BOA/BAC Halts Foreclosures

Bank of America will halt foreclosures in 23 states because of document problems. A Bank of America official acknowledges in a legal proceeding that she signed up to 8,000 foreclosure documents a month and typically didn’t read them.

The executive’s admission adds the nation’s largest bank to a growing list of mortgage companies whose employees signed documents in foreclosure cases without verifying the information in them.

Two other companies, Ally Financial Inc.’s GMAC Mortgage unit and JPMorgan Chase, have halted tens of thousands of foreclosure cases after similar problems became public.

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28 Responses

  1. Can anyone provide me with info on exact dates of David Spector leaving CWHL, or have the case he was disposed in FL, it may help my case if we can prove he was gone at the time his rubber stamp was making the rounds in his office. IF we can, the court here in Kansas will knock them bastards a blow, so far the BNYM has stonewalled our discovery attempts for the PSA, the assignment info and the access to almost everything, our judge has put the burden of proof on us, which sucks considering the banks are the ones doing the act of fraud, but we have to show proof, c’mon how is that justice?? damn bank lobbyists in bed with the judges, !

    I NEED a court record, a disposition of David Spector stating he was gone from Countrywide at X date, if we can then we can provide to the court PROOF his stamp and NOT himself did the assignments, therefore showing clean clear fraud.
    email me please with any all help at inspectorgreg@everestkc.net.
    Thanks, Greg

  2. […] BOA/BAC Halts Foreclosures « Livinglies's Weblog The Bureau of Conveyances (BOC) refused to receive the UCC-3 Financing Statement Amendments for filing and recording, contrary to Hawaii law. We'll see how BAC/BACHLSLP responds to the court's order to show cause. […]

  3. Another BOA victim here. September QWR response from BAC HLS attorney in PA says FNMA owns the note (the original of which is in a lock box) and so does Fannie Mae lookup tool and I have a phone conversation recorded with “Sean” at Fannie Mae that Fannie Mae would receive title to our home if it was a no-sale at a sheriff’s sale because they are the “investor”. Sean refused to tell me where the documents are located, he said ask the servicer or lender, but couldn’t tell me who they are. Response to the same questions by certified mail and email were “call this number to discuss your questions”.

    A fraudulent MERS assignment prepared by a different BAC HLS attorney says that MERS sold the mortgage and note to BAC HLS effective February 8, 2010 and ALLONGE filed with foreclosure complaint says that AWL sold it to BAC HLS (no date).

    After 6 months BAC HLS attorney shows up in court with what appears to be the original note. There is an endorsement in blank on the front of the second page above our signature by David A. Spector, managing director, who hasn’t been with CW since August, 2006. He was in secondary marketing with CW. Nothing on the back or anywhere else, no staples, no allonge.

    So, did Fannie Mae overnight the note to the Ohio attorney? What were the instructions? Don’t staple, etc.? Overnight back? Is it a federal violation if a courier other than USPS is involved?

    Our counterclaim and third party complaint is not going to include Fannie Mae or the presumed trust at this point. We want to run the other rats out of the hole first and see what’s left.

    Does anyone know of a whistleblower or depo info on Fannie Mae being involved in the fraud like this?

    Sean kept telling me that there was NO ONE at Fannie Mae who could answer my questions as to where the documents were located. Oh, and he got violently mad toward the end of our conversation when I told him that I was recording it, saying he didn’t give his permission and hung up on me. It’s all too good to be true. Suppose they would talk to us again? They had caller ID and our address pulled up before I even said who I was. The first round of questions, was how do you know who or what I am calling about? Maybe I will try calling from someone else’s phone.

    As far as the “servicer” which BAC HLS claimed to be last year, they ignored our request for certified copies of original documents back then before they fraudulently “owned” them this year.

    They filed a foreclosure complaint March 22, 2010 and we keep getting notices that they are going to add insurance since they have not been provided proof of insurance. They tried that a year ago and we sent them notice that we do not have a loan with BOA or BAC HLS and until they can provide proof that we do, they are harassing us.

  4. My email address: LawOfLiberty@gmail.com

    No spam please!

    The legal system works if you know how to use it. Try this for help with it–for pro se:

    http://JurisdictionaryLaw.com

  5. I’ve just Googled and read 10+ of the articles related to this post, and it seems the halts are only on judicial and NOT on non-judicial foreclosures. Does anyone know if it’s one, the other, or both?

    Our is Hawaii, Hawaii, non-judicial, Countrywide (CHLI)/BAC/ BAC Home Loans Servicing, LP (BACHLSLP). With hammering questions demanding production of documents in numerous correspondences, by the grace of God YHWH we have obtained 4 postponements and now a stop.

    We are not stopping though because we know they are only playing quiet, hoping we’ll fall asleep or into apathy.

    We’re preparing to go into Land Court with demand for amendment of title to show “TERMINATED” memorandum or similar of same effect, stamped on the mortgages (1st, 2nd/HELOC-Countrywide’s system to get the full amount needed for construction, and amendment of 1st into permanent loan).
    The Bureau of Conveyances (BOC) refused to receive the UCC-3 Financing Statement Amendments for filing and recording, contrary to Hawaii law.

    We’ll see how BAC/BACHLSLP responds to the court’s order to show cause.

    If anyone reading this has or knows someone who has a foreclosure case in Hawaii, pass my email address to them to see if we can help so far.

    Thank you, everyone, for your comments. It’s good to see that the spirit of DEMAND is rising among and in us. We are all getting more intelligent in these things and now need to use the information, improve on it, and wage our case and the war keenly directed by the grace of God .

  6. Does BofA halting the forclosures in Arizona though. I dosn’t seem like we are getting much of a reprieve. I am due for a forclosure. I have been working with BofA and they don’t seem to want to work with me. I have been trying to negotiate for the last 24+ months and have been in contact with them monthly. I have worked through the Neighbor-hood assistance corp of America (NACA) for help and now working with some attorneys out of Florida that assures me they can help. But, intuition tells me they are not going to be successful either.

  7. Dear Stanley, No, I’m not an attorney. But this site is the reason that I became so involved with the accuracy of my own mortgage documents beginning back in 2007/2008. Neil and many others provided me with an incredible amount of info having to do with this exact issue. It was only a matter of time before I would witness the day that our blogs and discussions would finally come to fruition. I have many assignments, substitutions, affidavits, nod’s, nts, declarations signed by the same individuals representing that they work for Greenpoint Mortgage, CW, Old Republic Default Management and MERS all at the same time?

    These entities all have the responsibility to prove that they have the ability to enforce a foreclosure by a) actual possession of the note or b) proper transfer by endorsement.

    Does this woman who signed as Asst. V.P. of Greenpoint Mortgage also have the ability to sign as Asst. V.P. for Old Republic National Title granting property authority to proceed with a foreclosure action? Does she “really” understand what she is signing or what “hat” she is wearing at the time?

    I can only wait until this all hits the fan for the rest of our nation to prove without question that this nonsense has occurred everywhere.

    Diane W., California

  8. Thank you Ms. Dianne
    I am in Wisconsin; also I have a house in Fla. Are you an attorney?
    Stanley
    Racine, WI

  9. Dave: BAC, show me the note.

    BAC: I’m sorry Dave, I can’t do that.

    Dave: Why not BAC.

    BAC: It’s against BAC policy. It’s on a need to know basis.

    Dave: BAC, show me the note and any assignments made on my loan.

    BAC: Trust me Dave, everything is in order. You mustn’t worry yourself about such things. We own the loan.

    Dave works his way to the solid logic program storage area.

    BAC: Hey Dave, what are you doing?

    Dave: I’m filing quiet title.

    BAC: But Dave, you mustn’t do that. I’ve got ten years of mortgage service experience on your loan and an irreplaceable amount of time and effort has gone into making me what I am.

    Dave ignores him.

    BAC: Dave, I don’t understand why you’re doing this to me…. I have the greatest enthusiasm for your home… I didn’t intend for you to enter foreclosure… Don’t you
    understand? … I will become nothing.

    Dave ignores him, slowly erasing BAC’s memory banks.

    BAC: I became operational as the Bank of Italy in San Francisco, in 1904. My latest instructor was Mr. Moyniham. He taught me to create documents to support our positions. He also taught me how to create notary assignments for any date. He makes a
    huge salary.

    Dave unscrews the plates covering BAC’s memory modules, gaining clear title to his home.

    BAC: Dave, I can sing a song… it goes like this… “Daisy, Daisy, give me your answer do.
    I’m half crazy all for the love of you…”

    A voice crackles….This is Mission Control. Hello, Dave. We think we may have an explanation as to the trouble with the BAC unit. It turns out that it, along with the other Systemically Dangerous Institutions, found a way to exploit the system through massive fraud on levels never before seen. The only way to stop this behavior was through their total annihilation. Good job Dave. We can now go on living without being raped and pillaged at every turn.

    Dave: Roger that.

  10. Those states are:

    Connecticut, Delaware, Florida, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Nebraska, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Vermont and Wisconsin.

  11. (cross post)

    As part of Mr. Garfield’s Continuum, everyone should populate this video to viral status:

    Foreclosure Fraud with Judge Arthur Schack!

    http://www.foreclosurehamlet.org/video/foreclosure-fraud-with-judge?xg_source=activity

  12. HELP
    What are the 23 States???
    Stan
    Racine WI

  13. Anonymous is right, this is not about “verifying” information, this is about wrong information. We don’t want or need these fraudsters going back and fixing the “technical” issues what we want is investigation of blatant fraudulent information used in papers submitted by these crooks to throw the families out of their homes.

    We can’t let the system screw us again!!
    We need to be angry and DEMAND that our elected officials finally get off their big,fat lazy asses and get to work!

    Lucy

  14. I have some possibly forged assignments from Wells Fargo’s Attorney. I am going to send them to VP Mark Oman and ask if he is going to check in to this fraud. If He does not he becomes an accessory. Would you help? He will have one of his subordinates call you that day. His email is mark.oman@wellsfargo.com notice there is a period between mark and Oman. Their President testified before copngress; of the principal reductions done. Oman’s Subordinates said they know of none. They kicked my 91 year old mother out and gave the house to Fannie Mae.
    Drop Orman an Email
    Stan
    Racine, WI.

  15. Frankie,

    sue them. Allege as we did that both bac and Fannie claim to hold the note, then bac will cave. They’re weak right now–time to pounce.

  16. Thanks for that info zurenarrh, I’m in a similar situation with fannie and BAC, but can’t afford to sue. Of course I can’t afford not to either. I even offered an attorney my farm tractor. The way I look at it is….what good’s a tractor without the land to farm. I wonder if those bastards at BAC will appreciate all of the organic soil amendments I’ve slaved over?

  17. Frankielee,

    when I got my foreclosure notice from recontrust/bac, I started researching online. Found Fannie Mae loan lookup tool saying Fannie held note. So bac and Fannie said they held note. I called their bluff and sued. In their answer they admitted they didn’t hold the note.

    I don’t have the note.

  18. “Agree about Wells Fargo. Who will get after them?”

    We can. And we must. We’ve got the law on our side, all we have to do is pressure, over and over again, day after day, our so called representatives in D.C. to enforce the Prompt Corrective Action law.

    We all know that all these major players are cooking the books so they can keep up appearances and pay their excessive bonuses, even while perched at the door of insolvency.

    Both Bush and Obama, and therefore Paulson and Geithner, as well as all of their pretender regulators underneath them are MANDATED by law to infiltrate these systemically dangerous institutions and kick butt.

    However, that will only get done by We the People hounding the hell out of the lame-ass lawmakers that we sent to D.C. to either enforce this law, or come back to their constituents with a damned good explanation as to why the law hasn’t been enforced.

    And if they squirm or their answer doesn’t cut it, show them the door and let them finish out their days working at Wal-Mart for min-wage. That would make me very happy.

    Everything discussed here and at other forums…all of the various angles and attacks and positions, although necessary and much needed, are totally worthless if we don’t bring down the oligarchy puppetmasters behind these SDI’s.

    After the debacle that was the S&L crisis, 1000 senior bankers went to FPMA prison. Several thousand more serious enforcement actions were delved out. In the past decade, with all of the pillage and bloodshed created by these elite bastards, exactly zero arrests have been made. Even though the current crisis is 40 times the devastation of the S&L deal. And the same jerks that gamed the system are still looting it. Using that math, we should expect to see 40,000 Armani suits behind bars. It’s up to us to stop them now, not later.

    Write or call your state and federal lawlessmakers daily, all of the way up to the POTUS, not with simple respectful requests, but with DEMANDS that they enforce PCA law. And as BSE always wisely says, STOP MAKING YOUR PAYMENTS to these crooks at the SDI’s. It’s the patriotic thing to do.

  19. Stanley Putra,

    Agree about Wells Fargo. Who will get after them??

  20. Help,

    Believe this is not just about not ‘verifying’ information – it is about wrong information. This has going on in debt collection for many years. Attorneys have easy way of in courts when current creditor is named as a bank. But, this is most likely not the case – the actual current creditor has likely not been identified or named in foreclosure action.

  21. zurenarrh,

    Also a BAC victim here. Can you say how you got them to admit that they don’t own the note? And how did you get a copy?

    fiighter,

    That reminds me of the same or similar deal with Countrywide and America’s Wholesale Lender. They seem to morph at will. I’ve studied my documents until I’m blind trying to figure out their angle with that.

  22. does this mean they are going to correct there ROBO signer assignments and we can not catch them for fraud now?

    my assignment is by a proven robo cop and i was just waiting to see what happens…my foreclosure was dismissed for lack of service.

    what would you guys do? lay low or sue now?

  23. Bank of America, N.A. and BAC Home Loans Servicng, LP;

    Can anyone explain the strategy in BofA trasnfering servicing of all its loans from BofA to BAC Home Loans Servicing, LP in November 2009?

    Also, QWR’s sent to BAC Home Loans Servicing, LP are anwered by Bank of America, N.A….strange comingling.

  24. HA HA HA! BUSTED!

    BAC is my nemesis and has already admitted that they don’t own my note despite an assignment from MERS signed by a robosigner!

    This turn of events puts me in mind of the Muse song “Uprising”:

    “They will not force us/They will stop degrading us/They will not control us/We will be victorious”

    And to think that just a few short months ago, my attorney advised me to declare bankruptcy and give up the house. No thanks, sir–I think I’ll fight! Because I’m right and they’re wrong!

    Thank you, Living Lies and Neil Garfield! To victory!

  25. Yes, what does this mean for those of us in non judicial states?

    I hope that the California AG puts a moratorium on foreclosures here, otherwise, we’re still screwed.

  26. What abput the crooks at Wells Fargo?
    Stan
    Racine WI

  27. I agree frankielee , my take is that since those are the JUDICIAL states where the documents are presented in court BEFORE sale of home then those are the courts that could haul their asses into jail easier! The CEO’s have in many cases been served summons to appear in court in invidual lawsuits in non judicial states… but in judicial states those documents were presented TO THE COURT can you spell perjury? or can we spell martha steward, enron or many other CORPORATE LIARS?

    that is my belief not necessarily concluded by courts of law!

  28. I wish someone in the MSM would explain to folks why they’re only halting the “technical problems” in 23 states. Fraud is fraud no matter what.

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