Bank of America Faces Home Loan Modification Class Action

- by

St. Louis, MO: Bank of America (BoA) and BAC Home Loans Servicing are facing a potential class action lawsuit over allegations that they refused to participate in foreclosure prevention programs even though they had accepted $25 billion in financing from the federal government through the Troubled Asset Relief Program (TARP).

Lead plaintiff Susan Fraser claims that by taking the TARP funds BoA agreed to participate in at least one TARP—authorized program to minimize foreclosures. In April 2007, BoA signed a contract with the US Treasury stating that it would comply with the Home Affordable Modification Program (HAMP) to perform loan modifications and other foreclosure prevention services. The suit further claims that the HAMP program requires BoA to identify loans that are subject to modification; collect financial and other personal information from the homeowners to evaluate whether the homeowner is eligible for modification; institute a modified loan with a reduced payment amount as per a mandated formula that is effective for a three-month trial period; and provide a permanently modified loan to those homeowners who comply with the requirements during the trial period.

"Though Bank of America accepted $25 billion in TARP funds and entered into a contract obligating itself to comply with the HAMP directives and to extend loan modifications for the benefit of distressed homeowners, Bank of America has systematically failed to comply with the terms of the HAMP directives and has regularly and repeatedly violated several of its prohibitions," the complaint states.

The complaint also states, "Bank of America's delay and obstruction tactics have taken various forms with the common result that homeowners with loans serviced by Bank of America, who are eligible for permanent loan modifications, and who have met the requirements for participation in the HAMP program, have not received permanent loan modifications to which they are entitled."

The class consists of all eligible homeowners who have been serviced by one or both defendants who have not received a permanent modified loan. The class seeks an injunction and damages.


If you or a loved one has suffered damages in this case, please fill in our form on the right and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.

Reader Comments

Posted by

Bank of America did the same thing to us as they did to many others, we applied for a modification, modification rejected, received foreclosure notifications, sent in modification again set our payments at twice as much, charged us interest, and attorney fees of in the hundred thousand dollar range and granted us a modification that was double what we were paying. they sent us to foreclosure again and when I complained to senators etc, 10 days before we were to be foreclosed on they sold our loan so that we could not stop the foreclosure, they ended up giving us a grace period to file yet another modification. We are still battling to keep our home, currently do to the fees and interest BOA charged we may have no choice but to short sale or just let them foreclose.

Posted by

Bank of America foreclosed on my home after months and months of the loan modification run around. I even sent them partial payments of my mortgage to which they returned stating they never accept partial payments. They stated they never received my paperwork, so I sent it certified to no advancement or assistance at any time what so ever. My mother who had muscular dystrophy and my aging father were living with me so I could help them. We did not receive a bit of help, period.

Add Your Comment on This Issue

Please read our comment guidelines before posting.

Note: Your name will be published with your comment.

Your email will only be used if a response is needed.

Request Legal Help