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I am looking for feedback and information from individuals who have endured dealing with the Countrywide(CW)/Bank of America(BAC) mortgage modification and foreclosure fiasco.

I entered into a modification under duress in 2010 based on the T&C of the Mar 2009 Consent Judgment. I am now nearly one year into the process of modification under the April 2012 Consent Judgment (HAMP). It is over four years since this matter was opened. I was advised that my application was accepted and was in process for final approval in May 2012 - I have not heard a word about it since August 2012 and it remains an open item. BAC has not yet moved for foreclosure although I have received an Notice of Intent to Accelerate.

I have documented every piece of correspondence and phone call that has taken place with CW/BAC since day one and I have found a disturbing pattern of repetition: (i) BAC tells me to stop making payments so that I will be eligible for the program - I was current in 2009 and I was seeking to pay late amounts in 2012; (ii) BAC advised me that late payments, penalties, interest, fees, etc., are not an issue because when the modification is done the principal will be adjusted - initially to 95% of the FMV, now by $100K; (iii) BAC has subordinated fraud by requiring me to submit false statements on government required forms in order to satisfy my eligibility; (iv) BAC has perpetrated fraud by filing false reports with government and private institutions and agencies regarding my credit information such that it "improves" my FICO scores - I have copies of the conflicting documents in my possession; BAC has provided oral and written false and misleading information to me that has caused me to be in default in breach of the contractual agreement in effect - I have taped conversations.

A review of the RICO Act provisions as they apply to civil matters confirms that: (i) the actions of CW and BAC meet and violate RICO; (ii) BAC has committed multiple acts that break a number of the federal and state law enumerated in RICO; (iii) BAC has done so on multiple occasions on multiple issues; (iv) BAC has done so on an ongoing basis over a period of at least four years.

I have serious doubts that BAC will ever offer me a modification proposal or offer me a proposal that I cannot accept. Therefore, I am planning a strategy to protect myself, my property, my interests and my rights buy binging an action against BAC seeking specific performance, actual damages and punitive damages based on the civil component of the RICO Act.

I would be interested in hearing from anyone in any capacity who might be able to add to my knowledge data base as I prepare for this effort.

Thanks for any help!

#housing