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Case 1:10-md-02193-RWZ Document 210 Filed 06/07/13 Page 1 of 5

HONORABLE RYA W. ZOBEL

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS IN RE BANK OF AMERICA HOME AFFORDABLE MODIFICATION PROGRAM (HAMP) CONTRACT LITIGATION

No. 1:10-md-2193 RWZ

DECLARATION OF STEVE BERMAN IN SUPPORT OF PLAINTIFFS MOTION FOR CLASS CERTIFICATION I, Steve Berman, declare as follows: 1. I am the managing partner of the firm of Hagens Berman Sobol Shapiro LLP and

am one of the co-lead attorneys representing Plaintiffs in this MDL. I am over the age of 18, otherwise competent to testify and state the following based on my personal knowledge. 2. Our firm has been contacted by thousands of individuals who have potential

claims involving HAMP modifications, but who have not yet filed their own suits. These include well over a thousand people who have confirmed that they completed all requirements of a Trial Period Plan but did not receive a permanent loan modification from Bank of America. 3. The following exhibits are true and correct copies of documents produced in this

litigation. Pertinent portions of certain documents cited in the Memorandum have been highlighted for the Courts convenience.

Case 1:10-md-02193-RWZ Document 210 Filed 06/07/13 Page 2 of 5

Exhibit 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Description Declaration of William E. Wilson, Jr., dated June 5, 2013 Declaration of Simone Gordon, dated May 23, 2013 Declaration of Theresa Terrelonge, dated May 15, 2013 Declaration of Steven Cupples, dated May 15, 2013 Declaration of Recorda Simon, dated July 9, 2011 Declaration of Erika Brown, dated June 30, 2010 Declaration of Bert Sheeks, dated May 21, 2012 Excerpts from the deposition of Tawnya Schoolitz, taken May 9, 2012 List of Class Representatives by state List of Claims and States for Which Plaintiffs Seek Certification Klein Kavanaugh Costello rsum Hagens Berman Sobol Shapiro rsum

Following Exhibits Are Filed Under Seal


13. 14. 15. 16. 17. 18. 19. 20. 21. Class Certification Report of Professor Ian Ayres Excerpts from the deposition of J. Neal Walsh, taken February 24, 2012 Excerpts from the deposition of Manfred Lindemann, taken March 1, 2012 Excerpts from the deposition of Amy Opiela, taken February 28, 2013 Excerpts from the deposition of Lourdes Duarte, taken May 23, 2012 Excerpts from the deposition of Christopher Robert William Orris, taken May 31, 2012 Excerpts from the deposition of Roger Parkinson (as the 30(b)(6) designee of Bank of America), taken March 7, 2013 Class Representatives Trial Period Plans (TPPs) Bank of America HAMP Base Net Present Value Test, Bates numbered BAC-HAMP 54230-265

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Exhibit 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38.

Description Internal Bank of America document re HAMP loan-level details (TPP payment deadlines), Bates numbered BAC-HAMP 494759 Internal Bank of America email, from Jinja Martin, dated Feb.-Mar. 2010, Bates numbered BAC HAMP 772932-34 Internal Bank of America email, dated Mar. 23, 2010 re SD 09-06, Bates numbered BAC-HAMP 489990-92 Bank of America Home Retention Collections Division Operational Review, dated Oct. 8, 2009, Bates numbered BOA-HAMP 292888-910 Internal Bank of America memorandum, dated Mar. 30, 2010, Bates numbered BAC-HAMP 486996-98 Bank of America chart re Mortgage Servicing / Controls Improvement Initiative Tracking, Bates numbered BAC-HAMP 491657 Internal Bank of America email from Jinja Martin, dated Mar. 12, 2010, Bates numbered BAC-HAMP 490477 Internal Bank of America email, dated May 2010, re FNMA Streamline Process, Bates numbered BAC-HAMP 501075-78 Internal Bank of America email, dated Feb. 10, 2010, re Product Meeting, Bates numbered BAC-HAMP 491563 Internal Bank of America email, dated June 28, 2010, Bates numbered BAC-HAMP 511718 Internal Bank of America email, dated Apr. 2010, Bates numbered BACHAMP 491793-95 Bank of America chart re MHA Escalation Types, Bates numbered BACHAMP 489161 Internal Bank of America email, dated June 22, 2010, from Greg Mackler, Bates numbered BAC-HAMP 549765-66 Internal Bank of America email, dated Sept. 2011, re compliance issues, Bates numbered BAC-HAMP 486706-707 Bank of America materials re Loan Modification Team Update, dated Mar. 16, 2010, Bates numbered BAC-HAMP 487750-57 Bank of America document outlining underwriting incentive program, Bates numbered BAC-HAMP 511436-37 Internal Bank of America email, dated Mar. 10, 2010, re MHA Mods, Bates numbered BAC-HAMP 489099-100

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Exhibit 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55.

Description Internal Bank of America email, dated June 2010, re TX Document Processing Pics, Bates numbered BAC-HAMP 511719-22 Internal Bank of America email, dated Feb. 25, 2010, re MHA Organizational Announcement, Bates numbered BAC-HAMP 693816-18 Bank of America document re Underwriter Training Feedback, Bates numbered BAC-HAMP 512097-98 Bank of America materials re Modifications, Bates numbered BAC-HAMP 489195-212 Internal Bank of America email, dated Mar. 10, 2011, re Daily vendor mailing update, Bates numbered BAC-HAMP 500477-78 Internal Bank of America email, dated Nov. 2010, re Audit Review, Bates numbered BAC-HAMP 499376-80 Internal Bank of America document re Loan Document Management, Bates numbered BAC-HAMP 495529-38 Internal Bank of America email, dated Dec. 7, 2010, re Underwriter Incentive Program, Bates numbered BAC-HAMP 511433-35 Internal Bank of America email, dated Dec. 2010, re Incentive Program for Underwriters, Bates numbered BAC-HAMP 512103-04 Internal Bank of America email, dated Sept. 3, 2010, re Drive for 5, Bates numbered BOA-HAMP 070787-89 Internal Bank of America email, dated Apr. 2010, re MHAC Inquiries, Bates numbered BAC-HAMP 696525-27 Internal Bank of America email, dated May-June 2010, re Management Escalation, Bates numbered BAC-HAMP 511911-95 Excerpts from Bank of America AS-400 report for Antoun & Saba Moussa, Bates numbered BAC-HAMP 90391-94, 90412-20 Excerpts from Moussas HomeSaver Workout Notes, Bates numbered BAC-HAMP 32025-38 Saba Moussa payment posting history, dated Jan. 25, 2011, Bates numbered BAC-HAMP 32822-32 Correspondence between Bank of America and Antoun and Sabah Moussa, Bates numbered BAC-HAMP 077864-65 Notice of Intent to Accelerate, from Bank of America to Anoun and Sabah Moussa, dated Dec. 14, 2010, Bates numbered BAC-HAMP 77638-39

Case 1:10-md-02193-RWZ Document 210 Filed 06/07/13 Page 5 of 5

I declare under penalty of perjury that the foregoing is true and correct. Executed on June 7, 2013 in Seattle, Washington. /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 Courts electronic filing system. Parties may access this filing through the Courts system. /s/ Steve W. Berman Hagens Berman Sobol Shapiro LLP

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