This is an article today in the ABI blog today.
BofA Judge Doesn’t Want to Rip Up Scathing Ruling Against Bank
A bankruptcy judge who rebuked Bank of America Corp. over its “heartless” foreclosure on a California couple is not happy that the homeowners want him to erase his ruling, Bloomberg News reported yesterday. The couple reached a private settlement with the bank that calls for rescinding both the $45 million penalty that Bankruptcy Judge Christopher Klein imposed on the lender and the scathing ruling he issued in March. “So you want me to take the injunction and tear it up and throw it out,” Judge Klein asked during a hearing yesterday in Sacramento. He then explained that if the opinion is vacated, it will be expunged from the annals of law and can’t be cited as a precedent in other foreclosure abuse cases. As one of the couple’s lawyers explained to the judge that they were very grateful for what he’d done in the case and said that approving the settlement wouldn’t take away from the message in his ruling, the wife sat in the courtroom next to her husband and cried silently. Judge Klein sent attorneys for the couple and the bank to meet privately with another judge to discuss further revising the settlement. After they spent four hours behind closed doors, the judge announced there were some unresolved issues and that they’d try to wrap it up on Oct. 18.
There are hundreds and hundreds of victims of Bank of America watching this case. We are so proud of Judge Klein standing his ground. This case MUST SET PRECEDENT. Millions of foreclosures, most follow the same, or very similar path , as the Sundquists. Quash this opinion and more folks will drop dead in courtrooms, have heart attacks, develop cancer, lose a spouse, get divorced, or be homeless. After 7.5 years of the famous Bank of America treatment, I have stage 4 lung cancer. They have stolen my life. I am not an anomaly, I am not a mistake. This is business as usual for Bank of America.
I hope Judge Klein reads this.
Why is my comment not here? Did you delete it?
Just saw it. Sorry. I wrote Judge Klein a handwritten note thanking him for that opinion right after it came out. I totally agree with you. I’m not sure it will “go away” if he “withdraws” the ruling. I don’t think it disappears off the docket. And it won’t disappear from the internet. Jon