Mark Davison 0

Fraudulent Nondisclosure of LPMI by Bank of America

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A letter to Bank of America: After completing my research regarding similar cases to my own, it is clear that I still qualify for the Making Homes Affordable Refinance Program. I reviewed my contract this evening from 2007 and in no place does Bank of America disclose that I have LPMI. Your company, Bank of America, violated the Homeowners Protection Act of 1998, which requires lenders to disclose, among other things, the existence of and process by which a borrower may cancel LPMI. I actually also have a letter from your company in on August 24, 2009 that states "Your loan does not carry an MI policy." Please see the two case studies below that clearly show the precedent for my case. I therefore request that you proceed with the Making Homes Affordable Refinance Program for my mortgage as I qualify under the terms of the offer. Regards, Mark Davison Case 1 Blue Stephens & Fellers LLP and the Law Office of James C. White, P.C. have filed a proposed nationwide class action lawsuit against Bank of America, alleging that from 2007 through 2009, the bank fraudulently marketed its deceptively-named No Fee Mortgage Plus (NFMP) loan product to borrowers across the country. The lawsuit alleges that the Bank, through its marketing materials and loan documents, falsely claimed that NFMP loans would not be burdened with any form of private mortgage insurance. The named plaintiffs learned that Bank of America covertly purchased lender paid mortgage insurance (LPMI) policies on their homes without their knowledge or consent when they attempted unsuccessfully to refinance their NFMP loans. The plaintiffs allege that the LPMI premium costs have been passed along to them in the form of higher interest rates, making the bank’s promise of no fees completely false. Lender Made Misrepresentation Regarding Mortgage Insurance and Failed to Provide Required Notice Under Homeowners Protection Act of 1998 Case 2: CHARLOTTESVILLE, VA – April 25, 2011 – Virginia law firm MartinWren, P.C. ( announces the confidential settlement of a federal lawsuit brought by homeowners against mortgage lender GMAC Mortgage, LLC alleging fraud and a violation of the Homeowners Protection Act of 1998. The case was proceeding in the Charlottesville Division of the U.S. District Court for the Western District of Virginia. MartinWren, P.C. attorneys Jonathan T. Wren and John B. Simpson represented homeowners who were told in 2007 during a routine refinance that their new loan did not require private mortgage insurance (PMI) and then their lender violated the Homeowners Protection Act of 1998 (HPA) by failing to notify them in writing that their mortgage would be burdened by a rare and obscure form of PMI known as lender paid mortgage insurance (LPMI).

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