Sunday, October 24, 2010

Bank of America Sued in Class Action Over Flouting of Foreclosure Rules

http://www.law.com/jsp/article.jsp?id=1202473801558&Bank_of_America_Sued_in_Class_Action_Over_Flouting_of_Foreclosure_Rules


Bank of America has been hit with a class action on behalf of homeowners seeking damages for alleged disregard of foreclosure process rules.

The suit, filed Wednesday in federal court in Newark, N.J., accuses Bank of America and two subsidiaries, LaSalle Bank and BAC Home Loans Servicing, of "an undisciplined rush to seize homes" through "pervasive and willful disregard of knowledge, facts and statutes."

"There's a difference in the fact pattern [among individual cases] but there's pattern and a practice of blatant disregard for process," says Minkove. "Any lawyer who's worth his salt will tell you process matters."

And when judges call them to case management conferences in their foreclosure cases, outside counsel for Bank of America regularly fail to show up, says Friscia. Worse still, New Jersey's judges don't seem to be bothered by such behavior, he says.

"There's a shocking deference given to Bank of America on the part of the judicial system," Friscia says.