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First Franklin Home ServicesClass Action Lawsuit Settlement

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African American and Hispanic customers of First Franklin Home Services were notified of a discrimination settlement late 2010. Suit accused First Franklin of charging both nationalities higher interest rates than they were charging whites in the same pay, income, etc. Case was finalized Mar 15, 2011 with class members being told that they are eligible to seek Loan Modifications from BofA who now service our loans. Well, what a joke. There were around 207, 000 class members who shared a little over $3M so of course we will receive something like $18 (that amount is a joke) but that's no big deal to me. What is a big deal is that BofA pretends to care so much and are so willing to help with Modifications that they immediately tell you to submit the paperwork as soon as they took over the loan, even before the lawsuit was confirmed - I submitted for a Mod in Jan 2011 and they start the lost papers, send more certified, fax, etc. Now this is the kicker - there is a website maintained by the Settlement Administrator : www.firstfranklinclaims.com that gives updates on status with the last update being Apr 13 the same day that BofA supposedly called my house for some additional information from me but when they got no answer they supposedly denied my modification the next day Apr 14. I only found out on Apr 20 because they called me the night before and left a message to call so I retuned their call the next morning Apr 20. A guy told me that they were denying my modification for non cooperation & they are going to foreclose in June. I asked him how did I not cooperate? He said that my telephone number was my POC but they couldn't contact me. Now mind you that First Franklin did a Modification in 2008 to include a Escrow account and said they were not modifying my 8% interest rate but would consider in 2011. As much as I disliked First Franklin they were working with me. I was a few months behind but that was because I moved to this house in Tx from California a year ago. I have owned it 5 years but just moved here last year and had to furnish everything living rm furn, stove, frig, etc. I still don't have a bedrm set just mattresses on the floor, no frame. I missed a month here and there but not 3 months in a row. First Franklin seemed to understand and never really pushed me because I let them know that I would make it up when tax time came. The Making Homes Affordable program denied me also but only because I didn't have a Tx driver license. I still go to CA to work sometimes as a substitute in a school district so I hadn't applied for a driver license because the Making Homes Afforable didn't tell me until Apr 20 that every paper I submit has to match my address. I was too through figuring out how they operate. The newest problem is that TX doesn't honor other states driver license so they denied me a driver license because I don't have a birth certificate or passport. I am 62 and from LA in a tiny community. I was born at home and about 35 or 40 years ago we tried to get our birth certificates with no response. Left it alone since I have never been asked for one since then but now I sit waiting again hoping LA has come up in the world and can locate it. Until then I have to wait on the birth certificate but I'm contacting a lawyer because I have my letter from 2008 when First Franklin said they would look at Modification this year. With an 8% interest rate since Feb 2006 when I bought this house for $168, 500 - I pay over $1100 a month plus I paid $25, 000 down. Now that's somewhere in the area of 60 months at $1100 plus $25, 000 - I should have paid somewhere near $80-85, 000 but my mortgage has only went down to $160, 000. I have actually only paid it down $8500. I plan on having the lawyer look at that also. I understand my being behind but if they reduce my interest to what it should have been in the first place they would probably owe me $15-20, 000. I think I'll see if the lawyer can see if the court that heard the case can hold BofA for what seems to be willfully denying me a modification based on the timing of the settlement update. Anyway I feel like BofA is not acting in good faith so I hope I can push them back. By the way I see that you guys are still referring to First Franklin. Are you not with BofA now? Sorry, I could go on and on and on. I'll spare you all -

Responses

  • Sa
    Sandra michelle cole Feb 13, 2015

    what happened with the lawsuit, I never heard anything back from them, I am not living at the house I was buying but I haven't received any foreclosure notices either. It is just there, afraid to do any work to the house cause as soon as I do they will try and take it. its been empty for 3 yrs. now.

    0 Votes
  • Gl
    Glenn Nystrom Oct 28, 2013
    This comment was posted by
    a verified customer
    Verified customer

    In 2005 we purchased a home in Salinas, CA that eventually we got foreclosed on in 2007 due to loss of a job. The payments were so high we had to walk away as I could no longer make the same kind of money I used to while working on the coast. We felt badly and knew this would affect our credit for years to come but had to get on with our lives like so many other folks who lost houses. It still sticks in my craw that First franklin really got away with murder and was never called on the carpet but this goes all the way to the top, Wall Street, B of A etc gambling blindly with normal people's lives and homes. The guys who close down one company like Countrywide just start up another like Residentail Credit Solutions and the greed continues year after year. Will anythinf be done to stop the greed and try and make companies try and compensate the millions like us who lost their homes?

    0 Votes
  • Me
    meme29 Aug 07, 2011

    The same thing happened to me. B of A would claim that they lost my paperwork or that they didn't receive it they denied me several times for no apparent reason. One of the ladies on the phone line was trying to bully me saying "you got denied" and as my HUD (recommend HUD it's free) representative asked "why did she get denied she submitted everything and I have prove of that" her reply was "I don't know but she's denied" so heartless as if she enjoyed the power of saying NO. After going back and forth she transferred me to the appeals department (it's so silly they have all of these different departments and none communicate with each other.) Now this person was very sympathetic and straight out told us "I don't know why you got denied, that is a mistake let me appeal that you will hear back in a few days." It's a mind game, if you give in you'll loose, I was so angry that I fought everything all the way through and finally after 9 loooooong months and 3 denials I got modified. I recommend that you find a free agency such as HUD they helped me because at times I was so emotional that I couldn't think straigh plus they knew the ins and outs of the banker game.

    0 Votes

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