Friday, December 16, 2011

Lawsuit: BofA Continues Harrassing Elderly Central Florida Couple After Foreclosing Over Payment Made Too Early

In New Port Richey, Florida, the St. Petersburg Times reports:

  • For the Bullingtons, dealing with Bank of America is like something out of Groundhog Day — without the happy ending.You may recall earlier scenes from their story: James Bullington, 78, is dying, which led to financial problems for the New Port Richey couple.

  • His wife, Sharon, sought to ease the financial pain by getting Bank of America to modify the terms of their mortgage. The bank agreed. Then it foreclosed after Sharon Bullington, 70, made a mortgage payment too early.

  • After stories appeared in August and September in the St. Petersburg Times, Bank of America apologized, restructured the loan and paid their legal fees. The Bullingtons have paid their payments since.

  • But Bank of America is still after them. Almost weekly, notices arrive. Phone calls too. The nation's second-largest bank wants them to modify their mortgage, the same one they've already modified. Each notice lists a different amount for what is owed.

  • With a terminally ill husband, Sharon Bullington has had a bellyful of Bank of America. "It's hurtful and upsetting and disgusting," she said, quivering on the telephone. "It's just terribly upsetting. We signed the modification."

  • Now, the couple has filed suit demanding the bank stop the harassment and stop contacting her. Bank of America did not respond to numerous requests for comment.

  • The couple's attorneys accused the bank of violating the Florida Consumer Collection Practices Act. The statute allows for damages of just $1,000 and attorney fees. "It's not about the money," said attorney Vincent LoBue of Yesner & Boss. "It's the principle. The bank shouldn't be contacting them. We represent them. The bank knows that."

  • Still, aside from the mailings and telephone calls seeking a new loan modification, Bank of America regularly sends the Bullingtons something else: payment notices for their recently modified mortgage. Sharon Bullington questions why the bank continues to hound them.

For more, see New Port Richey couple files harassment suit against Bank of America.

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