Homeowner Class Action Against Bank of America Filed, Challenges Bank of America’s Ownership of Homes Obtained Through Improper Mortgage Foreclosures
Tampa, Florida – Teresa O’Neal and Marco Delgado, through the law firm of Forizs & Dogali, P.A., have filed a statewide class action against Bank of America alleging improper action during mortgage foreclosures.
This case is different from other similar lawsuits because it focuses on Bank of America’s current ownership of the foreclosed property. The Plaintiff group includes only borrowers who were improperly foreclosed out of homes which are now, after foreclosure sales, owned by Bank of America. The complaint seeks to restore the borrowers’ rights in their homes, and seeks to establish that Bank of America’s claim of ownership can be invalidated. The number of Florida homes which Bank of America now owns after improper foreclosures is unknown, but the Plaintiffs estimate the number in the thousands.
The Plaintiffs allege the improper foreclosure practices by which Bank of America obtained ownership of the properties includes false and forged affidavits, certificates of service, and other documents. They also allege the documents systematically contained inaccurate facts, or were signed by persons who lacked required knowledge, or were forged. The Plaintiffs propose that all prior foreclosure sales which were based upon such documents are subject to being invalidated by the borrowers.
In addition to seeking a declaration regarding the invalidity of prior foreclosure sales through which Bank of America took ownership of their homes, Ms. O’Neal and Mr. Delgado allege that Bank of America violated Florida’s racketeering laws, and that Bank of America’s use of the court system to deprive them of their homes was in violation of their civil rights, and that Bank of America’s conduct violated the federal Fair Debt Collection Practices Act. The Plaintiffs’ damages are alleged to exceed $5 million.
The class action has been filed in the United States District Court, Middle District of Florida, in Tampa, Florida. The law firms of Forizs and Dogali, P.A. and Redding & Brown, PLLC represent Ms. O’Neal and Mr. Delgado in this class action. For any questions, please contact attorney Lee Atkinson at (813) 289-0700.
The complete press release and filing is available from
http://4closurefraud.org/2011/01/24/florida-foreclosure-fraud-class-action-teresa-oneal-and-marco-delgado-v-bank-of-america/”> Florida Foreclosure Fraud Class Action | O’Neal & Delgado v Bank of America