joinder cases now forming

27 Jan

Group Seeking Plaintiffs In Massive Lawsuit Against Bank of America (Countrywide) / Chase / Wells Fargo / Citi / Onewest / GMAC

We are currently seeking homeowners in the State of California, to join our legal action against PREDATOR BANKS, for their complicity in the massive mortgage fraud schemes, known as ‘Mortgage Gate’:

The time has finally come! Law suits are exploding all over the country, because … We The People … are now going to fight back. We are going after the following banks:

Bank of America (Countrywide) / Chase / Wells Fargo / Citi / Onewest / GMAC.

Below is the link to the case Stien firm filed last summer. It’s the 117 page Complaint against Bank of America: Ronald, et al vs. Bank of America (Countrywide), Case No. BC409444.

This case is a ‘joinder’ with currently 1,100 homeowners already onboard. Joinders are different than class actions in that, clients receive only a small share of the winnings in a class action. Eg: $100 out of a $5 Million settlement. In a joinder, however, each Complaint is settled SEPARATELY, according to the damages they directly sustained. And yet, the entire group is represented under one Complaint.

Recently our clients racked up some really great, CONSECUTIVE WINS against B of A. Take a look:

1. Five injunctions.

2. The order of Judge Chaney RESCINDING 9 notices of default (never before done in California legal history).

3. An order “Ordering Bank of America” to submit to discovery. (Heretofore, they had the audacity to refuse furnishing proof that they actually “owned” the property they stole from homeowners.)

4. An order throwing Bank of America’s motion out of Federal Court, because Ronald et al v. Bank of America is not “Preempted by Federal Law.”

5. And COUNTLESS additional orders to stop homes from being sold.

In addition, our attorneys are demanding various damages, deepening upon each unique situation of the homeowner. Those being:

1. Monetary compensation for those already foreclosed upon.
2. Principle reduction to 80% or less than current market value
3. FULL Lien striping

Folks, I’m a legal assistant and former loan modification processor. Like you, I’ve seen it all.

Let me tell you what happened to one of my clients, Mr. Flores, of Orange County, CA. Mr. Flores is a small business owner (“Beach Transmission” … cross street Lampson). He owns a little transmission shop on Beach Boulevard. He has been renting out two units at his shop for well over ten years. Mr. Flores collects $3,600 in rent each month from his two shop tenants. During the entire ten years, the IRS recognized this as certifiable INCOME on his tax returns.

But when Mr. Flores applied for a home-loan modification with Bank of America, they refused to recognize his shop rentals as income (even though the IRS has for years!). As a result, B of A tabulated his income as NEGATIVE $1,500 because they refused to factor in his $3,600 of rental income. Mr. Flores didn’t qualify for the modification, couldn’t keep up the payments, and they sold his house.

To add insult to injury, the B of A rep told me, bold-faced, over the phone that …”Mr. Flores is a high risk mortgagor according to our charts.”

I asked the rep what he meant by ‘charts’ and he said…”Well, we check the SPENDING HABITS of each borrower by age, marital status, number of children, line of work, and income, in that particular neighborhood to see who is most likely to default on a loan, or not.”

We had this person on speaker-phone and our whole office was SPEECHLESS! Were these charts part of the Lehman Brothers’ BETS that they placed against your neighborhood? (You saw the documentary on MSNBC, right?)

In other words, banks have also been foreclosing on you, not based on your income and ability to pay, but on PROBABILITY CHARTS that suggest you’re a dead-beat … based on what your neighbor down the street did.

And that was a day in the life of a loan modification processor, like me. Well, all that is about to change, folks. Just today, my colleagues told me, there is talk on several business blogs that some of the bank CEO’s are about to be indicted and will have to go to prison.

3 Responses to “joinder cases now forming”

  1. Stanley Putra January 27, 2011 at 9:52 pm #

    Tired of listening to Fla and Ca and Ma We are in Wis and eating shit from the judges

    • Vickie Barker January 30, 2011 at 1:26 am #

      I’ve e-mailed the requested files, Deed of trust, Foreclosure Notice, Trustee Sale, new Deed of Trust with Deutche Bank as buyer and seller of my home. We’ve already been served the UD, filed a demur pro se, it was overruled, found an attorney that is trying her best to help but knows little of the process and procedure that will best suit this situation. She did get an answer filed, but we were insulted by the judge at the hearing and the judge ruled possession to Deutsche bank.

      Now we are waiting for the sheriff to serve the writ. Not sure what to do at this point. We can try to get a stay on Monday, not sure what that is yet.

      Are there any California cases that would serve us in the area of stopping the writ of possession. Maybe the stay and an appeal to the Judge’s decision last Monday?

      Seems a narrow and focused review of title in an UD case when the tenant is actually the property owner, should be a bit more focused on the title ownership prior to the sale. The judge never took that into consideration at all. She looked at only the date of the foreclosure, date of sale and the new Deed of Trust. Wouldn’t one think that the legislative intent in UD with homeowners must have been a bit deeper than that? Wouldn’t they have to look at the legal title to the deed of trust at the time of foreclosure, and at least at the time of the sale?

      What a boondoggle the bank has pulled. They transferred this loan around so that they were both the seller and the buyer. Am sure it will be a great tax write off for them, but it has taken another family home.

      Is there a remedy for this insanity that our own local courts are not only not helping, they are aiding a corrupt illegal act by these banks in their mortage processes with no remedy for their own residents. Amazing isn’t it?

  2. Jesse May 19, 2011 at 11:35 am #

    I have sone questions for you and would like to pick your brain… Call me 714-812-5617

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