says:

    If so many are experiencing the same problem (BofA/GMAC promising modifications and then without notice, auctioning off the property) as has happened to me, Mr. Williams, and obviously others; then why aren’t we being contacted by an attorney who wants a great legal case worth a fortune in a class action suit against “B of A and friends”?

  4. erin m. says:

    the same has been happening to my husband and i for approx. 2 yrs. all the lost paperwork and the promised modifications. when all along they having been working on the forclosure, if anyone knows how we can save our home. please email us, asap.
    thank you

  5. Dannielle Hernandez says:

    Bank of America just foreclosed on my home too! After months of trial payments, and getting the run around, and asking for information….I need help! I was just sent the three day eviction…and when I start this whole process…I wasn’t behind in my payments in March of 2010.

  6. ruth r. murray says:

    i would like to get in on the lawsuit against Bank of America.. i have been working with them since sept 09 in trying to get a loan modification.. i have sent in my paperwork 4 times allready, which keeps getting lost or is out of date because they are dragging their feet.. i have a lot of money invested in my home and really didn’t not expect to have a injury..happen in my family.. so that someone would be out of work for so long..

  7. camry says:

    can i possibly get in on the lawsuit as well I just never thought someone would stand up to them because many peopel have had the same issue but if one person is willing to stand up and say “hey no more” I am willing to join and provide what ever assistance is necessary.

  8. Carol Colello of Kentucky says:

    We would like to join as well……My husband and I have been going throught the same thing. BAC told us to start making ‘Good Faith’ payments Dec. 09 by the end of Jan. we were served by the Sheriff with forclosure papers. We have now made 10 ‘Good Faith’ payments….I have documention.

  9. I WOULD LIKE TO GET IN ON THE LAWSUIT AGAINST BANK OF AMERICA ALSO …… I RECENTLY LOST MY HOME MY HUSBAND HAD LOST HIS JOB AND WE FILED FOR A LOAN MODIFICATION. BANK OF AMERICA THEN TOLD US TO WRITE A HARDSHIP LETTER EXPLAINING THE SITUATION. WE TRIED AT LEAST FOUR TIMES TO GET HELP, WE WERE STILL MAKING PAYMENTS ON THE HOUSE WE WERE STILL BEHIND BUT STILL MAKING PAYMENTS . LIKE RUTH r.MURRAY SAID “THEY WERE DRAGGING THEIR FEET”. MY HUSBAND AND I LOVED OUR HOME AND WE INVESTED ALOT OF MONEY INTO IT. I DID NOT EXPECT FOR MY HUSBAND TO LOSE HIS JOB…SO IF YOU CAN PLEASE INCLUDE ME IN THIS, I WOULD REALLY LOVE TO OWN MY OWN HOUSE AGAIN, BUT SINCE THIS HAPPEN I FEEL LIKE I NEVER WILL……. THANK YOU SAMANTHA MARTINEZ

  10. Mary McHale says:

    I WOULD ALSO LIKE TO GET IN ON THE LAWSUIT AGAINST BANK OF AMERICA . THESE PEOPLE ARE SCUM. MY HUSBAND HAD KNEE REPLACEMENT SURGERY IN AUGUST OF 2008 , I GOT LAYED OFF , MY STEPSON PASSED AWAY IN NOV OF THE SAME YEAR AND WE HAD TO TAKE RESPONDABILITY OF THE FUNERAL BILL . WE WENT TO BOFA TO GET A LOAN MOD WE WOULD HALF TO FAX THEM PAPER WORK ON TOP OF PAPER WORK THAT THEY WOULD RECIEVE AND THEN LOSE IT . THEY WOULD TELL US ONE THING WHILE DOING SOMETHING ELSE BEHIND THE SCENES . THEY FORECLOSED ON US DECEMBER OF 2009 . ON MY HUSBAND CREDIT REPORT THEY STILL ARE SHOWING THAT WE ARE LIVING IN THE HOUSE AND NOT MAKING PAYMENT S. WANT TO SEE BOFA GET WHAT IS COMING TO THEM … MARY MCHALE

  11. tammie blunt says:

    hey i did not no tha it was so many people just like me out there going threw the same thing with bank of america we have going threw a mod for about 1 year and 5 month now now they ask you for the same paper work overe and over agan they loses your paper work and say they dont have it and one dept say they do have it but in the mean time you are giting fatrher behind in your note they want take a payment they say you have to wait until your loan is mod” well it’s a year and five month’s now so now they say they can;t modefity your loan like everyone here i got the run around too i keep up with my paper work they just reasonly sent us out a letter stating that were trying to contact us about the mod but that is a lie we fact in phone nub’s and cell nub’s they are so full of it people i’m tried of it but i want give up the fight we had to file bankrup to save our house is there anything we can do oh let remind you that befor we bought our home it took them 3 month’s to get the right deed to our home they had 3000 dollar’s of our earnest money tide up then they sold our note to countywide and we did not no it we sent our payment to wmc morg’ company and they call us and told us that they have not recieved a payment and we said yes we have made our payment and we sent it to our morg’ company wmc and then coutywide said that that payment was to come to them they id not send us anything stateding that it was to come to them until later i need help with this it is so messed up can anyone tell us what to do are were to start at thank you mrs blunt

  12. Ruth Auditore says:

    We would also like to join this lawsuit against Bank of America as well. We have experienced a lot of the same situations as the others on here. We have just finished making our 4th “trail payment” and still have no word as to when our payment modification will be complete. They seem to keep coming up with excuses as to why they don’t have it completed yet. I don’t want to be one of these who continues to make payments and then ends up losing my house anyways. They are taking payments and then still proceeding with foreclosures. This is called theft.

  13. Truth B. Told says:

    Ruth,

    I’d be proactive on your loan modification. I went through the very same thing, and what started to send warning flags to me was when I realized I was in your situation; I mistakenly believed the BoA reps when they said just continue with the payments. It wasn’t until months later, after I called them to clarify a request for more documents that they sent me a week before, that I found out that they denied my home loan modification; Bank of America never sent us any documentation about this. I went through an appeal process, but I ended up paying back the money the bank “saved” me during the trial payment period.

    Don’t believe their excuses or what one rep says–they all know nothing and will simply refer you to someone else who supposedly knows something; for all you know, your loan modification could be denied right now, and you would not know because BoA did not contact you about it. BoA is an unethical, unreliable, poor excuse of an institution. All the YouTube videos on this convey the same experiences everyone trying to do this is going through, and they are all the same story. I needed help, and the bank conned me into believing it would help me; don’t make the same mistake.

  14. Tom Briardy says:

    Same boat in Colorado. We have documented EVERYTHING!! We have had payments sit in limbo, we have found fraud in our mortgage, we have been lied to, ignored, baited and lied to again. BofA can’t provide proof of claim, etc. etc. I’m DONE with their game!!! We have the TRUTH on our side and we have one hell of a good case and all we need now is a damn good attorney and an honest Judge! We need a CLASS ACTION in Colorado to get the TRUTH on the table. Anyone, anyone?? Thanks, Tom

  15. Brenda says:

    Are there any Lawsuits being filed in Alabama that I can join? Thanks..

  16. Melody De Los Santos says:

    I have a home in SW Colorado I have experienced all of the above. I have had Bank of America do everything but their job. It is as if they are trying to set us up for failure. Sending documents with false dates or saying something has been sent that was never received, losing paperwork or over booking dates to force the sell of my home to miss closing TWICE!! How can I join a lawsuit??

  17. Julie Damron says:

    Amen…there is a God….Just found out that in the State of Missouri an Attorney has finally stepped up to the plate in a class-action against B of A…re: Susan Fraser VS B of A…Jury Trial Demanded in the Eastern Dist of Missouri…I have read all of these postings and am blown away….it all reads so much the same as my case…
    Bank of America took over $15 billion in fund from US Govt…and more in TARP funds with its acquisition of Merrill Lynch….My mortgage was originally with Countrywide….so you all know how long this has been going on for me….I have calls in to Michael Flannery atty at Carey Danis & Lowe (314)725-7700 to get onboard…no answer as of yet….They must be swamped….

    We need to STOP the downfall of America…it begins with “Bank of America” being held accountable!!

  18. Linda Rathbun says:

    I also would like to join in a lawsuit against Bank of America, I have been in trial modification review for 14 months
    I have had to stave off 8 auction sales by calling the AG, Congressmen and Senators. They stop it temporarily but BOA just starts again. Now I am working with the HOPE team. I am so very discouraged and my credit is completely destroyed so I cannot do a thing. BOA has completely destroyed my life. I am so upset, the DR said I have PTS from all of the threats of sale. I need to join a lawsuit–this is just fraud and theft!

  19. Lisa R says:

    I live in Georgia and like so many others I to have been victimized by Bank Of America and would like to know how I can be a part of any class action lawsuit that is being filed against them. I am a widow the mortgage is still in my husband’s name the house is in both of our names. They told me that I should get my payment modified then assume the loan. So that is what I tried to do. In good faith I trusted them but Never Trust BOA! They took billions of government money “to help people save their homes” They raise your house payment, prolong the home modification process after months of them giving excuses as to why nothing has been done yet then you hear *you don’t make enough to have your payments lowered* you did not qualify* in two days your home will be sold Thank you. I am a widow and I have lived in my home for 20 years my children grew up here and my husband died here… ((I am not sure how they sleep at night)) ** I Would Like To Join In The Class Action Lawsuit **

  20. Renee T says:

    I would love to get in on this too. I have made my payments and have been sent many letter to BAC and they are sending me to forcloser. I stoped payments on 7/1/2010 and they clam I stoped in 2009. I can’t believe any of this is happening in the USA.
    Didn’t we bail out the banks? Ok so we bail out the banks and the banks kick us out of our homes? Please let me in I am so upset with what is happening.

  21. Margaret says:

    If there is a lawsuit, count me in!!! My story is pretty much the same… they strung us along and along, making us think they were doing the loan mod & at the last minute, said we made too much money. Since they acquired our loan, our pmt has changed so often (they say due to escrow) that I never know from one month to next what it will be. We started out in the hole with them because our prev lender did not require wind/hail ins, but BOA does. I tried to argue with them that they could not change terms of loan they acquired, but of course they pointed out a tiny loophole,so the wind & hail policy is about $1100. a year! I was a Mtg Banker for over 15 years & I get so frustrated with them at times, I just have to get off the phone because if I hear it’s been “escalated” one more time, I will scream!!!

  22. R Hahn says:

    You must realize the BofA and others like Wells Fargo WANT to forclose on your properties. It is a con game scheme no matter what they tell you.. Writing multiple letters, losing paperwork, etc. it is a ploy to drag it on long enough where they can forclose, especially if you have some equity, they will go out of their way to forclose. They can take that money and invest in Gold and other higher profit, less risk investments. It is true – think about it. They are driven by greed and making the most money they can for their shareholders and themselves and mortgages in a slack economy is not where it is at. I was victimized too but did some serious investigation. Sad, and you wonder why our country is in such bad shape.

  23. S Sims says:

    What can we as home owners due? I sent them my paperwork in August 2010 on a modification to stop my home going into forcloser. On Monday March 7, 2011 I received a letter about forcloseing my home. When I called them and asked about my modification paperwork. They said it is on file but hasn’t been looked at. What can I do? I don’t think this is right that they play with your emotions. Is there a lawsuit?

  24. Mary Longaker says:

    We have experienced the same thing these other people had. We have been working with Bank of America for about 18 months. Always hoping and praying. I sent the Qualified written request in early January. They fed-exed a letter they had sent Feb 1st stating that they needed more time to complete and then bam they are selling our home next Monday (March21st) This is our home and next to family farm. We take care of our elderly parents next door.We jsut want to stop the foreclosure. Any ideas? We live in Missouri east of Kansas City.Thankyou.
    Mary Longaker

  25. Jessica Warren says:

    Bank of America is in the process of doing the same thing to us. We started our appliciation in October of 2010 and every week they continue to ask us to fax out documents, that we have already faxed. It is the same paperwork everytime. We recieved a sale date of our home this week also. We I confronted “my” representative he stated it is the underwriters and if you are approved the sale will not take place. If is the big question, I am starting to wonder if they are prolonging this because they would like to sell my home.

  26. Heidi says:

    We too have faxed all paperwork and it took them a year after multiple faxings to deny us. They tended to loose our paperwork and keep asking for the same copies. We received a Foreclosure notice 3 days after the Modification was denied. Isn’t that nice. They sure can get that out quick. We can sue this company. Use sue easy.com and get together to file a class action suit!

  27. leeanne says:

    i really hate hate dealing with B of A they lies all the time. I cant trust them. I keep faxing over paperwork over and over and over. It took us two years then they sent us final papers with notary signature and sent back on time and they sent back saying notary did not put down the day so we had to hurry and got correct notary signature and sent back and it was two days late after expiration date. I tried to persuade them to reinstate because we were waiting for 2 years. They said we have to apply all over again and said they can process foreclosure even if we apply again we still face foreclosure. It really upset us very much. We never miss a payment!! We did everything they asked us to. They told us not to pay more than trial modication mortgage amount because they want us in deeper default so they can get our house.

  28. Angie s says:

    I would like to know what attorney is handling this class action lawsuit against B of A? I would love to join in this class action lawsuit they bought my loan from another bank and every since then it’s been a nightmare it came down to the point I had too lawyering up I’m was glad I had the funds to hire an attorney but I hear and see hard working people fall victim too these banks who sale and sale too mortages and people end up in forecloser cause the banks won’t get off ther butts and help as I read the story’s on here I makes me mad because there all bout the same the lies and how they mislead you well people like us née to take a stand and the more people we get the stronger we came fight this together what makes me the madest B of A got bail out money on tax payer dollars and yet seem to still screw things up it’s like they got this money hav CEOs bonuses and in my eyes if they would of put that in tax payers hands your house would of been paid for makes me sick and couple weeks ago 60 minutes had a segment on banks do shady things just too cover ther butts and my question is why hasn’t anyone been arrested? It’s tine to tak a stand and fight back anyone who could help me find out which attorney doing this law suit would be greatly appreciated

  29. Raymond says:

    After refi my home with countrywide,I became diabled, my wife passed away @ 45 years old, I have managed to stay in my home and raise my two children to the age of 18 yrs. It has been a long strugle with BAC home loans. In the last few years I have repetedly been denied a modification,and now am set o have the home auctioned off within two weeks. They have never produced a note, this was suposed to go to arbitration b-4 court, that didn’t happen either. There is a forgery on the electronic records they did provide,it’s undeer investigation with the secretary of states office, I have recorded several lies and several missinformations given to me over the phone by the representitives of BAC. none of this seems to be enough to stop the forcloseure, the judge is’t allowed to hear these facts at the hearing to object to the sale. please help.

  30. P Oliver says:

    I too would like to join the classaction law suit against B of A they too has foreclose on my home using a illegal mortgage Note for a loan I never sign or agreed too and when I ask for a copy of the notary book to show proof I was present they would not talk too me and claim I never called to communciate to them. I got nothing but run arounds and lies from them and I have been fighting for over a year for my home.

  31. Tina says:

    I am interested in a law suit again BAC as well! My story is a little different – I had to read in the paper that my home was in forecloser. Never received a late notice, phone call, certified letter or anything. I didnt even have a clue that my loan was behind. I tried to review my payment ledger that I requested from them but their ledgers are so confusing you can not follow it. Every rep I spoke with gave me different information – bottom line I paid wait all the legal fees etc to keep my house. They said I was three months behind bottom line I found out recently that since my husband always paid more than our house payment amount they were putting my money in a partial credit account instead of applying to my loan they had so much in another account it was more than enough to pay a house payment – yet they were trying to foreclose & added alot of extra fees to my loan! They are a major fradulent company and I am not sure why they are getting away with this – HELP!

  32. carol says:

    THERE BETTER BE PRISON TERMS HANDED OUT FOR ALL THIS FING CRIMINAL FRAUD COMMITTED BY BANKSTERS, ATTORNEY’S AND ROBO SIGNERS!

    WHAT A FING DISGRACE – GREED SUCH AS THIS DESERVES LONG PRISON TERMS – NOT IN CONCRETE BLDGS BUT TENTS , STRIPED SUITS AND CHAINED BY THE LEGS

  33. Brian says:

    I would like to get on that law suit against Band Of America. I have been strung along for 16 months and now told they can’t help me. Almost half my income left when my ex left yet they can’t help me.

  34. Rod says:

    Bank of America is trying to do this to me also and i am looking for a lawyer to take on a simmilar case

  35. janet says:

    we have tried to remodify our not for over 2 yrs. husband got terminally ill and lost alot of income we have 3 small kids anmd shjowed them prove with modification we could make a payment with lower interest than 7.5%. they remodifed in de., 2008 from $ 1044 to $1024 ha ha, and they said we had to make 12 payments in a row before they could remodify again,. although they keep telling us over and over we can appeal this decision. which we have many times in the last 2 yrs. my husband is terminally ill and we just want to save our hoime and he can no longer handle this stress although he cannot seem to walk away. our forclosure date was for may 24 2011 and they have reschedules it for june 17, 2011. they want us to turn over the deed but with that they want bank statemnts poroof of income ect… TO TURN THE DEED BACK TO THEM. . i have never in my life seem so many complaints against 1 bank. out of about 60 banks they have 420 complaints the next one is 170. this is how bad bank of america is. i literally had 1 lady tell if we could not afford the home we needed to pack our things and move out, and she was not nice about it. i hope this bank loses their you know what.

  36. rich says:

    Me too, 14 months and then denied for a mort. mod. lost paperwork, couldnt tell me the status, call you back let me see. All crap and lies…

  37. BOA lawsuit says:

    i have read the same question but no answers. CAN SOMEONE PLEASE LINK UP A CURRENT CLASS ACTION AGAINST BOA? OR,,, if you know how link up a lawyer who will help start a lawsuit in massachusetts. Too much talk, and not enough action against BOA. my BS started in 10/2009.
    Ten people winning a quick lawsuit will guarrantee BOA stops their current practice of stealing the homes of hard working individuals who have come accross hard times.
    feel free to email.. rcbusiness@aol.com

  38. sbh38366 says:

    I’m reading our story a million times over here, except that ours started when BOA fraudulently withdrew funds from our bank account (they accidentally withdrew a payment on 2/3 instead of 3/2) and got my husband, who worked at the bank, fired bc of overdraft over $1000. Anyone know if there has been anything filed in the state of TN?

  39. Carol says:

    I went the the BOA MHO program and was accepted. I have made all payments within the modification and have abided to all rules. Now the BOA is trying to take the MHO away from me on a technicality that my ex-spouse did not sign the contract, even though it is specifically spelled out in the contract that he did not need to sign. I had two attorneys look at the contract and they both said that it was clear stated. They sent me to talk to a state representative, and congressman. I have spoken with BOA many, many times and they keep giving me one more thing to do assuring me that that will fix the problem, only to have it not fixed and them threatening to foreclose. I need help and want to keep my home.

  40. BA says:

    What a nightmare! My foreclosure hit today. I am in my 50′s and its just my beautiful bride and I.
    Been in MY home a little over 10 years. Lost income of 27k a year in 2008.
    After a year in and out of bankruptcy, sending documentation 6 times for modification, and no one knowing which end is up, and not having the information. I finally hired a firm to handle the modification after the first year, they ran into the same problems for 2 YEARS!!!! No one had the documentation, after faxing what the asked for numerous times.
    No one could help.
    I would like sue the ever living snot out of BOA. I want to keep my home.
    I am living like a minimalist which I was doing when the bottom dropped out.
    I am going to squat till I get the news channel out here, and make a big scene out of it.
    The house will be empty in preparation. I will sleep on a air mattress, have a tv, minimum clothes, and eat take out. Selling most everything and keeping what I need in a neighbors name in storage.
    I will maintain utilities, and collect my mail here.
    What my atty told me it will take them 6 or more months to oust me.
    I have started liquidation of all my assets, and possessions and will file chapter 7 in there some where which will delay them even more. I will thumb my nose at the arrears they will be suing me for.
    You can’t beat the man, but you can fight, it may be a losing battle in the end.
    I will not take it laying down. I will be losing about $50k in equity, and $20k in closing costs.
    This is my retirement home, I wanted to spend the rest of my life here.
    My finances are ruined forever, I will never own another home.

    Thanks a million Bank of America, you blood sucking maggots!
    I am coming after you with both guns, and the whole 9 yards!

    Thanks and God Bless!

  41. How would I get on board with the lawsuit for BA

    BA took my property, it was in forclosure.But I knew something was’nt right. Because they kept stalling on the sale and every time I would call to discuss the information of my short sell,they refused every offer, and then replied that the house still belong to me and there was some problems with my paperwork. But weeks later they forclosed on my property anyway. Is there an attorney in NY that I can contact that can look into this for me. I would appreciate it.

    Thanks

  42. David Weithman says:

    I recently lost my home to foreclosure because Bank of America first denied my loan modification and then slowed the paperwork for my deed in lieu until the foreclosure went through. I would very much like to be part of a class action suit against Bank of America. Thank you