Amended Complaint | Nevada Wallops Bank of America with Sweeping Suit; Nation-wide Foreclosure Settlement in Peril

Nevada Wallops Bank of America with Sweeping Suit; Nation-wide Foreclosure Settlement in Peril

by Paul Kiel ProPublica

This post has been updated to reflect Bank of America’s response.

The state of Nevada dramatically expanded its lawsuit against Bank of America today, turning the narrow case it filed late last year into a broadside that targets virtually all aspects of the bank’s mortgage operations. Bank of America has previously denied wrongdoing.

The sweeping new suit [1] could have repercussions far beyond Nevada’s borders. It further jeopardizes a possible nationwide settlement with the five largest U.S. banks over their foreclosure practices, especially given concerns voiced by other attorneys general, New York’s foremost among them.

In a statement, Bank of America spokeswoman Jumana Bauwens said reaching a settlement would bring a better outcome for homeowners than litigation. “We believe that the best way to get the housing market going again in every state is a global settlement that addresses these issues fairly, comprehensively and with finality.”

The suit also weakens a separate, 2008 multi-state settlement in which Countrywide promised to evaluate troubled homeowners for loan modifications.

Most broadly, Nevada’s action signals that the banks’ problems with home mortgages — the main cause of the financial crisis — continue to burden them and rattle investors. Bank of America, the nation’s largest bank and mortgage servicer, has seen its stock plunge [2] about 40 percent since March, due in part to its mortgage liabilities. Nevada’s action won’t help.

Nevada’s attorney general charges that Bank of America and the now-defunct mortgage giant Countrywide acquired by the bank in 2008, deceived borrowers and investors at almost every stage of the process.

According to the suit, borrowers were duped into unaffordable loans and then victimized again through a misleading mortgage modification program that homeowners tried to use to avoid foreclosure. Finally, the bank filed fraudulent documents to move forward with the foreclosures.

“Taken together and separately, [Bank of America’s] deceptive practices have resulted in an explosion of delinquencies and unauthorized and unnecessary foreclosures in the state of Nevada,” the suit alleges.

The state’s suit had previously been confined to the modification issue [3]. At that time, Bank of America also said homeowners would be best served not through litigation but through reaching a multi-state settlement [3] to “broaden programs for homeowners who need assistance.”

In expanding the suit, Nevada’s Catherine Cortez Masto joins New York attorney general Eric Schneiderman in stepping up investigations of the bank. In addition to initiating a broad investigation of banks’ securitization practices, he recently filed a suit charging that Bank of America had fraudulently foreclosed on homeowners.

A coalition of all 50 state attorneys general has been seeking a settlement with the five largest banks to address their foreclosure practices, such as the filing of thousands of false sworn statements with state courts. Some critics have said the states were speeding to an agreement without thoroughly investigating the banks’ abuses [4].

Last week, fissures in the coalition became public [5] when Iowa attorney general Tom Miller, who leads the 50 state coalition, removed New York’s Schneiderman from the group’s executive committee, because, he said [5], Schneiderman had “actively worked to undermine” its efforts by opposing any quick settlement [6]. As part of any settlement (reportedly [7] in the range of $20 to $25 billion), the banks have been seeking a wide-ranging release [8] from future legal claims, not just those related to foreclosure practices. Schneiderman has publicly rejected that idea and pushed ahead with his investigation.

Masto’s suit signals that Nevada may also reject any settlement in the near future on the foreclosure issues. Two other attorneys general, notably those from Massachusetts [9] and Delaware [10], have also recently voiced concerns about any broad waiver of claims.

Geoff Greenwood, the spokesman for Iowa’s attorney general, declined to comment on Nevada’s suit.

Nevada’s newly expanded suit also undermines a previous settlement between Countrywide and numerous attorneys general. In 2008, as part of that settlement, Bank of America agreed to implement a mortgage modification program to address charges that Countrywide’s marketing and lending practices had defrauded borrowers. That promised wave of modifications never came [11], however, so Nevada alleges Bank of America has breached the agreement. The expanded suit revives those allegations.

In its new claims, Nevada also charges that Countrywide bungled the process of bundling loans into securities by not properly documenting the transfer of assets. Despite the lack of documentation, Bank of America has fraudulently pursued foreclosure on these homes anyway, the suit charges.

New York’s Schneiderman made similar charges earlier this month when he sued [12] the Bank of New York Mellon, which, as trustee for several pools of Countrywide loans, was supposed to oversee the securities for investors. Countrywide’s failure to transfer complete mortgage loan documentation “impair[ed] the value of the notes secured by those mortgages” and “triggered widespread fraud, including Bank of America’s fabrication of missing documentation,” the suit charges [13].

Full complaint below…

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4closureFraud.org

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Nevada vs Bank of America 2nd Amended Complaint

[scribd id=63612082 key=key-1gi9au46ivzpc7p337qu mode=list]

Comments
16 Responses to “Amended Complaint | Nevada Wallops Bank of America with Sweeping Suit; Nation-wide Foreclosure Settlement in Peril”
  1. Mary Marseglia says:

    Why isn’t anybody giving these judges actual documenation of how “Securitization” is illegal here in the US and I believe in other countries too???. I have a 15 page document that explains the actual explanation of securitization, along with 4 short pages that just says what is done, and then I have a 54 page document from an actual attorney who gives stated cases on how securitization is illegal along with small 2 or 3 charts. I have been fighting BofA now for f…….g 3yrs!!!!! They have destroyed my credit and I just learned about this securitization process just a couple months ago and dealing with other personal problems, I have been unable to find an attorney in the state of Maryland to take the case for me against BofA, so I am trying on my own to locate the actual documents to file in court myself for “quiet title” and “nullification of the note”

    If anybody has an answer as to where I can find those documents so that I can file on my own, I’ve been dealing with this on my own since April 2009 with TB&W and then BofA made it worse by buying their mortgages from TB&W since end Aug/beginning of Sept. 2009, and they filed foreclosure on my in Nov. 2009 when they told me they would have the loan mod done within 45-60days from the end of Sept. 2009 and I was suppose to put my house on the market in Feb./March 2010 but because they have destroyed my credit, I can no longer even get an FHA Loan nor even better than FHA, is a USDA Mortgage too!(they do 102% of house buying IF you qualify financially & the property has to qualify too) But most remote country cities like I live in now, even my house right now for location & Single Family DOES qualify so anybody that wants to buy my house, only has to qualify financially and they will get a 102% loan. This loan requies NO DOWNPAYMENT and the 2% upfront fee(might be changing to 3% now but will still be allowed as a 103% loan) goes into the mortgage if you don’t want to pay cash for the fee. So it is actually better than an FHA loan and you can only make a certain amount of money based on region where you live or want to live. Like if my house was on the market now, I want to move to the Nashville, TN area and I am already looking for many many properties that would fit into the USDA mortgage and since I make less than $76,000 in that area(and that figure keeps going up year after year….and actually that figure is for 2010 when I was suppose to put my house on the market so might be closer to $80,000 by now.

    And if anybody is looking for mortgages to move and you are using a broker like I did when I moved from DE to MD, that freaken broker only gave me an FHA loan(my scores were in high 600’s!!!!! but this is a manufactured 2,072sq.ft. ranch) he NEVER told me about the USDA loan, so I thought I’d be nice and tell you people out there, that there are better mortgages than FHA and the USDA uses almost the same guidelines for credit worthy, and both loans qualify for people that don’t have perfect credit. Any other questions about that I can give you the websites if anybody asks me later.

  2. Mary Marseglia says:

    Why isn’t anybody giving these judges actual documenation of how “Securitization” is illegal here in the US and I believe in other countries too???. I have a 15 page document that explains the actual explanation of securitization, along with 4 short pages that just says what is done, and then I have a 54 page document from an actual attorney who gives stated cases on how securitization is illegal along with small 2 or 3 charts. I have been fighting BofA now for f…….g 3yrs!!!!! They have destroyed my credit and I just learned about this securitization process just a couple months ago and dealing with other personal problems, I have been unable to find an attorney in the state of Maryland to take the case for me against BofA, so I am trying on my own to locate the actual documents to file in court myself for “quiet title” and “nullification of the note”

    If anybody has an answer as to where I can find those documents so that I can file on my own, I’ve been dealing with this on my own since April 2009 with TB&W and then BofA made it worse by buying their mortgages from TB&W since end Aug/beginning of Sept. 2009, and they filed foreclosure on my in Nov. 2009 when they told me they would have the loan mod done within 45-60days from the end of Sept. 2009 and I was suppose to put my house on the market in Feb./March 2010 but because they have destroyed my credit, I can no longer even get an FHA Loan nor even better than FHA, is a USDA Mortgage too!(they do 102% of house buying IF you qualify financially & the property has to qualify too) But most remote country cities like I live in now, even my house right now for location & Single Family DOES qualify so anybody that wants to buy my house, only has to qualify financially and they will get a 102% loan. This loan requies NO DOWNPAYMENT

  3. talktotennessee says:

    A settlement or agreement by the AGs or states would not bind individuals from suing their lender but individual homeowners have a really difficult time ‘standing’ up against a mega bank like B of A with their unlimited legal resources. Most people just don’t have the knowledge, money or support to pursue legal remedy. Few attorneys know either. For one thing B of A and others have done a pretty good job of hoodwinking individual homeowners and covering their tracks. The typical homeowner, particularly in the subprime-Alt A category does not know what to look for in any legal challenge or how to go it alone. The individual always has the fact that he or she signed a contract to pay, and failed, as a major strike against them. Hard to counter regardless of the banks breaking law, which is another cause of action entirely.

    Also, it is one thing to tell people to keep a complete file of every document, letter, phone call, who or what was said, after the fact. Most people won’t recognize what was illegal in a contract or transaction anyway. They would need expert legal evaluation. One tactic was banks hiding behind MERS, trail gone cold, courts disagree who has standing, no one knows who owns right to foreclose, chain of title, etc. We could be looking at fraud and never recognize it. That is how the industry operated, duped people, switched GFE at the table, mortgage brokers sold them out, targeted poor, uneducated, etc.
    No shame in ignorance really, as it looks like the world also missed the scam for the most part, didn’t they?

    • Hell No, No More Bail-OUTS says:

      TTT,

      BofA and BNY-Mellon have a problem with a bunch of mortgages that were written with the LENDER identified as “America’s Wholesale Lender Corporation”. Their problem is that when the loans were originated, there was not any such corporation in the specified state (which just happened to be New York).

      [“Hello, AG Schneiderman?”, “You should really take a good look at these mortgages supposedly in all these various CW trusts.” ,”There really is no way that these loans could possibly be transferred or assigned at all.”, “Just look at all those trusts that have a potential for owing a big bundle of cash since BNY Mellon and CW failed to comply with the IRS rules and the PSA rules and NY corporate Trust rules.”]

      • Hell No, No More Bail-OUTS says:

        Did you guys see that the IRS opened an investigation into the REMIC status of trusts that did not follow the IRS code? Without that, the trusts could owe the US and state governments a huge amount.

        I’m SURE that would bring on a gaggle of law suits from the investors and amendments to a lot of existing ones.

        Sometimes you even say a prayer for the IRS agents. May they have the courage and fortitude to take this on. May the Obama administration stop meddling in what the IRS does to the banksters.

  4. indio007 says:

    I’m sure Moodys will threaten Nevada with a credit downgrade because of this.

  5. Drew says:

    How many lawsuits are there against BOA?

    • Hell No, No More Bail-OUTS says:

      Not enough to put it out of it’s misery yet. Hopefully more will soon be filed and fix that. Even Money-bags Buffet may get burned if those suits keep coming.

      Bring it on banksters and investors and state AGs. On Dancer, on Prancer, on Blikzen, on Cupid, on Rudolf, …. Santa, please keep those suits coming. May it snow legal documents to make an early blizzard in Charlotte.

    • Readdocs says:

      Literally thousands of law suits.
      They need to be drowned in law suits.
      They need to be hounded out of business.
      Investigated, prosecuted, and put into prison.
      ALL OF THEM.

  6. Javagold says:

    BOA sure has alot of fires going at once….hope they burn

  7. Wayne says:

    BRING EM DOWN ….. BANK OF AMERICA DOES NOT DESERVE THE NAME ……. BRING THEM DOWN NOW.

  8. kravitz says:

    BoA constricted?

  9. Tim Bryant says:

    Lots of bad news for Warren Buffett since his misguided investment

    • Nora says:

      Amen. Standing ovation for Nevada. Now give those people defrauded out of their homes the opportunity to persue PUNITIVE DAMAGES in addition to giving them their homes back.

      We need to keep biting these thieves and liars in the ass with litigation and insist on criminal charges.

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