In re: Sundquist v. Bank of America, NA | Bank of America Hit with $45 Million in Punitive Damages for Stay Violations

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In re: Sundquist v. Bank of America, NA | Bank of America Hit with $45 Million in Punitive Damages for Stay Violations

In re: Sundquist v. Bank of America, NA | Bank of America Hit with $45 Million in Punitive Damages for Stay Violations

United States Bankruptcy Court for the Eastern District of California

March 23, 2017, Decided

Adv. Pro. No. 14-02278, Case No. 10-35624-B-13J

 

ERIK SUNDQUIST and RENÉE SUNDQUIST, Plaintiffs,

v. BANK OF AMERICA, N.A.; RECONTRUST COMPANY, N.A.; BAC HOME LOANS SERVICING, LP, Defendants. In re: ERIK SUNDQUIST and RENÉE SUNDQUIST, Debtors.

Conclusion

Bank of America willfully violated the automatic stay by,
among other things, foreclosing on the Sundquist residence,
prosecuting an unlawful detainer action, forcing them to
move, secretly rescinding the foreclosure, failing to protect
the residence from looting, refusing to pay for Sundquist
property lost, and subjecting the Sundquists to a mortgage
modification charade. Pursuant to § 362(k)(1), Bank of
America [*102] is liable for all damages incurred between the
initial violation of the automatic stay and the time the stay
violation is fully remedied (which remedy comes in this
decision and accompanying judgment).
The actual § 362(k)(1) damages are $1,074,581.50. The
appropriate § 362(k)(1) punitive damages are $45,000,000.00.
The Sundquists are enjoined to deliver $40,000,000.00 (minus
applicable taxes) to public service entities that are important
in education in consumer law and delivery of legal services to
consumers: National Consumer Law Center ($10,000,000.00),
National Consumer Bankruptcy Rights Center
($10,000,000.00), and the five public law schools of the
University of California System ($4,000,000.00).
Bank of America may have a remittitur of $40,000,000.00 of
the punitive damages if, and only if, it contributes a total of
$30,000,000.00 (to be used only for education in consumer
law and delivery of legal services to consumers and be subject
to no other condition imposed by Bank of America) to
National Consumer Law Center ($7,500,000.00), National
Consumer Bankruptcy Rights Center ($7,500,000.00), and the
five public law schools of the University of California System
($3,000,000.00 each).

This opinion contains [*103] findings of fact and conclusions
of law. An appropriate Judgment shall be entered.

 

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3 Responses to “In re: Sundquist v. Bank of America, NA | Bank of America Hit with $45 Million in Punitive Damages for Stay Violations”

  1. DANI says:

    bank of America doing the same thing in new jersey and NJ judges look the other way

  2. “Kareem Salessi 3-30-17”

    “Salessi Weapons of Mass Disclosure” (“Salessi WMD”)

    BK decision starts with this:

    “Franz Kafka lives. This automatic stay violation case reveals that he works at Bank of America.
    The mirage of promised mortgage modification lured the plaintiff debtors into a kafkaesque nightmare of stay- violating foreclosure and unlawful detainer, tardy foreclosure rescission kept secret for months, home looted while the debtors were dispossessed, emotional distress, lost income, apparent heart attack, suicide attempt, and post-traumatic stress disorder, for all of which Bank of America disclaims responsibility.”

    Genocide of Americans with these criminal foreclosures has been the main objective of what these criminals inflicted onto this country by the “American Foreclosure Crimes Industry” “(a/k/a: American financial industry)”.

    As I have documented in court files, this genocide industry has already murdered over 10,000,000 Americans with these crime foreclosures in the past 9 years. These are the terrorists that U.S. Government forces should be eliminating, namely the financial crimes terrorists who engineered these criminal networks as I have been documenting in courts since 2004, as stated in my previous comment linked here:

    http://stopforeclosurefraud.com/2017/02/23/perry-capital-llc-v-steven-t-mnuchin-fannie-mae-freddie-mac-shares-plunge-after-courts-ruling/comment-page-1/#comment-551245

    For additional similarly useful cases, GOOGLE:  “Sundquist v. Bank of Am., N.A.”
    to get a few very useful links which the previous decisions on this case.

    Right now, these two useful case links come up:

    http://www.calhbor.org/2013/10/09/october-newsletter-covers-strategies-for-identifying-the-owner-of-a-loan-recent-cases-regulatory-updates/

      http://www.calhbor.org/wp-content/uploads/2013/04/Case-Compendium-May-2013-Sept-2016.pdf

    And thank you for posting this comment.
    “Kareem Salessi 3/30/17”

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