How do I serve the Bank of America

[Katharine Chartrand]

I had a purchase contract with the Bank of America on a house.  They "cancelled" the purchase contract and told me I am not getting my deposit back.  They are not in a strong position legally, but they will likely be stupid about this. So I need to prepare to serve them.  I've heard that can be the hardest part. 

Has anyone out there successfully served Bank of America?

[Wayne Brooks]

As to serving them, check with your sec of state, corporate division.  The banks usually have one of the "corporate registry" type firms as their designated agent.  I would also serve them at whatever address is shown on the deed where they got the property back at foreclosure.  If there are any addresses in their 18 page contract addendum, serve them there too.  As to the issue at hand, I'm not so sure it's as clear cut as you believe.  They are delivering insurance title, albeit with exceptions I'm sure for the water bill.  Their addendums are pretty broad as to ways they can stick it to you on the smaller things.  Obviously, communications with your agent about the water bill is irrelevant to the legal issue with B of A.  Ask about deposit disputes, and possible ways to resolve without a court order.  Here if the deposit is held by a RE brokerage, there is an alternative to a court proceeding, which is required when it is held by a title co.  But, I assume the EM is with B of A's title co.

After thought, if the closing agent is an attorney firm, they likely B of A's law firm that handled the foreclosure.  Serve them too.