Bank of America's mortgage lending unit has been involved in what may be criminal activity, erasing recorded phone calls that they had with members of Congress and both Democrat and Republican officials who got sweetheart deals through Countrywide.

The recorded phone calls were somehow magically erased when the tapes were subpoenaed. BOA is being tight-lipped, only releasing PR fluff statements about the whole episode.

But there's another angle to this story. BOA was apparently recording every phone call ever with every customer regarding Countrywide mortgages.

Meanwhile, callers have told Clark that they've tried to record BOA and been promptly shut down by the customer service representative on the other end of the line.

It's always wise to try to take a defensive position and record your side of the conversation. Technology makes it so easy these days. If you live in what's called a one-party permission state, you don't even have to tell the other person on the line that you're recording. If, however, you live in a two-party permission, you're simply required to say, "You're on a recorded line," before proceeding with the call. Determine what kind of state you live in.

Let's face it, companies are not recording you to serve you better or for "quality purposes." They're looking for something they can use against you if they need to. And did you know that some companies now pull a George Orwell and record your call even when they put you on hold?!