Fraudclosure Accord Said to Ensure Same Terms for All 50 States
Bank of America Impeding Investigation of its Loan Mod Practices by Negotiating Secret Settlements with Borrowers Who Must Agree Not to Criticize the Bank
- State of Arizona vs. Countrywide, Bank of America, et al – Office of Attorney General Terry Goddard Charges Bank of America with Mortgage Fraud
- BofA Lawsuit to Stay in State Court | State of Arizona vs. Countrywide, Bank of America, et al
- State of Nevada vs Bank of America – Nevada Attorney General Sues Bank of America for Deceiving Homeowners
Bank of America Does the Wright Thing – DOERS Did It Again. JOIN US, BE A DOER!
On Monday at 5:00 PM, as I was running to catch a flight to Phoenix to work with a state senator on a piece of legislation I’ll be announcing soon, I posted a DOER ALERT titled: “Dear Bank of America,” about an octogenarian by the name of Dale Wright. He had been trying to get his loan modified for a couple of years… been turned down… reapplied, and was told he was under consideration as recently as December 23, 2011… and then Bank of America sold his home on January 3, 2012. Mr. Wright found out when an investor showed up at his door saying that he would understand it he needed more than THREE DAYS to get out.
By mid-day on Tuesday, Bank of America had responded to say they were looking into it… and by 4:30 PM that same day Bank of America DID THE WRIGHT THING, and gave Mr. Dale Wright his home back… from a bonafide third party purchaser. BofA has also notified me to assure me that the bank is also modifying the loan, and I’ll be talking with them tomorrow to get details, among other things.
The point is that there should be no question that my DOERS are very effective, and likewise there shouldn’t be any question as to why that’s the case. In our democracy, there’s only one thing more important than money and that’s getting reelected. If our elected officials understand that they are at risk of being voted out of office… they react. Their loyalties to banking lobbyists dissipate quickly when they realize that no amount of money will overcome the will of the people. We used to understand this to be the case.
In 1954, Brown v. The Board of Education didn’t end segregation. It took ten years and hundreds of thousands of people marching in the streets before President Johnson signed the Civil Rights Acts of 1964-65.
In 1971, President Nixon saw from his White House windows, tens of thousands of people protesting the war in Viet Nam and became paranoid that he would lose the election in 1972. It drove those around him to break into the Democratic headquarters and led to the Watergate scandal… even though he won reelection in 1972 by a landslide.
And more recently, in 2009, news of AIG bonuses totaling $160 million and a corporate retreat at the St. Regis luxury resort in Southern California, caused people to take to the streets, outraged that a company recently bailed out by the taxpayers would be allowed to pay out what appeared to be extravagant bonuses. Within two weeks the House of Representatives authored and passed a bill that would have placed a 90 percent tax on those and other bonuses. It was killed in the senate, of course, but that’s not the point. The point is that our elected representatives can move quickly… if they are properly motivated.
We’ve got over a thousand DOERS… and we’ve saved 6 out of 6 homes, all of which were about to be sold within days or already sold as was the case with Mr. Dale Wright. (6 out of 6 is NOT a coincidence, by the way.) But, if you really want to stop the foreclosure crisis…
We’ll need at least 100x that number…
To become a DOER you only need to DO 3-4 things and they’re all easy:
- Click here to SUBSCRIBE to Mandelman Matters. That’s the only way you’ll get an email whenever there’s a new post and when you see “DOER ALERT” in the headline, you know it’s time to DO something that will matter.
- Send an email to me at mandelman@mac.com. Just type: I’m a DOER or something close in the subject line. I’ll add you to the database of DOER emails. When we want the element of surprise I won’t post it, I’ll email you the plan.
- Actually check your email from Mandelman Matters or from mandelman@mac.com and when you see the words DOER ALERT, open it and read it right away or certainly ASAP. Not the next day… that day. Then, assuming you want to help make a difference, read it and send an email to the CEO’s email while I always list at the bottom of the DOER Alert. Of course, the more thoughtful the email the better, but it doesn’t have to be a long email if you’re pressed for time. Just a few sentences is just fine and dandy.
- Help recruit other DOERS. Send others links to articles on Mandelman Matters and tell them you’re DOING it and it’s working.
That’s all there is to it, and all I’m asking for is a four month commitment. After that, if you agree that it’s worth DOING, then give me another four months. The more DOERS we have the larger the problem we can tackle.
Consider this… right now there’s all this controversy over the 50 state AG settlement. A few days ago many people thought the deal was about to be announced and people were very upset. Well, if we had 100,000 DOERS now, we could stop that deal from getting done for sure.
Just think of being a DOER as being a way to “occupy” without leaving your home, sleeping on the ground, getting arrested and sprayed with pepper spray. It’s also more effective than doing those things. I’m not saying you shouldn’t do them, but I’m telling you that DOERS can stop this mess in its tracks this year or next.
I have to be honest about something…
There are two things that really bother me. One is that we only have a thousand DOERS. That means that thousands of people are reading and not signing up as DOERS. How can that be? Hopefully it’s because Im haven’t promoted it well, which is something that’s going to change. But, if its not that… if you’re reading my column and not signing up and subscribing so you can join forces with the rest of us… why the heck not?
How can you not want to help save someone’s home or influence the state legislature, or make congress in Washington D.C. take notice and hear our voice? I really don’t understand… so please… if you’re not going to DO it, please at least let me know. Maybe you have a good reason that I’m not thinking of, in which case fair enough. But if you don’t, why wouldn’t you DO this? How can you not DO this?
And two… if you’re a DOER and you didn’t send an email this last time around… and please don’t tell me you didn’t have time to send a 3 line email because if I had time to write it, you could send an email about it. I missed my flight to write about Mr. Wright by the way. Had to drive all the way back home, then worked until 2:00 AM and then back to the airport the following morning. And you didn’t have 5 minutes? Come on…
Not only that, but how could you let down your fellow DOERS… to say nothing of Mr. Wright? What if BofA hadn’t done what they did, and Mr. Wright had lost his home? And you didn’t send an email as you promised by being a DOER. I’m serious about this… I couldn’t DO that and sleep at night. Your email can be the one that matters. But you were too busy… so now at 82 years old, a veteran loses his home… and you let down your fellow DOERS? Not cool, people. Really, not cool.
Time Matters… A Lot.
DO you not see that we are losing this war… because we definitely are. More than 3,000 evictions a day, seven days a week. Foreclosures not slowing a bit. And interest rates are still low. What’s going to happen when they are six percent or even higher?
And this is an election year… this is when politicians are the most concerned with reelection. We have to act and it must be now. Period. We’re doing the wave and we need you and everyone else or it doesn’t look like a wave. And even though it’s just begun, it’s unquestionably working. What else is working even half that consistently… NOTHING, I’m sorry to say.
Sample emails from a few DOERS to Bank of America this last time around…
Some of the emails received by the bank show just how deeply offended Americans are by what’s being allowed to go on… I’ve excerpted a few paragraphs as examples… they are all addressed to Mr. Brian Moynihan, CEO, Bank of America…
“It seems more and more these days your Bank and the rest of the Banks that are involved in Mortgage backed secured investments are reaching criminal status
What has just happened to Mr Wright in Cloverdale, CA should at least bring a long jail sentence to your door. I am sending out as many e-mails as I have contacts and then I am going on every blog site I can find and pass this article to them as well. Then I am writing my congressman and then the Attorney General !!!!!”
###
“As if we needed any more proof that servicers have no clue who owns the loans or how to properly service them, now we have the nincompoops who worked on Mr. Wright’s foreclosure to illustrate the depths of BOA’s incompetence. This one will stick in everyone’s mind because an old man is being thrown out of his house after BOA repeatedly “lost” the papers or “misidentified” the investor in a series of memorably unfortunate events.
I work a lot of real estate buyers and if this mistake isn’t rectified immediately then I’m telling all of them about elderly Mr. Wright and cautioning them to stay away from BOA mortgages from Wednesday until I retire in 20 years. Hope we’re able to do business again in the next two decades Brian, but remember there’s lots of other lenders out there and I can’t recommend BOA with this kind of crap going down.”
###
“I have read the story about Bank of America’s foreclosure sale on January 3, 2012 of the home of Mr. Dale Wright of Cloverdale, California. He is an 82 year old Veteran and a widower. Your bank refused to convert his HAMP trial payment plan because of a false claim that he had failed to send you in IRS Form 4506-T. This was a false claim. Even if it wasn’t, for the lack of such a minor document, no institution with any moral sense would have allowed that to be a basis to proceed to take away this man’s home. The action of Bank of America feeds the public view of your institution as one which has no corporate responsibility or conscience.
I was recently told by Bank of America’s Maine Market President how Bank of America has improved its practices. How can anyone believe that when a story such as Mr. Wright’s is exposed.
Bank of America’s abuse of America’s homeowners has simply got to stop. Would you please act like a responsible executive of one of America’s largest financial institutions and intervene in this case by telling your people to do what ever it takes to get the title to Mr. Wrights back into his hands, to give him the HAMP permanent modification to which he is entitled, and to compensate him for the enormous emotional distress that your bank has caused him to suffer.
It would be unconscionable for you to fail to do this at once.”
###
“I’m not sure how much more egregious you can possibly get than to sell a home out from under an 82 year old veteran after 1) approving him for a modification and 2) admitting that after you screwed up the first time since he was making his payments and then 3) while he was “under consideration” a second time as recently as December 23, 2011 you sold his home?
And then you BLAMED WELLS FARGO?
It would behoove you to immediately rectify this situation with Mr. Wright. Make it right! I don’t really care how you do it, but to turn his home over to a “home flipper” when he not only qualified for a modification but was approved for one and made his payments on time is beyond disgusting.
I’m only e-mailing this because your offices are closed at the moment. Wait until I call, then I’ll give all of your staff an earful. This really has me steamed. And they should be ashamed that you are their boss.
I’m positive that I will not be the only one that will be contacting you on this one. This is only the first wave of a coming tsunami.
Fix it, Moynihan. We are all tired of you and your cronies shenanigans and the dam of outrage is about to break all over this country. There will be way too many holes in it for you to plug up, and it will all come crashing down like the worthless paper you claim to hold on all these mortgages.”
###
“Regarding the above-referenced loan, please use your infinite powers to assist this elderly gentleman in the later years of his life to work through this difficult situation. It is so atrocious the way in which distressed property owners in all age groups, of all ethnicities and from all socioeconomic strata are being treated by institutions that simply do not appear to care about the impact their industry has had on the citizens of this country. But his particular story goes beyond the customary and usual. This gentle man has served to defend those of us that are unable or unwilling to put our lives on the line for our country!
When will you do something about the way in which Bank of America’s servicing departments botch up paperwork, lie to people in life-changing circumstances, and then blame it on others? As a major institution within the financial realm, one would think that BofA would be on the cutting edge in the technology arena to keep paperwork intact; in hiring capable and ethical employees to problem-solve rather than lie, cheat, or delay, and in providing resources with whom customers can discuss their problems to get back on tract?
More importantly, however, is when will Bank of America become the financial institution that deserves the trust of the people that keep you in business?
It is time to stop the spiraling loss of wealth to the vast majority of homeowners that rely on the equity in their homes to enjoy a peaceful and well-deserved retirement. It is time to have compassion for those individual homeowners whose jobs have been cut out and now must move their entire families elsewhere in a real estate market that causes them to go into default. It is time to develop a plan to actually work on customer service that truly assists (rather than bullies) homeowners in lieu of the almighty dollar.
Mr. Wright’s story is, without a doubt, a very sad story that requires immediate measures. Mr. Moynihan, let his story be the catalyst for extreme changes within your institution. It is, after all, within your power to make these changes. The bucks stops with YOU.”
###
Having read the story of Mr. Wright and his appalling treatment by Bank of America, I trust you will reverse the sale of this house and return it to its rightful owner.
I hope you are familiar with the details of this horrific treatment by your bank. If not, then you can read about it here:
http://mandelman.ml-implode.com/2012/01/doer-alert-dear-bank-of-america/
###
OFFICIAL DOER STATEMENT OF PURPOSE
BY MARTIN ANDELMAN & ABIGAIL FIELD
We, Mandelman & Field, are joining forces to end the foreclosure crisis. We’ve been writing about the crisis—Mandelman for more than three years and 600+ articles, Field for about half that—but frankly, writing’s not enough.
We need to DO more to solve the massive crisis our country is enduring. We must act now, because the crisis we’re in will get much, much worse. This year is an election year… the time for decisive action is now.
But by ourselves we can’t do enough. We need YOU to DO too.
Mandelman has already inspired a core group of DOERS, people who have already solved the mortgage modification nightmares of six people. But to solve the problems faster than one mortgage at a time and to attack bigger problems, we need more DOERS… a lot more.
Here’s what we DOERS DO:
1. We take action.
We are knowledgeable, active and involved. We know that our actions make a difference because we’re all working together, multiplying our impact. That’s why we continue to take action, each and every day.
2. We know there’s no “try” in DO.
Either you DO, or you don’t.
3. We build big victories out of little victories.
We’re singles hitters with a really high on base percentage. We scratch out the runs it takes to win every way we can. Our actions are simple, discrete, and quick to do, like sending an email, making a call, mailing a letter.
We work this way because swinging for the fences wastes lots of effort and results in more strikeouts than our country has time for. Besides, it took years to make the mess we’re in, and there’s no silver bullet that fixes everything all at once. We have to do many things, and collectively they will make the big changes we need.
4. We focus on our similarities, not our differences.
We’re not about right and left… we’re about right and wrong. Frankly, our nation’s policies on housing and banks are so bad, we have plenty of solid common ground for everyone. Since we’re focused on fixing those two interrelated issues—housing and bank policy—our divisions on other issues are irrelevant.
5. We believe in “We, the People.”
We join forces to make change because we are Americans. It’s our Constitutional birthright to be in charge, to make change together. And we know if we act together to make good policy, we all benefit.
6. We recruit more DOERS, because size matters.
To solve the big problems we need to be correspondingly big. We’re not playing games. We are DOING to win.
7. And we are in it to win it.
We are relentless. We take our tasks seriously. We do our best. We never let down our fellow DOERS by not DOING our individual parts.
Please don’t delay… DO it today… it’s easy to DO… and to win, we need you.
Becoming a DOER and committing to our code of action is easy. Just send an email to either one of us:
Martin Andelman at: mandelman@mac.com
Abigail Field at: ACFRealityCheck@yahoo.com
And also don’t forget to subscribe here: SUBSCRIBE
All you have to write in the message is: Count on me to be a DOER. Or, just say: I’m in. Tell me what to DO.
And we’ll be in touch. Something like once a week we’ll call on you to DO something important… something that matters a lot. It feels really good to be a DOER, ask anyone who is.
Mandelman & Field… OUT!
Vistas Homeowner Association | 81-Year-Old Korean War Veteran Foreclosed on for a Measly $338.91
MBIA Insurance Corp. v. Countrywide Home Loans Inc | BofA Loses Ruling Against MBIA in Fight Over Loans
On Foreclosure Fraud, Bondi Comes Up Short
CA Dem Letter on Mutli-state Foreclosure Settlement and AG Harris
DOLFO v BANK OF AMERICA | Homebuyers Claims BofA Found a New Dirty Trick Illegally Extract Money from Customers, Foreclose
- Facing Foreclosure, Vice President of Bank of America Home Loans, Michael Kim, Allegedly Stole $1 Million from Customers Before Disappearing
- Paying Off Bank of America Mortgage Results in Default, Threat of Foreclosure
- Bank of Opportunity Does it Again – Furniture Company Claims BOFA Wrongly Foreclosed
#AGOs TWEET | AG Coakley to hold press conference at 1pm regarding a major lawsuit against 5 national banks
- Foreclosure Fraud | Guilford County Register of Deeds Jeff Thigpen and Lynn Szymoniak to Hold Press Conference Wednesday at 10 AM
- Exclusive | Citizen Warrior Video of Washington AG Rob McKenna’s Press Conference Aug 5, 2010, Announcing Lawsuit Against Recontrust (BofA) in Washington v Recontrust
- Press Release | AG Coakley Highlights Proposed Legislation to Prevent Foreclosures at Meeting of Realtors
A Tale of Two Attorneys General | Foreclosure Fraud – Harris vs. Bondi: California’s AG Issues Subpoenas, Florida’s AG Quits Worrying
- California, AG Harris, Reportedly Subpoenas BofA Over Toxic Securities
- KABOOM | Attorney General Kamala D. Harris Subpoenas Lender Processing Services (LPS) in Wide-Ranging Probe of Mortgage and Fraudclosure Practices
- KABOOM | Illinois Attorney General MADIGAN ISSUES SUBPOENAS Against Lender Processing Services (LPS) & Nationwide Title Clearing (NTC)
Police, Movers Refuse to Evict 103-Year-Old Woman from Foreclosed Home of 53 Years
- Two SWAT Teams, More than 20 Police Officers in 15 Police Cars Along with a Canine Unit and Two Fire Trucks Arrive on Scene to Evict One Man from Foreclosed Home
- 75 Year Old San Jose Woman Reclaims Illegally Foreclosed Property from WAMU / BofA
- Woman Who Called Ex 65,000 Times in One Year Is Less Annoying Than Bank of America
Trashed Out | Awakened by a Siege, Family Forced Out of Home by Jackbooted Thugs
- Trashed Out | Jackbooted Thugs Hired by PNC / Safeguard Properties Broke Locks, Stole Cat, Stepped on Daughter, According to Suit
- Jackbooted Thugs | CitiMortgage / Safeguard Properties Trash Out Home NOT In Foreclosure, Take EVERYTHING in House (VIDEO)
- Jackbooted Thugs? | Field Asset Services, Countrywide (BofA) Trash Out Retiree’s Home That Was Not in Foreclosure
BofA Clash With Fannie Mae Escalates Over Loan Buyback Stance
WSJ | NY, Delaware AGs Allowed To Intervene In $8.5B Bank of America Settlement
Letter | Elijah Cummings to Edward DeMarco RE Freddie and Fannie Fees
$50 – $100 Billion | White Paper – Is FHA the Next Housing Bailout?
Change.org Petition Plays Part in BoA Debit Fee Reversal
In early October of 2011, Bank of America announced that it would begin charging its customers an additional $5 users fee for using its debit cards. In my financial literacy class the weekend after the announcement, some students were resigned to it, some furious, but we all vowed to switch banks if we banked at BofA. Yet we all also knew what would happen next, if history was any indication. Other banks would follow suit and eventually we’d all get charged the fee, which would just go up even more over time. It turns out, at least for now, the ending is happier. People mobilized around recent college grad Molly Katchpole’s online petition requesting a reversal of the fees.The petition was brilliant in its simplicity, stating simply this:
Greetings,
I'm writing to express my deep concern over Bank of America's decision to charge customers $5 a month to use their debit cards when making purchases.
The American people bailed out Bank of America during a financial crisis the banks helped create. You paid zero dollars in federal income tax last year. And now your banks profiting, raking in $2 billion in profits last quarter alone. How can you justify squeezing another $60 a year from your debit card customers? This is despicable.
The American people bailed out Bank of America during a financial crisis the banks helped create. You paid zero dollars in federal income tax last year. And now your banks profiting, raking in $2 billion in profits last quarter alone. How can you justify squeezing another $60 a year from your debit card customers? This is despicable.
American consumers can't afford these additional fees. We reject any claims by BofA that this latest fee is somehow necessary.
Please, do the right thing. Reverse your decision to charge customers $5 each month for using their debit cards to make purchases.
[Your name]
Party because of the petition, Bank of America announced on November 1, 2011 that it would not move forward with implementing the debit card fee. BofA co-chief operating officer David Darnell stated in a press release that “We have listened to our customers very closely over the last few weeks and recognize concern with our proposed debit usage fee. Our customers’ voices are most important to us. As a result, we are not currently charging the fee and will not be moving forward with any additional plans to do so.”
Hundreds of thousands of consumers joined the movement to push Bank of America, and its competitors, to eliminate its $5 debit card fee. In less than one month, Bank of America went from announcing the fee, to reeling under huge pressure from the media, Congress and Change.org. When Bank of America announced that it was restructuring the fee, Molly and others continued to push the Bank until it agreed to end the fee for all customers.
Pretty amazing for Molly and the over 306,000 other customers who signed her petition. Using Change.org, Molly was able to recruit hundreds of thousands of people across the country to join her in successfully challenging one of America’s most powerful financial institutions – and also in influencing the behavior of other major banks.
Obviously, Molly’s petition was not the only expression of customer complaint. Plenty of others were mad too. Andy Borowitz, of the Wonderful Borowitz Report, posted this spoof letter about the fee reversal:
NOVEMBER 2, 2011
A Letter from Bank of America
An Apology to Our Customers
NEW YORK (The Borowitz Report) – The following letter was sent today by Bank of America to all of its debit card customers:
Dear Valued Customer:
As most of you probably know by now, last month we instituted a $5 monthly fee for all of our debit card users. To say that what followed this decision was a shitstorm would be a massive understatement.
Considering that just three years earlier taxpayers had bailed us out with billions of their hard-earned dollars, it’s understandable that Bank of America was compared to a person who, as he is pulled from a burning building, turns and kicks the fireman in the nuts.
That’s why we are writing to you today with a simple message: “Our bad.” And to tell you that we are refunding the $5 to you, effective immediately. All you have to do is pay a simple, one-time $10 refund fee.
You can receive your refund online, or pick it up at your nearest Bank of America branch, where a teller will hand the money directly to you for a simple, one-time $15 handling fee.
If you do visit your branch, feel free to use any of our services, including our state of the art ballpoint pens and deposit slips. (Prices on request.)
Again, accept our apologies for instituting the debit card fee. We have learned our lesson, and we make this solemn promise: next time we squeeze money from you, we'll do it in a way you won’t notice.
Sincerely,
Bank of America
While yesterday’s New York Times says banks will always find ways to charge us more anyway, I am posting this to encourage consumer to speak out. In this case, the American consumer actually stemmed this tide. How inspiring!
Bank of America Threatens Foreclosure Over $1 From Already-Sold Home
FHFA Director Praises Principal Paydown Plan for Undersecured Mortgages
California, AG Harris, Reportedly Subpoenas BofA Over Toxic Securities
BAM! | US Judge Takes $8.5 Bln BofA Deal from State Court in Bank of New York Mellon vs Walnut Place
BofA Robo-Digital-Signer Fail (clicked WRONG name on drop down box) & Robo-Notary
- The Art & Science of Robosigning in the Post Scandal Era (New & Improved Document Fabrication)
- White Paper, The Future of Notarization is Online | Notary Experts Expose Flaws in Notary System, Advise Bringing Notaries Online
- Re-Introducing Angela Nolan of JP Morgan Chase – Another form of Robo Signer – AutoPen
Bevilacqua v. Rodriguez Upheld | Buyer Can’t Sue After Bad Foreclosure Sale (Opinion)
- Bloomberg Must Read | Faulty Foreclosure May Mean Massachusetts Buyer Isn’t Owner
- Robosigned Conveyance from MERS to BofA Deemed “A Mistake” Post Short Sale – MERS and Fannie Mae Sue Short Sale Seller and Buyer
- Fannie Mae Fail | Heated Exchange – New Buyer Can’t Move in because Renter Won’t Move Out (Video)



Robo-Liking | BofA turns to Facebook to win back “Friends”
By 4closureFraud | Bankruptcy, Foreclosure Fraud, News for the Patriot
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