Bank of America Corp. and its Countrywide Home Loans unit were accused of racketeering in a lawsuit filed by two Indiana residents claiming that perjured affidavits were used to foreclose on their home.
Dwayne Ransom Davis and Melisa Davis filed the complaint yesterday in federal court in Indianapolis. Their lawyer, Irwin Levin, confirmed the filing in a phone interview. The filing couldn’t be independently verified.
“The defendants and their cohorts engaged in a pattern of racketeering activity in which they routinely and repeatedly prepared perjured affidavits in order to rapidly churn foreclosures,” the couple said in the complaint.
And a whole hell of a lot more of these are coming, folks. Good ol' racketeering charges. How delightfully old school, too.
The Davises accuse the lenders of using “robo-signers,” people who sign affidavits attesting to facts underlying foreclosures without actual knowledge of those facts, to push through paperwork to take their home in Knightstown, Indiana.
While the borrowers aren’t asking the court to reverse their foreclosure, they’re seeking compensatory damages tripled under federal racketeering laws, as well as class action, or group, status to sue on behalf of anyone whose home was allegedly taken since October 2006 under similar circumstances.
Levin said the group might include hundreds of thousands of people.
The case is Davis v. Countrywide Home Loans Inc., 10-cv-01303, U.S. District Court, Southern District of Indiana (Indianapolis).
Oh my. Now things are getting good. The lawyers smell blood in the water and BofA has about 30 metric tons of chum around its neck and is sinking fast. And they'll soon be joined down there by a number of other banks I'm thinking.
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