Class-Action Lawsuit Filed Against Bank Of America

By Daniel at 23 January, 2009, 12:31 am


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To comment on this story, e-mail Jim Bradley.
Wednesday, January 21, 2009 – updated: 10:50 pm EST January 21, 2009

CHARLOTTE, N.C. — A class-action lawsuit filed late Wednesday afternoon claims that Charlotte-based Bank of America withheld information from stockholders before they approved the bank’s merger with Merrill Lynch.

LINK: Read The Class-Action Complaint Against Bank of America

The lawsuit was filed in federal court in Atlanta by the law firm Chitwood Harley Harnes on behalf of Frank M. Boorn, a Bank of America stockholder, and all other shareholders of the bank. The suit claims the bank sent “false and misleading statements” in a proxy to stockholders before the merger vote in Charlotte.

The suit says that Bank of America disclosed the “dire financial condition” of Merrill Lynch and the bank’s request for additional government funds only after the merger became final.

The lawsuit asks for damages to cover losses suffered by stockholders.

http://www.wsoctv.com/news/18532944/detail.html


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Comments
Anonymous May 22, 2009

Why Girls Shouldn’t Cheat On Boys

There once was a guy named Jack who had a girlfriend called Ashley. She was the most popular girl in school. The three most popular guys were Tom, Marcus and Jack. Ashley thought Jack was okay, but she really liked Marcus, who liked her, just like every heterosexual guy at the school. Marcus and Jack were archenemies. Marcus repeatedly stole Ashley away from Jack.

One warm Friday, Marcus asked Ashley out to the movies. Jack was eavesdropping and knew when and where they were going.

Later that night, Jack snuck into the seat behind Marcus and Ashley. Jack watched them put arms around each others’ shoulder, then hug… then kiss… then PASH!
“Do you want to come to my place and skip this boring movie?” said Ashley.
“Hell yeah!” said Marcus.

Jack followed the couple home. He watched Marcus and Ashley have sex. Then, Jack ran away home. He didn’t want to see any more.

On Monday, Jack didn’t come to school. At lunch, all the popular kids at school were having their usual coversation.
“Where’s Jack?” asked Tom.
“I dunno, probably crying at home because he didn’t get to go out with Ashley last night!” said Marcus. Everybody laughed. Marcus had a way of making people laugh. Only the three of them were there. It felt really weird. Jack had never been away from school in his entire life according to Tom.
“Well I never did really break up with him except by text on Saturday!” Ashley added. Both the guys laughed again. It seemed really weird to have such a popular group with only three people in it that day. But that’s because it was no ordinary day.

The next day, Jack didn’t show up to school either.
Or the next day…
Or on Thursday…
Or that Friday for that matter.

On Saturday, Tom kept trying to ring Jack to see if he could come over, but his phone was switched off. He walked up to his house and knocked on the door, but there was no answer. Then he remembered that Jack’s parents were commercial airline pilots and they had to work every day so they wouldn’t be there. He knocked again, but there was no answer. So Tom figured that Jack must be out, however there was no answer for the rest of the day.

He did the same on Sunday, but he wasn’t there all day and he knew that Jack was rarely allowed out at night. Especially when there was school the next day. So Tom sadly rode his bike home at 6 which was his last attempt.

The next day at assembly, the principal had told them that this week the year 12s had to stay back for a special assembly. It was their last assembly and they had Block Exams to do. Why did they have to stay back? The whole year was shocked when they saw Jack’s mum walk in.
“Kids,” she sighed. “I have made a special announcement because one of our school members has died. Yes, I know. You probably all know Jack Halagey. Yesterday when I came back from a stressful flight to Bangkok and back, I searched for Jack, called the police and found his dead body in his closet. They carbon dated it to be about a week old. There was a note next to it, and I suggest that if you do not like these kind of themes that you leave now.”

Some people in the assembly left, but only for religious reasons or the fact that they wanted more study time which they should have been doing for the past 2 months.

“Okay,” said Jack’s mum. “The note said…

My dearest Ashley,
I watched you at the movie theatre and at Marcus’s house and I will continue to watch you. I never thought you would do something like this to me.I really loved you, Ashley. I died for you just like Jesus died for the Christians.

Always with you,
Jack.”

Then came the usual tears after that story. The principal walked up to the microphone.
“Thank you Margret Halagey for sharing that sad story with the year 12s. That concludes this week’s assembly, year 12 is now dismissed.”

Patricia Butler June 9, 2009

June 6, 2009

Loan #: 002235702
518 S. Indiana St
Porterville, CA 93257

Social Security benefits are not considered income? What!?

My name is Patricia Butler. Recently, I have been trying to help my disabled husband get a loan modification that our government speaks so highly of. The lender on his mortgage was Countrywide, who as we all know was just taken over by Bank of America.

I have talked to Bank of America six times to get his loan modification done. The first five times, I was lied to, asked how much loose cash I had and just pretty much given a runaround. I figure that they just wanted to let my husband’s home be sold to add to their coffers. Not once during the first five phone calls to them did they even attempt to help me. Four of the five times, I was told they would send me paperwork to fill out, I tried to explain to them that the home was being placed for sale by HUD, so I was on a timeline to get this worked out. Today, 10 - 15 days later, I have still received no paperwork.

I decided to give a phone call to Bank of America one more try. This time I got hold of a woman named Mary, who actually seemed to care. I explained that my husband is very ill with end stage renal disease and total kidney failure as well as several other things. I also explained that the sale of his home and forced move would likely kill him. Once more I gave Bank of America the information they need to modify the loan on my husband’s home. After taking the information, Mary told me that there is a problem because Bank of America does not consider Social Security as income. Say What!!!!!!?????

My husband has worked his entire life and paid into the system. He has drawn Social Security about 7 years. This is the first that we have been told that it is not considered income. So why does he pay federal income tax on it? Needless to say, I am appalled at this holier than thou attitude that Bank of America has regarding our retired and disabled citizens.

How many more class action suits are going to be brought against Bank of America for their shady practices? It seems that a discrimination lawsuit should be next. This is the same Bank that received how much in bailout money? Oh yeah, it was 15 billion dollars according to USA today. And then, according the CNN Money, another 20 billion in cash and 118 billion in assets to take over Merrill Lynch.

What is wrong with this picture? How much longer will the government allow Bank of America to do this to its citizens? Where are you, Mr. Obama? Where are you Mr. Schwarzenegger? Where are you Mr. Geithner? Where are you Mr. Donovan? Don’t you think it is time to look into Bank of America and put a stop to their disrespect of American taxpayers? Bank of America doesn’t give a damn about anything but the money. I will fight to the end to keep my husband in his home. I demand your help and I demand it now!!

Sincerely,

Patricia Butler

mnims July 1, 2009

I did not find out about class action suit until today, a friend who knew what bank of america have done to my business, called me to let me know that there was a suit against bank of america for what they have put me through. I opened a small business account with banked with Bank of America, since 2000, about four weeks ago bank of america closed my account and accused me of fraud, because I wrote a checked from my wamu account in the amount of $5,000.00. Wamu returned the checked stating that my account was overdrawn. They made a mistake and posted the remaining balance of plus, not minus $22,000.00 showing. All of the banks are posting the largest amount first to cause an overdraft so they can steal $35.00 for each transaction. How can I get help with what both banks have done? Bank of america did not only charged for overdraft fees, they also charged for interest, and penalty and what ever fees they could charge. Now wamu have caused eight of my checks to return when enough founds in the account to cover each that was returned. What should I do?

Carol July 12, 2009

Patricia I fully understand what you have explained. My situation however is a bit different though, my Mom is not disabled she is 71 years old, NEVER been late with her mrtge and has been trying to get the loan modification that the treasury dept is allowing the banks to offer. She has been trying since March, same old run around story, however they did not tell her SSI was not income. That is strange they told you that, BOA is throwing so many different stories out there because they will not make any money off the loan modification by the treasury dept. They end up telling my money she is not experiencing any hardship so she won’t get the modification, (in the meantime things have become so bad for my mom, for the past 2 months when they EFT the mortgage pymnt her account is overdrawn they charge her late payment and NSF) So BOA is making $70 extra from her every month because her checking account is with them also. She kept calling and finally thought she got some nice lady to help her. They can refinance the first mortgage for her but she needs to come up with $6000 closing costs !!!! They refuse to talk to me even though she has given them permission to discuss the account. I think they are exploiting her because she is a senior and does not quite understand. I have reported them to the Treasury Dept and will keep fighting them to the end. They might be a huge corp but they took that bail out money and is still trying to dig out our pockets. These banks are why our economy is in such a state. I have a small business and is also seeking help from them for a small business loan and they refuse to even do an application. I think they are discriminating in more ways than one and need to be stopped in their tracks.

Juan February 25, 2010

I have a mortgage account with Bank of America, when I bought my home I was intially financed by Decision One Home Mortgage Inc. with this bank i got an ARM with an 80/20 finance from Decision One Home Mortgage Inc. The 80 loan has an adjustable rate mortgage of cap at 10% and the 20 loan has a cap at 13.5 all for 30 years. Later that year of 2006, Decision One sold the loans to another banks, which the 80 was bought/serviced by Country Wide Home loans, and the 20 by GMAC Home loans. Eventually Bank of America bought Country Wide Home Loans and the 80 became serviced by Bank of America and the 20 got serviced by Saxon Mortgage.

To make the story short, in early 2009 my financial situation changed, and lost many hours of my work. Making it hard to come up with both payments, so I decided to use my saving of two years to compensate for the loss. In October 2009 my savings were nearly gone and I sensed that I was about to struggle making my loan payments. So I decided to give both banks a call before my situation really changed. On October 14, 2009 I called Bank of America and advised them that I needed help either refinancing or through a loan modification. They started the process and asked me some financial information to determine if I qualified to refinance my home. Off the back I got denied for a refinance as my home was worth less than when purchased. So the next step was to make a loan modification, so they submitted my loan to a loan modification with M&M loss Mitigation department of Bank of America. So when the loan was submitted to that they told me that the process should take about 45 business days and that with in ten business days I should receive a financial package that I was supposed to send as soon as possible. Well ten days went by and no financial package arrived. I called BOA and was told that I should talk to their loss mitigation department, which I kindly did, but each time i talked to them they said that they were still reviewing the loan modification. I did this up until December 18 2009, which then I was told that any time soon I should get an answer. But at that point I was two months behind. I did my best to show them that I wanted to work with them and paid a month. Soon came January 2010 and I was still at two months behind, again so I continue calling on a daily basis because I did not wanted my loan to go into default and then go to the process of foreclosure. However, on January 26, 2010 I got called by BOA and i spoke to a that told me that a couple days after I submitted the loan modification was canceled. The guy did not knew the reason why or who, so he advised me to send my financial information and a letter of hardship to Making Home affordable program (HOPE) which I did the next day, faxing all of the information requested, to find out in two days that the information was denied as i had no loan modification. And that a letter of acceleration was sent to me. I question them why?? and the guy said that the loan was not correctly submitted and that someone had to recommend me for a loan modification. And that at the time I had called they were getting the program ready and that the person that initially took my information did not do the process correctly. So he could recommend my home loan to the modification and ask me to do three equal payments, for the next three months to lock the loan modification. Since I was very desperate to get a loan modification I agreed, so set up the three equal payments, to later find out that the loan could not be resubmitting a second time and that was the reason I was denied again. To me this did not made any sense as I was never helped. So I continue questioning them, why so many lies than? That a simple yes or no answer should have the done the job, but not keep me misinformed throughout the process. Now I don’t know what to do as the acceleration process on my house ends on March 2nd, 2010. I been lied by BOA since the first initial talk. I am desperate and of need of any help, as to what i can do to stop this process. I am currently working a few hour a week to none and making it hard to get the 3 months behind. If any one has any light to my issue please share, at this point I am just hoping to be able to come up with the money and come current in on my loan. I feel discriminated because may be I am a Hispanic, as i learned that Decision One has a class action law suit that they lost already because to Hispanics and Afro American people gave them adjustable rate mortgages with an interest only mortgage. I know this because I was invited and was sent a form which I send last week. But the help they are offering will not come till June or July 2010. BOA has discriminated me since the begining and has no been honest enough to tell me that they wont help my loan.Even today they continue to tell me that I should wait the three months probation for the loan modification. Which at this point I am not trusting BOA word and will try to get caught up on my loan and see what happens in the future. I just pray to God that BOA sell my account to some other bank willing to help me. Thank you for reading my story and hope that at least will help someone to avoid the mistakes i made with them by trusting them till the end.

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