CLASS ACTION FORM: HAMP and UNJUST ENRICHMENT

class_action_against_boa1_kahlo HAMP

Editor’s Note: Excellent Pleading on HAMP, TARP and related matters. They also bring up unjust enrichment which might also be applicable to the receipt and non-disclosure of third party payments.

Good facts on illicit “modification” practices and the reasons why the modifications usually don’t become permanent.

KAMIE KAHLO and DANIEL KAHLO, on
behalf of themselves and all others similarly
situated,
Plaintiffs,
v.
BANK OF AMERICA, N.A. and BAC

HOME LOANS SERVICING, LP,
Defendants

HAGENS BERMAN SOBOL SHAPIRO LLP
By: s/ Steve W. Berman
Steve W. Berman, WSBA #12536
Ari Y. Brown, WSBA #29570
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, Washington 98101
(206) 623-7292
steve@hbsslaw.com
ari@hbsslaw.com

6 Responses

  1. Does anyone know the final disposition of this case or is it still pending? I contacted Hagen-Berman et al firm many times but they would not get back to me. I had one of the loans CWALT 2005-26CB and Bank of America through Shellpoint Mortgage forced me to sell that one property including nearly a $40,000 loss because B of A and Shellpoint refused to work with me starting in late 2011 and going all the way until April of 2015 when I luckily sold this home taking the loss to avoid foreclosure.

    I am sure everyone is fully aware of the terrible reputation of Bank of America which was the subject of thousands of complaints to the CFPB and the $100 BILLION DOLLARS B of A has paid to date in penalties, fines, settlements on hundreds of not thousands of lawsuits and they are still getting away with this. There should be a national moratorium on any B of A foreclosure actions in our nation, as B of A has taken hundreds of thousands of homes from innocent property owners and they were given $45 BILLION in bail out money to help property owners and two huge settlements with the USDOJ that they apparently are not following which totaled close to $25 BILLION in the Mortgage Settlement Act of 2012 and the supposed epic settlement between the USDOJ and B of A for nearly $17 BILLION and allegedly no proper tracking of all this money to help property owners in America. In my humble opinion B of A and many others should not be allowed in any Court with “clean hands”. States like Montana have taken great action to combat lenders like B of A in the Morrow V. B of A case- a must read and the Montana AG even filing an Amicus Brief in support of the Morrows that resulted in an out of court private and confidential settlement once the case was kicked down to the lower court for a jury trial.

    In Colorado we are all shafted because of Rule 120 and the fact that Colorado allows blank endorsements on notes. Judges are allowed to cite this rule and not even hear sound and valid arguments against a lender foreclosing on property in Colorado and NO one, including all the phone Congress people will do anything in defense of property owners in Colorado. Really sad and unfortunate for us property owners in Colorado.

  2. Class Action Forming-Several Homeowners already onboard.

    Bank of America. “The Bank That Has America In It’s Name but Not In It’s Heart” Did you receive a notice from Bank of America on or about July 1, 2011 notifying yuo that all future payments are to be sent to Bank of America N.A. instead of the former BAC Home Loans. Well, the reason for this was they are grouping bad loans in the new company, either for acceleration or forclosure.

    They recently had to conform to a settlement request from Bank of New York Mellon, who is the trustee for numerous pools of securtized mortgages.

    The pool numbers or batches are below:

    If you have this appearing on page 2, section b then you must fight this settlement, it’s designed to speed up foreclosure and get you out of your home faster, delay or eliminate the modification process and lessen your rights to practically a non-existent state. If you’ve also been denied a modification, you went through hell in the process only to be be denied, you were granted a trial and then they cancelled you from the program even when you were making payments on time, you have fraudulent documnents in your file or they mistreated you during any part of the process, this would be a plus.

    If you wish to join a class action lawsuit to sue for damages and an amply principal reduction, then please email or call us. We presently have several homeowners already on board and all are welcome to become part of it. We will not suggest you check the numbers below: WALT CWALT 2005-22T1 CWALT 2005-76 CWALT 2006-40T1 CWALT 2004-10CB CWALT 2005-23CB CWALT 2005-77T1 CWALT 2006-41CB CWALT 2004-12CB CWALT 2005-24 CWALT 2005-79CB CWALT 2006-42 CWALT 2004-13CB CWALT 2005-25T1 CWALT 2005-7CB CWALT 2006-43CB CWALT 2004-14T2 CWALT 2005-26CB CWALT 2005-80CB CWALT 2006-45T1 CWALT 2004-15 CWALT 2005-27 CWALT 2005-81 CWALT 2006-46 CWALT 2004-16CB CWALT 2005-28CB CWALT 2005-82 CWALT 2006-4CB CWALT 2004-17CB CWALT 2005-29CB CWALT 2005-83CB CWALT 2006-5T2 CWALT 2004-18CB CWALT 2005-30CB CWALT 2005-84 CWALT 2006-6CB CWALT 2004-20T1 CWALT 2005-31 CWALT 2005-85CB CWALT 2006-7CB CWALT 2004-22CB CWALT 2005-32T1 CWALT 2005-86CB CWALT 2006-8T1 CWALT 2004-24CB CWALT 2005-33CB CWALT 2005-9CB CWALT 2006-9T1 CWALT 2004-25CB CWALT 2005-34CB CWALT 2005-AR1 CWALT 2006-HY10 CWALT 2004-26T1 CWALT 2005-35CB CWALT 2005-IM1 CWALT 2006-HY11 CWALT 2004-27CB CWALT 2005-36 CWALT 2005-J1 CWALT 2006-HY12 CWALT 2004-28CB CWALT 2005-37T1 CWALT 2005-J10 CWALT 2006-HY13 CWALT 2004-29CB CWALT 2005-38 CWALT 2005-J11 CWALT 2006-HY3 CWALT 2004-2CB CWALT 2005-3CB CWALT 2005-J12 CWALT 2006-J1 CWALT 2004-30CB CWALT 2005-4 CWALT 2005-J13 CWALT 2006-J2 CWALT 2004-32CB CWALT 2005-40CB CWALT 2005-J14 CWALT 2006-J3 CWALT 2004-33 CWALT 2005-41 CWALT 2005-J2 CWALT 2006-J4 CWALT 2004-34T1 CWALT 2005-42CB CWALT 2005-J3 CWALT 2006-J5 CWALT 2004-35T2 CWALT 2005-43 CWALT 2005-J4 CWALT 2006-J6 CWALT 2004-36CB CWALT 2005-44 CWALT 2005-J5 CWALT 2006-J7 CWALT 2004-3T1 CWALT 2005-45 CWALT 2005-J6 CWALT 2006-J8 CWALT 2004-4CB CWALT 2005-46CB CWALT 2005-J7 CWALT 2006-OA1 CWALT 2004-5CB CWALT 2005-47CB CWALT 2005-J8 CWALT 2006-OA10 CWALT 2004-6CB CWALT 2005-48T1 CWALT 2005-J9 CWALT 2006-OA11 CWALT 2004-7T1 CWALT 2005-49CB CWALT 2006-11CB CWALT 2006-OA12 CWALT 2004-8CB CWALT 2005-50CB CWALT 2006-12CB CWALT 2006-OA14 CWALT 2004-9T1 CWALT 2005-51 CWALT 2006-13T1 CWALT 2006-OA16 CWALT 2004-J10 CWALT 2005-52CB CWALT 2006-14CB CWALT 2006-OA17 CWALT 2004-J11 CWALT 2005-53T2 CWALT 2006-15CB CWALT 2006-OA18 CWALT 2004-J12 CWALT 2005-54CB CWALT 2006-16CB CWALT 2006-OA19 CWALT 2004-J13 CWALT 2005-55CB CWALT 2006-17T1 CWALT 2006-OA2 CWALT 2004-J2 CWALT 2005-56 CWALT 2006-18CB CWALT 2006-OA21 CWALT 2004-J3 CWALT 2005-57CB CWALT 2006-19CB CWALT 2006-OA22 CWALT 2004-J4 CWALT 2005-58 CWALT 2006-20CB CWALT 2006-OA3 CWALT 2004-J5 CWALT 2005-59 CWALT 2006-21CB CWALT 2006-OA6 CWALT 2004-J6 CWALT 2005-60T1 CWALT 2006-23CB CWALT 2006-OA7 CWALT 2004-J7 CWALT 2005-61 CWALT 2006-24CB CWALT 2006-OA8 CWALT 2004-J8 CWALT 2005-62 CWALT 2006-25CB CWALT 2006-OA9 CWALT 2004-J9 CWALT 2005-63 CWALT 2006-26CB CWALT 2006-OC1 CWALT 2005-10CB CWALT 2005-64CB CWALT 2006-27CB CWALT 2006-OC10 CWALT 2005-11CB CWALT 2005-65CB CWALT 2006-28CB CWALT 2006-OC11 CWALT 2005-13CB CWALT 2005-66 CWALT 2006-29T1 CWALT 2006-OC2 CWALT 2005-14 CWALT 2005-67CB CWALT 2006-2CB CWALT 2006-OC3 CWALT 2005-16 CWALT 2005-69 CWALT 2006-30T1 CWALT 2006-OC4 CWALT 2005-17 CWALT 2005-6CB CWALT 2006-31CB CWALT 2006-OC5 CWALT 2005-18CB CWALT 2005-70CB CWALT 2006-32CB CWALT 2006-OC6 CWALT 2005-19CB CWALT 2005-71 CWALT 2006-33CB CWALT 2006-OC7 CWALT 2005-1CB CWALT 2005-72 CWALT 2006-34 CWALT 2006-OC8 CWALT 2005-2 CWALT 2005-73CB CWALT 2006-35CB CWALT 2006-OC9 CWALT 2005-20CB CWALT 2005-74T1 CWALT 2006-36T2 CWALT 2007-10CB CWALT 2005-21CB CWALT 2005-75CB CWALT 2006-39CB CWALT 2007-11T1 1 EXHIBIT A CWALT 2007-12T1 CWHL 2004-16 CWHL 2005-29 CWHL 2007-14 CWALT 2007-13 CWHL 2004-18 CWHL 2005-3 CWHL 2007-15 CWALT 2007-14T2 CWHL 2004-19 CWHL 2005-30 CWHL 2007-16 CWALT 2007-15CB CWHL 2004-2 CWHL 2005-31 CWHL 2007-17 CWALT 2007-16CB CWHL 2004-20 CWHL 2005-5 CWHL 2007-18 CWALT 2007-17CB CWHL 2004-21 CWHL 2005-6 CWHL 2007-19 CWALT 2007-18CB CWHL 2004-22 CWHL 2005-7 CWHL 2007-2 CWALT 2007-19 CWHL 2004-23 CWHL 2005-9 CWHL 2007-20 CWALT 2007-1T1 CWHL 2004-24 CWHL 2005-HYB10 CWHL 2007-21 CWALT 2007-20 CWHL 2004-25 CWHL 2005-HYB1 CWHL 2007-3 CWALT 2007-21CB CWHL 2004-29 CWHL 2005-HYB2 CWHL 2007-4 CWALT 2007-22 CWHL 2004-3 CWHL 2005-HYB3 CWHL 2007-5 CWALT 2007-23CB CWHL 2004-4 CWHL 2005-HYB4 CWHL 2007-6 CWALT 2007-24 CWHL 2004-5 CWHL 2005-HYB5 CWHL 2007-7 CWALT 2007-25 CWHL 2004-6 CWHL 2005-HYB6 CWHL 2007-8 CWALT 2007-2CB CWHL 2004-7 CWHL 2005-HYB7 CWHL 2007-9 CWALT 2007-3T1 CWHL 2004-8 CWHL 2005-HYB8 CWHL 2007-HY1 CWALT 2007-4CB CWHL 2004-9 CWHL 2005-J1 CWHL 2007-HY3 CWALT 2007-5CB CWHL 2004-HYB1 CWHL 2005-J2 CWHL 2007-HY4 CWALT 2007-6 CWHL 2004-HYB2 CWHL 2005-J3 CWHL 2007-HY5 CWALT 2007-7T2 CWHL 2004-HYB3 CWHL 2005-J4 CWHL 2007-HY6 CWALT 2007-8CB CWHL 2004-HYB4 CWHL 2006-1 CWHL 2007-HY7 CWALT 2007-9T1 CWHL 2004-HYB5 CWHL 2006-10 CWHL 2007-HYB1 CWALT 2007-AL1 CWHL 2004-HYB6 CWHL 2006-11 CWHL 2007-HYB2 CWALT 2007-HY2 CWHL 2004-HYB7 CWHL 2006-12 CWHL 2007-J1 CWALT 2007-HY3 CWHL 2004-HYB8 CWHL 2006-13 CWHL 2007-J2 CWALT 2007-HY4 CWHL 2004-HYB9 CWHL 2006-14 CWHL 2007-J3 CWALT 2007-HY6 CWHL 2004-J2 CWHL 2006-15 CWHL 2008-1 CWALT 2007-HY7C CWHL 2004-J3 CWHL 2006-16 CWL CWALT 2007-HY8C CWHL 2004-J4 CWHL 2006-17 CWL 2004-1 CWALT 2007-HY9 CWHL 2004-J5 CWHL 2006-18 CWL 2004-10 CWALT 2007-J1 CWHL 2004-J6 CWHL 2006-19 CWL 2004-11 CWALT 2007-J2 CWHL 2004-J7 CWHL 2006-20 CWL 2004-12 CWALT 2007-OA10 CWHL 2004-J8 CWHL 2006-21 CWL 2004-13 CWALT 2007-OA11 CWHL 2004-J9 CWHL 2006-3 CWL 2004-14 CWALT 2007-OA2 CWHL 2005-1 CWHL 2006-6 CWL 2004-15 CWALT 2007-OA3 CWHL 2005-10 CWHL 2006-8 CWL 2004-2 CWALT 2007-OA4 CWHL 2005-11 CWHL 2006-9 CWL 2004-3 CWALT 2007-OA6 CWHL 2005-12 CWHL 2006-HYB1 CWL 2004-4 CWALT 2007-OA7 CWHL 2005-13 CWHL 2006-HYB2 CWL 2004-5 CWALT 2007-OA8 CWHL 2005-14 CWHL 2006-HYB3 CWL 2004-6 CWALT 2007-OA9 CWHL 2005-15 CWHL 2006-HYB4 CWL 2004-7 CWALT 2007-OH1 CWHL 2005-16 CWHL 2006-HYB5 CWL 2004-8 CWALT 2007-OH2 CWHL 2005-17 CWHL 2006-J1 CWL 2004-9 CWALT 2007-OH3 CWHL 2005-18 CWHL 2006-J2 CWL 2004-AB1 CWHEL CWHL 2005-2 CWHL 2006-J3 CWL 2004-AB2 CWHEL 2006-A CWHL 2005-20 CWHL 2006-J4 CWL 2004-BC2 CWHEL 2007-G CWHL 2005-21 CWHL 2006-OA4 CWL 2004-BC3 CWHL CWHL 2005-22 CWHL 2006-OA5 CWL 2004-BC4 CWHL 2004-10 CWHL 2005-23 CWHL 2006-TM1 CWL 2004-BC5 CWHL 2004-11 CWHL 2005-24 CWHL 2007-1 CWL 2004-ECC1 CWHL 2004-12 CWHL 2005-25 CWHL 2007-10 CWL 2004-ECC2 CWHL 2004-13 CWHL 2005-26 CWHL 2007-11 CWL 2004-S1 CWHL 2004-14 CWHL 2005-27 CWHL 2007-12 CWL 2004-SD2 CWHL 2004-15 CWHL 2005-28 CWHL 2007-13 CWL 2004-SD3 2 EXHIBIT A CWL 2004-SD4 CWL 2006-4 CWL 2005-1 CWL 2006-5 CWL 2005-10 CWL 2006-6 CWL 2005-11 CWL 2006-7 CWL 2005-12 CWL 2006-8 CWL 2005-13 CWL 2006-9 CWL 2005-14 CWL 2006-ABC1 CWL 2005-15 CWL 2006-BC1 CWL 2005-16 CWL 2006-BC2 CWL 2005-17 CWL 2006-BC3 CWL 2005-2 CWL 2006-BC4 CWL 2005-3 CWL 2006-BC5 CWL 2005-4 CWL 2006-IM1 CWL 2005-5 CWL 2006-QH1 CWL 2005-6 CWL 2006-SD1 CWL 2005-7 CWL 2006-SD2 CWL 2005-8 CWL 2006-SD3 CWL 2005-9 CWL 2006-SD4 CWL 2005-AB1 CWL 2006-SPS1 CWL 2005-AB2 CWL 2006-SPS2 CWL 2005-AB3 CWL 2007-1 CWL 2005-AB4 CWL 2007-10 CWL 2005-AB5 CWL 2007-11 CWL 2005-BC1 CWL 2007-12 CWL 2005-BC2 CWL 2007-13 CWL 2005-BC3 CWL 2007-2 CWL 2005-BC4 CWL 2007-3 CWL 2005-BC5 CWL 2007-4 CWL 2005-HYB9 CWL 2007-5 CWL 2005-IM1 CWL 2007-6 CWL 2005-IM2 CWL 2007-7 CWL 2005-IM3 CWL 2007-8 CWL 2005-SD1 CWL 2007-9 CWL 2005-SD2 CWL 2007-BC1 CWL 2005-SD3 CWL 2007-BC2 CWL 2006-1 CWL 2007-BC3 CWL 2006-10 CWL 2007-SD1 CWL 2006-11 CWL 2007-SEA1 CWL 2006-12 CWL 2007-SEA2 CWL 2006-13 CWL 2006-14 CWL 2006-15 CWL 2006-16 CWL 2006-17 CWL 2006-18 CWL 2006-19 CWL 2006-2 CWL 2006-20 CWL 2006-21 CWL 2006-22 CWL 2006-23 CWL 2006-24 CWL 2006-25 CWL 2006-26 CWL 2006-3 3

  3. Please help me Bank of America has started floreclosure proceedings on my home. I did a loan modification 07/09 and was approved. This past Aug I received a letter from a collection agency and was told I was in foreclosure. I have been passed from person to person, with no concrete answers. I have not missed a payment, have an acceptance letter, but was told investors pulled out in 11/09. I received a new modification at that time with a $300 increase to my monthly mortgage payment. When I called about this last year I was told to disregard that modification and to continue with my payments. They plan on selling my house next month..I don’t know what to do!! Please help!!

  4. I am also filing suit..what is the status of yours or any others? any tips would be appreciated..

  5. WHERE IS MY LOAN MODIFICATION BANK OF AMERICA?

    If it walks like a piggy, talks like a piggy, by golly it’s a PIGGY!

    BofA and it’s CEO Brian Moynihan reminds me of that song by John Lennon and George Harrison titled “Piggies” I invite you to listen to this song on youtube and see if it appropriately fits.

    http://www.youtube.com/watch?v=NTmeHM-Hojg&feature=related

    Have you seen the little piggies
    Crawling in the dirt
    And for all the little piggies
    Life is getting worse
    Always having dirt to play around in.

    Have you seen the bigger piggies
    In their starched white shirts
    You will find the bigger piggies
    Stirring up the dirt
    Always have clean shirts to play around in.

    In their ties with all their backing
    They don’t care what goes on around
    In their eyes there’s something lacking
    What they need’s a damn good whacking.

    Everywhere there’s lots of piggies
    Living piggy lives
    You can see them out for dinner
    With their piggy wives
    Clutching forks and knives to eat their bacon.

    Patricia Barbosa – 818-713-2886
    Assistant Vice President Office of President at Bank of America:
    Call Patricia Barbosa if you want to complain about your loan modification process. She is a CEO in charge of home modifications.

    When I filed my lawsuit against Bank of America, myself and United Law Group thought of the many others out there in the same situation. It was then that we decided to educate the public on what these piggy banks are doing, as well as unite us all together as one voice. Please help me turn this David vs. Goliath modification process, into a Goliath vs. Goliath.

    Please stand with me and United Law Group and send an email to Bank of America that states that we will no longer tolerate their potentially illegal, fraudulent, irregular and abusive business methods.

    One blogger named Terri sent me an email stating: “You won’t believe it but while I was at work today I had a voicemail from an advocate from BofA. What do you think about that? No calls all this time, I respond to your email and I get a cal!. How do you like that one?

    Divided we might have fell America, but united we must stand!

    So please send your email directly to Bank of America and include the following:

    1. Your name
    2. Your complaint concerning your experience with Bank of America.
    3. Please end your email “I support John Wright vs. BofA Lawsuit!”
    4. Please send a copy of your email to johns-wright@hotmail.com
    5. Please send your email to both BofA link below and the CEO email

    CEO Brian Moynihan:
    brian.t.moynihan@bankofamerica.com

    BofA Linked Email:
    https://www3.bankofamerica.com/contact/?lob=general&contact_returnto=&state=VA

    John Wright vs. Bank of America Lawsuit at http://www.unitedlawgroup.com or at:
    http://www.prweb.com/releases/2010/03/prweb3766544.htm

    Sincerely,
    Johns-wright@hotmail.com

  6. Wow. Impressive. Wonder if the class will be accepted and if they will ultimately prevail?

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