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Bank Of America Forecloses On Pamela Flores' House After Telling Her To Miss Payments

The Huffington Post  |  By Posted: 04/10/2012 12:10 pm Updated: 04/10/2012 1:40 pm

Bofa Foreclosure

Here's how Pamela Flores tells it: A couple years ago, she found that she couldn't keep making mortgage payments on her Atlanta house.

She says she then tried to get a loan modification, according to CBS Atlanta. Instead, Bank of America advised her to stop making payments altogether so that she could qualify for the Making Home Affordable Program, a federal initiative meant to provide mortgage relief.

Flores says BofA put her on a trial plan, then told her she'd missed a payment during the trial period and rejected her application. Flores contends she made that payment. Now BofA is foreclosing on Flores's home, saying it will go up for auction in less than a month.

Flores has subsequently aligned herself with the Atlanta chapter of the Occupy movement, whose members say they are setting up a site at her house and will work to reach an agreement with the bank.

Flores is far from the first homeowner to come forward with a story like this. Since the implosion of the housing market a few years ago -- followed by a spike in unemployment -- millions of people have been looking for ways to cope with mortgages that they suddenly can't maintain.

In many cases, banks have advised struggling homeowners to miss payments in order to qualify for a loan modification -- only to turn around and foreclose on the homeowner instead. The same thing allegedly happened to Frank and Deana Dixon of Scituate, Massachusetts and Annette Lake of Santa Clara, the latter also dealing with BofA. The practice is so common that it was one of the central subjects of a Senate banking committee hearing in December 2010.

Flores's case is also the latest public-relations snafu for BofA, which has been at the center of a litany of homeowner horror stories since the housing crisis took hold.

The bank has foreclosed or threatened to foreclose on homeowners who have never missed payments, in some cases putting those homeowners through months of unnecessary court battles.

In another case, in 2009, BofA contractors entered the home of Angela Iannelli, a borrower who was believed to be in default. The contractors padlocked Iannelli's doors, cut off the electricity and water and confiscated her parrot. The bank later apologized, admitting that they'd made an error and Iannelli was not actually in default.

And last summer, BofA mistakenly foreclosed on a retired Florida couple whose only crime was to make a mortgage payment a week early and file another payment online without a signature. The foreclosure was eventually halted.

As for Pamela Flores, BofA sent a statement to CBS Atlanta saying it never got the disputed payment and has made several unsuccessful attempts to contact Flores. The bank says it will keep trying to reach out to Flores to consider her for a loan modification.

Check out some other foreclosure fails:

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  • Columbine Shooting Survivor Fighting Foreclosure With Occupy LA's Help

    Richard Castaldo survived the shooting at Columbine High School 13 years ago and now he is fighting to <a href="http://www.huffingtonpost.com/2012/11/27/richard-castaldo-columbine-foreclosure-occupy-la_n_2198146.html?utm_hp_ref=business" target="_hplink">rescue his home from foreclosure</a>. The people of Occupy Los Angeles are helping Castaldo and others like him to save their homes.

  • USDA Forecloses On 78-Year-Old Cancer Patient

    The USDA foreclosed on 78-year-old Texas resident Alicia Ramirez, reportedly <a href="http://www.huffingtonpost.com/2012/08/06/alicia-ramirez-cancer-eviction_n_1747933.html?utm_hp_ref=business" target="_hplink">after she was diagnosed with cancer.</a> While the USDA has thus far allowed Ramirez to remain in her home, a court order evicting the senior citizen could be issued at any time.

  • Foreclosure Victims Lose Belongings After Free Yard Sale Goes Wrong

    The Vercher family of Woodstock, Georgia, offered to give away a <a href="http://www.huffingtonpost.com/2012/10/25/vercher-family-woodstock-craigslist-foreclosed_n_2017738.html?1351188857" target="_hplink">number of household items in a Craigslist ad</a> after their house was foreclosed on. Instead, they ended up losing nearly all of their belongings when people began taking items from inside the house.

  • Wells Fargo Offers Cancer Patient 'Assistance' Then Forecloses

    Terminal breast cancer patient Cindi Davis could no longer keep up with her mortgage payments due to the cost of her medical bills. Faced with media scrutiny, her lender <a href="http://www.huffingtonpost.com/2012/09/14/wells-fargo-forecloses-cancer-patient-cindi-davis_n_1883956.html?1347635836" target="_hplink">Wells Fargo told a local radio station it was seeking "assistance"</a> for Davis just weeks before setting the date to auction her home for December 19th, 2012.

  • Coca-Cola Heirs Lose $37.5 Million To Foreclosure

    Descendants of Coca-Cola founder Asa Candler have been hit hard by the housing bust with their <a href="http://www.huffingtonpost.com/2012/09/17/candler-family-foreclosure-losses_n_1890911.html?1347906436" target="_hplink">real estate development company losing $37.5 million to foreclosure since the Great Recession began</a>. (Pictured: the former mansion of Coca-Cola heir Asa Griggs "Buddy" Candler, Jr.)

  • Mom Evicted On Mother's Day

    After she and her husband were allegedly duped into a bad loan, California mom Sheri Prizant faced the possibility of being evicted from her home on Mother's Day, <a href="http://www.huffingtonpost.com/2012/05/11/sheri-prizant-eviction-mothers-day_n_1507681.html?1336741860" target="_hplink">MSNBC</a> reports.

  • CT Family Never Missed A Payment

    Shock Baitch and his wife Lisa of Connecticut <a href="http://www.huffingtonpost.com/2010/12/30/bank-of-america-foreclosure_n_802861.html" target="_hplink">were threatened with foreclosure by Bank of America</a> after never missing a payment. BofA mistakenly told credit agencies they were seeking a loan modification. "Now I am literally and financially paying for it," Baitch told <a href="http://ctwatchdog.com/finance/bank-of-americas-christmas-present-foreclose-even-though-not-a-payment-missed" target="_hplink">CTWatchdog.com</a>.

  • Man Gets Free Home After Lender Shutdown

    Facing foreclosure, Perry Laspina of Jacksonville, Florida ended up with a home practically for free after his mortgage lender was shut down by parent company Wells Fargo, <a href="http://realestate.aol.com/blog/2011/04/14/foreclosure-foul-up-wins-man-a-free-home/" target="_hplink">AOL Real Estate reports</a>. Laspina got the home "because of the significant decreased value of the property," a bank spokesman said.

  • BofA Forecloses On Building With Own Branch Office

    In Boynton Beach, Florida, Bank of America filed a foreclosure lawsuit against the owner of a building that houses one of its own branches, <a href="http://www.bizjournals.com/southflorida/news/2011/05/27/foreclosure-roundup.html?page=all" target="_hplink">South Florida Business Journal reports</a>.

  • Threatened Over $0.00 Unpaid Mortgage Payment

    A Massachusetts man was told he'd <a href="http://www.huffingtonpost.com/2011/06/08/massachusetts-homeowner-receives-foreclosure_n_872518.html" target="_hplink">face foreclosure unless he paid an outstanding mortgage payment worth $0.00</a>. "I'm going to write a check to them for zero dollars and have it clear? I couldn't help but laugh," he joked with local <a href="http://www.wwlp.com/dpp/news/i_team/I-Team:Man-gets-a-$0-foreclosure-notice" target="_hplink">News 22 WWLP</a>.

  • Home Allegedly Ransacked By Mortgage Company

    Chris Boudreau of Brooksville, Florida <a href="http://www.huffingtonpost.com/2011/07/06/florida-home-ransacked_n_890656.html" target="_hplink">told local news that his house was ransacked by his mortgage company</a>, 21st Mortgage Corporation, who he says even shredded his wife's wedding dress. "When she saw what happened...she was crying her eyes out," <a href="http://www.wtsp.com/news/local/article/199268/8/Mans-home-trashed-by-mortgage-company" target="_hplink">he told WTSP 10 News</a>.

  • Mortgage Payment Made Too Early

    A senior couple in Pasco County, Florida faced foreclosure not for missing payments, <a href="http://www.huffingtonpost.com/2011/08/22/senior-florida-couple-faces-foreclosure-mortgage-early_n_933147.html" target="_hplink">but for making one too early</a>. According to a Bank of America representative, they made themselves ineligible for a mortgage modification under the Home Affordable Modification Program when they did not make their payment in the "month in which it [was] due."

  • Foreclosure In 'World's Richest Apartment Building'

    Property developer Kent Swig and his soon-to-be ex-wife Elizabeth faced foreclosure from their apartment at 740 Park Avenue, <a href="http://www.huffingtonpost.com/2011/08/26/foreclosure-hits-property-developer-billionaire-building_n_937676.html" target="_hplink">a New York City address often cited as "the world's richest apartment building."</a>

  • Untransferred Title Leads To Unfair Foreclosure

    Brian and Khanklink Pyron of Houston, Texas were <a href="http://www.huffingtonpost.com/2011/10/10/brian-khanklink-pyron-foreclosure_n_1003339.html" target="_hplink">threatened with foreclosure despite keeping current on their payments due to an untransferred title</a>. "We did everything we were supposed to do," Brian Pyron told <a href="http://www.myfoxhouston.com/dpp/news/local/110926-family-hit-by-surprise-foreclosure?CMP=201110_emailshare" target="_hplink">MyFoxHouston</a>.

  • Foreclosure On Hurricane-Destroyed Home

    Brad Gana, of Seabrook, Texas was threatened with foreclosure by Bank of America even though his <a href="http://www.huffingtonpost.com/2011/10/31/foreclosure-crisis-bank-of-america-hurricane-ike_n_1068080.html" target="_hplink">house had been completely destroyed years earlier in Hurricane Ike</a>. "Bank of America is ruthless in their incompetency," <a href="http://www.click2houston.com/news/Bank-Forecloses-On-Home-Destroyed-By-Ike/-/1735978/4718190/-/vpooliz/-/index.html" target="_hplink">he told Houston 2 News</a>.

  • $1 Coding Error Leads To Foreclosure

    Utah's Shantell Curtis and her family were threatened with <a href="http://www.huffingtonpost.com/2011/11/03/bofa-foreclosure-missing-1-already-sold-home_n_1074538.html" target="_hplink">foreclosure by Bank of America on a home they had already sold years prior</a>. On top of that, the whole episode concerned the matter of just a $1 coding error.

  • Investigative Journalist Becomes Foreclosure Victim

    George Knapp, chief investigative reporter for Las Vegas CBS affiliate KLAS, found he was a <a href="http://www.huffingtonpost.com/2011/11/29/foreclosure-crisis-investigative-reporter-george-knapp-victims_n_1119480.html?ref=business" target="_hplink">victim of the very brand of foreclosure fraud he was investigating</a> for a news report. Him being the reporter, the episode put him in a "very weird spot," <a href="http://www.poynter.org/latest-news/als-morning-meeting/153585/local-tv-station-tackles-mortgage-mess-as-investigative-reporter-discovers-hes-a-victim-too/" target="_hplink">he told the Poynter Insitute</a>.

  • BofA Falsely Threatens Paralyzed Man With Foreclosure

    Robert Galanida, a 41-year-old man paralyzed from the shoulders down, <a href="http://www.huffingtonpost.com/2012/01/12/bank-of-america-sends-false-statements-paralyzed-eviction_n_1202463.html" target="_hplink">battled Bank of America for nearly a decade</a> because it repeatedly sent him false statements threatening foreclosure.

  • Tracy Morgan Refuses Mother Foreclosure Help

    In January 2012, actor Tracy Morgan reportedly refused to give his mother <a href="http://www.huffingtonpost.com/2012/01/31/tracy-morgan-foreclosure-mother_n_1244641.html" target="_hplink">$25,000 she needed to avoid foreclosure</a>, instead offering only $2,000.

  • Bank Of America Plaza Foreclosure

    The Bank of America Plaza in Atlanta was sold at a foreclosure auction in February after its landlord, BentleyForbes, could no longer afford mortgage payments, <a href="http://www.businessweek.com/news/2012-02-14/american-foreclosure-bottoms-at-atlanta-tower-auction-mortgages.html" target="_hplink">BusinessWeek reports</a>. BofA <a href="http://www.huffingtonpost.com/2012/01/10/bank-of-america-plaza-foreclosure_n_1197040.html" target="_hplink">was a tenant in the building at the time</a> but had no other connection besides sharing the tower's ironic name.

  • JPMorgan Tries To Foreclose On Civil Rights Activist

    Even while it promoted a February 2012 campaign to "fulfill" the "vision" of Martin Luther King Jr., <a href="http://www.huffingtonpost.com/2012/02/07/helen-bailey-foreclosure_n_1260078.html?ref=foreclosure-crisis" target="_hplink">JPMorgan Chase threatened 78-year-old civil rights activist Helen Bailey with foreclosure</a>. The bank ultimately allowed Bailey to stay in her home indefinitely after Occupy Nashville helped bring national attention to the issue, <a href="http://thinkprogress.org/economy/2012/02/14/425255/helen-bailey-foreclosure/" target="_hplink">Think Progress</a> reports.

  • Foreclosure At Luxury Retirement Home

    Despite being billed as "cosmopolitan living for ages 60+," the luxury <a href="http://www.huffingtonpost.com/2012/03/02/fox-hill-foreclosure_n_1314970.html" target="_hplink">Fox Hill Senior Condominiums was threatened with foreclosure</a> in March after its lenders said they were backing out.

  • Man Fined For Not Mowing His Old Lawn

    David Englett was charged with fines by the city of Arlington, Texas for not mowing the lawn of <a href="http://www.huffingtonpost.com/2012/03/02/david-englett_n_1317276.html" target="_hplink">a house he had already lost to foreclosure years earlier</a>.

  • 101-Year-Old Woman Evicted From Home

    Texana Hollis was evicted from her home due to foreclosure in September 2011, then <a href="http://www.huffingtonpost.com/2012/01/22/texana-hollis-evicted-detroit-woman_n_1222452.html?ref=foreclosure-crisis" target="_hplink">denied a subsequent promise that she could move back in</a> by the U.S. Department of Housing and Urban Development. It wasn't until April 2012 that <a href="http://www.cbsnews.com/8301-201_162-57409700/texana-hollis-evicted-at-101-allowed-back-home/" target="_hplink">she was finally granted permission to return to the home</a> she's lived in for 60 years.

  • BofA Forecloses On Woman After Telling Her To Miss Payments

    According to Pamela Flores, an Atlanta homeowner, <a href="http://www.huffingtonpost.com/2012/04/10/bank-america-foreclosure-miss-mortgage-payment_n_1414988.html" target="_hplink">Bank of America advised her to stop making payments</a> on her loan in order to negotiate a modification. After doing so, the bank foreclosed on her anyway, claiming she'd missed a trial payment

  • Mother, Disabled Daughter Forced Out Of Home Even After BofA Modification

    Dirma Rodriguez and her disabled daughter<a href="https://editorial.huffingtonpost.com/entry/?blog_id=2&entry_id=1423883" target="_hplink"> were forced to flee their home in minutes</a> after Bank of America sold it to a flipper at a foreclosure auction, even though the bank had already modified her loan. But not all hope is lost; Rodriguez may get her home back after the Occupy Fights Foreclosure movement intervened.

FOLLOW BUSINESS

Here's how Pamela Flores tells it: A couple years ago, she found that she couldn't keep making mortgage payments on her Atlanta house. She says she then tried to get a loan modification, according ...
Here's how Pamela Flores tells it: A couple years ago, she found that she couldn't keep making mortgage payments on her Atlanta house. She says she then tried to get a loan modification, according ...
 
 
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SpaceMonkeys
Both parties suck
04:51 PM on 04/10/2013
These days, every kid wants to go to college with a sushi bar in the lounge, cable TV, and weekly maid service.
09:16 AM on 10/16/2012
BofA told us we did not qualify for mortgage adjustments or loan modifications because we were up to date on our loan. We were informed to miss a payment and call back (my fault I did not think of getting something on paper), on that same call I asked them to cancel my auto payment.

About a month later I received a call from BofA informing me that I missed a payment. I told them I know and that was what I was told to do by them to qualify for a modification. She looked up my loan and said I still did not qualify and she could not help me. After a couple more months of failed attmps to get help from BofA my wife and I filed bankruptsy and included our home thinking that would end it.....

Three years later BofA just sold the loan that the government said I did not owe anymore to Ocwen and now they are trying to get money from us...

I am now working with an attorney, which I should have done a long time ago. Sorry for the long post.

God Bless!
08:01 PM on 10/25/2012
ok. so how do all of us get together who were told that you had to be behind to get the modification. I was approved for mediation and the bank was supposed to contact me for a modification. Customer Service at BOA said to get three behind and then I would be totally qualified. No one returned my calls until I hired a lawyer, then they said they could not talk to me..I had a lawyer. Then they started foreclosure...so do you just walk away or get us all togeher and sue their butts.. This bank screwed many people and they are getting away with it.
09:16 AM on 10/16/2012
My wife and I had a loan with BofA, In July of 2009 our drunk neighbor decided to play with his gun and put two rounds into my bedroom wall. One of the rounds hit within a foot of my head while I was sleeping, by the grace of God I am still here. My wife and I decided it was not safe for us and our two year old to be living next to people that only care about themselves so we lived with friends until the police were done with thier investigation.

Incidently to get away with that crime all you need to do is disappear for a few days stash the gun and say your old friend came over with the gun but you do not remember his name or where he lives.

Any way after my neighbor was not charged with any crimes and remained in his state paid for home (yes he was unemployeed, as was his wife and oldest children). We felt that we should not move back in to our home. I called BofA and informed them of the situation and explained that for our safety we would not be returning to our home.

Contined on the next post...
03:27 PM on 10/01/2012
Oh this happened with us also! Chase is our bank and they told us to call back in 3 months when we missed 3 payments! I actually sent half payments in to try to send something! Then we even did forebearance, went to mediation and made FULL payments and then they voided our mediation agreement on us. We hired a lawyer and the lawyer has scammed us now also. We hired another one but if this one doesn't do anything, we are leaving! Mr. President and Congress please do something for us! Thank you!
08:07 PM on 10/25/2012
i wish Mr. President could read these. No one helped us..NO one...
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HUFFPOST SUPER USER
dexter2323
X D
10:31 AM on 06/07/2012
"Flores says BofA put her on a trial plan, then told her she'd missed a payment during the trial period and rejected her application. Flores contends she made that payment."

Why doesn't Ms. Flores simply provide everyone with a receipt or an image of the deposited check as proof of payment? It would be an easy way to show us who's lying here.
08:07 PM on 10/25/2012
because they had no intention of sticking to their modification...its a freakin scam and then they igrnore you until it's too late. This is for real people. The banks own us..we have to stop using their credit cards...pay cash...and put them all down.
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HUFFPOST SUPER USER
JoAnn Kennedy
05:05 PM on 04/19/2012
Unjust enrichment, circumvent the evidence -- can not produce the note, allow the district and federal judges to change lawsuit. The banksters are using the courts to launder money and where is the FBI and the DOJ. State dept. of Banking ??? where are you??
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HUFFPOST SUPER USER
JoAnn Kennedy
05:01 PM on 04/19/2012
Have you noticed that all this fraudclosed stuff started right after 1999 and 2000. Does anyone else find it coincidental that the repeal of glass Steagal brought on this crisis.
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HUFFPOST SUPER USER
JoAnn Kennedy
02:32 PM on 04/19/2012
Bankers and the !% elite out to control the world
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HUFFPOST SUPER USER
Siebenstein
both parties are worthless
04:48 AM on 04/15/2012
People are suffering being stuck with lousy mortgages they can't get out of, while our criminal government kisses the banksters @$$3$ and the AG's deal/settlement put an insult to injury.
Do they think we'll forget?
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HUFFPOST SUPER USER
JoAnn Kennedy
01:47 PM on 04/19/2012
They created a problem, the banksters, the government sponsoring with easy cash from Fannie and Freedie Mac, and the courts. Then they offer a solution HOPE HAMP HARP loan mod's short sales, and then Resolution -- Homelessness whether you like it or not!
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HUFFPOST SUPER USER
JoAnn Kennedy
05:09 PM on 04/19/2012
DUE PROCESS WHERE ARE YOU???
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HUFFPOST SUPER USER
Siebenstein
both parties are worthless
02:07 AM on 04/20/2012
Yes, its a shame-- a shame on our government !
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yeswecanjane
Top 2% should create more jobs or pay more
01:24 PM on 04/14/2012
Why do people get such joy from a person who is losing their home?
03:28 PM on 04/14/2012
Why is Bank of America still up and running? If they're doing this kind of dirty deed; they need to be brought to court and get a taste of their own medicine.
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HUFFPOST SUPER USER
JoAnn Kennedy
01:53 PM on 04/19/2012
The courts have been bought off by the finaciers -- WE, all know that the loans that were originated were a premeditated murder to drive the economy to ruin 20 years later. The banksters fed off US -- offering low cost loans to drive people to seek re-finance at those strip mall Lending TREE centers -- The Money Stores -- gave loans, freely no underwriting, no due dillagence, just to get big commissions and fees to bundle those US mortgages into toxic derivatives.
Profits were considerable, all in a scam. The government knows and it hides the facts.
02:51 AM on 04/12/2012
That's right, she didn't produce one document from the "evil" bank that told her to skip payments. Another liar who couldn't afford her mortgage and blames everyone else.

Home ownership is a privilege, not a right, people. Maybe she'll wake up.
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Roelvdwegen
Truth & Justice are Liberally biased
06:38 PM on 04/12/2012
Read that last part? She isn't the only one.
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HUFFPOST SUPER USER
JoAnn Kennedy
01:55 PM on 04/19/2012
14 million known fraudclosures and countless more fraudclosed upon in shadow inventory from equity loans banks gave as a safety net only to fraudclose on the homeowner later.
08:08 PM on 10/25/2012
you have no idea...
HUFFPOST SUPER USER
joeyhas
12:59 AM on 04/12/2012
with all the news about banks, foreclosures, and especially BoA, one would think they know better than to trust what a bank tells them.
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HUFFPOST SUPER USER
PARepublican
Advocate for personal responsibility
10:15 PM on 04/11/2012
I would like for her to show the letter the bank sent advising her to miss the payments
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HUFFPOST SUPER USER
JoAnn Kennedy
02:17 PM on 04/19/2012
I would like to see the initial $1,000/incentative and the $1500 after the loan mod was completed as per the guidelines set forth by OBAMA"S Making home afforadable modification program. You can't take personal responsibility when the Banksters are scamming against the homeowner.
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HUFFPOST SUPER USER
InfinteShibumi
Just breathe...
09:36 PM on 04/11/2012
I've come to the conclusion that it's necessary to bring a tape recorder and a witness for all mortgage transactions.
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12:18 AM on 04/12/2012
you want to tape record writing a check
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HUFFPOST SUPER USER
Carla van der Meer
in scientia opportunatis
07:20 PM on 04/11/2012
It's horrible to see more people losing their homes while bank executives are pocketing huge salaries and even bigger bonuses. And the banks can't figure out why people don't like them.
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12:20 AM on 04/12/2012
gee what is next, being the butt of jokes on sit-coms
12:27 AM on 04/12/2012
Is that supposed to be funny? What is your point? Or do you even have one!
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12:20 AM on 04/12/2012
g eee what is ne xt, being the bu tt of jok es on sit-coms