President Obama: Make the Banks Refinance Our Loans under the Making Home Affordable Program Before the June 2012 Deadline
Bank of America has Caused Undue Stress to our Young Family, for Nearly Two and Half Years: We are normal people appalled that B of A can treat us this way; we pay our mortgage, make a decent wage, are not really after the money here; what we are affronted about is how Bank of America can so easily ride roughshod over our basic rights as citizens. We feel like we are no longer treated as citizens, not even consumers, we are just being consumed. It makes my partner Danae and I mad that we gave them our taxes to bail them out, yet they have stolen at least $7,200 dollars from us since they misled us in 2009, more if we include the fraud beginning in 2007.
To Danae and I this seems impossible, how can we give them our hard earned wages while they steal from us behind our backs? How can they renege on our contract by lying to us (placing LMPI on our loan in 2007), and then use this act of fraud as a reason why we don't qualify in 2009 for the HARP program? This is quite shocking when you think about it, even a petty thief does not do the same joint twice! And, how can my congressman, the DC Comptrollers Office, the Oregon State Attorney Generals Office, and two attorneys tell me they understand our case is cut-and-dried, but are unable to take any action against B of A? My family has no one, seriously, no one we can turn to, yet B of A appears to have congress, the DC Comptrollers Office, attorneys all in their pocket.
Please call BofA Vice Chairman, Dan Peril: 972 526 1685 and feel free to ask him about the following four points. I would be very interested to hear from you what he has to say, he is not replying to my calls --maybe you can help me make the difference:
1. B of A Systematically Lying: B of A in 2009 said we were in phase II of the Making Home Affordable Program so we would have to wait. Later they said I did not qualify because I had Lenders Paid Mortgage Insurance (LPMI). They are now claiming I don't qualify because I took out a "special" No Fee Mortgage with them. They can never explain the reason behind these decisions, they tell me they will look into it, but just end up passing me on to someone else, who always has no knowledge of our case.
2. B of A Committing an act of Fraud: Fraudulently placing LMPI on our mortgage (see evidence in email from B of A below): Despite two years of asking, B of A has still not been able to provide us with any proof that I have LPMI on my loan. They say it is on our loan, but have been unable to send a single document that shows we have it. When they tell me they "placed it on our loan," I point out to them that this is illegal under the 1988 Homeowners Act, it is an act of fraud, but they do not seem to get this part!
3. B of A Changing the Contract Signed Between Us Behind my Back: To us this beggars belief. Surely this is a basic tenant of how society functions, going back millennia. You shake hands, spit, sign a piece of paper; to commit two parties to a binding contract. How can B of A just ignore this and place mortgage insurance on my loan without telling me (by hiding it in the percentage points so I can never get it off my loan). It is an affront to society that they have done this with apparently 100,000 to 200,000 people and can get away with it in broad daylight (according to attourney D. H. Blue).
4. Two Years and Five Months of Obfuscating: How can it take B of A this long to solve our case? Apparently there are many more like us in the same boat. As you can see from the attached notes I started with a loan officer, and made it all the way up through many, many layers to the Vice Chairman, Dan Peril, only to be passed back down via four layers to a loan officer, Ebony, who advised me last month, "I am sorry, I know nothing about your case."
Best Regards and Many Thanks,
N.B. Email Evidence of No Mortgage Insurance from Mark email@example.com
to "Osburn, Ryan S"
date Sun, Jun 24, 2007 at 4:58 PM
subject Re: Purchase
We had an offer accepted on a house . Can you give us quotes as listed below.
Also, can you answer the following questions:
1. In your quotes are there any hidden costs, like recording fees
escrow fees, tax service fee?
2. Is there mortgage insurance to pay on the 90% and 95% loans and if
so, how much?
3. Is there a charge for not asking for Property tax reserves and
hazard insurance reserves?
4.We will need to have the loan ready to go for title on July 20th.
Will this work with your schedule?
5. Is there any penalty for early payment of the loan?
On Mon, Jun 25, 2007 at 7:21 AM, Osburn, Ryan S: firstname.lastname@example.org> wrote:
> Here are the rates for today...
> 1. There are no hidden cost, all of fees you listed on your email are on
> the Good faith estimate.
> 2. There is no Mortgage insurance.
> 3. No charge if you do not escrow your taxes and insurance.
> 4. July 20th should not be a problem if we get the contract by tomorrow.
> 5. No prepayment penalty.
> Let me know if you have any other question.
President Obama: Make the Banks Refinance Our Loans under the Making Home Affordable Program
My family, like thousands of other Americans, have a loan with Bank of America and have been trying to refinance under the Making Homes Affordable Refinance Program for over two years. Yet, we are apparently disqualified for the HARP Refinance program because according to B of A we have Lenders Paid Mortgage Insurance on the Loan. In truth, Bank of America has made a Fraudulent Misrepresentation Regarding Mortgage Insurance on our loans and Failed to Provide Required Notice Under the Homeowners Protection Act of 1998. WeI are hoping you can support us in this case so that it might help many other people in a similar situation and highlight the real reason why the HARP program is not working for a large majority of people. It is thought up to 200,000 people in 25 states who have the same loan as me are affected (see: http://martinwrenlaw.com/wordpress/2011/04/martinwren-p-c-obtains-confidential-settlement-in-mortgage-fraud-and-lpmi-case/)
After two years of trying to get B of A to refinance our own loan through the HARP program I turned to the Oregon State Attorney Generals Office. The State Attorney Generals Office then contacted the Vice Chairman of B of A, Dan Peril, on our behalf to state our case three months ago as they advised B of A can’t claim they “have placed LPMI on the loan,” it is an act of fraud to do so. A representative from the Vice Chairman’s office rang us back and said they were looking into our case to see if they could figure out an adjustment for us. Unfortunately, they are just passing us from one person to the next and refusing to give us an answer.
Can you help us with this case so that it might help many other people in a similar situation and highlight the real reason why the HARP program is not working for up to 200,000 people like myself.