Indiana Borrowers Sue Bank of America

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 Tuesday in federal court in Indianapolis.

Their lawyer, Irwin Levin, confirmed the filing in a phone interview. The filing could not 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.

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, Ind.

Though the borrowers are not asking the court to reverse their foreclosure, they are 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.

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