a. S.F. Audit Finds Flaws In Foreclosures
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I am new to your blog. I registered to your blog, but havent figured how to ‘participate’ and add to your blog and hope this message will reach you. Nonetheless, I am fascinated by the level of egregiousness on behalf of the mortgage banking industry. I happen to be faced in a literal battle against BofA formerly Countrwide to save my home from auction sale. I have filed 2 separate lawsuits against BofA, following discovery that the California Attorney General’s office had reviewed my file as a result of their criminal investigation of fraud against Countrwide and a separate investigation from the FTC which resulted in FTC v Countrywide for illegal servicing which they settled in form of a class action suit. Naturally, I became an interested party to seek justice as I was one of many who has been defrauded by these bastards. So now my question. I have a two suits, I am due for auction and now need to resort to an ex parte’ to support a Temp.Restraing Order (TRO) to stop the sale. What advise can you give me to strengthen my pleading?
I Christine Thomas am writing this letter on behalf of myself and my home located at 14016 S. Wilkie Ave, Gardena CA 90249. I have been trying to get a permanent loan modification (HAMP) for my home since October 2008 with no success. Today my house is in foreclosure. I am currently a special education elementary school teacher for the Los Angeles Unified School District. I have been teaching for the past 15 years with no loss of employment. When I first contacted Bank of America (then Countrywide) in October 2008 for assistance with my mortgage payments in the amount of $2919.00 which was over 60% of my gross pay, they instructed me that I had to be at least 3 months past due in order to get help.
After following their instructions, Countrywide offered me a “silent second” that would have increased my monthly payment around $100.00 more a month. Every time I called, their customer service representatives strongly encouraged me to sign the documents they sent. I felt that that would have been irresponsible on my part considering my financial situation. Up until April 2009, that was the only modification offer ever extended to me. In June of 2009, I finally received the HAMP trial modification. I made payments of $2216.37 a month from August 2009 through November 2009. After my fourth trial payment I filed bankruptcy on November 2, 2009 excluding my house. I felt that it was safe to file for bankruptcy since I followed the instructions of HAMP which stated that you only needed to make three trial payments in order to get a permanent modification. I did not know that filing bankruptcy after my fourth trial payment would cancel my modification. My modification was cancelled in December 2009. When I called Bank of America they told me that I would have to reapply.
On December 28, 2009 I reapplied for HAMP. It has been a nightmare ever since. In November 2010 I was approve again for the HAMP modification. In December 2010 I kept calling Bank of America to find out when I would receive my FedEx package and they kept telling me that it would be mailed out soon. Finally in February 2011 my FedEx package was initiated and I got a tracking number (794425919960). I never received the HAMP trial offer. In June 2011 I contacted the Attorney General of California, Kamala Harris and explained to her the servicing issue I was having with Bank of America. I received a letter for the Department of Justice on July 1, 2011 stating that they would have Bank of America contact me. On July 25, 2011 I received a call from Erica, CEO Office of Bank of America’s secretary. She stated that she was commissioned by the Attorney General to give me a call to work out a HAMP modification. After explaining my situation to her and the distress that I have been put under trying to get a loan modification, she told me. “Let’s move forward in the mortgage modification,” and the she would be by single point of contact from then on. Well, that was another lie. A couple of months later, I got another negotiator, then another one. This past year alone I have had over 10 different negotiators
On January 9, 2012, my third negotiator as me to fax her a paper stating how I get paid because I am a school teacher and I only work 10 months out of the year. A couple of days later, I got a FedEx package asking me for the same thing. I ignored the package because I had just faxed the same information a few days ago. In February 2012 I got a call from my fourth negotiator Barry. He left me a voice message asking me to call him. I left a message for him but he never called me back. In March 2012 I called back again and found out that I had a fifth negotiator Liliana Bautista. I left her a message. On April 24, 2012 I got a letter from Liliana state that she was my new negotiator and that she would be contacting me soon. I never received a call. On May 30, 2012 I called Bank of America to get a status on my account. The service representative said that, “there is no activity on your account.”
On June 21, 2012 I received a letter from ReconTrust that I was in default. I never even received a call from Liliana Bautista let alone that I was denied the HAMP. On June 25, 2012 I received another letter from Liliana Bautista stating that, “Due to a recent change in the status of your home loan assistance request, you will no longer be assigned to a dedicated, single point of contact.” From April to June, Liliana was assigned as my customer service manager. I never talked to her.
On July 2, 2012 I called Bank of America to discuss why my home of 20 years was place into foreclosure while I was trying to get a loan modification. I spoke to Elizabeth ID # 3122. She informed me that I no longer had a Customer Relationship Manager, and they have attempted to call me on 4 occasions: January 9, 13, 17, February 20, and June 12, 2012 at a number I never gave them to contact me. The number that they called; 310-329-9408 is a number I use only for faxing and internet. I never gave them this number to contact me. I didn’t even have a land-line phone for that number! I asked her why would Bank of America try to call me on that number when I have over 100 times given them my cell phone number (310-722-2851) as a point of contact. I told her that I have put my cell phone number on every fax I have sent them and have given them that number every time I spoke to them. I told her that every time I talked to a representative that they would always asked me for a current contact number. I also asked her how is it that from October 2008 through January 2012 Bank of America had always called me on my cell phone. I have had the same cell phone number since 1997! Elizabeth also informed me that they sent me out a FedEx package on June 4, 2012 and that I have until July 4, 2012 to return it. I told her I never received a package. I asked for a tracking number and she said she doesn’t have one. I asked her why I never received a decline letter. She also told me that her system shows that Bank of America is preparing a letter of decline. I told her it was illegal for the bank to start foreclosure proceedings when I haven’t been officially decline a loan modification! I also asked her how can I return a package that I never received!
On July 6, 2012 I received another letter from Bank of America saying that, “We want to work with you and are here to help. Call us at 1-800-262-4218 to tell us about your individual situation and together we’ll evaluate how one of these options may help.” I call the number. I spoke to a Susan Dixon ID # 6155. She told me that I had another customer service relationship manager (# 6 since July 2012). His name is Billie Garcia. She also informed me that the system is showing that I have a “Foreclosure in process” and “A workout pending.” I asked her how is that possible. She stated that, “I don’t know. The system is showing conflicting information.” I explained to her that it is illegal to be in the process of a loan modification and in foreclosure. She then proceeded to place me on hold and came back saying that I can call the Foreclosure Attorney at 800-281-8219.
Below your will find documentation of my past history with Bank of America for the past 3 ½
years. 99% of the time is when I called them.
1. February 9, 2009-Offered a “silent second” from Countrywide which would have increased my payments $100.
2. March 2009-Went to West Angeles Community Development Corporation (HUD) for counseling. They could not help me.
3. June 26, 2009- Got a letter from B of A stating I might qualify for HAMP if I make 3 trial payments.
4. July 3, 2009- Got the HAMP letter again.
5. July 11, 2009- Got a letter from B of A stating, “We are please to advise you that your loan modification have been approved.” (In-house modification). I never received a modification packet.
6. October 27, 2009- Faxed Anthony (B of A) at 972-608-1212 my hardship letter, school letter from my principal, and the HOA letter.
7. November 14, 2009- Spoke to Chelsey ID # 9329-Said that I need a letter from my bankruptcy attorney. Said I was decline the HAMP because my payment is less than 31%-not true.
8. November 09, 2009- Faxed documents to 972-608-1212- Lease agreement and utility bills.
9. November 25, 2009- Got another letter thanking me for making my trial payments.
10. November 30, 2009- Got another letter thanking me again and for me to fax them additional documents.
11. December 02, 2009-Fax B of A the additional documents they requested.
12. December 03, 2009- Told me that my modification was cancelled because I filed bankruptcy after making 4 trial payments. Told me that I must reapply
13. December 28, 2009- Reapplied for HAMP
14. February 10, 2010- Got a letter stating I needed to contact HUD counselor. I already did in March 2009.
15. February 15, 2010- Got a letter stating that B of A was processing my request and will give me a response within 20 days. This did not happen.
16. February 25, 2010- Got a letter stating that B of A was processing my request and will give me a response within 20 days. This did not happen.
17. March 3, 2010- I called and spoke with Nancy ID # 8532. Stated that modification was incomplete and put on hold.
18. April 6, 2010-I called B of A. Representative stated that my documents were reviewed and were incomplete. No one ever called to give me this information.
19. April 15, 2010-Spoke to Karen ID # 3145. Stated that I need to fax documents again. Faxed documents the same day.
20. April 30, 2010-Got another letter stating that my HAMP could not be finalized because I did not turn in my unemployment benefit statements. I called and told them that I haven’t been unemployed in over 25 years!!!
21. May 5, 2010- Got a letter saying I was not eligible for HAMP because I didn’t make my trial payments. I made 4 trial payments!!!
22. May 8, 2010- Called B of A. Sara ID # 4473 told me that the letter I received was a mistake and to ignore it.
23. May 10, 2010- Called B of A. Ashley ID # 8136. Says my HAMP will be approved in 30-60 days.
24. May 24, 2010- Faxed documents to 866-270-0620.
25. May 26, 2010- Called B of A. Stacy ID 8719- Stated that my loan was not assigned to a negotiator yet.
26. June 02, 2010- Called B of A. Ladamien ID # 8729- He stated that B of A has not received my fax. I gave him the fax # I use 866-270-0620. Says he has never heard of this fax #
27. June 09, 2010- Called B of A. Monique ID # 8674. Stated that loan modification was under review.
28. June 29, 2010- Called B of A. Crishia ID # 8789. Stated that B of A sent a letters saying they needed more documents. I never received it. Rep. tried to locate it on computer. Says I should have continued making trial payments. She stated that my HAMP modification was never cancelled!!!. Spoke with supervisor Dernisha ID # 9708.
29. June 28, 2010- Called HAMP.
30. June 30, 2010- Called B of A. To get clarification on fax numbers.
31. July 08, 2010- Called B of A. Penny ID # 4958. Says my HAMP was cancelled. Stated that the bankruptcy audit was complete. Says she needs bank statements again. Told me that my negotiator was Mirah White.
32. July 19, 2010- Faxed documents.
33. July 26, 2010- Called B of A. Robin ID # 8463. Stated that my loan was assigned to negotiator. Wants me to sent June and July’s pay stubs and bank statements again.
34. August 17, 2010- Called B of A. Lorma Humphey ID # 2966. Stated that Angela Wilson was my new negotiator. Says my loan has been referred to Fannie Mae for approval.
35. August 25, 2010- Called B of A. Hattie ID # 8713. Stated that my modification was approved.
36. August 31, 2010- Called B of A. Christina ID # 8482. Stated they are hold the packet because they need a title report.
37. September 24, 2010- Called B of A. Spoke to Angela, Brittany, and Monique ID # 8674
38. September 27, 2010- Spoke to my negotiator Tracy Harris 877-345-6431 ex. 14295. Says I had some liens on my title that didn’t belong to me. Told me to could get a copy from the County Recorders Office.
39. October 24, 2010- Tried to fax Tracy Harris the information she requested. The fax numbers didn’t work. Had to mail information.
40. November 12, 2010- Called B of A. Kiesha ID # 8477. Told her that the fax numbers do not work. She left message for Tracy Harris.
41. November 29, 2010- Called B of A. Roxie ID # 9764. Stated that my HAMP modification was approved. Says that they are waiting for court approval.
42. December 15, 2010- Called B of A. Janine ID # 5255. Stated that HAMP was approved of 11/29/10. Says documents were sent out on 12/03/10. Stated that computer says, “Out by mail (12/05/10).”
43. December 20, 2010- Called B of A. Debbie ID # 8230. Stated that she doesn’t see that my HAMP packet was ever mailed out.
44. January 21, 2011- Called B of A. Charlotte ID #8364. Gave me my payment amount of 1636. 48. Said I have 212 monthly payments.
45. February 10, 2011- Called B of A. Veronica ID # 8902. Called to check status. Sent request to negotiator. Stated that the terms of my loan are in the system. As of yet, nothing had been mailed out. Stated that my payments would start in July 2011.
46. March 01, 2011- FedEx tracking # 794425919960. States that my HAMP packet was initiated.
47. March 28, 2011- Called B of A. Frances ID # 8342. States that the status of my modification was still in process.
48. May 23, 2011- Called B of A. David ID # 3988. Sent request to negotiator for update.
49. June 03, 2011- FedEx tracking # 794425919960. States that my HAMP packet was initiated. Anticipated ship date. February 15, 2011.
50. June 30, 2011-I had contacted the Attorney General, Kamala Harris. I received a response from her.
51. July 15, 2011- Got a letter from B of A stating that I was denied a modification because I didn’t turn in the required documents. They never asked me for any recent documents!!!
52. July 22, 2011- Contacted Brookstone Law.
53. July 25, 2011– FedEx tracking # 794425919960. Says, “Sorry we are unable to process your tracking request.”
54. July 25, 2011- I finally go a called for the CEO’s Office of Bank of America’s Secretary Erica. Says her office was commissioned by the Attorney General’s Office to give me a call. I told her my story. She stated, “Let’s move forward in the mortgage modification.”
55. August 19, 2011- I got a call from Elvira from the CEO’s office. She said that my new negotiator was Hayley Lutz 877-430-5450 ex. 163852.
56. October 24, 2011- Called B of A CEO’s office. They said my new negotiator was Joncarlo Mendez. I called him and left message. I never heard from him!
57. November 16, 2011- Faxed documents.
58. December 15, 2011- Got a called for my next negotiator for the CEO’s office. Lori Aquisto.
59. December 27, 2011- Called Lori Aquisto and left message.
60. January 09, 2012- Lori Aquisto called asked me to fax documents. In which I did.
61. January 18, 2012- Got a letter from B of A. Stating that they could not complete my modification because I didn’t return documents. I had faxed them on 1/9/12!!!
62. April 20, 2012- Called B of A. They stated that, “I verbally declined my modification on 2/24/2012!!!” This is another lie. I called 877-452-4516 and left message.
63. April 24, 2012- Got a letter from Lilian Bautista. Says she is my new negotiator and that she will be contacting me soon. Never heard from her!!!
64. May 30, 2012. Called B of A. Representative told me that my account has “No activity on your account.”
65. June 19, 2012- Got a Debt Validation Notice from ReconTrust.
66. June 22, 2012- Got another letter from ReconTrust.
67. June 25, 2012- Got a letter from Liliana Baustista stating that due to recent change on my account, she is no longer my negotiator.
68. June 29, 2012- Got a letter from B of A. stating that my loan has been referred to the Foreclosure Review Committer. Says that they want to work with me.
69. July 02, 2012- Called B of A. Elizabeth ID # 3122. Says they tried to call me on January 9, 13, 17, February 20, and June 12, 2012. (They were calling my house number. I don’t even have a land-line phone for this number! I have never given them this number as a point for contact!!!) Stated that they are preparing a denial letter, but it has never been sent out. Stated that they sent out a package for me on June 04, 2012 and that I must complete it by July 04, 2012. I informed her that it is illegal to put my house in foreclosure when I haven’t received a denial letter. I stated I have 30 days to respond to the letter. I also told her that I haven’t received any package. I asked for the tracking number and she stated that she didn’t have one. I asked her, “How can I return something I never got!” She stated, “I don’t know.”
70. July 06, 2012- Called B of A. Susan Dixon ID # 6155. Says she can’t help me. States that my account shows conflicting information: Foreclosure in process and Workout pending. I asked her how this is possible, she stated, “I don’t know.”
71. July 09, 2012- Called B of A. Spoke with my negotiator Billie Garcia’s supervisor Erick Gunnderson 805-520-4513. He refused to answer my questions. Very rude and not compassionate to my situations. Told me, “You owe 42 months! I have never seen anyone owe that much and get a modification! You have a 1 in a million chance for a modification! Maybe you should move forward and do a short sale! Someone has been looking out for you! You should have so much money saved!” I told him I never received a denial letter. He stated, “I’ll find a denial letter and sent it to you.” After this conversation I was left in tears. He was the rudest supervisor I had ever talked to. I could believe that he was representing Bank of America. I informed him that I was already in litigation since November 2011. He told me that we will have a special team contact you. He never did. I told Mr. Gunnderson, “I have been in my house for over 20 years. The only way Bank of America will get my house is to pry it with the JAWS of LIFE from my dead hands!!!”
72. July 12, 2012-Filled out a complaint form from the Office of Comptroller of Currency.
73. July 19, 2012- Got a letter from Jason Baez of B of A. Says he is my new customer service manager and that he will be in contact with me soon. Never heard from him!
74. July 19, 2012-Got a letter from B of A authorizing Brookstone Law PC to speak to them on my behalf.
75. July 21, 2012-Got a letter from B of A LaRay Silz on behalf of Kaly D. Aquino stating that CEO’s office has received a correspondence from the OCC and the welcome the opportunity to address my concerns. They said they will be contacting me by August 02, 2012 to give me an update about my loan. Again, never heard from them!!!
76. August 17, 2012-Called B of A. The representative asked me was I trying to do a short sale. I told her no. She says my account says, “VAC Vending Partner-Short Sale