Well it could be considered "forced" to buying Countrywide since they invested 2 Billion only to find it need another 4 billion to survive.
I believe BofA approached Merrill a few months before the crises but Merrill turned them flat down. Shortly found Lehman was going down the tubes so Merrill hastily did a deal with BofA knowing his head was on the chopping block.
Anyway you slice it BofA is a zombie who destiny will be decided by govt.