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Proposed class action targets BofA on foreclosures
Breaking Legal News | 2011/02/03 10:08

Bank of America Corp was hit with a lawsuit on Wednesday claiming the lending giant hid foreclosure problems that eventually led to a decline in its share price.

The suit, a proposed class action, says Bank of America concealed defects in the recording of mortgages, which harmed investors when the company had to temporarily discontinue foreclosures last fall.

"We are reviewing the lawsuit and have no further comment at this time," said Bank of America spokeswoman Shirley Norton.

Along with other lenders like JPMorgan Chase & Co and Wells Fargo, Bank of America has been the subject of scrutiny over its foreclosure practices.

Attorneys General from 50 states kicked off an investigation last year amid questions about legal documents submitted in court.

And while litigation from angry borrowers has mushroomed, many of the leading U.S. class action firms have stayed out of the fray, citing the difficulty of recovering substantial damages.

Robbins Geller Rudman & Dowd, a major plaintiff firm known for bringing securities lawsuits, filed the case against Bank of America on Wednesday. Attorney Samuel Rudman was not available to comment.

The plaintiff, a union benefit plan, purchased nearly 25,000 Bank of America shares over three months last year at a high of $19.01, according to the court filing.

The day after news of the AG probe was announced last October, BofA's shares fell 69 cents from the previous day to close at $12.60, the lawsuit says.

It is unclear whether the plaintiff ever sold its shares. The lawsuit proposes a class made up of all who bought the stock between January 20, 2010 and October 19, 2010.

Bank of America concealed the fact that it did not have adequate personnel to process the huge numbers of foreclosed loans in its portfolio, the lawsuit says.

It also claims the bank concealed a practice of omitting billions of dollars in debt from its publicly reported balance sheet.




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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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