I was a victim of Morgage fraud and Predatory Lending of TB&W who refinanced our manufactured home as an FHA single family home loan in May 2008 using "somebody else's money. The loan was never securized or transfer to a trust. And the Title was never perfected. Nor was an assignment made naming MERS as the mortgagee.
The Breach of Contact, Breach of Trust and a Breach of Title , created a nullity. In fact, TB& W instructed the Closing Agent: If MERS documents are used DO NOT name MERS as the Mortgagee. TB&W were named as the Lender, Mortgagee, and the Lienholder. No assignments with issues to MERS . RECORDED RECORDS;
The record of the Closing Settlement RECORDED a Mortgage Note and Deed of Trust with a Manufactured Home Rider. ( Not the single family home loan approved and underwritten for FHA). The mortgage note was in the name of TB&W- The Deed of Trust named MERS as nominee. No assignments were made as Mortgagee. The Note and Deed of Trust were signed and Recorded in Jefferson County, Alabama by the Notary who conducted the closing. A Limited Power of Attorney was signed for Authorization - The Power of Attorney was for a limit of (6) months Dated May, 6 2008 and Authorized only the notary for recording the documents. MERS documents were used and the mortgage registered on the MERS Data Base. Mortgage payments were made to Taylor, Bean and Whitaker at the address as stated- ALL payments were required to be made at the address listed or other "such other place as LENDER may designate in writing notice to Borrower. No written notice of change in the designated address was EVER provided by Taylor, Bean and Whitaker, FHA , Ginnie Mae ect... NOW IN COMES Bank of America; In August 2009 , we received the payment statement from TB&W and a few days later we received a payment statement from Bank of America. We never received any type of notice from either party about an assignment, sale or transfer. The closing settlement states " all payments are to be made to Taylor, Bean and Whitaker Mortgage Corp, 1417 North Magnolia Ave , Ocala, Fl. or at other place as Lender may designate in written notice to borrower". We never received such notice. A written notice notice is also required by RESPA and the Federal Fair Debt Collection Practices Act. NO notice was ever received, nor did Bank of America ever validated the debt . We finally saw on a Nightly News program that TB&W had be seized by the FEDS. In Sept, 2009 we received another payment statement from Bank of America ; " we service your mortgage for the "noteholder", WHO IS THE NOTEHOLDER"? "Who is the "noteholder" ? " What was the Lender?' TAYLOR,BEAN AND WHITAKER had made the loan "using someone elses money" If the loan was never secured by FHA or transferred into a Trust and the Title Endorsement Policy was cancelled the Title Insurance Co. - how could BAC Home Loans collect the payments? We had never borrowered ANY money from Bank of America, or BAC Home Loan Services fka Countrywide Home Loans LP . If TB&W failed to name to Lender on the settlement, who was the "note holder" BAC was collecting the payments for? CHAPTER 13 Bankrupcy: Refinancing the mortgage had caused going mental anguish and increased our payments more than what we had been told and appeared on the GFE. In addition the way the mortgage was structured we weren' t even able to sell. Despair efforts to obtain Legal represenation , we always received the same reply 'You signed, You greed" no re-source! In Alabama We were forced to file bankrupcy due to the fact our debt exceeded the amount of our income and the inability to sale our home due to the structure of the mortgage. We filed Chapter 13 Bankrupcy ,Birmingham ,Alabama. We meet with Gina McDonald at her Riverchase Office,of Gina McDonald Law Firm LP. We told her about the problems with the mortgage and TB&W. Plus, provided all our debts, payment statements and income, including Bank of America on behalf of the "note holder" . She adviced us that due to our financial situation and my husband's medical condiction we offer "a Deed in Lieu " of foreclosure on the mortgage. At the time we still believed it was an FHA loan and had been transferred to Ginny Mae ( this was what we had been told by TB&W's Attorney) We agreed to do as she adviced. MARCH 22, 2010 MOTION FOR RELIEF of AUTOMATIC STAY : BAC Home Loans Servicing LP fka Countrywide Home Loans.
MARCH 12, 2010 ASSIGNMENT OF MORTGAGE:
For payment received, Mortgage Electronic Registration Systems, Inc (MERS) as mortgagee and nominee for Taylor, Bean and Whitaker from to BAC Home Loan Services LP, fka Countrywide Home Loans>>>>signed by:Ginnie C. Rutledge , Secretary and Vice President of MERS (AKA Attorney of Sirote and Permutt LLP.)
Prepared by: SIROTE and PERMUTT LLP, Birmingham, Al. ATTORNEY'S for BAC Home Loans Services fka Countrywide Home Loans Services LP;; SIROTE and PERMUTT LLP. . , Birmingham ,Al , prepared and signed , as the Secretary and Vice President of MERS as Nominee for Taylor, Bean and Whitaker the Assignment of Mortgage
to BAC Home Loan Serices LP fka Countrywide Home Loans Services in order for BAC Home Loans Services to claim to be the Creditor and Lienholder of the mortgage in Federal Bankrupcy Court. When a Mortgage is Assigned, Sold or Transferred aren't the Authorized Signers of the Assignor and the Assignee required on the Assignment? Not the Assignee's Attorney's . Wouldn't you think if Ginnie C. Rutledge LP of Sirote and Permutt LP. was going to sign as the Secretary and Vice President of MERS on Mortgage Assignments , she wouldn't put her name in the Newspaper as Attorney for Bank of America 's Foreclosures. IF Ginnie C. Rutledge is a Secretary and Vice President of MERS - SHOW ME HER PAYCHECK FROM MERS !! And WHY? Isn't she listed on MERS Authorized Signatures of the SEC Registrator of Signatures? Wouldn't this be FORGERY? Wouldn't this be fraud on the Court? In addition, Sirote and Permutt. Attorney's for BAC : Showed the mortgage was acquired by BAC in 01/09 and no payments had been paid to BAC from 01/09 -03/10 !! Why would we have made payments to BAC Home Loans, WHEN the payments were being made to Taylor, Bean and Whitaker from 01/09-07/09 (by cashiers checks and certifed mail with a return signature required?) WHY DiD , SIROTE and Permutt LLP. enter THE SAME amount in default as the ORIGINAL AMOUNT of the mortgage when it was Closed and registered on the MERS DATA SYSTEM? Since payments were made to TB&W from July 2008-July 2009. Doesn't you think making payments for a year might change the original amount just a little? Can't members of MERS access the data base with a user name and password? Why did our Attorney tell us the Claim submitted by BAC Home Loans LP fka Countrywide;...couldn't be disputed because the Bankrupcy Judge had no authority to rule on the Claim? Wouldn't you think a Alabama Federal Bankrupcy Judge might Question all of these document Rather than Grant the Motion for Relief of Automatic Stay and hand the mortgage over to BAC Home Loans Service fka Countrywide Home Loans Services who could't show proof of ownership? The ASSIGNMENT of MORTGAGE stated "For Payment Received " exactly WHO received payment; The Attorney's or the Judge? As I said Alabama is a no-resourse State- "you-sign-you agree" DO Borrowers have NO RIGHTS!! We vacated the property as we had agreed in the Bankrupcy partition on a "Deed in Lieu" of foreclosure.
We have contacted Bank of America (2) different times after the Judge Granted the Lift of Automatic Stay. They never responded. Our Bankrupcy case was dismissed in June 2010, because we encountered financial emergency's during and after our move. Due to unexpected emergency's we were unable to pay the bankrupcy payments for (2) months. The Gina McDonald Law Firm adviced us to "do the best you can do. We don't expect you to go hungry to pay the bankrupcy payments. " Despite our Attorney's being made aware of the emergency's and our inability to make our payments to the court. We were dismissed from Bankrupcy court. As our Attorney failed to contact CitiFinance Auto to arrange for us to pay the payments on our car- Citifinance Repocessesed the car despite our efforts to pay and keep our car. Now we owe $13,000 to CitiFinance Auto and have NO means of transportation. Aren't Attorney's and Our Court System Wonderful??? Bank of America has continued trying to collect payments on our mortgage 'For the note holder". Each of which threaten foreclosure. In response to a RESPA request , they stated they purchased a closed loan and they also stated they service the loan for Ginnie Mae who owns the loan. How could this be possible since FHA did an investigation and notified us they didn't a mortgage in our name. And the property Title is still recorded in the names on the persons we acquired in from? We were emotionally and financially distroyed by being persuaded to refinance our home so Taylor , Bean and Whitaker should buy a new mansion or jet and live a rich ,lavish life style.
And now Bank of America and their Attorney's want to pocket our money or steal or home! We have nothing left to give! Except our blood ! And Yet, we still can't even find an Attorney!

This is the craziest thing i have ever heard. I will try to help get the word out and help other people to become aware of Innocent people getting Taken by these Low Life's.

Good Luck with your mission on finding an attorney woho actually gives a Crap!!!

I have been trying to deal with BAC since 2/2010 . started with of job, approx $3300.00 due. now BAC wants $8830.79. I have"nt miss a payment since original amount quoted. they call 3-4 times a day everyday. never the same information twice. one "arrangement" made but discontinued by BAC before start of payments

scaminformer.com is the real deal! mother of all scam!!!

http://scammerleaks.com/2011/08/22/scaminformer-www-scaminformer-com-scams-scam-protection-fraud-cheats-online-crooks/#more-357

http://www.scribd.com/doc/58502368/Xcentric-Ventures-LLC-v-Scaminformer-com-Karsen-Ltd-Motion-to-Determine-Sufficiency-of-Service

My family owns stock in Bank of America. The SEC fined Bank America $150 million for breaking rules around the purchasing of Merril Lynch. The stockholders were supposed to be compensated for their losses from Dec 31, 2008 to Jan 16, 2009. Our family lost $79,626 in BOA stock value in this period, and the stock has not recovered. We finally received our settlement check yesterday, (Sept 21,2011). The check was for $ 352.62! Does corporate greed win again? Or can stockholders ban together and sue?

The Bank of America Loan Modification Program was never established to help anyone. We applied for the program twice, and both times they had excuses why we were declined, but never notified us that we were declined until I call the 800 number. I received a letter stating our application was in review on April, 22, which apparently our application was denied before that date, stating we had missing documents (documents that were submitted in March, I kept copies and the check off list). This was a complete waste of my time. I am sorry our mortgage is through Bank of America, we never applied with them, they brought out Country Wide. The only people B of A wants to help is the people that run B of A. They are truly screwing the people that actually bailed them out. The government will do nothing about their scam, so the american people lose out.

Be Careful using Bank of America's online bill pay system. When you schedule a paper check to be sent to a company or individual the system picks and chooses when the funds will be debited out of your account. And it sets you up to bounce checks or have returned items if you have payments scheduled for next day. Example sometimes the funds on a paper check are debited off your ledger balance the day the vendor is suppose to recieve the check via US MAIL. Now mind you the check might not even come in the mail that day , nevermind the recipient actually cashing it that day or presenting it for deposit. Other times the check clears when the item is presented for deposit at the vendors bank. It seems like the only time the funds are immediately withdrawn is when you have other bill pays scheduled for next day, that could potentially bounce. Obviously Bank of America wants you to bounce a check so they can collect on a return item fee. This is so shady! It should be a set way , if funds are going to be withdrawn the day the vendor gets the paper check than fine. But it really should be when the payee presents the check for deposit. Bank of America has their online bill pay paper check system setting you up to fail. They are withdrawing funds from your account before the paper checks are presented for deposit in hopes that you bounce next day scheduled payments. This is so wrong and really shady to make more money on returned item fees ! BE CAREFUL USING ONLINE BILL PAY SERVICE!

I am dealing with 3 BOA addresses. And they all say something different. 1 says going into foreclosure, 2 says we can help just call us, and 3 says remit entire payment. What the hell. You would think now that they are in trouble they would want to help me with my house. I started asking for assistance back in 2009 and they said no. I contact Alliance Mitigation (theives) paid them, they said they would work on it. Well long story short I fell even further behind on payments until recently. Have pleaded for help or approve the save our home thing and they refuse. I can afford my house now, and all I was asking starting back in 2009 for some help to get back on track. NO NO NO. Why I ask, no response except we can't. I can't afford big lawyers and if I could I don't trust them either. There is no one to trust these days to help people like me save our home. I am raising my granddaughter and they want to throw me out when I asked for help and want to pay my dues. I have cried, pleaded, asked politely and no is still the answer. If I could afford an honest lawyer I would get them immediately because I want my house. But no one honest because no one seems to care. And they call this America.

As soon as I received EDD's latest fiasco - their "EDD Debit Card", I immediately withdrew all of my money from the EDD card because I don't trust anything involving the People's Republic of California. I couldn't, however, withdraw all of my money because the ATM wouldn't let me. So . . . I called B of A and, WITH THEIR ASSISTANCE, set up the EDD card to make a transfer into my regular B of account. ALL of the information entered was CORRECT, the idiot from B of A CONFIRMED it was correct, and I thought that was the end of the story. That was TWO WEEKS ago. The next day, I received an e-mail from the idiots at B of A stating that my transfer had FAILED because the "receiving institution" (which was also B of A) had rejected it! Really! So, I immediately called the MORONS at B of A and demanded my money and an explanation as the money had been TAKEN OUT OF MY ACCOUNT. One of their incompetent clowns couldn't figure out what was going on and stated that she had "never seen an error such as mine". She finally went to get help from others only to finally come back and tell me that the EDD had taken the money BACK. I demanded to speak with a supervisor - that MORON's name is Josh Bolling. Josh was too busy doing nothing and REFUSED to call me back. Several days later, I called the EDD and DEMANDED and explanation. Their moron told me that they had NOT taken my money back and that B of A was lying. The EDD claims that once money is given to B of A, they CANNOT take it back. The EDD instructed me to call B of A again. (BTW, I also filed a written complaint with the morons at the EDD - but they have also NEVER responded to that.) When I called B of A, I told them that their "supervisor", Josh Bolling, is an incompetent moron for REFUSING to call me back and FAILING to take care of the matter. I can't find that MORON's name at the moment but I spoke with her on Monday, Aug. 22nd. This time, she told that the EDD had NOT taken my money back but that the problem was caused by B of A's incompetently designed web site. That B of A supervisor told me that the only way to get back my money was to DELETE the information regarding transfers (which I did while I was online with that LIAR) and that my money would then be RETURNED to me within FIVE BUSINESS DAYS. Of course, that's absurd and it was also a LIE as I still don't have my money (today is Sept 1st). As it was clear that B of A has no intention of returning the money they STOLE from me, I called them again yesterday (August 31st) and this time spoke with another one of their LYING supervisors - this time, it was Marsha Bradshaw. Marsha "apologized" for the fact that B of A has STOLEN my money and claimed she couldn't do anything about it except to send an e-mail to one of B of A's anonymous employees who could. She also promised someone would call me back. Once again, NO RESPONSE from B of A. So, this morning I called B of A AGAIN and this time spoke to another "supervisor" - this one's name is Brian Church. This clown started reading B of A's notes back to me which LIED and said that I had entered the wrong account and routing numbers into their system - that was A BLATANT LIE as I had not only cut and pasted those numbers from my regular B of A Account, but also CONFIRMED with a B OF A EMPLOYEE that those numbers were EXACT. Brian Church then tried to claim that I had entered the wrong transfer amount which is why B of A refused to accept the transfer into another B of A account. That too was a LIE and is easily proven by one of B of A's own e-mails to me which listed the EXACT AMOUNT that they stole. Then Brian Church stated that he was going to write yet another e-mail to yet another anonymous B of A moron and that he would "get back to me" - especially since his own notes stated that B of A AGREED to return my money with FIVE DAYS after the first fessed up to their theft. Well, that was another lie as an entire day has now come and gone with NO RESPONSE from the thieves at B of A. The EDD Debit Card is nothing more than SCAM - how many people from the EDD are receiving kickbacks from B of A? In light the FACT that B of A is stealing money from people who are unemployed, they must be having a great time wining and dining with their bedfellows at the EDD. Of course, the EDD has also DISCLOSED CONFIDENTIAL PERSONAL INFORMATION to B of A when they set up these bogus accounts to begin with. Not only the EDD disclose the names of everyone who is unemployed (and how many others will B of A share that information with?), but they also gave them our social security numbers and who knows what else. Someone needs to sue B of A and the EDD now.

At the end of April 2011, I applied for a mortgage refinance through Bank of America to drop my interest rate from 6.75% to 4.75%. My closing took place on June 30. Prior to my closing, I was not given a copy of my HUD to look over the final numbers. Also, no one explained the numbers on the HUD to me; not Melvin Crawley (my loan processor), nor Christine Mason (the lady who put the HUD together), nor the attorney who was present at the closing. The night of the closing, I noticed that two mistakes were made on the HUD: 1) I was charged $3503.40 for transfer taxes when I was promised a CEMA loan with no transfer taxes. 2) I was charged $1963.20 for the 4.75% interest rate, when I was only supposed to be charged $1210.93. (I was supposed to be charged for .625 points, but I was mistakenly charged for 1 point.) Despite the mistakes, the attorney at closing persuaded me to sign the papers for two reasons: 1) He told me to call Bank of America the next morning. He confided that Bank of America waives transfer taxes all the time. They would not want to risk losing my loan. He also told me that just that morning, the attorney attended a closing in which Bank of America waived all of the closing costs. 2) I would have three business days to file a right of rescission, so there would be no risk. Against my better judgment, I signed the papers as the attorney advised. I called Bank of America the next morning and spoke to Yoshi Hoover (the loan officer I have been working with since April). Mr. Hoover understood the mistakes that were made and that I should have received a CEMA loan. He was going to try and contact a manager to get my loan taken “one step back”. (It was the Friday of the July 4th weekend, and I guess managers were few + far between.) He also told me that if I did not hear back from him by Tuesday July 5, to definitely file the rescission papers. But I did hear back from Mr. Hoover a couple of hours later. He said that Melvin Crawley’s manager Missy Ryan was on vacation, but he was able to get in touch with covering manager Jason Walters, and he was successful in getting my loan taken “one step back“. According to Mr. Walters, the closing papers would be “shredded” and it would be “as if the closing never happened”. Mr. Hoover has proof of this conversation. I asked Mr. Hoover if I should still file the rescission papers anyway, but he told me no. If I file the rescission papers, he said, it would void the entire loan, including all the work that was done over the past two months leading to the closing, and we would have to start over again at square one. Throughout the month of July, Mr. Hoover and Mr. Crawley continued to work on getting me the CEMA loan. I received a refund for the check that I had written out on the night of the closing. Bank of America was having trouble locating my original note, so on July 27, Mr. Crawley called me and offered to waive $1000 of my transfer taxes if I were willing to move forward with my loan without proceeding as a CEMA. I politely declined because I wanted the CEMA loan that I was promised. Two days later, on July 29, my loan was funded. I don’t know how that happened as I was assured by Mr. Walters that my closing papers were to be “shredded” and it was to be “as if my closing never happened”. To this day, I have been unable to obtain any kind of recompense from Bank of America. Missy Ryan (Melvin Crawley’s manager) has been less than helpful, stating that a mistake was made, I should not have been told what I was told, and they cannot ignore signed documents. Jason Walters has not returned my e-mails. I have also left a couple of voicemails for Norman Brooks (Missy Ryan’s supervisor), but he has not returned my phone calls either. I feel as if I have been defrauded by Bank of America.

After 4 months of dealing with the IRS, MA dept of Revenue and Bank Of America, I contacted the President of Bank of America. His name is Brian Moynihan. Within 48 hours my money was in my account. I am thankful that my issue was resolved but I would never,ever direct deposit my tax again. There really is no help for tax payers if a mistake is made.

FUEL TAX EVASION HIGHLIGHTSA Report on the Activities of theJoint Federal/State Motor Fuel Tax Compliance ProjectU.S. Department of TransportationFederal Highway AdministrationVolume 6, Number July 1997IN THE NEWS
Four men and 1 woman have been indicted in a Federal investigation into a 3-state fuel tax scam. Arrested and charged are John Doherty, with conspiracy and falsifying tax records; James Gaudet, with conspiracy; Douglas Hatter, with 2 counts of perjury; and James Lee, with conspiracy. Ann Gaudet Young is a fugitive. The Advocate, Baton Rouge, LA, 1/13/97David H. Werdine of Schmock Oil Corporation, Michigan City, IN, was arrested on charges of failing to remit fuel taxes. The Indiana Department of Revenue's Criminal Investigation Division uncovered Werdine's blending scheme where he mixed kerosene with diesel fuel, charged the customers the fuel tax, but did not report or remit the taxes on the kerosene. The alleged acts took place in 1993, 1994, and 1995. He is charged with 28 counts of failing to remit special fuel tax, failure to pay taxes on blended fuel, and theft. If convicted, he could face from 1 1/2 to 3 years in prison and a possible fine of $10,000 on each count. Indiana Department of Revenue, 1/15/97; Oil Price Information Service, 2/28/97
Dana P. Brewer, president of Petroglobe Inc., was sentenced to 2 years in prison for failure to pay approximately $1 million in fuel taxes. He was convicted on May 13, 1996, of conspiracy to defraud the Treasury during 1993. Brewer admitted to falsely representing Petroglobe as being registered with the IRS so he could buy diesel without paying the tax up front. He then purchased nearly 5 million gallons of fuel which Petroglobe and a second company, Hiway Enterprises, sold tax paid. Youssef Kamel Keroles, owner of Hiway, was convicted of conspiracy and sentenced to 27 months in prison and 3 years supervised release, and to pay a $45,000 fine and $864,315 in restitution. Peter J. Nudo, CFO for Petroglobe, was convicted of corruptly obstructing and impeding the IRS. Business Wire, 1/14/97Carroll R. Moore, former owner and operator of Moore's Waste Oil Service in Chesapeake, VA, was sentenced to 180 days home detention, 3 years probation, $2,700 restitution to the IRS and a $100 special assessment. Moore pled guilty to charges that he knowingly marketed "off-specification" oil and failed to report income derived from the sales. The off-spec oil was sold through Domestics Industries Corporation of Virginia, a home heating oil business, as heating oil from August 1990 through July 1992. William "Buddy" Jones (Father of Elizabeth Jones Dudley Bank of America SVP) and 3 others were convicted on various charges relating to the theft of oil and a scheme to fraudulently supply contaminated and off-grade fuel. The investigation was conducted by the Defense Criminal Investigative Service (OIG, DOD), the Naval Criminal Investigative Service, the FBI and IRS. Audit assistance was provided by Defense Contract Audit Agency. Office of the Inspector General, Department of Defense, 1/15/97 http://www.fhwa.dot.gov/policy/hl97jul.htm