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November 6, 2014
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights Section 1425 NYAV
Washington, D.C. 20530
Complaint for:
Vs
RESPONDENTS,
civil rights. The events and illegal activities that took place will be more
specifically described below.
Background
time to do so. The rep agreed and we missed the payment that month (November
2009).
In December 2009, I called Bank of America again and was told that now I
qualified for a HAMP modification and was going to receive package in the mail. I
received the package in January and faxed all the documentation requested and
also mailed it back. When I called, they told me they never received it. I received
another packet and mailed it again in early February. By this time, Bank of
America was already well aware of my childrens special needs as I had advised
them several times before.
In my personal hardship letter required for the HAMP loan modification
program, I specifically told Bank of America to assist us because of our financial
situation and because we have two small children who are autistic (see letter
attached) and even advised that I could supply medical documentation if necessary.
Even though I only missed my November 2009 payment, Bank of America
had already targeted us to remove us from our home along with our autistic
children. We were continuously harassed and intimidated with false collection
and foreclosure notices for a debt that we did not owe and forcing to pay an
amount that we did not owe by a specific date if not we would be foreclosed on.
We were terrified beyond words. Instead of acquiring help, it became a terroristic
attack without justification.
In March 2010 while on the phone with Bank of America (or so I believe)
and being severely threatened unnecessarily with foreclosure for over 45 minutes, I
had a traumatic episode which changed my life. The last thing I truly remember
was telling the rep on the phone that he was going to give me a heart attack after I
felt my blood pressure increased dramatically and even though I cannot recall
every detail of what happened after that, I remember seeing my autistic daughter
crying and saying, "Mommy, don't die". I was so distraught that I was not even
aware that my daughter was witnessing most of the conversation.
For the weeks that followed, the pain, fatigue and illness I felt was
unbearable. I thought I had bone cancer or something. I saw my doctor and after
many tests she diagnosed me with chronic fatigue syndrome/fibromyalgia. My
doctor even asked me if I had a traumatic experience lately or if I was going
through a lot of stress. The first thing that came to my mind was "Bank of
America" and the traumatic event on the phone that happened about a month prior.
My doctor warned me that my life was going to change from now on but I never
knew how much. As time went by, I started to get progressively worse and could
not take all of the medications that I was prescribed for pain. Many of the narcotics
were too strong for me (I do not like taking pills) and some were not helping much
anyway.
This has not only destroyed my life but my family's life as well. Now, I am
disabled too. I requested several times that the harassment and abuse stop but it
continued. Not even our attorney could stop it. Even though we had legal
representation from early April 2010 to September 2010, Bank of America and its
co-conspirators continued to harass us with abusive phone calls during that period
and threats of foreclosure. It is quite obvious that since we are Hispanic, Bank of
America and their co-conspirators believed that we would not know our rights and
consistently violated our rights believing that we would not know any better, even
behind our attorneys back. I had even expressed this to my psychologist several
times and she even made a note of it in her reports.
I have complained for years to the Office of the Comptroller of the
Currency, The Attorney General, Congressman Bill Posey, Senators, the F.B.I.,
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Consumer Financial Protection Bureau and any federal, governmental and every
consumer authority you can think of. Nothing has been done. In every instance,
Bank of Americas Office of the CEO and President interferes and obstructs
legitimate investigations or deviates the investigation saying that the case in
currently in litigation or provides conflicting or inaccurate information to stop
investigations. PLEASE BE AWARE THAT EVEN THOUGH WE ARE
CURRENTLY IN LIGATION WITH BANK OF AMERICA, URBAN AND
CARLISLE & GALLAGER, IT DOES NOT INVOLVE ANY CIVIL RIGHTS
OR DISCRIMINATION CLAIMS. DO NOT BE FOOLED BY THEIR FALSE
OFFICE OF THE CEO AND PRESIDENT. THEIR ONLY PURPOSE IS TO
OBSTRUCT JUSTICE AND BREAK THE LAW. PLEASE PROCEED WITH
THIS INVESTIGATION AND DO NOT BE PERSUADED WITH THEIR LIES.
My disabled children have suffered enough over the past four years because
of this abuse perpetrated against us. Bank of America and their minions targeted
us, a Hispanic family with disabled children to fulfill their greedy objective. But,
this is only the tip of this iceberg. The reason I have filed this complaint is because
of the elaborate SCHEME that was perpetrated against us and that was recently
discovered in December 2013 which also implicates URBAN LENDING
SOLUTION and CARLISLE & GALLAGHER.
Bank of America concocted a scheme which involved the full cooperation
and awareness of third parties Urban Lending Solutions and Carlisle & Gallagher
to misrepresent a farce HAMP to our family and make us rely on a farce Bank of
Americas Office of the CEO and President. Even though we knew that Bank of
America is a fraudulent company, we had no idea how deep the rabbit hole goes
and how they would actually target a family like us in such a manner with this
concealed scheme when we were asking for help with disabled children.
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our family to ILLEGALLY remove us from our home. Urban Lending Solutions
and Carlisle & Gallagher were contracted for this purpose and were very aware of
what their duties were and what was required of them. Urban and Carlisle &
Gallagher were also paid lucrative contracts and their employees held false titles
such as Customer Advocate of Bank of Americas Office of the CEO and
President such as in the case of Carlisle & Gallaghers Scott McDaniel who
falsely communicated this to us and the OCC, Attorney General, Congressman Bill
Posey and others. We believed these misrepresentations all along and we also
assume that the other parties involved did also. This is fraud and obstruction of
justice. The crime of obstruction of justice, in United States jurisdictions, refers
to the crime of interfering with the work of police, investigators, regulatory
agencies, prosecutors, or other (usually government) officials. Urban and Carlisle
& Gallagher (and possibly others) were used to misrepresent (commit fraud) to us
information and obstruct formal regulatory and governmental investigations at the
direction of Bank of America. We were never aware that we were not speaking to
Bank of America or Bank of Americas Office of the CEO and President many
times. All this time, we were lead to believe that our communications were given
outmost importance and escalated to a higher office when in reality we were
being targeted and marked for termination. Bank of America and Urban Lending
employees had recently confirmed through affidavit testimony the fraudulent
scheme that was set-up against some homeowners as ourselves. Please see:
http://msfraud.org/LAW/Lounge/Bank_of_America_Affidavits_HAMP-crimes_613.pdf.
Fraud
A false representation of a matter of fact
whether by words or by conduct, by false or misleading allegations, or by concealment of what
should have been disclosed that deceives
and is intended to deceive another so that the individual will act upon it to her or his legal injury.
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For example:
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, April 4, 2013
Service Members to Receive $39 Million for Violations of the Service members
Civil Relief Act
The Justice Department announced today that under its 2011 settlements with BAC Home
Loans Servicing LP, a subsidiary of Bank of America Corporation, and Saxon Mortgage Servicing
Inc., a subsidiary of Morgan Stanley, 316 service members whose homes were unlawfully
foreclosed upon between 2006 and 2010 are due to receive over $39 million in monetary relief
for alleged violations of the Service members Civil Relief Act (SCRA).
Under the first settlement, Bank of America is required to pay over $36.8 million to service
members whose homes were unlawfully foreclosed upon between 2006 and 2010. Each service
member will receive a minimum of $116,785, plus compensation for any equity lost with
interest. Bank of America has already begun compensating 142 service members whose homes
were illegally foreclosed on between 2006 and the middle of 2009. Under the same agreement,
Bank of America agreed to provide information about its foreclosures from mid-2009 through
the end of 2010. As a result of that review, Bank of America will now pay 155 service members
upon whose homes it illegally foreclosed. Borrowers receiving payment under this settlement
may receive an additional payment under a settlement between Bank of America and federal
banking regulators -- the Office of the Comptroller of the Currency and the Board of Governors
of the Federal Reserve System -- if the foreclosure occurred in 2009 or 2010. Payments provided
under the federal banking regulators settlement will bring the total amount received by eligible
borrowers to $125,000 plus equity where applicable.
http://www.justice.gov/opa/pr/service-members-receive-39-million-violationsservicemembers-civil-relief-act
Case Name
Docket / Court
3:12-cv-00605-RJC-DSC ( W.D.N.C. )
State/Territory
North Carolina
Case Type(s)
FH-NC-0002
Attorney
Organization
Case Summary
On September 13, 2012, the United States filed a lawsuit in the U.S.
District Court for the Western District of North Carolina against Bank of
America, alleging violations of the Fair Housing Act and the Equal Credit
Opportunity Act. Specifically, the federal government alleged that Bank
of America discriminated against disabled mortgage applicants by
requiring all disabled applicants to submit a letter indicating the amount
of the disability income and that it would continue for at least three
years. In some cases, the plaintiffs claimed that Bank of America
required disabled loan applicants to provide information about the
nature and severity of their disability as a condition of receiving a
mortgage. The federal government further alleged that Bank of America
discriminated against applicants receiving public assistance in violation
of the Equal Credit Opportunities Act. The federal government asked the
court for an injunction as well as monetary damages.
On December 5, 2012, the Court (Chief Judge Robert J. Conrad, Jr.)
signed a consent order which prohibited Bank of America from requiring
applicants to submit a letter from a doctor and required Bank of America
to institute a monitoring program, train staff on the new policies,
maintain a complaint resolution program, and to compensate affected
applicants. According to the press release from the Department of
Justice, Bank of America paid a minimum of $370 million in the
settlement to about 200,000 borrowers.
Megan Dolan - 06/08/2014
http://www.clearinghouse.net/detail.php?id=12473
allows married individuals to apply for credit either in their own name
or jointly with their spouse, even when the property is owned by both
spouses. For applications made by married individuals applying solely
in their own name between 2004 and 2008, Countrywide encouraged
non-applicant spouses to sign quitclaim deeds or other documents
transferring their legal rights and interests in jointly-held property to
the borrowing spouse. Non-applicant spouses who execute a quitclaim
deed risk substantial uncertainty and financial loss by losing all their
rights and interests in the property securing the loan.
In addition, the settlement requires Countrywide to implement policies
and practices to prevent discrimination if it returns to the lending
business during the next four years. Countrywide currently operates as
a subsidiary of Bank of America but does not originate new loans.
The departments investigation into Countrywides lending practices
began after referrals by the Board of Governors of the Federal Reserve
and the Office of Thrift Supervision to the Justice Departments Civil
Rights Division in 2007 and 2008 for potential patterns or practices of
discrimination by Countrywide.
Todays announcement is part of efforts underway by President
Obamas Financial Fraud Enforcement Task Force (FFETF). President
Obama established the interagency FFETF to wage an aggressive,
coordinated and proactive effort to investigate and prosecute financial
crimes. The task force includes representatives from a broad range of
federal agencies, regulatory authorities, inspectors general and state and
local law enforcement who, working together, bring to bear a powerful
array of criminal and civil enforcement resources. The task force is
working to improve efforts across the federal executive branch, and with
state and local partners, to investigate and prosecute significant
financial crimes, ensure just and effective punishment for those who
perpetrate financial crimes, combat discrimination in the lending and
financial markets, and recover proceeds for victims of financial crimes.
For more information on the task force, visit www.StopFraud.gov .
A copy of the complaint and proposed settlement order, as well as
additional information about fair lending enforcement by the Justice
Department, can be obtained from the Justice Department website at
www.justice.gov/fairhousing .
The proposed settlement provides for an independent administrator to
contact and distribute payments of compensation at no cost to
borrowers whom the Justice Department identifies as victims of
Countrywides discrimination. The department will make a public
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http://www.huffingtonpost.com/2013/09/25/bank-of-americadiscrimination_n_3990621.html
There is no doubt that Bank of America has targeted people that they feel are
inferior because they have a harder time fending for themselves due to their
disabilities or are less knowledgeable of their rights because they have a language
barrier that would impede them from understanding what is really going on. It is a
known fact, that Hispanics and those with disabilities are frequently targeted by
Bank of America. Even though we know fluent English and are American citizens,
our last names are a red flag for Bank of America. We were a dual target when
asking for help for our disable children. Bank of America thrives and engorges off
of the desperation of homeowners, especially those with special circumstances like
us. We were the perfect victims for their Office of the CEO and President and
dual tracking scheme for which our civil rights were ultimately violated.
Therefore, please be aware that Bank of America, N.A. and its coconspirators named in this complaint, Urban Lending Solutions d/b/a Urban
Settlement Services and Carlisle & Gallagher Consulting Group, Inc.. had FULL
knowledge that our children Rebecca Echeverria (who was 9 years old when the
abuse started) and Jonathan Echeverria (who was 6 years old when the abuse
started) were disable with autism and nonetheless began their full attack against us
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knowing very well that these children fully relied on us with their care. The abuse
and threats were willful, malicious and unnecessary and were to the extent that
they cause one of us, the main emotional and supportive caregiver, Isabel
Santamaria, the mother, to suffer emotional and physical ailments to the extent that
I became disabled myself and I could no longer work and contribute financially
or be as supportive in activities with our children in the past four (4) plus years as I
used to. These unnecessary abuses by Bank of America and its co-conspirators
mentioned in this complaint caused my disability (Isabel Santamaria), severely
jeopardized our childrens emotional development and have further delayed their
psychological and educational development as well. We also have over four (4)
years of psychological records to prove these allegations.
As mentioned, I have medical and psychological records readily available
that can substantiate my claims. I also have witness accounts and other
documentation that I can submit at your request. My daughter has also been
evaluated by her psychologist and is able to testify if necessary. Again, we can
provide any and all documentation to substantiate all of our claims.
Please accept this as my formal complaint of obstruction of justice, mail
fraud, discrimination and civil rights violations against Bank of America, N.A.,
Urban Lending Solutions and Carlisle & Gallagher Consulting Group, Inc.
Tolling of the Statute of Limitations will apply to this case because two of
the petitioners in this complaint are minors and disabled and the acts/scheme and
two of the perpetrators participating (Urban and Carlisle & Gallagher) were
fraudulently concealed until recently, all of which were discovered on December
13, 2013.
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42 U.S. Code 1982 - Property rights of citizens -All citizens of the United States shall have the same right, in every State and
Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell,
hold, and convey real and personal property.
By the scheme of such fraudulent means perpetrated by the respondents in
this complaint, we, the petitioners which included our disabled children, were
being deprived of enjoying the benefits of our home for which we invested our life
savings into said home and were deprived of our right with the perpetration of this
fraud, to enjoy, sell, or rightfully hold.
The Home Affordable Modification Program, also known as H.A.M.P., is
a federal program of the United States, set up to help eligible home owners
with loan modifications on their home mortgage debt. It is being set up in the
context of the ongoing subprime mortgage crisis in the debt markets, continuing
from 2008.
Bank of America, N.A. (BAC Home Loans) received tax-payer bailout funds
to participate in the HAMP program. Instead of assisting the petitioners as required
by the federal program for which they applied for, Bank of America, with the full
knowledge and cooperation of its co-conspirators Urban and Carlisle & Gallagher,
decided to abuse and harass the petitioners in this complaint after being fully aware
that we, the petitioners, had children with disabilities that relied exclusively on our
income and our care.
The respondents had every intention of depriving us from our rights as
property owners just to fulfill their greedy criminal objective.
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respondents are committing against them. The domain name is the case name.
The mafia-type respondents have and continue to illegally harass the petitioners
and are now violating the petitioners First Amendment Rights to Freedom of
Speech. This battle and situation is on-going and we will update of any
developments.
CRIMINAL VIOLATIONS
matter within the jurisdiction of any department or agency of the United States or
any case filed under title 11, or in relation to or contemplation of any such matter
or case, shall be fined under this title, imprisoned not more than 20 years, or both
18 U.S. Code 1346 - Definition of scheme or artifice to defraud
For the purposes of this chapter, the term scheme or artifice to defraud includes
a scheme or artifice to deprive another of the intangible right of honest services.
18 U.S. Code 1342 - Fictitious name or address
Whoever, for the purpose of conducting, promoting, or carrying on by means of the
Postal Service, any scheme or device mentioned in section 1341 of this title or any
other unlawful business, uses or assumes, or requests to be addressed by, any
fictitious, false, or assumed title, name, or address or name other than his own
proper name, or takes or receives from any post office or authorized depository of
mail matter, any letter, postal card, package, or other mail matter addressed to
any such fictitious, false, or assumed title, name, or address, or name other than
his own proper name, shall be fined under this title or imprisoned not more than
five years, or both.
18 U.S. Code 1341 - Frauds and swindles
Whoever, having devised or intending to devise any scheme or artifice to defraud,
or for obtaining money or property by means of false or fraudulent pretenses,
representations, or promises, or to sell, dispose of, loan, exchange, alter, give
away, distribute, supply, or furnish or procure for unlawful use any counterfeit or
spurious coin, obligation, security, or other article, or anything represented to be
or intimated or held out to be such counterfeit or spurious article, for the purpose
of executing such scheme or artifice or attempting so to do, places in any post
office or authorized depository for mail matter, any matter or thing whatever to be
sent or delivered by the Postal Service, or deposits or causes to be deposited any
matter or thing whatever to be sent or delivered by any private or commercial
interstate carrier, or takes or receives there from, any such matter or thing, or
knowingly causes to be delivered by mail or such carrier according to the direction
thereon, or at the place at which it is directed to be delivered by the person to
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whom it is addressed, any such matter or thing, shall be fined under this title or
imprisoned not more than 20 years, or both. If the violation occurs in relation to,
or involving any benefit authorized, transported, transmitted, transferred,
disbursed, or paid in connection with, a presidentially declared major disaster or
emergency (as those terms are defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a
financial institution, such person shall be fined not more than $1,000,000 or
imprisoned not more than 30 years, or both.
The conspiracy respondents in this complaint concealed pertinent
information, documents and defendants from participating in prior judicial
proceedings and committed obstruction of justice during federal and regulatory
investigations involving the respondents in this complaint which is a federal crime.
The conspiracy respondents perpetrated this scheme to defraud the plaintiffs and
other homeowners with the use of U.S. mail, misleading and defrauding the
plaintiffs and governmental agencies with false statements, titles,
misrepresentations, and company information all with the intent to defraud the
plaintiffs for the purpose in illegally obtaining property by means of false or
fraudulent pretenses and representations.
The psychological, emotional and monetary damages caused by the criminal
respondents named herein against us is substantial and justice must be served. We
speak not only on our behalf but on behalf of others who have been severely
damages by these criminals, especially by Bank of America, who is the ringleader
of this racketeering enterprise. Please follow through with this complaint as we
have provided more than sufficient evidence at this time and are willing to provide
more if necessary.
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Respectfully submitted,
___________________________________
Abdiel Echeverria Plaintiff
___________________________________
Isabel Santamaria Plaintiff
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AFFIDAVIT OF FACTS
I, Abdiel Echeverria, a citizen of the United States of America and the State
of Florida over the age of 21 years, declare that the statements made in this
document dated November 6, 2014 are true and correct to the best of my
knowledge and belief. The exhibits attached to this complaint against the
respondents are true representations of the originals. I do state under the penalty of
perjury.
Executed in the County of Brevard on November 6, 2014, the undersigned believes
them to be admissible as evidence in a court of law and if called upon as a witness,
I will testify.
Abdiel Echeverria
STATE OF FLORIDA
COUNTY OF BREVARD
.
Sworn to and subscribed before me this ________ day of ____________________, 2014,
by __________________________________, who has produced ______________________ as
identification.
__________________________________________
Notary Public
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AFFIDAVIT OF FACTS
I, Isabel Santamaria, a citizen of the United States of America and the State of
Florida over the age of 21 years, declare that the statements made in this document
dated November 6, 2014 are true and correct to the best of my knowledge and
belief. The exhibits attached to this complaint against the respondents are true
representations of the originals. I do state under the penalty of perjury.
Executed in the County of Brevard on November 6, 2014, the undersigned believes
them to be admissible as evidence in a court of law and if called upon as a witness,
I will testify.
Isabel Santamaria
STATE OF FLORIDA
COUNTY OF BREVARD
.
Sworn to and subscribed before me this ________ day of ____________________, 2014,
by __________________________________, who has produced ______________________ as
identification.
__________________________________________
Notary Public
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cc:
Ginnie Mae
451 7th Street, SW
Room B-13
Washington D.C. 20410
Autism Speaks
1 East 33rd Street
4th Floor
New York, NY 10016
Bloomberg News
release@bloomberg.net
hson1@bloomberg.net
CNN
Attn: Anderson Cooper
1 CNN Center
P.O. Box 105366
Atlanta, GA 30348
Fox News
Attn. Bill OReilly
1211 Avenue of the Americas
New York, NY 10036
oreilly@foxnews.com
MSNBC
Attn: Rachel Maddow
30 Rockefeller Plaza
New York, NY 10112
MSNBC
Attn: Ed Shultz
30 Rockefeller Plaza
New York, NY 10112
MSNBC
Attn: Keith Olbermann
30 Rockefeller Plaza
New York, NY 10112
MSNBC
Attn: Dylan Ratigan
30 Rockefeller Plaza
New York, NY 10112
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ABC News
47 West 66th Street
New York, NY 10023
NBC News
30 Rockefeller Plaza
New York, NY 10112
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