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Couple Receives a Million Dollar Award Against Bank of America

foreclosure defense on Long IslandNelson and Joyce Coniglio had received more than 700 collection calls during a 4 year period when they fell behind on their mortgage payments. The Coniglios hired an attorney to try to make Bank of America stop calling them. Unfortunately, this didn’t work. A Federal Judge sitting in Florida recently awarded the Coniglios $1 million dollars related to the “unrelenting phone calls from Bank of America.”

Bank of America had an excuse for the phone calls. Their Senior Vice President, Dan Frahm, said the calls weren’t to collect a debt, but solely to help the couple avoid a foreclosure lawsuit.

Lawsuit Against Bank of America

The Coniglios were forced to file a lawsuit in Federal Court to stop the harassing phone calls from Bank of America. They received a default judgment when Bank of America failed to respond to their lawsuit in a timely manner. The lawsuit stemmed from Bank of America making hundreds of robo-calls to the Coniglios. Sometimes they received as many as 5 phone calls a day. Jason Coniglio, the parties’ son, stated “we would be out to dinner and they would ring my mother’s cell phone, then they would ring my dad’s cell phone and then when we got back to the house, there would be another message on the answering machine.” Their son, Jason, works as a mortgage broker. He diligently tried to help his parents get a mortgage modification. Unfortunately, he could never get anyone from Bank of America to cooperate with him. Their lawsuit was pursuant to the Telephone Consumer Protection Act. The damages were $500 per call and they were tripled. The Coniglios’ attorney stated “the borrowers, the people who own those phones, you do have a right to privacy. And when they say to stop, you have to stop.”

Bank of America had asked the court to reconsider this large award against them. However, the judge denied their request.

Conclusion

When banks misbehave, they can be punished by taking legal action against them.

foreclosure defense lawyer in New YorkElliot Schlissel is a foreclosure defense lawyer. He represents families throughout the Metropolitan New York area who have problems dealing with banks related to mortgage modifications and foreclosure lawsuits.

Foreclosure Horror Story

Warren Nyerges and his wife Maureen purchased a home from Bank of America in St. Petersburg, Florida. They paid $165,000 for a twenty-seven-hundred square foot home.

Foreclosure Proceedings Initiated on Home

Several months after paying $165,000 for the home and having no mortgage on it, Warren and Maureen were sued in a foreclosure proceeding. They originally thought this was a joke. The house had no mortgage on it. This was the start of a saga lasting almost two years. A representative from Bank of America told Warren he was not current on his mortgage. This was ridiculous; he didn’t have a mortgage.

Homeowners Sue Bank of America

Warren and Maureen eventually sued Bank of America. After painstakingly researching this situation, Warren and Maureen found out that their names were taken from their real estate contract to buy the house and placed on a previously initiated foreclosure proceeding.

Florida Attorney General Investigation

The Attorney General’s office in Florida investigated this matter. They ascertained the attorney representing Bank of America had engaged in fraudulent practices. He had overcharged homeowners in legal fees. He also brought foreclosure proceedings without having the appropriate documents showing the banks were owed money on the homes. Eventually, Maureen and Warren were able to straighten out their problem with the help of a foreclosure defense attorney.

Foreclosure Help

Is your home in foreclosure? If so, we can help you save it! We are a foreclosure defense law firm. For more than thirty years, we have helped our clients in obtaining mortgage modifications and dealing with mortgage modification programs that fail to meet their needs. We represent our clients in foreclosure defense litigation. We litigate issues involvingdefective mortgage, predatory lending, defective foreclosure lawsuits and other types of real estate issues. We attend foreclosure court conferences on behalf of our clients.

At the time of our initial consultation, we provide all foreclosure options to our clients. In situations when foreclosure related bankruptcies make sense, we discuss either filing a Chapter 7 or Chapter 13 bankruptcy. Filing bankruptcy immediately stops the foreclosure from moving forward. Sometimes the bankruptcy can also eliminate second mortgages. We discuss with our clients how to re-establish credit at the end of the bankruptcy. Feel free to call to discuss your foreclosure options. We appreciate your visiting us on our foreclosure blog.

Foreclosure Defense in Valley Stream, Lynbrook, Baldwin, Malverne, Freeport, Oceanside, Long Beach, Elmont, Lakeview, West Hempstead, Hempstead, Merrick and Bellmore, New York

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We represent individuals throughout the New York Metropolitan area with divorce and child custody, personal injury, car accident, wrongful death, estate administration, nursing home and medicaid issues

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