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Woman Sues Big Banks To Save Foreclosed Home

Woman Sues Wells Fargo, BOA

POSTED: 6:13 pm EST February 24, 2010
UPDATED: 6:36 pm EST February 24, 2010

At least four local homeowners are suing big banks claiming they haven't done what they promised to help those struggling with mortgage payments.

Under a federal program, most banks have agreed to modify mortgages instead of foreclosing.

But NewsCenter 5's Kelley Tuthill said Carver's Roberta Frugoli broke down talking about the bad luck that lead to the foreclosure of her home.

"The bank hasn't listened. They have been very threatening all along," she said. "I would call them and say I'm willing to pay exactly what I owe. Just make it a little bit easier. It's a tough economy right now."

Frugoli and her attorney have filed suit in Brockton Superior Court against Wells Fargo.

"The banks agreed to evaluate any homeowner for a loan modification before they considered foreclosure. That's a prerequisite to foreclosure under the making home affordable program," attorney Josef Culik said.

Frugoli claims that did not happen in her case and now she's asking a judge to cancel the foreclosure sale of her home. The judge said he would hear from both sides in two weeks.

Frugoli's was one of four lawsuits filed in the Boston area by homeowners who say Wells Fargo and Bank of America aren't living up to what they promised to do.

One of the lawsuits, citing a U.S. Treasury report, alleges banks have only offered permanent modifications to 2 percent of eligible loans.

"the banks are failing at what they're supposed to do. They're not doing the modifications in the numbers that were expected. It's outrageous what they're doing," Culik said.

Wells Fargo could not comment on Frugoli's lawsuit directly. But both Wells Fargo and Bank of America said they have helped hundreds of thousands of people with loan modifications.

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