-
Of recent note……
“I lied because I was told to lie.”
bank of america’s senior loan collector admits to lying … – JD Supra
2 days ago – IN RE BANK OF AMERICA HOME AFFORDABLE MODIFICATION PROGRAM ( HAMP) CONTRACT LITIGATION … that was filed in United States District Court for the District of Massachusetts under case number MDL 2193.
Bank of America Treats Desperate Families Making Timely Trial …
17 hours ago – … the Declaration of Simone Gordon, In re Bank of America Home Affordable Modification Program (HAMP) Contract Litigation, MDL No. 2193:.
And so ATTACHED and linked is “More of the Story”
, , ,
Fourth’s A Charm: Another nail in the HAMP litigation coffin, and other lessons
April 29, 2013 Posted by: Brett J. Natarelli, Richard E. Gottlieb
If you’re counting (we are), Spaulding v. Wells Fargo marks the fourth Circuit-level HAMP decision.
Fittingly, it comes from the Fourth Circuit. The borrower’s claims for breach of contract, fraud,
negligence, and unfair and deceptive practices were all dismissed on the pleadings. The borrower in
Spaulding never received a Trial Period Plan (“TPP”), so the major headline from the opinion is that
the court held, absent a TPP, borrowers cannot state claims for alleged violation of HAMP guidelines.
, , ,
______________________________
Hagens Berman Sobol Shapiro LLP.
Bank of America Home Loans (HAMP)
Date Filed: March 22, 2010
Court: U.S. District Court, Seattle, WA
Type of Case: Lending Fraud
Case Number: 10-MD-02193
Status: Active
Company Name: Bank of America
Stock Symbol: NYSE: BAC
The lawsuit charges that Bank of America intentionally postpones homeowners’ requests to modify mortgages, depriving borrowers of federal bailout funds that could save them from foreclosure. The bank ends up reaping the financial benefits provided by taxpayer dollars financing TARP-funds and also collects higher fees and interest rates associated with stressed home loans.
. . .
UPDATES:
August 8, 2011 – Hagens Berman filed a consolidated complaint in the United States District Court for the District of Massachusetts. The complaint consolidates more than 25 different actions.
July 6, 2011 – A federal judge has partially rejected Bank of America’s motion to dismiss the case.
April 6, 2010 – Hagens Berman filed a similar complaint against Bank of America on behalf of all residents in California. Californa residents who believe they were wrongfully declined of a HAMP loan are encouraged to share information regarding the suit.
RELATED DOCUMENTS
MDL2193: In Re: Bank of America Home Affordable Modification Program (HAMP) Contract Litigation
| Case Information | Counsel List | Orders/Opinions | Procedures |
| Upcoming Proceedings | Pacer Dockets | Court Contacts |
| Case Information |
| MDL 2193: In Re: Bank of America Home Affordable Modification Program (HAMP) Contract Litigation
LEAD CASE NUMBER 1:10-md-2193 Plaintiffs in these actions allege that Bank of America To view the docket entries, they can click here. To view the Liason Counsel information, they can click here. To view the Opinions, they can click here. |
:
______________________________
Case MDL No. 2193 Document 22 Filed 10/08/10
Page 1 of 4
IT IS FURTHER ORDERED that the actions listed on
Schedule B are not transferred for inclusion in the
MDL No. 2193 proceedings.
______________________________
|
______________________________
See yellow highlighted filings…some random samplings.
Likely more relevant and salacious details BURIED in
these filings.
In Re: Bank of America Home Affordable Modification Program (HAMP) Contract Litigation
Massachusetts District Court (mad)
Docket Number: 1:10-md-02193
Pacer Case Number: 131942
Date filed: 2010-10-12
Date terminated: None entered
Date last filing: None entered
Document List
This docket is unofficial and may be incomplete or out-of-date. The official docket is available on PACER (fees may apply). For more information, click here1.0 INITIAL MDL Transfer Order in MDL Case 2193 dated 10/8/10…
2.0 Untitled
3.0 MDL Notice re: MDL number 2193 requesting transfer of cas…
4.0 Untitled
5.0 Transfer order in MDL 2193 – CTO-1 dated 11/15/10 from th…
6.0 MOTION for Entry of Case Management Order No. 1 by Diane …
6.1 Untitled
7.0 DECLARATION re 6 MOTION for Entry of Case Management Orde…
7.1 Untitled
7.2 Untitled
8.0 AFFIDAVIT of Steve W. Berman in Support re 6 MOTION for E…
8.1 Untitled
8.2 Untitled
8.3 Untitled
8.4 Untitled
8.5 Untitled
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8.7 Untitled
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9.0 NOTICE of Appearance by Thomas M. Sobol on behalf of Anth…
10.0 Judge Rya W. Zobel: ORDER entered. (Urso, Lisa) (Entered:…
11.0 Conditional Transfer order #2 in MDL 2193 dated 12/9/2010…
12.0 MOTION to Consolidate Cases by Darren Kunsky. (Attachment…
12.1 Untitled
13.0 Transfer order (CTO-3) in MDL 2193 dated 12/29/10 from th…
14.0 AMENDED COMPLAINT (Consolidating Cases) against BAC Home …
14.1 Untitled
14.2 Untitled
14.3 Untitled
14.4 Untitled
14.5 Untitled
14.6 Untitled
14.7 Untitled
14.8 Untitled
15.0 NOTICE of Appearance by Jonathan Shapiro on behalf of Dar…
16.0 Notice re: MDL number 2193 requesting transfer of case fr…
17.0 Assented to MOTION to Consolidate Cases by BAC Home Loans…
17.1 Untitled
18.0 Transcript of Scheduling Conference held on December 1, 2…
19.0 NOTICE is hereby given that an official transcript of a p…
20.0 Judge Rya W. Zobel: ORDER entered. re (17 in 1:10-md-0219…
21.0 MOTION to Dismiss Consolidated Class Action Complaint by …
22.0 MEMORANDUM in Support re 21 MOTION to Dismiss Consolidate…
23.0 DECLARATION re 22 Memorandum in Support of Motion (Declar…
24.0 Notice re: MDL number 2193 requesting transfer of case fr…
25.0 NOTICE by BAC Home Loans Servicing, L.P., Bank of America…
25.1 Untitled
25.2 Untitled
25.3 Untitled
25.4 Untitled
26.0 MEMORANDUM in Opposition re 21 MOTION to Dismiss Consolid…
26.1 Untitled
27.0 Notice re: MDL number 2193 requesting transfer of case fr…
28.0 Conditional Transfer order number 4 in MDL 2193 dated 1/2…
29.0 Conditional Transfer order number 5 in MDL 2193 dated 2/2…
30.0 Conditional Transfer order number 6 in MDL 2193 dated 3/2…
31.0 DECLARATION re 21 MOTION to Dismiss Consolidated Class Ac…
31.1 Untitled
31.2 Untitled
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31.4 Untitled
32.0 REPLY MEMORANDUM in Support re 21 MOTION to Dismiss Conso…
32.1 Untitled
32.2 Untitled
33.0 MOTION for Preliminary Injunction by Consolidated Plainti…
34.0 MEMORANDUM in Support re 33 MOTION for Preliminary Injunc…
34.1 Untitled
34.2 Untitled
35.0 DECLARATION re 33 MOTION for Preliminary Injunction by Co…
35.1 Untitled
36.0 EXHIBIT re 35 Declaration (Exhibit 2 – part 1) by Consoli…
37.0 EXHIBIT re 35 Declaration (Exhibit 2 – part 2) by Consoli…
38.0 EXHIBIT re 35 Declaration (Exhibit 2 – part 3) by Consoli…
39.0 EXHIBIT re 35 Declaration (Exhibit 2 – part 4) by Consoli…
40.0 NOTICE of Appearance by Gretchen Carpenter on behalf of C…
41.0 NOTICE of Appearance by Brian R. Strange on behalf of Con…
42.0 NOTICE of Appearance by Patrick J. Sheehan on behalf of C…
43.0 DECLARATION re 21 MOTION to Dismiss Consolidated Class Ac…
43.1 Untitled
43.2 Untitled
44.0 Letter/request (non-motion) from Tom & Kara Sullivan….
45.0 Assented to MOTION for Extension of Time to April 29, 201…
46.0 NOTICE of Appearance by Patrick Dunlevy on behalf of Cons…
47.0 Opposition re 33 MOTION for Preliminary Injunction filed …
48.0 DECLARATION re 47 Opposition to Motion of Tawnya Schooli…
49.0 DECLARATION re 47 Opposition to Motion of Lourdes Duarte…
50.0 DECLARATION re 47 Opposition to Motion of James W. McGar…
51.0 Transcript of Motion Hearing held on April 7, 2011, befor…
52.0 NOTICE is hereby given that an official transcript of a p…
53.0 Joint MOTION for Protective Order by Consolidated Plainti…
53.1 Untitled
54.0 Assented to MOTION for Leave to File Reply in Support of …
54.1 Untitled
55.0 NOTICE of Appearance by Charles M. Delbaum on behalf of F…
56.0 Judge Rya W. Zobel: ORDER entered. PROTECTIVE ORDER enter…
57.0 REPLY to Response to 33 MOTION for Preliminary Injunction…
58.0 DECLARATION of Ari Brown in Support of Plaintiffs Motion …
58.1 Untitled
59.0 Notice of Supplemental Authorities re 21 MOTION to Dismis…
59.1 Exhibit 1
59.2 Exhibit 2
59.3 Exhibit 3
60.0 Conditional Transfer order number 7 in MDL 2193 dated 5/1…
61.0 Notice re: MDL number 2193 requesting transfer of case fr…
62.0 DECLARATION re 21 MOTION to Dismiss Consolidated Class Ac…
62.1 Exhibit 1
62.2 Exhibit 2
62.3 Exhibit 3
63.0 Notice of Supplemental Authorities re 21 MOTION to Dismis…
64.0 Notice of Supplemental Authorities re 21 MOTION to Dismis…
65.0 MOTION to Consolidate Cases by BAC Home Loans Servicing, …
66.0 Judge Rya W. Zobel: ORDER entered. MEMORANDUM AND DECISIO…
67.0 NOTICE by BAC Home Loans Servicing, L.P., Bank of America…
68.0 Assented to MOTION for Extension of Time to August 29, 20…
69.0 AMENDED COMPLAINT (Second Amended Consolidated Class Acti…
69.1 Exhibit 1
69.2 Exhibit 2
69.3 Exhibit 3
69.4 Exhibit 4
69.5 Exhibit 5
69.6 Exhibit 6
69.7 Exhibit 7
69.8 Exhibit 8
69.9 Exhibit 9
70.0 MOTION for More Definite Statement by Bank of America, N….
71.0 MEMORANDUM in Support re 70 MOTION for More Definite Stat…
72.0 NOTICE of Appearance by Dahlia S. Fetouh on behalf of Ban…
73.0 NOTICE of Appearance by Andrew M. Batchelor on behalf of …
74.0 Assented to MOTION for Extension of Time to September 26,…
75.0 Assented to MOTION for Extension of Time to October 6, 20…
76.0 Conditional Transfer order number 9 in MDL 2193 dated 10/…
77.0 Joint MOTION For Entry of Stipulation and Proposed Order …
78.0 Assented to MOTION for Extension of Time to November 18, …
79.0 Notice re: MDL number 2193 requesting transfer of case fr…
80.0 Judge Rya W. Zobel: ORDER entered. re 77 Joint MOTION For…
81.0 MOTION to Amend Complaint, MOTION to Remand ( Responses d…
82.0 MOTION to Amend Complaint, MOTION to Remand ( Responses d…
83.0 NOTICE of Appearance by Lauren S. Kupersmith on behalf of…
84.0 AMENDED COMPLAINT Third against Defendant Bank of America…
84.1 Untitled
84.2 Untitled
84.3 Untitled
84.4 Untitled
84.5 Untitled
84.6 Untitled
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84.8 Untitled
84.9 Untitled
85.0 APPENDIX/EXHIBIT re 84 Amended Complaint, Third by Consol…
86.0 Errata by Consolidated Plaintiffs to 84 Amended Complaint…
87.0 RESPONSE to Motion re 82 MOTION to Amend Complaint MOTION…
87.1 Untitled
88.0 Assented to MOTION for Extension of Time to December 12, …
89.0 MOTION for Extension of Time to Respond by Bank of Americ…
90.0 Errata by Consolidated Plaintiffs to 86 Errata, Third Ame…
91.0 MOTION to Compel Discovery by Consolidated Plaintiffs.(Ka…
92.0 MEMORANDUM in Support re 91 MOTION to Compel Discovery fi…
93.0 MOTION to Seal Documents by Consolidated Plaintiffs.(Kava…
94.0 ANSWER to Complaint (Answer to Plaintiffs Updated Third A…
95.0 Joint MOTION for Extension of Time to December 30, 2011 t…
96.0 Assented to MOTION to Seal by BAC Home Loans Servicing, …
97.0 Opposition re 91 MOTION to Compel Discovery filed by BAC…
98.0 DECLARATION re 97 Opposition to Motion (Declaration of Ja…
99.0 NOTICE OF MANUAL FILING by BAC Home Loans Servicing, L.P….
100.0 SEALED DOCUMENT: Declaration of James W. McGarry in Suppo…
101.0 SEALED DOCUMENT: Declaration of Lourdes Duarte. (Johnson,…
102.0 SEALED DOCUMENT: Declaration of Shennan Kavanaugh in Supp…
103.0 NOTICE of Change of Address or Firm Name by Gary E. Klein…
104.0 REPLY to Response to 91 MOTION to Compel Discovery filed…
105.0 MOTION to Seal Document 104 Reply to Response to Motion t…
106.0 Proposed Document(s) submitted by Consolidated Plaintiffs…
107.0 AMENDED COMPLAINT , Second against BAC Home Loans Servici…
108.0 Judge Rya W. Zobel: ORDER entered. re 106 Proposed Docume…
109.0 NOTICE of Appearance by John L. McGowan on behalf of Cons…
110.0 Assented to MOTION for Extension of Time to Respond by Ba…
111.0 NOTICE by Consolidated Plaintiffs OF FILING DOCUMENT PROD…
112.0 (Sealed) SECOND DECLARATION of Shennan Kavanaugh re 91 MO…
113.0 MOTION for Leave to File an Amended Complaint and Request…
114.0 MOTION for Leave to Appear Pro Hac Vice for admission of …
115.0 Letter/request (non-motion) from Juventino Maya and Juana…
116.0 Opposition re 113 MOTION for Leave to File an Amended Com…
116.1 Untitled
117.0 Transcript of Telephone Status Conference held on March 2…
118.0 MOTION for Leave to File Reply to Defendant’s Opposition …
118.1 Untitled
118.2 Untitled
119.0 STATUS REPORT by Consolidated Plaintiffs. (Attachments: …
119.1 Untitled
120.0 NOTICE by Bank of America, N.A. of Appearance of Non-Resi…
121.0 REPLY to Response to 113 MOTION for Leave to File an Amen…
122.0 Judge Rya W. Zobel: ORDER entered granting 113 Motion for…
123.0 Judge Rya W. Zobel: ORDER (Suggestion of Remand)entered. …
124.0 NOTICE of Appearance by Michael J. Flannery on behalf of …
125.0 NOTICE of Appearance by Jonathan W. Cuneo on behalf of Co…
126.0 MOTION to Compel Discovery by Consolidated Plaintiffs.(Be…
127.0 REDACTION Memorandum in Support of Plaintiffs’ Motion to …
128.0 DECLARATION re 126 MOTION to Compel Discovery of Tyler We…
128.1 Untitled
128.2 Untitled
128.3 Untitled
128.4 Untitled
128.5 Untitled
128.6 Untitled
129.0 Assented to MOTION to Seal Document 128 Declaration, 127 …
130.0 NOTICE of Appearance by Lee Sherman on behalf of BAC Home…
131.0 NOTICE of Appearance by Sarah W. Lang on behalf of BAC Ho…
132.0 NOTICE of Appearance by Natalie B. Kaminsky on behalf of …
133.0 NOTICE of Appearance by Stephen M. Hoeplinger on behalf o…
134.0 MOTION for Extension of Time to August 20, 2012 to File R…
135.0 MOTION for Extension of Time to August 24, 2012 to Move f…
136.0 MOTION to Seal by BAC Home Loans Servicing, L.P., Bank o…
137.0 MEMORANDUM in Opposition re 126 MOTION to Compel Discover…
137.1 Untitled
138.0 DECLARATION re 137 Memorandum in Opposition to Motion (RE…
138.1 Untitled
Documents in this range may be missing.
138.5 Untitled
138.6 Untitled
138.7 Untitled
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138.10 Untitled
139.0 NOTICE OF MANUAL FILING by BAC Home Loans Servicing, L.P….
140.0 Assented to MOTION to Seal by BAC Home Loans Servicing, …
141.0 MOTION for Protective Order Regarding Confidential Inform…
142.0 MEMORANDUM in Support re 141 MOTION for Protective Order …
142.1 Untitled
143.0 DECLARATION re 141 MOTION for Protective Order Regarding …
143.1 Untitled
144.0 DECLARATION re 141 MOTION for Protective Order Regarding …
144.1 Untitled
145.0 DECLARATION re 141 MOTION for Protective Order Regarding …
145.1 Untitled
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145.11 Untitled
145.12 Untitled
146.0 NOTICE OF MANUAL FILING by BAC Home Loans Servicing, L.P….
147.0 MOTION for Leave to File Reply in Support of Motion to Co…
147.1 Exhibit 1 (Proposed Reply)
147.2 Exhibit 2 (Proposed Weaver Reply Decl.)
148.0 Assented to MOTION to Seal Document 147 MOTION for Leave …
149.0 (SEALED) MEMORANDUM in Support re 126 MOTION to Compel Di…
150.0 REPLY to Response to 126 MOTION to Compel Discovery [Reda…
151.0 DECLARATION re 126 MOTION to Compel Discovery by Consoli…
151.1 Exhibit 18 – 20
152.0 MOTION to Seal Document (Plaintiffs’ Response to Defendan…
153.0 RESPONSE to Motion re 141 MOTION for Protective Order Reg…
154.0 DECLARATION re 153 Response to Motion for Protective Orde…
154.1 Exhibit A
155.0 (SEALED) Opposition re 126 MOTION to Compel Discovery fil…
156.0 (SEALED) MEMORANDUM IN SUPPORT of 126 MOTION to Compel Di…
157.0 (SEALED) REPLY to Response to 126 MOTION to Compel Discov…
158.0 STIPULATION of Dismissal of Plaintiffs Diane Anderson, Ma…
159.0 (SEALED) MEMORANDUM in Support re 141 MOTION for Protecti…
160.0 ELECTRONIC NOTICE Setting Hearing on Motion 126 MOTION to…
161.0 MOTION for Leave to File REPLY IN SUPPORT OF MOTION FOR A…
161.1 Untitled
162.0 Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 161…
163.0 REPLY to Response to 141 MOTION for Protective Order Rega…
164.0 ELECTRONIC Clerk’s Notes for proceedings held before Judg…
165.0 Judge Rya W. Zobel: ELECTRONIC ORDER entered granting 152…
166.0 Transcript of Motion Hearing held on October 10, 2012, be…
167.0 NOTICE is hereby given that an official transcript of a p…
168.0 (Sealed) RESPONSE to Motion re 141 MOTION for Protective …
169.0 (Sealed) EXHIBIT B to Declaration of Ari Brownre 168 Resp…
170.0 NOTICE of Condition Remand Order received from the MDL Pa…
171.0 Judge Rya W. Zobel: MEMORANDUM OF DECISION entered granti…
172.0 NOTICE of Withdrawal of Appearance by James W. Purcell (…
173.0 ELECTRONIC NOTICE of Hearing. Status Conference set for 1…
174.0 ELECTRONIC Clerk’s Notes for proceedings held before Judg…
175.0 Judge Rya W. Zobel: ELECTRONIC ORDER entered granting (14…
176.0 Transcript of Telephone Status Conference held on Novembe…
177.0 NOTICE is hereby given that an official transcript of a p…
178.0 STIPULATION of Dismissal of Plaintiffs James Cooley and M…
179.0 NOTICE of Withdrawal of Appearance by Gary E. Klein (Kle…
180.0 ELECTRONIC Clerk’s Notes for proceedings held before Judg…
181.0 MOTION to Compel by Consolidated Plaintiffs.(Costello, K…
182.0 MEMORANDUM in Support re 181 MOTION to Compel filed by …
183.0 DECLARATION re 181 MOTION to Compel (Declaration) of Kev…
183.1 Untitled
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184.0 MOTION for Extension of Time to File Response/Reply as to…
184.1 Untitled
184.2 Untitled
184.3 Untitled
184.4 Untitled
184.5 Untitled
185.0 RESPONSE to Motion re 184 MOTION for Extension of Time to…
186.0 Judge Rya W. Zobel: ENDORSED ORDER entered granting 184 M…
187.0 MOTION for Leave to Appear Pro Hac Vice for admission of …
187.1 Untitled
188.0 STATUS REPORT [JOINT] by Consolidated Plaintiffs. (Weaver…
189.0 MEMORANDUM in Opposition re 181 MOTION to Compel filed …
190.0 DECLARATION re 189 Memorandum in Opposition to Motion of …
190.1 Exhibit A
190.2 Exhibit B
190.3 Exhibit C
190.4 Exhibit D
190.5 Exhibit E
191.0 DECLARATION re 189 Memorandum in Opposition to Motion of …
192.0 STATUS REPORT [SUPPLEMENT TO JOINT STATUS REPORT] by Cons…
193.0 MOTION for Leave to File Reply Memorandum of 5 pages by C…
193.1 Exhibit 1 – Proposed Reply Memorandum
194.0 ELECTRONIC Clerk’s Notes for proceedings held before Judg…
195.0 STIPULATION of Dismissal of Plaintiff Deborah Gaffey by C…
196.0 Judge Rya W. Zobel: ORDER entered. SCHEDULING ORDER ENTER…
197.0 REPLY to Response to 193 MOTION for Leave to File Reply M…
198.0 Transcript of Telephone Status Conference held on January…
199.0 NOTICE is hereby given that an official transcript of a p…
200.0 Untitled
http://www.jdsupra.com/legalnews/bank-of-americas-case-management-team-75366
DECLARATION of WILLIAM E. WILSON JR. BANK OF AMERICA’S CASE MANAGEMENT TEAM MANAGER AND UNDERWRITER
ADMITS TO BLITZ BY “CLEAN OUT” OF BACKLOGGED HAMP APPLICATIONS THAT WERE MORE THAN 60 DAYS OLD
http://www.scribd.com/doc/148166871/in-Re-Bank-of-America-Hamp-Contract-Litigation-Re-Declaration-of-William-Wilson-Jr-Dated-June-5-2013