- Report: #790585
Complaint Review: Bank of America - simi valley California
Reported By:
donna -
littlerock, California, United States of America
Submitted:
Updated:
-
Author Not Confirmed
Why?
Bank of America
simi valley, California, United States of America
Phone:
Web:
www.bofa.com
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Bank of America Countrywide Bank of America/Countrywide violated federal law and foreclosed on active duty united states marines home simi valley, California
*Consumer Comment: Sorry your son got repo'd
*Consumer Comment: "BOMBARD THE WHITE HOUSE......
*Consumer Comment: I found the Federal law from 2003 and there ARE legal ways to foreclose
*Consumer Comment: Law?
*Consumer Comment: SCRA
*Consumer Suggestion: Get a lawyer familiar with the "servicemember's civil relief act"
bank of america/countrywide foreclosed on my sons home. At the time, he was active duty military. Federal law protects active duty military from foreclosre. We notifyed B of A that he was active duty military and that they were violating federal law, yet they ignored us and proceeded to foreclose. Then came the eviction notice when they had foreclosed. We appeared in court to defend the eviction. We told the judge that B of A had violated federal law in the foreclosure. He still ordered the eviction, ignoring federal law.
Now at what point does a governing agency enforce the law with these bank?? Oh, I guess they don't have to since the government continues to feed them money to illegally throw us out of our homes.
Now at what point does a governing agency enforce the law with these bank?? Oh, I guess they don't have to since the government continues to feed them money to illegally throw us out of our homes.
6 Updates & Rebuttals
Southern Chemical and Equipment LLC
Sarasota,Florida,
USA
Get a lawyer familiar with the "servicemember's civil relief act"
#2Consumer Suggestion
Wed, October 19, 2011
The law is called the Servicemember's Civil Relief Act, formerly known as the Soldier's and sailor's Civil Relief Act.
It protects any active duty military member whem deployed overseas, and also any National Guard or Reserve member when deployed away from home unit, even for school.
I have used this protection myself during 2 different periods of deployment.
It also requires ANY lender to reduce interest rates on all loans or credit cards to no more than 6% on any obligation that was incurred before the period of deployment, and that rate stays in effect for 90 days after that member's return.
The act also stops any and all legal actions resulting from collections lawsuits, and protects against evictions or even rent increases of dependents.
It is comprehensive protection.
Bank of America is SCREWED!!! And I certainly love that!
Contact the JAG Office of the nearest military installation and file a report. Also send letters to the "service officer" at every military organization such as the DAV, VFW, American Legion, etc. as ask for assistance.
Finally, get a civilian lawyer that represents military members. Any of those military organizations can most likely make a referral.
DO NOT let them get away with this!!!
Be sure to file complaints against that Judge as well, and file Bar Association complaints against all lawyers involved.
Send all complaints via certified mail, return receipt requested. Be sure to put the certified# on each letter and make a copy of each for your records.
Also, by the means above, file disputes with all major credit bureaus on the collections, foreclosure, and eviction.
Finally, send a letter explaining the whole situation to as many news media outlets as you can.
This will take some work, but I see a BIG payday in your future. BofA will pay the claim, and "hush money" if you go public to a large degree.
I will help you if you need it!!!
Have the ROR Editor contact me with your info if you want!
Ed is familiar with my background.
Robert
Buffalo,New York,
USA
SCRA
#3Consumer Comment
Wed, October 19, 2011
The law in question is known as the "Servicemembers Civil Relief Act"
It does NOT protect against ALL foreclosures. There are exceptions.
What SHOULD have been done when the lender sent a notice of foreclosure was for the SERVICE MEMBER to invoke the SCRA in that the foreclosure should NOT BE HEARD by the courts until the service member returns to a stateside posting. This particular protection against court action is for service members who are stationed over seas. It is NOT automatic-the service member MUST INVOKE THIS PROTECTION in response to the foreclosure/court hearing notice.
There is a JAG handbook about the SCRA available on line. If you perform an internet search for Service members Civil Relief Act you will find it.
You MIGHT be able to successfully sue the lender for the foreclosure, but it is impossible to determine this from your posting. I suggest you consult with an attorney who is very familiar with bringing actions under the SCRA.
Good luck.
FYI, I'm a former USAF MSgt.
Robert
Irvine,California,
U.S.A.
Law?
#4Consumer Comment
Wed, October 19, 2011
We told the judge that B of A had violated federal law in the foreclosure
- Did you tell him the law you were referring to? My guess is that you were referring to the Servicemembers Civil Relief Act (SCRA). If this is the act you were referring to did you actually read it?
Because you are correct that it does not allow a bank to Foreclose on a person who is on Active Duty, or within 90 days of Discharge. However, there are exceptions and conditions for this.
Perhaps the biggest is that this act only applies to Mortgages that were obtained before they were called on Active Duty. So if he was already on Active Duty when he got the house, they are able to Foreclose. If he did obtain the Mortgage before he went on Active Duty they can still foreclose. However to do that they must go to court and show that the call to Active Duty did not affect his ability to pay.
If the SCRA was not the law you are referring to then can you please post what law you are referring to.
Ken
Greeley,Colorado,
USA
I found the Federal law from 2003 and there ARE legal ways to foreclose
#5Consumer Comment
Wed, October 19, 2011
on active duty military.
Here's a small part of what I read.
XI. Invalidation of Sale, Foreclosure, or Seizure of Servicemember's
Property:
Any sale, foreclosure, or seizure of property for breach of a mortgage, trust deed, or similar
security will be invalid, if made during the period of military service or up to 90 days thereafter.
Exception is where it is done by court order;
Exception is where servicemember has signed a written waiver of this SCRA provision.
I really doubt the judge just ignored Federal Law, he couldn't survive doing that for long.
Sorry again, what happened, but it IS possible the bank followed the law, as confirmed by the judge's action.
Peace.
Karl
Highlands Ranch,Colorado,
USA
"BOMBARD THE WHITE HOUSE......
#6Consumer Comment
Wed, October 19, 2011
POEM" is a poem that's available at this website.
The address to the White House appears at the end of the poem. Simply mail a copy of your Ripoff Report to President Obama, so he knows that Bank of America/Countrywide violated federal law. Since President Obama is a constitutional lawyer, he might be able to give you some advice, right?
Let's face it, he's supposed to be 'serving' and 'protecting' the people of the USA, correct?
Just type in 529757 at this site and the poem appears as 'Consumer Comment #29' at Ripoff Report #529757.
Good luck to you and your family.
***POLITICIAN ALERT: Don't forget to type in all of the following at this site and read the Ripoff Reports for important information-
POLITICIAN
OBAMA
BUSH
CHENEY
BARNEY FRANK
CLINTON
REAGAN
US GOVERNMENT
Ken
Greeley,Colorado,
USA
Sorry your son got repo'd
#7Consumer Comment
Wed, October 19, 2011
"Federal law protects active duty military from foreclosre." I was absolutely unaware of this law, can you cite it, I'd like to look it up.
Thank you.
