BofA Lawsuit to Stay in State Court | State of Arizona vs. Countrywide, Bank of America, et al

BofA lawsuit to stay in state court

AG says switch to federal level would slow its case over bank’s mortgage practices

The Arizona attorney general’s lawsuit against Bank of America over alleged mortgage fraud will remain in state court.

The lender had asked the case, filed in late December, be moved to federal court.

State Attorney General Tom Horne, who inherited the lawsuit from former Attorney General Terry Goddard, said state-court cases often move more quickly then those tried in federal court.

“Homeowners who have suffered from practices that may violate the Arizona Consumer Fraud Act need timely relief,” he said. “And unnecessary delays can be damaging to them.”

The suit alleges BofA deceived borrowers who were trying to obtain loan modifications to keep their homes. The lender is accused of violating the state’s consumer-fraud laws by not responding to many homeowners’ requests for help, rejecting loan-modification applications without supplying sufficient reason and beginning foreclosure proceedings on homeowners at the same time those borrowers were starting loan modifications.

Read more: http://www.azcentral.com/business/articles/2011/03/22/20110322bofa-lawsuit-stay-state-court.html#ixzz1Hj5bR9mk

For the case files and more background see:

LINK – State of Arizona vs. Countrywide, Bank of America, et al – Office of Attorney General Terry Goddard Charges Bank of America with Mortgage Fraud

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4closureFraud.org

Comments
14 Responses to “BofA Lawsuit to Stay in State Court | State of Arizona vs. Countrywide, Bank of America, et al”
  1. Katheryn says:

    If you are going after TILA and RESPA violations, can you keep it out Federal? I know that if you’re going after Quiet Title and list the property as a litigant also, you may be able to keep it in State. That’s my understand so anyone out there correct me if I’m wrong. I’m having trouble on making a decision on which to go after, a rescission with added damages for each violation or to go for a quiet title action to keep it in State court.

    • Scottie says:

      Either court, Federal sometimes is better and they have pendent jurisdiction over state claims as well. U should contact your attorney general particularly if it is B of A or Countrywide, Wells Fargo, Deutsche Bank. if your loan has been securitized then I would suggest Fed.

  2. ATTENTION FLORIDA HOMEOWNERS……..GARFIELD ALERT!!!!!!!!!… THE PRETENDER LENDERS ARE BACK IN TALLAHASSEE TRYING TO TAKE OVER THE COURT SYSTEM…THIS WAS POST DATED MARCH 23, 2011…..WE NEED TO SWAMP THE LEGISLATORS WITH LETTERS, E-MAILS OR PHONE CALLS…THIS CANNOT BE UP TO THE FRAUDSTERS TO CONVIENCE THE LEGISLATORS TO CHANGE OUR COURT SYSTEM. THIS IS OUR STATE AND TELL THE LEGISLATORS ENOUGH TIME HAS BEEN WASTED ON THOSE WHO HAVE PERPETRATED CRIMINAL EVIL ACTS TO THE CITIZENS OF FLORIDA….THE PRETENDER LENDERS HAD PLENTY OF DAYS IN COURT AND ALL PROVED THAT FORECLOSURES REEKED WITH FRAUD. OUR COURT SYSTEM IN FLORIDA HAS BEEN AB– USED BY THESE RACKETEERS LONG ENOUGH….AND THE HOMEOWNERS IN FLORIDA HAVE HAD ENOUGH OF THEIR SHIT….MUST WE ALL RETURN TO TALLAHASSEE AGAIN IN LARGE CROWDS TO GET OUR MESSAGES ACROSS? WE MUST LET THEM KNOW THE FRAUDSTERS WANT THE SYSTEM CHANGED SO THEY CAN SWINDLE AND SCHEME THRU THEIR FRAUDULENT ‘ TRICKS ‘. THIS IS NOT JUSTICE. DO THIS NOW AS THE FLORIDA BANKERS ASSOC. IS PUSHING THIS COURT SYSTEM TO BE NON-JUDICIAL….NOW WITH THE NEW GOVERNOR AND THE LEGISLATORS TELLING THE CITIZENS THE COURTS HAVE RUN OUT OF MONEY…DUE TO THE LACK OF FORECLOSURES….WAKE UP….THIS MAY BE THEIR WAY TO GIVE THE PRETENDER LENDERS CONTROL…OF A NON-JUDICIAL COURT SYSTEM…WAKE UP FLORIDA !!!!!!!!! SNAKES CRAWL NIGHT AND DAY…….

    • i WILL TRY AND ADD THE LINK OF THE FLORIDA ALERT…NEIL GARFIELD…..THIS ALSO SHOULD BE READ BY ALL ….NO MATTER WHAT STATE YOU LIVE IN…..IF THIS LINK DOES NOT WORK…REPLY TO THIS COMMENT AND i WILL WORK ON IT…GREAT INFO THAT MAY HELP SOMEONE….BUT FLORIDA…PLEASE WAKE UP….SOMETHING IS HAPPENING TO OUR COURT SYSTEM……READ THE LINK…..PUT THE PRESSURE ON THE LEGISLATORS AND THE GOVERNOR…..OTHERWISE WE WILL BE THROWN TO THE WOLVES…….AND THEY WILL NOT HAVE TO PROVE STANDING AND ALL FRAUDS WILL TAKE YOUR HOMES. IT’S ALL IN FAVOR OF THE FRAUDSTERS….MONEY TALKS……SO LET’S FIGHT THIS ….NOW….THE BANKSTERS ARE IN THE CAPITOL TURNING THE STATE GOVERNMENT AGAINST THE CITIZENS…..WE MUST NOT FAIL ON THIS….WE MUST WIN !!!!!!!!! http://api.ning.com/files/RXV3rkZO8NpRNx-5XNm2PeaHK86zSjm0NQwVDquTasOnMZ-DB*zjuLBgaozZEhIc5OX3S8yNUHpRZcqTCxUxBOv1oYaEQOAZ/PRETENDER_LENDERS_MOVING_ON_STATE_LEGISLATURES1.pdf

      • YES, THE LINK DOES WORK….PASS THIS ON TO OTHERS….E-MAIL IT TO EVEN THOSE NOT IN FORECLOSURE..FRIENDS…FAMILY…CO-WORKERS…OTHER BLOGS….ANYWHERE TO GET THIS MESSAGE OUT…ASK THEM TO SEND E-MAILS TO THE LEGISLATORS AND THE GOVERNOR……FLORIDA CANNOT AFFORD MORE CORRUPTION…WE HAVE TAKEN ALL WE WILL STAND FOR….ENOUGH DAMAGE HAS BEEN DONE TO THE CITIZENS…….THE BANKS HAVE PROVEN TO AMERICA THAT CORRUPTION IS RUNNING RAMPANT…..EVERYWHERE….AND THEY THE BANKS..THE FINANCIAL INDUSTRY….ARE VILLIANS OF EVIL…. RIGHT ALONG WITH GOVERNMENT…..

    • CORRECTION…THIS ALERT IS NOT FOR NON-JUDICIAL…IT APPEARS WORSE THAN THAT. ..IT WILL GIVE THE LEGISLATURE POWER OVER RULE MAKING IN THE COURTS…..READ THE LINK….IF THIS PASSES WE WILL BE THROWN TO THE WOLVES. IT GIVES THE FRAUDSTER BANKSTERS ALL THE RIGHTS…WE, THE HOMEOWNERS WILL HAVE NO RIGHTS…….THIS IS A REAL SHOCKER TO WAKE EVERYONE UP…WE MUST FIGHT THIS TO THE BITTER END…..WE ARE BEING VICTIMIZED BY THE FEDERAL GOVERNMENT…THE BANKSTERS/FINANCIAL INDUSTRY, AND NOW THE FLORIDA GOVERNMENT….EVERYONE ..WE MUST FIGHT THIS WITH POWER… LET OUR VOICES BE HEARD..LOUD AND CLEAR…..PROTEST….THE BANKSTERS ARE ENTERTAINING THE CAPITOL, GOLFING, DINING….YOU NAME IT…THE CAPITOL IS THEIR PLAYGROUND….WE MUST FIND OUT WHO IS ON THAT PANEL THAT IS MOVING THIS BILL ALONG…..THIS SUCKS WHEN YOUR OWN STATE GOVERNMENT TURNS ON THE CITIZENS…..

  3. losing my home in florida says:

    http://www.putlocker.com/file/3BNOSJI0IPS0KGSC#

    every one please watch inside job
    please “if you can not afford your mortgage please retain a lawter or go pro se do not leave your home”

    please opoen link, press to proceed as a free user

    it puts every thing we are all going through in a nut shell.
    you will never question why you cant afford your mortgage again
    we were lied to , cheated and stole from now it is up to us the people to get back what is ours

  4. maia says:

    BOA took our case federal–judge dismissed without a hearing and threatened to sanction our atttorney, then 6 days later they reconveyed to Freddie Mac. No court, No notice–

    • l vent says:

      Those bastards! Fraud by any other name is still fraud! What a farce.I see a definite conflict of interest here when an investor is also the “backer” of the loan. That is also fraud, esp. when the backer is a GSE. The GSE’s INTENTIONALLY SET US UP TO FAIL and backed that and also invested in that and insured themselves for when we failed. Tim Bryant was saying on another post (Dylan Ratigan/Collective Bargaining for Homeowners:Herroism or Terrorism) that the 5th ammendment”Takings Clause”says that this entities held and UNCONSTITUTIONAL INTEREST in your property. He said that the MBS and the sale of the security are violations of the UNITED STATES CONSTITUTION, and can never be “perfected” He alaso said there is no 11th ammendment immunity for the GOVERNMENT ENTITIIES because they violated the “Takings Clause” of the U.S. CONSTITUTION. I believe that . I saw a definite conflict of interest was going on when the Judges are letting banks steal peoples homes in FRAUDCLOSURES and lawyers are telling us lies and the U.S. CONGRESS is trying to pass laws to PROTECT THE BANKS. I asked myself why would they do these things and where are all of the supposed investors in these MBS’s? FANNIE/FREDDIE THOSE GSE WERE BEHIND THIS SCHEME FROM THE ORIGINATION ALL THE WAY TO THE FRAUDCLOSURE AND THAT IS UNCONSTITUTIONAL MY FRIENDS. THE FBI ASKED ME WHO BACKED MY LOAN AND TOLD ME TO CALL FANNIE WHEN I DID NOT GET A LOAN MOD BECA– USE THEY ARE A GSE! EXACTLY, THEY WERE ALL IN ON THE PONZI SCHEME FROM START TO THE FRAUDCLOSURE. THEY ARE ALL HEAVILY INVESTED JUST LIKE I THOUGHT, IT WAS AN INSIDE JOB.FANNIE/FREDDIE WERE AND STILL ARE HIDING BEHIND THE BANKS/SERVICERS/MERS AND THEIR CRIMINAL ATTORNEY NETWORK.FANNIE/FREDDIE’S FINGERPRINTS ARE ALL OVER THESE LOANS, LOOK AT THE BOTTOM THE PAGES IN VERY SMALL PRINT IT CLEARLY STATES FANNIE/FREDDIE UNIFORMED SECURITY INSTRUMENT. THEY ARE ALSO MERS/U.N. BUT THEY ARE ALSO THE U.S. GOVERNMENT/THE U.S. TREAURY AND THAT IS UNCONSTITUTIONAL. AGAIN WE MUST TURN TO OUR U.S. CONSTITUTION TO PROTECT US FROM THE TYRANTS INSIDE OF OUR OWN GOVERNMENT. OUR FOREFATHERS WERE REALLY LOOKING OUT FOR WE THE PEOPLE. GOD BLESS AMERICA.

      • l vent says:

        WE NEED A RULING FROM THE U.S. SUPREME COURT ON THE UNCONSTITUTIONALITY OF THE CONFICT OF INTEREST BETWEEN THE U.S. GOVERNMENT/U.N NEW WORLD ORDER FRAUDCLOSING ON THE CITIZENS OF AMERICA. WE ARE PROTECTED UNDER THE 5th AMMENDMENT ‘TAKINGS CLA– USE’. UNDER THIS CLA– USE THESE GOVERNMENT ENTITIES UNCONSTITUTIONALLY HELD AND INTEREST IN OUR PROPERTY . ALL FRAUDCLOSURES SHOULD BE VACATED AND DISMISSED. GIVE THE STOLEN HOMES BACK TO THE PEOPLE. GOD BLESS AMERICA.

  5. l vent says:

    Yes, the fact that they missrepresented the CONTRACT TO HOMEOWNERS IS FRAUD. THAT MISREPRESENTATION SHOULD CA– USE LOAN RECISSIONS NATION WIDE. YES, WE KNEW THEY WERE GOING TO PASS OUR LOAN TO ANOTHER BANK BUT THEY DID NOT TELL US WHY. THEY DID NOT TELL US THEY WERE PACKAGING UP OUR LOANS WITH NO DOC LOANS. WITH PEOPLE WHO BOUGHT A HO– USE 100,000 DOLLARS MORE THAN THEY COULD AFFORD AND THAT THEY KNEW WHEN THEY FAILED WE WOULD FAIL BECA– USE THEY WERE CREATING A MASSIVE HOUSING BUBBLE AND THEY KNEW THAT BUBBLE WOULD BURST. THEY ALSO DID NOT MENTION TO ALL OF US WE THEY WERE GOING TO — USE OUR COLLATERAL IN A PONZI SCHEME UP ON THEIR WALL STREET CASINO AND MAKE TRILLIONS OF DOLLARS SPECULATING ON EVERY ASPECT OF OUR LOAN, OUR COLLATERAL AND OUR SET UP FOR FAILURE AND THEY WERE GOING TO BUY INSURANCE BACKED BY THEIR CRIMINAL NETWORK AIG AND ALSO GAMBLE ON THAT.. IT WAS INTENTIONAL MASSIVE, PERNICIOUS FRAUD BY DECEPTION AND WAS MEANT TO HARM US PERMANENTLY. RESCIND OUR LOANS.

    • losing my home in florida says:

      i watched the inside jo the other day, http://www.putlocker.com/file/3BNOSJI0IPS0KGSC#

      we all basically have insurance policies (plural form) on all of our mortgages (derivatives, credit default swap) where in our mortgage documents did we allow our mortgages to have a bet othem that we will foreclose. so our gocernment knows that “ALOT” of investors make money on our mortages failing why else would he make hamp “voluntary” what he meant to say was onlt modify loans with hamp where the is no ivestor payout at foreclsoure (pre CDO day).. i have someoone from pam bondi’s office calleg me now. she is a day late a dolla short. says she can twist wells afrgos arm to get me in a loan. but she is not going to be there 9-18 months form now when wells fargo decideds to deny me and that money isgone. it old her i am in foreclsoure and i have to defen my foreclsoure i cant afford both. so fowarded her info to my lawyer. the time to get me in a hamp loan was before i found out about the fraud. i just hope all notes are lost. please pray with me thank you all so much for educating me

  6. Of course the ‘ lender ‘ would want the case removed from State to Federal Court…..LOL…federal is the government….and who has turned on the homeowners and let the ‘ lender ‘ pull the strings of the puppet government??? ,,,…OUR OWN GOVERNMENT….THE FINANCIAL INDUSTRY CONTROLS THE GOVERNMENT….BOFA IS A SNEAKY SLIMY SCUMBAG THAT WANTS TO BE IN THE TERRITORY THEY HAVE CONTROL OF. ..THAT WOULD BE A SURE WIN-WIN FOR THEM. KEEP THEM IN THE STATE COURT….MAKE THEM SWEAT….THEY NEED TO BE TAKEN TO THE GALLOWS…..RIGHT ALONG WITH THE REST OF THE BANKSTERS.

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