California Superior Court Orders Bank of America and Borrower to Provide Privacy Notice to Other Impacted Borrowers

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On Friday, October 17, 2014, over one hundred homeowners with loans serviced by Bank of America were sent notice of a lawsuit pending in the Superior Court of Solano County, California. The case was brought by the borrower through her counsel, Housing and Economic Rights Advocates of Oakland and Humphreys Wallace Humphreys, P.C. of Tulsa, OK.

The case is Mildred McCauley v. Bank of America, N.A., et al; Solano County Superior Court Case No. FCS041881. Mildred McCauley’s case is set for a jury trial in November 2014.The notice is being sent to borrowers who made home loan modifications with Bank of America that the bank identified as being part of a "FNMA Excessive Forbearance Remediation Project." Subject to the Privacy Notice, the Court has ordered Bank of America to turn over call recordings made with borrowers during the period of the Excessive Forbearance Remediation Project in 2013. These calls may contain information about other Bank of America customers who notified the bank that their modified account was current and that the bank was seeking to collect money that was not owed. Mildred McCauley filed suit alleging she was harmed by wrongful collections after Bank of America removed her modification and monthly payments on her account in February 2013. She alleges she was never informed of the "excessive forbearance" project and that Bank of America continued its collection despite knowing and being told that it was wrongful.

Any recordings turned over will be governed by a "protective order" entered by the Court and will not be disclosed outside of the litigation. Borrowers receiving the notice may elect to "opt out" by using the instructions contained in the notice.

Please do not contact the Court. If you received a Privacy Notice and wish to speak with the lawyers representing the homeowner, they may be reached at:

David Humphreys
Luke Wallace
Humphreys Wallace Humphreys, P.C.
9202 S. Toledo Avenue
Tulsa, OK 74137
918 747 5300

Elizabeth S. Letcher
Housing and Economic Rights Advocates
1814 Franklin Street, Suite 1040
Oakland, CA 94612
(510) 271-8443 Telephone
You may read the contents of the Order by visiting

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David Humphreys
since: 08/2011
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