In Re: Bank of America Home Affordable Modification Program (HAMP) Contract Litigation

MOTION to Certify Class

D. Mass.June 7, 2013

- 1 - 010176-16 616710 V1 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE BANK OF AMERICA HOME AFFORDABLE MODIFICATION PROGRAM (HAMP) CONTRACT LITIGATION MDL No. 2193 Centralized before the Honorable Rya W. Zobel This Document Relates To: ALL ACTIONS PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION Pursuant to Local Rule 7.2 and Fed. R. Civ. P. 23, Plaintiffs respectfully submit this Motion for Class Certification (“Motion”). Plaintiffs request that the Court certify the following 26 separate liability-only classes pursuant to Rule 23(c)(4), consisting of individuals in 26 states1 who meet the following definition: All individuals with home mortgage loans on properties in [state] whose loans have been serviced by Bank of America and who, since April 13, 2009, have entered into a Trial Period Plan Agreement with Bank of America and made all trial payments required by their Trial Period Plan Agreement, other than borrowers to whom Bank of America tendered either: (a) A Home Affordable Mortgage Agreement sent to the borrower prior to the Modification Effective Date specified in the Trial Period Plan Agreement; or (b) A written denial of eligibility sent to the borrower prior to the Modification Effective Date specified in the Trial Period Plan Agreement. 1 The 26 states are Alabama, Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Illinois, Kentucky, Maryland, Massachusetts, Michigan, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Virginia, Washington, and Wisconsin. Case 1:10-md-02193-RWZ Document 208 Filed 06/07/13 Page 1 of 3 - 2 - 010176-16 616710 V1 “Trial Period Plan Agreement,” as used in this definition, refers to the agreements BoA provided to borrowers in 2009 and the first part of 2010, pursuant to Treasury Directive SD-09 (and excludes agreements BoA made for FHA loans pursuant to different contracts). Plaintiffs also request that oral argument be heard on their Motion. This Motion is supported by the following: 1. Plaintiffs’ Memorandum in Support of Motion for Class Certification. 2. Declaration of Steve W. Berman in Support of Plaintiffs’ Motion for Class Certification, and all exhibits thereto. 3. Plaintiffs’ Proposed Trial Plan, and all exhibits thereto. WHEREFORE, Plaintiffs respectfully request that this Court grant Plaintiffs’ Motion For Class Certification and the relief requested herein. Dated: June 7, 2013 Respectfully Submitted, /s/ Steve W. Berman Hagens Berman Sobol Shapiro LLP Steve W. Berman Ari Y. Brown Tyler S. Weaver 1918 8th Avenue, Suite 3300 Seattle, WA 98101 206.623.7292 (p) 206.623.0594 (f) steve@hbsslaw.com ari@hbsslaw.com tyler@hbsslaw.com /s/ Gary Klein Klein Kavanagh & Costello Gary Klein (BBO 560769) Shennan Kavanagh (BBO 655174) Kevin Costello (BBO 669100) 85 Merrimac Street Boston, MA 02114617 617.357.5500 (p) Case 1:10-md-02193-RWZ Document 208 Filed 06/07/13 Page 2 of 3 - 3 - 010176-16 616710 V1 klein@kkcllp.com kavanagh@kkcllp.com costello@kkcllp.com Interim Co-Lead Counsel LOCAL RULE 7.1 CERTIFICATE I certify that pursuant to Local Rule 7.1 that on June 7, 2013, counsel for all parties have conferred, and Defendant opposes the relief sought in this motion. /s/ Steve W. Berman Hagens Berman Sobol Shapiro LLP CERTIFICATE OF SERVICE I hereby certify that on June 7, 2013, a true and correct copy of this document was filed electronically. Notice of this filing will be sent by electronic mail to all counsel of record by operation of the Court’s electronic filing system. Parties may access this filing through the Court’s system. /s/ Steve W. Berman Hagens Berman Sobol Shapiro LLP Case 1:10-md-02193-RWZ Document 208 Filed 06/07/13 Page 3 of 3