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Class Action Suit Filed Against Bank of America for Abuse in Texas

Class Action Suit Filed Against Bank of America for Abuse in Texas

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Published by DinSFLA
http://stopforeclosurefraud.com

15 Texans file Class Action Lawsuit against Bank Of America (RESPA)
http://stopforeclosurefraud.com

15 Texans file Class Action Lawsuit against Bank Of America (RESPA)

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Published by: DinSFLA on Jul 15, 2010
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10/25/2012

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 1
IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF TEXASVICTORIA DIVISION
JOYCE HARRYMAN, §LETICIA LERMA GONZALEZ, §KIM YVETTE THOMPSON, §DIANA GONZALEZ, LEA CORNEJO, §BRANDON KRAUSKOPF, §DONNA BATTS, KAREN MATHEWS, §KIM ARMENDAREZ, §PETE ARMENDAREZ, SHERRY BIGGS, §WILLIAM BIGGS, VANESSA JACKSON, §AGAPITO JALAMOS, §MARIA DELOURDES JALAMOS, and §TEXAS HOUSING JUSTICE LEAGUE, § NO.§Plaintiffs, §§v. §§BAC HOME LOANS SERVICING, LP, and §BANK OF AMERICA, N.A. §§Defendants. §
PLAINTIFFS’ ORIGINAL COMPLAINT
I. PRELIMINARY STATEMENT
1. Plaintiffs are and represent people who purchased their first homes between 1994and 2006, usually with loan assistance from the Federal Housing Administration and the U.S.Department of Veterans Affairs. Their loans were all serviced by Defendant BAC, which is awholly owned subsidiary of Defendant Bank of America, N.A. This lawsuit complains not of poor customer service by BAC, but of a systematic home loan servicing scheme that includeshours of telephone runaround, misleading and inconsistent information, lost correspondence,verbal abuse, and extensive delay, all of which have documented costs not only in terms of money, but in health. The facts in this case reveal the harsh reality that underlies the loan
Case 6:10-cv-00051 Document 1 Filed in TXSD on 06/29/10 Page 1 of 51
 
 2servicer’s press statements about loan modifications and forbearance agreements followingcollapse of the U.S. housing market.
II. JURISDICTION
2. The court has federal question jurisdiction under 28 U.S.C. §1331 over the claimsarising under 12 U.S.C. § 2605.3. The court has supplemental jurisdiction under 28 U.S.C. §1367 over Plaintiffs’claims of breach of contract, negligent misrepresentation, unreasonable collection efforts, andviolations of the Texas Debt Collection Act because Plaintiffs’ claims are so related to the claimswithin the court's original jurisdiction that they form part of the same case or controversy underArticle 3 of the U.S. Constitution.4. The court has diversity jurisdiction over the lawsuit under 28 U.S.C. §1332(a)(1)because all Plaintiffs and all Defendants are citizens of different states and the amount incontroversy exceeds $75,000, excluding interest and costs.
III. PARTIES
5. Plaintiffs Joyce Harryman (Victoria County, Texas), Leticia Lerma Gonzalez(Webb County, Texas), Kim Yvette Thompson (Travis County, Texas), Diana Gonzalez(Hidalgo County, Texas), Lea Cornejo (El Paso County, Texas), Brandon Krauskopf (GillespieCounty, Texas), Donna Batts (Travis County, Texas), Karen Mathews (Bexar County, Texas),Kim Armendarez (Bastrop County, Texas), Pete Armendarez (Bastrop County, Texas), SherryBiggs (Williamson County, Texas), William Biggs (Williamson County, Texas), VanessaJackson (Bastrop County, Texas), Agapito Jalamos (Val Verde County, Texas), and Maria DeLourdes Jalamos (Val Verde County, Texas) are
 
individuals
 
who are residents of the State of Texas.
Case 6:10-cv-00051 Document 1 Filed in TXSD on 06/29/10 Page 2 of 51
 
 36. Plaintiff Texas Housing Justice League (“THJL”) is a nonprofit corporation that isorganized and operated under the Texas Non-Profit Corporation Act to serve the interests of low-income Texans seeking the protection of housing rights.7. Defendant Bank of America, N.A. is a banking association that has its main officelocated in North Carolina. Defendant Bank of America, N.A. may be served with process byserving its registered agent, CT Corporation, at 350 N. St. Paul St., Dallas, Texas 75201.8. Defendant BAC Home Loans Servicing, LP is a limited partnership. BAC hasonly two partners: BANA LP, LLC and BAC GP, LLC. Both partners are wholly owned byBank of America, N.A, which is a citizen of North Carolina. Therefore, Defendant BAC HomeLoans Servicing, LP is a citizen of North Carolina, and may be served with process by serving itsregistered agent, CT Corporation, at 350 N. St. Paul St., Dallas, Texas 75201.
 IV. BACKGROUND
9. Defendant BAC is a wholly owned subsidiary of the well-known bankinginstitution Bank of America. Defendant BAC performs “servicing” of home loans for variousparties that own the right to receive payments on the loan (holders). These holders are ofteninvestors, securitized trusts, or banking institutions that do not have the infrastructure to collectpayments from borrowers or, in their business judgment, have found it preferable to use a“servicer,” such as Defendant BAC. The exact type of “servicing” that a “servicer” performs isoften controlled by private contract or government regulation, depending on the type of loan.However, servicing generally includes such functions as collecting payments, communicatingwith borrowers on the holder’s behalf, and in some cases, administering a foreclosure.10. In some instances, federal and state governments also impose requirements onloan servicers. Although this lawsuit does not allege a private right of action arises under any of 
Case 6:10-cv-00051 Document 1 Filed in TXSD on 06/29/10 Page 3 of 51

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