PLESAE READ and use the truth.
Fanny Mae, Countrywide, Bank of America and IBM-LBPS Attacks Innocent, Elderly, Poor, Minorities, Disabled
& Disadvantaged!
Support Of Predatory Lending In America!
Scams & Frauds overview Of Findings & Facts
Introduction
This report documents what is now known to be one of the largest predatory
Lending, servicing and financial scandals in America. The report documents and provides conclusive proof of
Widespread corruption, accounting fraud and abuse existing at Bank of America, IBM-LPBS and Fanny Mae major Wall
Street investment bank and related subsidiaries.
This report is being provided as a service to Federal and State regulatory agencies; members of the media and
Press; politicians and congressional
Committees investigating predatory lending; concerned Bank of America, IBM-LBPS, Countyrwide and Fanny Mae.
Stockholders; auditing firm, partners, employees and members of the board of directors of these Instiutuions; and
Civic, consumer and legal
Groups investigating predatory lending.
The objectives of this report are as follows:
(a) Shed focus and light on Bank of America, IBM-LBPS, etc. And its predatory lending practices;
(b) Cause Bank of America, IBM-LBPS to cease its predatory lending practices;
(c) Cause Bank of America, IBM-LBPS to change its policies, practices and procedures;
(d) Insure that Bank of America, IBM-LBPS complies with Federal and state laws and regulations;
(e) Cause Bank of America, IBM-LBPS to provide fair, reasonable and just compensation to the victims of its
Predatory lending abuses;
(f) Provide regulators, lawyers, press, media, civic groups, Congress, State AGs and others investigating
Predatory lending with a "blueprint" and "genetic" map of how predatory lenders actually operate and their various
Schemes, scams and programming methods;
(g) Focus attention on the national and community crises called predatory
Lending;
(h) Educate consumers, the public, the courts, Congress and corporate America
On the subject of predatory lending; and
(i) Define and highlight actual predatory lending practices, schemes and abuses.
Sub-prime lending has recently come under intense scrutiny by various federal and state regulatory agencies,
The U.S. Congress, state legislatures and various civic groups for "predatory lending" abuses. Attention, however,
Has been primarily focused upon unscrupulous mortgage brokers who use a variety of fraudulent, predatory and
Abusive practices to take advantage of elderly, disadvantaged, minority and disabled Americans. Fanny Mae is one
Such firm. However, In Fanny Mae case, besides "manufacturing" and supplying" the product for the dealers to sell,
Bear also provides "enforcement and protection" though the use of various other subsidiaries and affiliates.
In Fanny Mae case, the enforcement and protection activities are left to Bank of America, IBM-LBPS Classified
As a "mortgage servicer, " or "Debt collector" Bank of America, IBM-LPBS actually acts as "collectors and henchmen"
To secure and collect mortgage, mortgage loans with predatory provisions and even "usurious" debts. Unlike mob loan
Sharks and henchmen however, Bank of America, IBM-LBPS employs a factory of collectors, lawyers and "foreclosure
Specialists" to literally steal the roof from under its customer's noses. Bank of America, IBM-LPBS is one of the
Nation's leading practitioners of what is termed predatory lending. However, is not an actual lender, but mortgage
Servicer. That is why I use the word "predatory servicing - quot; in this report for it is after the loan is closed that
Bank of America, IBM-LPBS does its most damage.in reality, Bank of America, IBM-LPBS operates like an "enforcer"
For the suppliers [Fanny Mae and other investors]. Though a variety of abusive, aggressive and even illegal
Collection acts, EMC willfully engages in extortion and threats against its customers.
First, Bank of America, IBM-LBPS intentionally programs its computers to unlawfully increase customer's
Payments and escrow and account balances. It' collectors then go to work to collect such unlawful payments. Then,
By using threats against property, home and family, Bank of America, IBM-LPBS collectors are taught by their own
Collection manuals to use "fear" as a method for collection.instead of threatening the breaking of bones however,
Bank of America, IBM-LPBS collectors threaten to take someone's home away, ruin their credit, destroy their
Business, and/or ruin their family unless the unlawful payment is made and continued to be made. When
Questioned, Bank of America, IBM-LBPS refuses to provide rightful answers to their
Customer's questions about increases of their customer's payments.
Bank of America, IBM-LBPS also uses a variety of doctored, fraudulent and confusing accounting records to
Support the collector's demands upon EMC customers. The Bank of America, IBM-LPBS customers, typically elderly,
Disadvantaged, minority and disabled homeowners who have high equity in their homes, usually do not possess the
Sophistication, education or means to challenge Bank of America, IBM-LBPS factor or fight their acknowledged "deep
Pockets. "While the pain and suffering of broken bones inflicted by mob henchmen and loan sharks may eventually
Heal or go away, the pain and suffering Bank of America, IBM-LBPS inflicted by Bank of America, IBM-LBPS
Many times lasts a lifetime; costs a livelihood. These wide-scale fraud, abuses, illegal and even criminal activity
Employed, sanctioned, paid for and supported by and various law firms and attorneys they retain.
The abusive, fraudulent, illegal and even criminal schemes and predatory
Lending and servicing practices by Bank of America, IBM-LBPS uncovered and
Outlined below include:
(a) Fraudulently and artificially increasing the amounts of Bank of America, IBM-LBPS customer's principal
Balances so as to increase the allocation of interest payments to Bank of America, IBM-LBPS from customers Bank of
America, IBM-LBPS with adjustable rate mortgages and also thereby
Fraudulently increasing the payment of servicing fees paid by investors in
Various mortgage securities marketed by Bank of America, IBM-LBPS
(b) Misrepresenting to Bank of America, IBM-LBPS customers and courts across America the "true" ownership, sale,
Assignment, and chain of title of promissory notes, deeds of trusts and mortgages Bank of America, IBM-LPBS
Claims to own but which many are owned by and have been owned by others in mortgage backed securities and also
Through trustees such as State Street Bank & Trust and Banker's Trust;
(c) Misrepresenting to customers and courts Bank of America, IBM-LBPS across America the alleged loss or
Destruction of promissory notes, deeds of trusts and mortgages Bank of America, IBM-LBPS claims to own and have
Lost when such notes, deeds of trust and mortgages were assigned to various mortgage pools and investors and are
Being held by trustee bans as collateral for various mortgage backed securities marketed, placed and sold by
Various Bank of America, IBM-LBPS companies and Bank of America, IBM-LPBS affiliated and sister companies;
(d) Misrepresenting to customers and courts across America the alleged loss or destruction of promissory notes,
Deeds of trusts and mortgages Bank of America, IBM-LBPS claims to own and have lost when such notes, deeds of
Trust and mortgages are actually owned by others;
(e) Delaying credits and adjustments to Bank of America, IBM-LBPS customer's escrow accounts, that knows the
Customer is due, on or before impound/escrow analysis dates so as to intentionally increase and inflate the actual
Amount of a customer's escrow payment to Bank of America, IBM-LPBS to increase revenue, income, cash flow,
Interest and investment returns to Bank of America, IBM-LBPS
(f) Placing charges and debits Bank of America, IBM-LBPS to Bank of America, IBM-LBPS customer's escrow accounts,
That Bank of America, IBM-LBPS
Knows the customer does not owe, prior to impound/escrow analysis dates so as to intentionally increase and
Inflate the actual amount of a customer's escrow payment to Bank of America, IBM-LBPS to increase revenue,
Income, cash flow, interest and investment returns to Bank of America, IBM-LBPS
(g) Placing forced place insurance on top of an Bank of America, IBM-LBPS customer's own hazard insurance policy
And charging the customer for a policy that Bank of America, IBM-LBPS knows the customer does not owe, prior to
Impound/escrow analysis dates so as to intentionally increase and inflate the actual amount of a customer's escrow
Payment to Bank of America, IBM-LBPS to increase revenue, income, cash flow, interest and
Investment returns to Bank of America, IBM-LBPS
(h) Canceling Bank of America, IBM-LBPS customer's hazard insurance and then ordering forced placed insurance
Coverage at rates higher than the customer was previously paying and then placing Bank of America, IBM-LBPS ng
Such charges into Bank of America, IBM-LPBS customer's escrow accounts prior to
Impound/escrow analysis dates so as to intentionally increase and inflate the
Actual amount of a customer's escrow payment to Bank of America, IBM-LBPS to increase revenue, income, cash flow,
Interest and investment returns to Bank of America, IBM-LPBS
(i) Refusing to accept customer's hazard insurance policies that meet
Bank of America, IBM-LBPS insurance requirements and then ordering forced placed insurance coverage at rates
Higher than the customer was previously paying and then placing such charges onto Bank of America, IBM-LBPS
Customer's escrow accounts prior to impound/escrow analysis dateBank of America, IBM-LPBS so as to intentionally
Increase and inflate the actual amount of a customer's escrow payment to Bank of America, IBM-LBPS to increase
Revenue, income, cash flow, interest and investment returns to Bank of America, IBM-LBPS.
(j) Refusing to accept Bank of America, IBM-LBPS customer's hazard insurance policies that meet the equirements
Of the customer's mortgage terms without the payment of a "substitution fee" and then ordering forced placed
Insurance coverage at rates higher than the customer was previously paying and then placing such
Charges onto customer's escrow accounts prior to impound/escrow
Analysis dates so as to intentionally increase and inflate the actual amount of a customer's escrow payment to
Bank of America, IBM-LBPS to increase revenue, income, cash flow, interest and investment returns to Bank of
America, IBM-LPBS.
(k) Failing to timely pay Bank of America, IBM-LBPS customer's hazard insurance premiums from their escrow
Accounts and then ordering forced placed insurance coverage at rates higher than the customer was previously
Paying and then placing such charges onto customer's Bank of America, IBM-LBPS escrow accounts prior to
Impound/escrow analysis dates so as to intentionally increase and inflate the actual amount of Bank of America,
IBM-LBPS a customer's escrow payment to Bank of America, IBM-LBPS to increase revenue, income, cash flow,
Interest and investment returns;
(l) Failing to inform customers that their payments or any portion of their payments are being held in a suspense
Account so as to intentionally hide such positive account balances and cause confusion about the proper amounts
Owed to EMC by their customers in as effort to intentionally increase and
Inflate the actual amount of a payment to EMC to increase EMC's revenue, income, cash flow, interest and investment
Returns;
(m) Delaying the preparation and mailing of contractually obligated monthly payment coupons until after the actual
Due date called for in the customer's promissory note so as to intentionally cause a delay in payment of a
Customer's account so as to improperly assess, demand, and collect late fees
Caused by the direct actions of Bank of America, IBM-LBPS so as to intentionally increase and inflate the actual
Amount of a late fee payment to Bank of America, IBM-LBPS to increase revenue, income, cash flow, interest and
Investment returns to Bank of America, IBM-LBPS
(n) Demanding overpayment of over-calculated escrow shortages [double or triple escrow billing] in addition to the
Shortage payment already calculated in the new escrow analysis so as to intentionally increase and inflate the
Actual amount of a customer's escrow payment to Bank of America, IBM-LBPS to increase revenue, income, cash flow,
Interest and investment returns to Bank of America, IBM-LBPS
(o) Delaying credits, payments and adjustments to Bank of America, IBM-LBPS customer's accounts, that Bank of
America, IBM-LPBS has already collected, cashed or received, on or before statement preparation dates so as to
Intentionally increase and inflate the actual amount of the payment that Bank of America, IBM-LBPS claims is due,
Is demanding and/or
Collecting so as to cause Bank of America, IBM-LBPS customers to send in overpayments that are placed into
Suspense accounts to increase Bank of America, IBM-LBPS revenue, income, cash flow, interest and investment returns
To Bank of America, IBM-LPBS
(p) Placing various charges and debits to Bank of America, IBM-LBPS customer's accounts, that Bank of America,
IBM-LPBS knows the customer does not owe, prior to impound analysis dates so as to intentionally increase and
Inflate the actual amount of a customer's escrow payment to Bank of America, IBM-LBPS to increase revenue, income,
Cash flow, interest and investment returns to Bank of America, IBM-LBPS.
(q) Placing amounts paid by customers into suspense accounts and not crediting their accounts for principal,
Interest, escrow and other amounts due while at the same time sending monthly payment statements, demand letters
And other collection documents that do not reflect or credit the amounts held in suspense in an effort to demand,
EBank of America, IBM-LPBS extort and collect excessive payments from Bank of America, IBM-LPBS customers that are
Not owed so as to increase Bank of America, IBM-LBPS revenue, income, cash flow, interest and investment returns
To Bank of America, IBM-LBPS
(r) Unlawfully modifying the terms of Bank of America, IBM-LBPS customer's loan documents in violation of RESPA
And the customer's loan documents by sending so-called "welcome" letters that contain due dates and late fee
Assessment dates in advance of the actual due dates and late fee assessment date obligated under the loan terms so
As to stimulate payments in advance of their contractual or lawful due date to increase revenue, income, cash
Flow, interest and investment returns to Bank of America, IBM-LBPS
(s) Unlawfully modifying the terms of Bank of America, IBM-LBPS customer's loan documents in violation of RESPA
And the customer's loan documents by sending so-called "welcome" letters that contain principal and interest
Payment amounts that exceed the required monthly payment so as to stimulate overpayments of EMC customer's
Contractual and lawful monthly payments to increase revenue, income, cash flow, interest and investment returns to
Bank of America, IBM-LBPS.
(t) Unlawfully modifying the terms of Bank of America, IBM-LBPS customer's loan documents in violation of RESPA
And the customer's loan documents by sending so-called "welcome" letters that contain escrow payment amounts that
Exceed the required monthly escrow payment so as to stimulate overpayments of Bank of America, IBM-LBPS customer's
Contractual and lawful monthly escrow payments to increase revenue, income, cash flow, interest and investment
Returns to
(u) Unlawfully modifying the terms of Bank of America, IBM-LBPS customer's loan documents in violation of RESPA
And the customer's loan documents by sending so-called "welcome" letters Bank of America, IBM-LBPS that contain
Late fee payment amounts that exceed the maximum allowed monthly late fee payment so as to stimulate overpayments
Of customer's contractual and lawful late fee payments to increase Bank of America, IBM-LBPS revenue, income,
Cash flow, interest and investment returns to Bank of America, IBM-LBPS
(v) Increasing and overstating payments due to Bank of America, IBM-LBPS by customers that have high equity
Values in their homes so as to cause such customers to either pay Bank of America, IBM-LBPS the overpayment or to
Dispute and refuse to pay the amounts and overpayments demanded by Bank of America, IBM-LBPS so that Bank of
America, IBM-LBPS can assess, charge and collect late fee revenue directly attributable to their refusal to accept
A customer's payment that was less than "one penny" less than what Bank of America, IBM-LBPS claimed or demanded
Was owed;
(w) Instructing Bank of America, IBM-LBPS customers, who are disputing amounts claimed to be owed, not to send in
A payment until the research on their account is completed, then charging those same customers with late fees
Associated with the months the customers were told not to send in payments by Bank of America, IBM-LBPS
Employees; (x) Using the due date instead of the tatement date on monthly payment coupons sent to Bank of America,
IBM-LBPS customers to calculate late fees and demand, extort and collect excessive late fees and overpayment of
Late fees that are not owed to increase revenue, income, cash flow, interest and investment returns to Bank of
America, IBM-LPBS
(y) Placement into escrow accounts of debts and obligations not legally obligated or owed by Bank of America, IBM
-LBPS customers such as BPO fees, inspection fees, appraisal fees, legal fees and other expenses that are not owed
Or allowed by law to be placed into mortgage escrow accounts to increase revenue, income, cash flow, interest and
Investment returns to
(z) Concealment of debts and obligations not legally obligated or owed by Bank of America, IBM-LBPS customers such
As BPO fees, inspection fees, appraisal fees, legal fees and other expenses as "misc." adjustments to customer's
Accounts or escrow balances that are not owed or obligated to in an effort to Bank of America, IBM-LBPS increase
Revenue, income, cash flow, interest and investment returns;
(aa) Misrepresenting non-recoverable advances such as BPO fees as "misc. Legal advances" that are not only not
Owed but intentionally and fraudulently dumped into attorney fee demands made by Bank of America, IBM-LBPS upon
Its customers to increase revenue, income, cash flow, interest and investment returns to Bank of America, IBM-LBPS
(bb) Miscalculating and over-charging escrow acounts of Bank of America, IBM-LBPS customers that are not owed in
An attempt to increase revenue, income, cash flow, interest and investment returns to Bank of America, IBM-LBPS
(cc) Miscalculating and over-charging principal balance accounts of Bank of America, IBM-LBPS customers that are
Not owed in an attempt to increase revenue, income, cash flow, interest and investment returns to Bank of America,
Ibm-lpbs
(dd) Miscalculating and over-charging payoff amounts on the accounts of Bank of America, IBM-LBPS
Customers that are not owed in an attempt to increase revenue, income, cash
Flow, interest and investment returns to Bank of America, IBM-LBPS
(ee) Billing, charging and assessing the attorney fees of Bank of America, IBM-LBPS co-defendants in lawsuits as
Bank of America, IBM-LBPS own attorney fees when in fact Bank of America, IBM-LBPS has no claim to such
Fees and the co-defendants have made no claim for such attorney fees;
(ff) Instructing customers to take disputes and complaints about amounts
Owed, balances, payments and other "qualified" matters that customers had
With previous servicers to those servicers when Bank of America, IBM-LBPS has the legal and contractual
Obligation to address such matters under their so-called purchase as well as under RESPA;
(gg) Refusing to address complaints and disputes from Bank of America, IBM-LBPS customers about amounts owed,
Balances, payments and other qualified" matters that customers had with previous servicers after Bank of America,
IBM-LBPS has taken over servicing of the loan when Bank of America, IBM-LBPS has the legal and contractual
Obligation to address such matters;
(hh) Refusing to address complaints and disputes from customers and/or
Delaying responses about amounts owed, balances, payments and other
"qualified" matters with Bank of America, IBM-LBPS itself so that Bank of America, IBM-LBPS can delay the dates of
Any filing of lawsuits so as to assert various waiver and statute of limitation defenses when customers ultimately
File suit to protect their interests;
(ii) Failing to recalculate, amortize and adjust payments and interest assessments when errors, mistakes and
Overpayments have been found and documented on an Bank of America, IBM-LBPS customer's account;
(jj) Concealing the names of additional parties, litigants, owners in due course, trustees and investors who
Actually own; have an interest in Bank of America, IBM-LPBS customer's notes and/or have approved actions taken
Against Bank of America, IBM-LPBS customers by Bank of America, IBM-LPBS itself;
(kk) Collecting debts and obligations for others and concealing that fact and
Representing that Bank of America, IBM-LBPS is collecting an obligation or debt of its own;
(ll) Conducting property inspections upon delinquent Bank of America, IBM-LBPS customers and assessing, charging,
Demanding and collecting property inspection fees, in addition to late fees that are assessed and collected from
Customer's whose note's provide for such expenses and are part of liquidated damage "late fee" provisions of a
Customer's account;
(mm) Conducting property inspections upon supposed delinquent EMC customers and assessing, charging, demanding and
Collecting property inspection fees in which the stated purpose of the so-called property inspection was to
Collect the Bank of America, IBM-LBPS customer's payment;
(nn) Diverting payments intended for principal and interest payments toward the payment of various fees and
Expenses not owed by Bank of America, IBM-LBPS customers instead of payment to reduce principal balances;
(oo) Holding in suspense and not crediting partial and even full payments on dates received from customers who
Sent in more money than what was owed to advance pay their mortgage and reduce the principal balance of their
Loans;
(pp) Diverting payments intended for principal and interest payment toward the payment of various fees and
Expenses not demanded by Bank of America, IBM-LBPS according to the terms and conditions of Bank of America, IBM-
LPBS customer's promissory notes;
(qq) Assessing, claiming, demanding and collecting attorney fees for defense of the wrongful actions of Bank of
America, IBM-LPBS and terming such demands as attorney fees for "collection of a note" when in fact such fees are
For s Bank of America, IBM-LBPS own defense;
(rr) Assessing, claiming, demanding and collecting attorney fees from Bank of America, IBM-LBPS customers for
Defense of co-defendants in lawsuits with Bank of America, IBM-LBPS for the wrongful actions of such co-defendant
And terming such demands as attorney fees for collection of a note when in fact such fees are for Bank of America,
IBM-LPBS co-defendant's
Defense;
(ss) Assessing, claiming, demanding and collecting attorney fees for collection of a note when in fact the
Customer's note does not contain a cost of collection or litigation provision or clause as other Bank of America,
IBM-LBPS notes do;
(tt) Charging various legal expenses including expert, investigation and support fees and then assessing,
Claiming, demanding and collecting such fees by fraudulently concealing them as attorney fees;
(uu) Charging various legal expenses including copy, lunch, travel, parking, phone, postage and other expenses and
Then assessing, claiming, demanding and collecting such fees by fraudulently concealing them as attorney fees;
(vv) Retaliating against Bank of America, IBM-LBPS customers and their families who have filed suit or made
Complaints to Bank of America, IBM-LBPS or State and Federal authorities by continuing false and negative credit
Reporting and refusing to report accounts as being in dispute to credit reporting agencies;
(ww) Refusing to correct known false credit reporting in order to use as "blackmail" and "extortion" Bank of
America, IBM-LBPS against customers to get them to pay money knows payment of principal and excess escrow
Payments in excess of interest, advances and expenses after Bank of America, IBM-LPBS has accelerated a
Customer's note;
(yy) Making demands for payment of excess principal, interest and escrow payments far in excess of the actual Bank
Of America, IBM-LBPS is not obligated for;
(xx) Making demands for interest, advances and expenses owed to Bank of America, IBM-LPBS
(aaa) Failing to follow the terms of Bank of America, IBM-LBPS customer's promissory notes and altering key terms
Of promissory notes upon transfer of servicing in violation of RESPA and the actual terms of each customer's notes
And mortgages;
(bbb) Providing false and fraudulent transaction and account data to Bank of America, IBM-LBPS customers who have
Disputed transactions, account balances and payment demands by Bank of America, IBM-LBBS
(ccc) Intentionally failing to timely credit or adjust Bank of America, IBM-LBPS customer's account from months
To even years for expenses, charges and advances not owed;
(ddd) Paying inspection fees, attorney fees, late fees and other expenses from customer's payments before their
Application to principal and interest
Payments actually due in violation of the terms and conditions of customer's promissory notes;
Extorting sums and payments known not to be owed to Bank of America, IBM-LPBS by threatening the credit of
Customers and illegal foreclosure of their homes;
(fff) Intentionally extorting exorbitant sums and payments for attorney fees
Known not to be owed to by threatening the credit of customers and
Illegal foreclosure of their homes;
(ggg) Intentionally blackmailing Bank of America, IBM-LBPS customers to pay sums not owed or legally obligated to
In order to protect their credit reputation or foreclosure of their home;
(hhh) Mischaracterizing the amount, type and status of Bank of America, IBM-LBPS customer's debts with Bank of
America, IBM-LBPS by mislabeling, misrepresenting and misstating the types, nature and amounts of customer's
Payments, balances and credit and debit transactions;
(iii) Intentionally reporting false and negative credit information to prevent customers from refinancing their
Loans;
(jjj) Foreclosing on customer's loans and padding expenses via false affidavits to the courts so that the equity
Of borrower's homes can be stripped away;
(kkk) Stripping equity in foreclosures by claiming non-recoverable advances such as BPO fees in the claim and lost
Rent when in fact Bank of America, IBM-LBPS does not and has not intended to rent the foreclosed property;
(lll) Seeking claims and recovery from U.S. Government agencies such as VA,
FHA and HUD for shortfalls after foreclosure in which Bank of America, IBM-LBPS has hidden and padded non-
Recoverable advances and artificially inflated the principal balances by various means so as to secure a higher
Claim than it is rightfully
Entitled to;
(mmm) Wrongfully foreclosing on customer's homes; increasing internal costs to equity strip the borrowers and then
Underbid the value of those properties by "buying them low and selling them high" as one manager was quoted as
Saying to make a profit to the benefit of Bank of America, IBM-LPBS.
Bank of America, IBM-LBPS Illegal Activity & Noncompliance
Bank of America, IBM-LBPS willfully violate and fail to comply with various Federal and State laws, statutes and
Regulations.in order to save money and earn additional revenue, Bank of America, IBM-LBPS has been found to
Violate the following Federal and State laws as well as RESPA and HUD policies,
Regulations and procedures, including, but not limited to:
(a) Violation of the 20/60 rule and a failure to correct mortgage discrepancies, errors, and misapplications with
Bank of America, IBM-LBPS in 60 days after complaint;
(b) Violation of the 20/60 rule by failing to acknowledge and investigate the Clifford's and other customer's
Continual written complaints and demands within 20 days of notice to the lender;
(c) Violation of RESPA's 2 month limitation of escrow cushion by demanding
More than lawfully allowed amounts of escrow deposits for taxes; escrow for
Wrongfully forced place insurance and refusal to credit the previous year's
Escrow charges in demands for payment when all and/or portions of those
Payments were included as part of escrow shortage calculations in
Subsequent year's escrow analyses' and payment demands;
(e) Violation of RESPA in changing the terms and conditions of a customer's note when assigned or purchased;
(f) Violation of RESPA's guidelines in calculating escrow payments and
Demands;
(g) Failure to stop negative credit reporting for 60 days upon written disputes;
(h) Abusive collection practices through threats of intimidation, ruin of credit and wrongful foreclosure of
Homes;
(i) Failure to properly notify customers of escrow activity in their escrow
Account;
(j) Misleading customers as to escrow activity and payments in their escrow
Account;
(k) Misstating, mischaracterizing and misrepresenting the amount of payments
Due Bank of America, IBM-LBPS and the status of customer's debts;
(l) Violation of Truth In Lending Laws, Fair Credit Act & Debt Collection Laws;
(m) Violations of various state and federal banking laws and regulations;
(n) Violation of various state collection, consumer protection and deceptive trade
Practice laws;
(o) Violation of HOEPA;
(p) Violation of State & Federal RICO acts.
Potential Criminal Activity Discovered
Certain potentially "criminal" behaviors have also been discovered and documented. Such criminal activity
Uncovered include:
(a) The obstruction of justice by the use of "corporate dummies" as corporate representatives in depositions who
Are purported and represented to have knowledge of facts, information and practices of and who have
Little knowledge of facts or information, but have been coached and instructed to obstruct justice and provide
Perjured testimony by Bank of America, IBM-LBPS corporate counsel and outside attorneys;
(b) The obstruction of justice by the use of "corporate dummies" as corporate representatives in depositions
Instead of key executives who have actual knowledge of facts, information and practices of EMC an ho have
Little knowledge of facts or information, but have been coached and instructed to obstruct justice and provide
Perjured testimony by Bank of America, IBM-LBPS corporate counsel and outside attorneys;
(c) The obstruction of justice by knowingly providing false and misleading affidavits, account histories, answers
To interrogatories, deposition questions and trial and hearing testimony before courts across America;
(d) The rubberstamping of affidavits filed with courts across America including affidavits singed by individuals
Without knowledge to the facts as well as individuals who are different than the individuals identified on the
Face and first page of the affidavits;
(e) Reporting to courts that individuals purporting to have custody and control of pertinent documents and records
When in fact such individuals and even Bank of America IBM-LBPS itself does not have direct control of the ocument
And evidence referenced in the affidavits;
(f) Representing to courts and litigants that documents do not exist or have been destroyed that in reality do
Exist;
(g) Destruction, alteration and expoliation of records, documents and evidence including master tapes of major
Transactions, loan histories, computer comments, memos, depositions,
(h) Sponsorship, approval and support of experts bought to conduct fraudulent analyses and reports to conceal
Known mistakes, wrongful actions, omissions, transactions and frauds;
(i) Sponsorship, approval and support of witness tampering via paying off and buying fraudulent analyses and
Reports of auditors to conceal known mistakes, wrongful actions, omissions, transactions and frauds;
(j) Invasion of privacy by hiring outside investigators to illegally obtain personal, credit, medical and business
Information on family members of customers and potential witnesses;
(k) Fraudulently billing co-defendant's legal fees as its own and lying and misrepresenting such facts to the
Courts, litigants and investors;
(l) Criminal trespass and theft of property in homes by investigators and agents of Bank of America, IBM-LPBS and
Their attorneys litigating claims and foreclosures against Bank of America, IBM-LBPS customers;
(m) Falsification of business records, documents, promissory notes, and evidence presented in civil trials and
Foreclosures;
(n) Intentionally providing false and perjured testimony to mislead litigants, attorneys and courts across America.
All-in-all, Bank of America, IBM-LBPS. And their related
Attorneys, law firms and executives are directly participating in what can best be termed a "white collar criminal
Enterprise." While attempting to provide the illusion of a "normal" business practice, the harsh reality is that
The abuses and predatory practices exhibited by these companies and individuals not only violates so-called
Industry standards, ethics and practices, but willfully violates various federal and state laws, codes, and
Regulations. A detailed examination of all of Bank of America, IBM-LPBS compliance audits, complaints, complaints
Logs, court pleadings, settlement agreements, agreements, closing books, and other documents known to exist would
Shed further light and provide additional evidence on EMC's and Bear Stearns illegal behavior. As one state
Regulator from New York said, if you're a mortgage company or bank and want to steal a hundred million dollars,
Would you do it all at once or steal many pennies, dimes and dollars millions of times?
Recently, Federal and state agencies, regulators, civic organizations and
Congress have focused their attention on what's termed "predatory" lending and servicing practices.in light of
Such focus, Bank of America, IBM-LBPS arrogance, ignorance, non-compliance of and abuse of the law is startling!
This arrogance is reflected by own foreclosure manuals when customers are frequently Bank of America, IBM-LBPS
Referred to as "smucks" instead of borrower, Jane or John Doe or Smith. The effects of this behavior has a wide
Range effect on many, not just the
Bank of America, IBM-LPBS customers being abused.
(a) Illegal stripping of equity in Bank of America, IBM-LBPS customer's homes;
(b) Illegal foreclosure and loss of Bank of America, IBM-LBPS customer's homes;
(c) Emotional and mental abuse and distress intentionally inflicted upon Bank of America, IBM-LPBS customers;
(d) Impairment of customer's physical and mental health;
(e) Intentional infliction of emotional duress;
(f) Intentional retaliation upon those smart enough to discover abuses;
(g) Economic damages suffered by customers for intentional and wrongful
Reporting of credit, loss of property and payment of legal expenses;
(h) Overpayment of non-obligated fees, expenses, advances, and payments by
Customers;
(i) Increased payoffs of customer's mortgages and notes;
(j) Divorce, family estrangement, death and imprisonment of Bank of America, IBM-LPBS customers
And their family members;
Bank of America, IBM-LBPS Predatory Late Fee "Churning" Scheme
In addition to the deceptive and fraudulent insurance schemes that Bank of America, IBM-LBPS carried out, Bank of
America, IBM-LPBS executed a number of practices, policies and procedures designed to increase and "churn" late
Fee revenue to Bank of America, IBM-LBPS. These deceptive and fraudulent
Practices included:
(a) the delayed crediting and posting of payments made at Bank of America, IBM-LPBS branches to the Bank of
America, IBM-LBPS customer's accounts so as to incur, assess and collect late fees caused by the delayed crediting
And posting of payments;
(b) assessing, demanding and attempting to and collecting the payment of late fees from Bank of America, IBM-LBPS
Customers in advance of the date they were contractually due;
(c) Bank of America, IBM-LBPS customer's accounts and then considering such advances as part of principal and
Interest payments due and calculating, assessing, demanding and collecting a 6% late fee attributable to such
Advances;
(i) calculating, assessing, demanding, charging and collecting late fees on wrongfully placed inspection fees
Placed upon and other SOA customer's accounts;
(j) calculating, assessing, demanding, charging and collecting late fees on wrongfully charged forced placed
Insurance advances placed upon customers and other Bank of America, IBM-LBPS customer's accounts;
(k) calculating, assessing, demanding, charging and collecting late fees on wrongfully charged tax advances placed
Upon the Pew's and other SOA customer's accounts that should have been charged to their escrow accounts;
And account. I believed such payments were going to pay principal, interest only, taking payments and not apply
Them, but make use of such payment for its own benefit.in essence, Bank of America, IBM-LBPS, in its desperation
And need for income and revenue, would make itself interest free loans from the my payments and other Bank of
America, IBM-LPBS customers to be repaid weeks or even months later at Bank of America, IBM-LBPS own behest and
Without knowledge or consent to such actions. Disputes with Bank of America, IBM-LBPS from the inception of the
Loan in June until as of date. That such placement and charges occurred and this letter does not even
Address even one tax or escrow transaction and other disputes. Bank of America, IBM-LBPS also fails to address the
Late fees charged to the account, inspection and other fees that had disputed. It also does not provide an
Accounting and detail of transactions, charges, payments, credits and debits with supporting documentation that
Had required.
In another effort to knowingly deceive, confuse and defraud Bank of America, IBM-LBPS does not spell out the
Actual amount of its late charge.instead, it makes it part of the calculation and explanation in saying that if
Payment is not received late fee that is actually associated with the claimed "Past Due" date.
Bank of America, IBM-LBPS misrepresented the escrow balance of accounts. Forced escrow because of fraudulant
And misappropriation as which was the were not aware. Escrow balance as of 1/31 was 0 and not applicable as
Per agreed by payment. However, this didn't representation Bank of America, IBM-LPBS actions.
Bank of America, IBM-LBS sister and affiliated companies then sold mortgage backed securities and collateral
Obligations to various institutional investors in pools consisting of the SOA loans.
Bank of America, IBM-LPBS even went to the extent of having promissory notes, deeds of trusts and mortgages
Stamped with sale endorsements that claims a sales "without recourse." Some of these documents were recorded and
Others not.
In fact, Bank of America, IBM-LBPS, Washington Mutual, and others claim that "hundreds" [and perhaps "thousand's]
Of these notes were lost or destroyed without any explanation [see Washington Mutual affidavits in various courts
Attached as [Exhibit 91].
In reality, it would be impossible for such a large amount of "negotiable" instruments of such enormous value,
Exceeding tens of millions of dollars, to be lost or destroyed without an explanation or investigation into such a
Loss.
This investigation has discovered that such notes were not lost or destroyed.in reality, many of these notes and
Mortgages were bartered, assigned, sold and traded like cheap baseball cards from one investor and the Banking
Leader himself, trustee or bank to another.in many cases, the actual assignments were only "book-entry" computer
Transactions or were accomplished by various "alonges" executed by Bank of America, IBM-LPBS that were never
Recorded. The motives, purposes and reasons behind under the direct control and custody of Bank of America, IBM-
Lbps
(b) The notes and mortgages show a different chain of title and ownership in due course than what has been
Reported Bank of America, IBM-LBPS refusal to produce the actual mortgages and promissory notes include:
(a) The notes and mortgages are not due to the courts, the borrowers and/or recorded in county land records;
(c) The notes and mortgages have been assigned to others in various pools of mortgage related securitizations and
As such are held in the control and custody of various trustees and document custodians in their vaults;
(d) Bank of America, IBM-LPBS, while the servicer of the note or mortgage, are not the actual owners of the note
Or mortgage upon which they attempt to foreclose upon in their own name, rather than the name of the trustee or
Actual investor in the note or mortgage Fanny Mae.
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