Saturday, January 22, 2011

Las Vegas attorney: Bank of America deceived him over loan modification

Bank of America faces another lawsuit in Las Vegas alleging it deceived a homeowner about a loan modification -- the homeowner in this case being prominent Las Vegas attorney Matthew Callister.


Callister this week sued the bank in Clark County District Court, charging he and his wife have been trying for nine months to get Bank of America to approve a short sale for a property in Park City, Utah, but that "Bank of America has been repetitively stalling the approval of the short sale in an attempt to foreclose upon the home first."

Callister said in the suit that he and his spouse Jacqueline purchased the property as both an office and as the place they will retire, but now "defendants have intensely intervened with every possible effort by plaintiffs to short sale the home or to modify the loan."

"Defendants have done everything possible to avoid compliance with federal programs," charges the suit filed by Mathew Callister through his law office Callister + Associates LLC. "Bank of America has made a pattern of telling consumers, such as plaintiffs, that short sales are an available option. However, Bank of America makes these statements knowing that these statements are misleading and in fact, a short sale will not be approved."

Callister said Friday that instead of pursuing the case he filed this week, it was dismissed and he sued the bank over the same issues in state court in Utah. He said he's also considering filing an additional suit in behalf of hundreds of other borrowers or joining an existing suit filed against Bank of America by the Nevada Attorney General's office in Clark County District Court Dec. 17.

Callister's initial suit alleged violations of the Nevada Deceptive Trade Practices Act and includes allegations similar to those leveled in the Attorney General's Office lawsuit.

Read on.

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