UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
Tanya Beals, on behalf of herself and all
other persons similarly situated
VS.
Bank of America, N.A, BAC Home Loans
Servicing, L.P., a wholly owned subsidiary
of Bank of America, N.A., LaSalle Bank,
N.A., John Does 1-10
Excerpts:
Defendants Have Consistently Demonstrated a Willful Disregard
for the Procedural Safeguards Entitled to All Borrowers
Defendants Routinely Act in Bad Faith and in Breach of Contractual
Obligations During the Course of their Settlement Negotiations with Plaintiffs
FIRST COUNT
(Fraud)
SECOND COUNT
(Violation of the New Jersey Consumer Fraud Act
codified at N.J.S.A. §§ 56.8-1, et. seq.(NJCFA))
THIRD COUNT
(Breach of Contract)
FOURTH COUNT
(Breach of the Covenant of Good Faith and Fair Dealing)
FIFTH COUNT
(BREACH OF IMPLIED CONTRACT)
SIXTH COUNT
(Quantum Meruit)
SEVENTH COUNT
(Violation of the New Jersey Fair Foreclosure Act)
[ipaper docId=40043122 access_key=key-sxo1jhcdyw2v12wo6tc height=600 width=600 /]
© 2010-19 FORECLOSURE FRAUD | by DinSFLA. All rights reserved.
We have a mortgage with BAC. How do I know if my pending foreclosure is fraud?
I had the strange is dream , that I was signing a 14 year , deal for a care taker aka power of attorney , on first citizen bank ,and southern national bank , and then , in th dream the paper I sign ,to the poa , told a nother person that the poa , was gone to try kill me . Wow ! Can a poa kill u , but why , a poa can’t take what u belong , onless he’s or she is a family member .
I am a BOA/CountryWide Mortgagee. How do I know if this effects me?
I’M IN NEW JERSEY AND HAD A MORTGAGE WITH US BANK HOME MORTGAGE IN 2008 I BECAME A SINGLE MOM OF 6 & 7 YR OLD GIRLS,AND AT THE SAME TIME STUMBLED MY WAY ACTING AS MY OWN LAWYER. AFTER MY GIRLS FATHER HAD LEFT THE HOUSE I LEARNED THAT MY MORTGAGE WAS APPROX 10 MONTHS BEHIND. I TALKED TO THE BANK AND PROCEEDED TO FILE BANKRUPTCY(LEE PEARLMAN ESQ NJ) MADE A REPAYMENT PLAN W/O MY CONSENT TO US BANK AND THEN DROPPED MY CASE LEAVING ME 4600.00 (HIS FEE) FURTHER IN DEPT. I BEGAN TO TRY AND WORK SOMETHING OUT WITH US BANK AND THEN NOV OF 2009 THEY SENT ME MY MODIFICATION. WHICH WORKED OUT TO HAVE A LUMP SUMP BALANCE OF 5000.00 DUE IN LIKE 10 DAYS AND MY PAYMENTS WOULD ACTUALLY END UP BEING $350.00 A MONTH MORE THEN I HAD BEEN PAYING. IT TOOK ME ANOTHER 2 MONTHS OF PHONE CALLS WITH MARY FROM THE HOPE HOTLINE ON THE PHONE AND I RECORDED THE CONVERSATION. US BANK APOLOGIZED FOR THE MIX UP AND THEY PROMISED TO REWORK THE NUMBERS AND SEND A SECOND PACKET OUT TO ME BUT EXPLAINED THAT IT COULD BE SEVERAL MONTHS DUE TO THE FACT THEY ONLY HAD 2 PEOPLE PROCESSING ALL OF THE MODS FOR US BANK COUNTRY WIDE??? THAT CONVERSATION TOOK PLACE IN FEB OF 2010, THEN IN MAY 2010 I RECEIVED A LETTER FROM USBANK STATING THAT DUE TO THE FACT I HAD NOT RETURN THE MOD PACKET THEY WOULD BE PROCEEDING FORWARD WITH FORECLOSURE PROCEEDINGS! I HAD JUST PAID OUT OVER 2500 TO UTILITIES AND REPAIRS. I CONTACTED THE BANK AND COULD NOT GET IN TOUCH WITH THE LOAN OFFICER LISA SYKES WHOM I HAD BEEN WORKING WITH. I MOTIONED THE COURT TO STAY THE SHERIFF SALE ON APPROX 8/5/10 AT THE TIME I HAD BELIEVED I WAS DENIED AND THAT THE HUD HOME WAS THEN PUT UP FOR SALE BUT THE BANK ENDED UP BUYING IT BACK FOR $100.00, YET WHEN I CONTACTED THE BACK A DAY OR TWO AFTER THE SCHEDULED SHERIFF’S SALE I WAS TOLD THAT THE PROPERTY HAD BEEN GIVEN BACK TO HUD. AFTER ABOUT 5 MONTHS I & MY GIRLS WERE THEN EVICTED. I ENDED UP MOVING A COUPLE OF DOORS DOWN THANKS TO A GUARDIAN ANGEL AND ATTEMPTED TO GET ON WITH MY LIFE WHILE THE HOUSE SAT THERE EMPTY WHILE VANDALS DESTROYED WHAT I HAD SPENT THE PAST 10 YEARS OF MY LIFE FIXING. SO THEN COMES SEPT OF 2012 I RECEIVED A CHECK(OVER $11000) IN MY NAME & LETTER FROM US BANK ASKING ME TO ENDORSE AND RETURN THE CHECK TO THEM. THEY HAD KEPT NOT ONLY THE HOUSE BUT THE HAZARD INSURANCE IN MY NAME(INSURANCE FRAUD RIGHT??)) THEY HAD MADE A CLAIM FOR THEFT ON THE PROPERTY DATED 8/4/2011 IN MY NAME!! AT THIS POINT I DID NOT KNOW WHAT TO DO ENDED UP TALKING TO SEVERAL LAWYERS, A WELFARE ATTORNEY, AND THEN THE ASSISTANT DA IN MY COUNTY AND NOONE COULD TELL ME WHAT I SHOULD DO. SO I HELD ON TO THE CHECK AND TRIED TO LEARN AS MUCH AS I COULD PRETAINING TO THE FORECLOSURE LAWS IN NJ . AROUND APRIL OF 2012 I HAD WENT ON THE COUNTY COURT DOCKET SITE & NOTICE NOT ONLY THAT MY FORECLOSURE CASE HAD BEEN REINSTATED, BUT THAT MY MOTION TO STAY SHERIFF SALE DATED 8/5/2010 HAD ACTUALLY BEEN GRANTED. AFTER LOOK AT MY CASE FURTHER I NOTICED THAT ON 8/31/2010 THE LAWYER FOR USBANK (MS POWERS) FILED BOTH THE PLURIES WRIT & THE REPORT OF SALE WHICH SHOULD OF ACTUALLY BEEN 18 DAYS PRIOR TO SALE (FROM WHAT I HAVE READ, MAYBE MORE). SINCE, MY MOTION TO STAY SHERIFF’S SALE WAS GRANTED I WOULD TEND TO BELIEVE THAT THE SHERIFF’S SALE SHOULDN’T HAVE TAKEN PLACE. BUT THERE’S STILL MORE I REPORTED USBANK TO THE OCC AND SEVERAL OTHER AGENCIES BECAUSE I ONLY RECEIVED A 500.00 PAYMENT (UNCASHABLE) FROM THE IFR AND $0 FROM THE NATIONALSETTLEMENT DUE TO US BANK’S INACCURATE REPORTING OF MY LOAN. IT WASN’T UNTIL AFTER JULY 15, 2013 THAT US BANK SENT ME A LETTER LOOKING IN TO MY FORECLOSURE CASE DUE TO MY OCC FILING, THAT THEY WOULD EVEN PAY ATTENTION TO WHAT I HAD TO SAY. AFTER RECEIVING THAT LETTER I WENT ON THEIR WEBSITE TO ATTEMPT TO CONTACT THEM AND WHEN I COULDN’T GET THROUGH BETWEEN MY PAY PER MINUTE PHONE WHICH WOULD HAVE COST ME TO MUCH TO SIT ON HOLD FOR AN HOUR, I ATTEMPTED TO LOG INTO MY ONLINE MORTGAGE ACCOUNT WHICH HAD BEEN CLOSED BACK IN 2010. TO MY SURPRISE IT ALLOWED ME TO LOG ON. THAT’S WHEN I FOUND OUT THAT BACK ON MARCH 28, 2013 THEY HAD DEPOSITED THAT INSURANCE CHECK FOR $11754 THAT WAS IN MY NAME, UNSIGNED(BANK FRAUD RIGHT??) INTO MY CLOSED MORTGAGE(IN A RESTRICTED ESCROW) ACCOUNT. THEN I LOOKED FURTHER TO FIND THAT THEY HAD BEEN PAYING MY PROPERTY TAXES, HAZARD INSURANCE AND MY MONTHLY HUD MORTGAGE INSURANCE ON MY LOAN BUT NOW MY ESCROW ACCOUNT HAD BEEN CHARGED GIVING ME A NEGATIVE BALANCE OF -$42210.74 AND WITH THE PRINCIPAL BALANCE OF 136030.33, IT TOTALS MY EXISTING LOAN DEBT AT $178241.07!!!
IN 2010 US BANK NATIONAL ASSOCIATION FEIN 31-0841368 SENT ME A 1099-A WITH A FAIR MARKET VALUE IN BOX 4 OF $192,270.58(TAX FRAUD RIGHT??) WHICH I CLAIMED AND PAID TAXES ON. NOW I’M IN THE MIDDLE OF A TAX AUDIT WITH THE STATE OF NJ DUE TO THE FACT I DID NOT CLAIM AN $11754 INSURANCE CHECK WHICH I DIDN’T KNOW WAS IN MY NAME OR EVEN CASH!!! THEN ON MAY 9TH THEY ATTEMPTED TO MAKE ANOTHER CLAIM IN MY NAME BUT THE AMOUNT WAS 0 AND I ONLY FOUND OUT ABOUT IT, BECAUSE MY CAR INSURANCE PAYMENT WAS LATE DUE TO NOT BEING ABLE TO WORK & CONTEND WITH THIS MESS WHILE STILL ATTEMPTING TO LIVE LET ALONE TRYING TO BE A GOODMOTHER TO 2 PRETEEN GIRLS.
ON MAY 31 2013 MY COUNTY COURT INITIATED A 3O DAY DISMISSAL (LOP) AND ON JULY 5TH 2013 IT WAS GRANTED AND MY CASE WAS CLOSED. I HAVE JUST FOUND OUT I HAVE UNTIL SEPT 15TH 2013 TO FIND A NEW HOME DUE TO THE SALE OF THE RENTAL PROPERTY THAT I HAVE BEEN STAYING IN. I HONESTLY DON’T KNOW WHAT MY LEGAL RIGHTS ARE AT THIS POINT BUT I BELIEVE THAT I SHOULD BE ABLE TO BE COMPENSATED FOR ATLEAST THE FULL TIER OF THE IFR SINCE “I HAD BEEN FORECLOSED ON AND PUT OUT OF MY HOME.” AT THIS POINT I FINANCIALLY CAN’T KEEP PURSUING THIS MATTER AND PROVIDE FOR MY CHILDREN!!
PLEASE IF ANYONE CAN STEER ME IN THE RIGHT DIRECTION IT WOULD BE GREATLY APPRECIATED!!! THANKS
My case is pending a judgment decision. There are many issues of alleged fraud by the plaintiff. I would like to have an attorney review my case. please call @ 609-892-3099
I have been trying to get a mortgage motification thur Bofa for over a year now. We have been getting the run around and are constidntly being told that we have a new rep, they don’t have our paperwork, or they haven’t received complete paper work, and we seem to have a new rep every other month!! Now they are trying to put our home up for auction!! We are not sure what to do at this point, this can’t be legal! Please help!