FAIRHOPE, Ala. - A Fairhope law firm has filed a lawsuit, which has evolved into a class action in Mobile federal court, challenging mortgage foreclosures by Bank of America, according to Earl Underwood, an attorney with the Underwood and Riemer firm.

The case was brought on behalf of Kimberly George against Bank of America and its subsidiary BAC Home Lending Services, according to the firm’s news release.

The claims arise from the servicing of a real estate mortgage loan secured by George for property located in Mobile County, and the lawsuit alleges the Bank of America wrongfully attempted to foreclose on George’s home. 

“This case is similar to many we continue to see rising out of misrepresentations and poor practices by mortgage companies regarding the handling of federal money passed to them under programs such as the ‘Homeowner Affordability and Modification Program’ (HAMP), stated Kenneth J. Riemer, Partner, Underwood & Riemer.   “When Bank of America accepted billions of dollars in taxpayer bail out funds, it agreed to follow these HAMP rules, which are designed to help struggling homeowners. What we see in the George case, and many others like it, is a systematic refusal to follow these rules and a rush to foreclose when the homeowner has done everything to hold up their side of the HAMP.” 

The case was filed in Mobile Circuit Court in October, which the defendant then moved to federal district court in Mobile, Underwood said.

The Fairhope firm has associated the National Consumer Law Center as co-counsel and expect the case to be consolidated with other similar cases filed in other states.

Editor’s note: See additional reporting on this story in upcoming edition of Fairhope Courier.