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United We Stand BofA Page 12

United We Stand BofA Page 12

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On 02/13/11 Kendrea Johnson wrote: I applied for help with my mortgage going almost 3 years ago (march 2008 after losing my job) with the keeping your home affordable program. They sent me a package with lots of material that I had to send them and very little details about what I was applying for and what I would have to do. I was approved for a trial period in November of 2008 and I was sent information about making the payments and for how long. I was never told that by making these payments it would damage my credit report and rating and make me behind in my mortgage for six months. To make matters worse, after 5 months, they denied me and put me in for some other program. I never knew what it was , nor could I get in contact with anyone.  After a year of calling and getting no word, they final denied me for the last unknown program when they found out I had a temporary job that only lasted 2.5 months. The person working the account at the time wanted me to repay the debt. I never found out was happened to the money I was sending in or if it was going to be applied to the balance owed. I tried to contact them, with no results. I got passed from person to person and no one could answer any of my questions.  I wrote my senator and the president and was sent back some info on government agencies that were supposed to help me. Finally I was able to get someone through and agency that could answer my questions. I found out they were charging me all sorts of fees and had been reporting me for non-payment even though I paid as agreed under the trial period (even though none of the papers they sent me said they would do this).  Had I known this I would have just paid the regular payment until a decision was made.  They also had bad information on my income and other things even though I had sent this to them several times. The woman I spoke with told me that I had a code put on my account that was preventing me from being put into any other programs that I may qualify for and that in order to qualify for any of the programs I had to pay back the money I owe in excess of over 6,000.00 which I was only in debt because I was paying the amount they told me to pay for the keeping your home affordable program. I have tried several times to talk to someone because now they are threatening foreclosure on my house.  None of my papers told me any of this was going to happen and I never knew I needed to continue to pay my regular payments even though they told me to pay the trial period amount instead.  I am tired and burnt out after almost three years of this and I am ready to get a lawyer to settle this for misleading me into a program that would damaging my credit score, cost me more money in fees that have not been disclosed to me,  and endangering me of losing my house.  I believe they are trying to take my house. No two people can tell me the same thing. NO one knows whats going on with my case. I cant get my mortgage off of this program due to a code that no one will remove and I am getting letters for foreclosure from them. I have emailed the company president. Hope this helps me.


On 02/14/11  Brian Nelson wrote:  Home Modification:  I too have had to run circles for BOA with no success yet. I first started my application for a loan modification in 03/2010. I received the packet in the mail and filled it out completely and provided all documents requested. After about 6 weeks I received another packet in the mail stating required documents were missing and I needed to send them again if I wanted to continue the process. These included 2 months most recent paystubs and bank statement along with signed form for them to have rights to request last two years of Taxes. This time to rush the process I faxed the papers to the number I was given.  Two weeks later I received a packet stating these same documents were still missing. I called and gave them the fax # (888-258-7329) I sent the papers to and was told it was the wrong # and that I should fax the new updated papers to 805-520-5019. On July 16, 2010 I faxed the 14 papers plus coversheet to this new number and made sure my loan # and the file #31340 were on the top of each paper as requested so they would not get lost or mixed up. I then received another packet and letter of intent for foreclosure if I was not caught up by sometime in December. I had until January 22 to return the papers yet again and this time I used the enclosed envelope with tracking, making sure once again that my loan # was on every paper. The tracking showed it was signed for on January 17th, yet I received another packet stating I was missing the same papers again on January 22nd 2011. This time I called and told them the tracking showed it was signed for on the 17th. They said oh yes, we do have that paper work and that they will let my Rep (Jeremy Dikeman) know and to disregard the new packet. I asked to please have Jeremy contact me since I have not once had an opportunity to talk to him. He has still not tried to call me as of 02/13/2011.

Re-instatement fee:

I have also had no luck with 3 attempts to get my re-instatement fee from BOA. I have ordered this 4 times now. The first 3 times I was told to call back in 48hours to give them my fax # and they would fax it plus it would automatically be mailed to me. I have not received a fax or letter in the mail yet. The 4th time I called 02/11/2011 I was told it was ordered again on January 31st and would not be ready until February 16th and to call back then. Maybe they will get it to me this time. I pulled $10,000 out of my retirement fund to catch up and try to save my house but I cannot get BOA to give me an amount to pay them.

BOA, Please Help!!!

Also sent using online form https://www3.bankofamerica.com/contact/?lob=general&contact_returnto=&state=VA

I support John Wright vs. BofA Lawsuit!

Brion Nelson


Update 02/26/11 Brian wrote: well, the first letter finally got me an actual voice (Ashley 877-430-1431 ext:14133) on the phone to represent my case from BOA. However; she told me BOA hands are tied because the investor is not willing to do any modifications, so my modification has been denied. In my research I have read that BOA and Chase are using this excuse more often than investors are even involved. I am sending this email and a letter to BOA to request my investor’s information as suggested by my lawyers (Wagner, Falconer & Judd, LTD).


Attn: BOA Correspondence Unit


PO Box 5170

Simi Valley, CA


Please send me all the information on my investor(s) so I can contact them about my loan modification denial. This should include any copies of correspondence from BOA to my investors regarding my modification.


Update on 03/06/11 Mr. Nelson wrote:  After 7 months and 6 request for the same information from BOA (last 2 months of bank statement, pay stubs and sending in last 2 years Tax returns), BOA sends me a letter stating that they are unable to help us with a modification do to the investors not wanting to participate in any modification loans. This was only after I finally emailed the CEO

brian.t.moynihan@bankofamerica.com for assistance and signing up on a lawsuit website. Until then I never got a call from BOA, just letter after letter requesting for the same information over and over again. If the blame is on the investor, why did I get the runaround for 7 months? Don’t they have a copy of their agreement with the investor? Wouldn’t BOA know this up front and not need to send me request for information over and over again? Adding to an already stressful time!

I have also request for our reinstatement amount 5 times over the last 2 months and have yet to receive these figures so I can save my home.

The stress do to these runarounds and non-cooperation from BOA has caused me and my wife much stress, stress that has reflected in my day-to-day activity and work performance. I have had to start taking Ambien again in order to sleep at night and have had to increase my dose of Celexa to help with my anxiety.

BOA, please HELP!

Brion Nelson


On 02/15/11 Marc Brown wrote:  My name is Marc Brown and I have some major complaints about your company, and your company’s ethics.  In February of 2010 we were approached about a loan modification by your company.  The gesture sounded to good to be true and it was.  After all the paper work was completed we received a packet in April of 2010 stating that our modification was completed with a lower payment.  I work 3 jobs, 2 full time Fire department and one part time so to say I was happy was a understatement.  In June of 2010 we received a letter saying that a mistake was made and that our payment was lower than what we had been paying. Great right?  No WRONG, very wrong!  In September my wife called to make a payment only to find that we were still making trial payments and that nothing had been completed.  All payments had been made on time and every penny asked for had been sent.  When we asked when the trial would be over no one and I mean no one at your company could tell us a damn thing.  We were sent from department to department.  Not only that all payments were made by phone and all names and numbers have been recorded and placed in my records.  During this time when asked what the actual payment would be again no one could tell us.  Two weeks ago we received a letter stating that we owed you a large sum of money or you would foreclose on our home!  What the hell man? My wife called and spoke with another one of your employees who advised us that the paper was wrong, you had “messed up” and all was fine.  Not to mention she again stated that we should not still be making “trial payments” but could not tell us when this would stop!  All was good again.  Today we received another letter saying we owe your company 1,752 dollars by March the 9th or we will once again be facing foreclose.  Once again I say what the hell man?  This time she called spoke with a supervisor who basically told her we were screwed if we could not produce the money and left her in tears!  I also have his name and would like to speak with this man if there is any chance!  We have received no prior notice to this and I cant understand why you do business like this!  we found out during this that our new payment is $835.54!  That is over $100 off your business majors estimates and several months after we started asking about the correct payment!   Taxes and insurance have not gone up that much because that value of our home has gone down.  Yes it may have been in our statements but we were told by your employees to disregard anything the statement because of the modification.  Again I have her name, the date and her number.  March the 9th is three weeks away, you tell me how I am going to produce $1,752 in less than three weeks!  I have a family that I must put food on the table for and attempt to keep a roof over their head!  Really, no other notice just hey man, we need the money in three weeks or your out.  Also I want to see my note.  How should I go about this?  My name is Marc Brown and I am not going to stand by and let you take my home!  I have worked my ass off for all that I have and have done nothing wrong!  I will not go away and I will not stand by and let this happen!  I will fight back!  Please send a response so that I know what my next action needs to be.  By the way  ” I am one customer at a time!”I support John Wright vs Bofa LawsuitThanks,Marc Brown


On 02/17/11 matthew sosnowski wrote:   TO WHOM IT MAY CONCERN:  I am writing this letter to reiterate what happened to me regarding the Mortgage Modification any why we did not send in the modification package.  It happened as follows:

  1.  On November 3, 2010, I called BOA and spoke with a Dominique inquiring about the Modification Bankruptcy Disclosure Rider, which was not included in my package.  The letter, which was included with the modificaiton package, stated that it was required to be returned with the Agreement and check..  She stated that a new package would be sent to me within 7 to 10 days and not to send in the Loan Agreement nor the certified check.
  2. On November 9, 2010, since we did not receive any package yet, I called BOA again at 8:30 a.m. Central Standard Time and spoke with a Lavor, who did not know anything, so I asked to speak to a Supervisor.  Eli got on the phone and I explained my situation to him and told him that I spoke with a Dominique regarding same.  He said that it was 6:30 a.m. in California and there are a lot a people working at BOA and he did not know who Dominque was.  He then told me that he would email the negotiator regarding the new package and that someone would contact me, but no one did.
  3. Still unsatified with Eli’s response I called BOA again later in the afternoon around 1:00 p.m and explained my situation to a Hernando.  Hernando confirmed that I spoke with a Dominque on November 3, 2010 and that a new package would be sent.  He again confirmed that it would take about 7 to 10 days.
  4. In the a.m. on November 19, 2010 I called BOA inquiring about our new package.  I spoke ith a Zilka who said that a new modification will have to take place.  It could take aprpoximately 30 days since we did not accept the 1st modification.  I told her we wanted to accept same but was missing a Rider and  BOA told me not to send it in.  She said that if we sent in the Agreement and check and not the Rider our modification would not have been accepted.  She also told me to continue making payments and that any collections proceedings will still be in effect, because we did not sign the papers.  I told her it was BOA fault not ours and was very displeased with the decision.
  5. I spoke with a Shameka later in the afternoon around 12:53 p.m. on the 19th of November.  She told me that we did not need the Modification Bankruptcy Disclosure Rider because we are not in bankruptcy now. She told me to have a certified check overnighted  to BOA as soon as possible with the Loan Modificaiton.  I told her the soonest would be on the 26th of November. She said that they might accept the Modificiation Agreement or that we will have to reapply for another one. I asked her what would happen to the money we sent in and she said it would be applied to the loan and another Modification would be in the process again. She said that she was going to email the negotiater and the supervisor and apprise them of the situation and misinformation presented to me by various members of BOA’s staff..

I expressed my displeasure to Shameka about the staff at BOA and stated that it was their fault not mine for the misrepresentation given to me.  I have gotten the run around from the representatives at BOA from the start and if we lose this modification, we are the ones suffering — not BOA.  It seemed like no way in particular knew what they were talking about except  Zilka and a very nice and helpful Shameka.

Both my husband and I have waited exactly 1 year for this to be accomplished.  We were both very happy about the modification and our headaches would finally be over and we can keep our home and live a normal life again after what has happened to us in the economy today, now we are very concerned and want this loan modification to work.

Hopefully, something can be done about our situation.



On 02/20/11 Suzanne Shamberg  wrote:  Dear Brain Moynihan, My name is Suzanne Shamberg and listed below are the facts that have happened to me and my husband since 2010 with BAC Home Loans. I’ve been unsuccessfully dealing with BAC since January 2010 for a Loan Modification. I would first like to say that we have been lived our home since 1996 and we have never missed a mortgage payment in 14 years. When we incurred some hardship due to the lack of employment, I contacted BAC to inquire about the Making Homes Affordable plan that was available. Due to losing my full time job in March of (2009), my husband not working for three months in October, November and December (2009) and having three children at home, we knew we were heading for a financial hardship. Every person I speak with at BAC has a different answer to why my loan modifications have not been completed and then cancelled. I’ve been hung up on repeatedly, you may call it disconnected, given extensions that no longer work or a mailbox that is full and is no longer taking messages. Leaving me to once again have to hang up and call back and start all over with a new representative. I have done my part of this and I have faxed ALL the information that is needed over and over again. The run around that I have received is absurd and is documented and noted. A plan to resolve this matter would be greatly appreciated. We are trying to resolve this matter to stay in our home.

I called in December 2009 and asked for the Making Homes Affordable Plan and advised that I didn’t have December’s mortgage payment. I was told by Jacob that I had to be at least 2 months behind in order to qualify for the program and he advised that since we were not 2 months behind there was nothing he could do for us at that time, for that program. I advised him I was going to be 2 months behind because I didn’t have the payment to make for December (2009) and I wouldn’t have the payment for January (2010) as well. He advised that I had to call back when I couldn’t make the January payment.

I called in February 2010 and spoke with Rose and she advised that I had to send in the following check list for the Making Homes Affordable Plan: Check Stubs, Bank Statements, Hardship Letter, Monthly Expenses, Form 4506 T (from the IRS web site), My Husband’s Profit & Loss Statement and a Current Letter of Unemployment. I was given a fax number of 1-800-530-5019 and I faxed 42 pages to that number. I waited 3 weeks and when I didn’t hear anything, I called BAC and I was told by Maria that it was in review and to call back in another week or two.

I called back February 24, and spoke with Ryan he told me that it had been cancelled because I didn’t send in the information that was needed. He claimed that I sent it to the wrong fax number I advised him that was the number I was given! He continued to say the Hardship letter and Unemployment Statement was missing and someone from BAC had called and left me a message on my home phone number in which I verified was correct. I told him that I never received a message from anyone at BAC asking for any information. He asked that I refax this information. I faxed that information on that same day to a different number he had given to me and I made a payment with the late fees for December 2009, and January 2010.

On March 3, 2010 I called and made another payment to cover what I was behind and I was diligently trying to catch up on my payments. I spoke with James and also asked to check on the status to see what could be done in our dire situation. James advised that the information had to be updated because it was cancelled and the information I refaxed was not received. We discussed reapplying for the Making Homes Affordable Plan and I agreed I would resend in all the information again with updated information because it had been too long with the other information that I previously sent.

I called again in May 2010 and was told by Jesse that it was still in review and when it is completed I would receive a letter in the mail.

In June 2010 I received a letter stating that I could make reduced payments saving us $923 a month and then I called and made a payment on July 15, 2010.

I called again on August 14, 2010 and spoke with Trudy, I was checking on the status once again. I was then told that the Making Homes Affordable Plan was no longer available and the reduced payments no longer applied and I had to make a full payment. I was told I would have to reapply for A Traditional Home Modification, I again had to resend in all of the papers with updated information so that the process can be done immediately. Trudy tells me I once again have to refax all the information and update as well for my home modification paper work, because everything I faxed previously is now too old to be considered. I was also told that I am nine months behind and that was not true. I was told that the decreased payments that were set by BAC were paid and now I was told they were not applied to my mortgage as a payment because they were for a reduced amount and not the full amount. Why they are not considered as part of my mortgage payment?  The numbers I was given are 1-877-804-4169 X4169 (not working) the same phone number X 28399 (mailbox is full). I was also told that the $800 that shows up on monthly bill is the money I have as a credit on my mortgage? Are you confused? I sure am.

Called again on October 5, 2010 was advised it is still in review but I need to update the information again. I once again faxed in the updated information.

In November I received a letter Notice to Accelerate stating that I owe $20,000 dollars and that my house was in foreclosure. I called again in November and I was told the information was never received (this is absolutely frustrating) and my home is not in foreclosure as long as it is in review. I refaxed all the information again on November 22, 2010. I was also told that I had to send in an update Hardship letter. In this letter explained our situation and asked for a Loan Modification, Forbearance or Refinance.

I called on December 6, 2010 spoke with Bhavna and she confirmed the faxed was received, the modification was in review and I would be contacted if anything else was needed. I also asked her to call me back if ANYTHING was needed. I also again asked about Notice to Accelerate letter I received and she stated that my home is not in foreclosure.

I called again on December 9, 2010 spoke with Russ he again confirmed the status of the modification was in review and that NOTHING was missing. I again asked about the Notice to Accelerate letter and he told me that my home is not in foreclosure.

On December 14, 2010 I received a letter stating “We are please to tell you that we have received the last installment due under you Special Forbearance agreement dated February 5, 2010, and it has been credited to your account referenced above. Thank you for fulfilling this commitment. You can resume making you normal monthly payment”.

Ms. Siewert called me on December 27, 2010 and asked if I would fax a breakdown of my monthly expenses such as Gas & Electric, Phone etc. I faxed this to her on the same day to fax number 1-866-892-2259. In that conversation I asked Ms. Siewert if I could make a payment in January and she told me I could.

Ms. Siewert called again on January 14, 2011 and asked me to fax once again my monthly expenses and I advised I faxed this to her she stated that she now needed all my monthly expenses such as Car payments, Car Insurance etc. and an update to my husband’s Loss & Profit statement. I asked why she didn’t ask for this information with the other fax I sent and she stated that she didn’t need it then. I faxed all this to her on January 14, 2010 with in1 hour after I got off the phone with her from my CPA’s office!

I called again on January 29, 2011 and spoke with the RUDEST person you have at BAC Corina I asked for the status of my loan and I wanted to make a payment. Cornia told me that I could not make a payment gave me a decline #883255399 told me my house was in foreclosure and a sale date of March 12, 2011. You can only imagine my surprise to this. I advised her that Ms. Siewert told me I could make a payment my home was NOT in foreclosure and I received a letter dated December 14, 2010 telling me my payments were up to date leading me to believe that the forbearance or loan modification was accepted. She stated to me “well, that letter was sent out in error and it is to be disregarded”. I asked her where the letter was to tell me that it was an error.  I asked to speak to someone else. She transferred me to Ben he stated that the home is in foreclosure and that there is NO SALE DATE on my home. He stated that my Home Loan Modification was again cancelled!!!! He said the information I faxed was not uploaded until February 18, 2011 but it was received on February 14, 2011 and the only thing he could do for me was to put in an appeal and I couldn’t make a payment because of the foreclosure. He said he would send an e-mail to Ms. Siewert and she would be contacting me. He also asked that I call back on February 2, 2011 to check the status of the appeal.

I called Ms. Siewert and left a message for her on January 29, 2011 as well asking her to call me back regarding why the information was not uploaded until January 18, 2011 and now cancelled and I can no longer make a payment. I never heard from her.

I called Ms. Siewert again on February 1, 2011 and left her another message asking for the same information and adding the question of the appeal that was sent by Ben.

She did return my call on February 1, 2011 and told me it was closed and said she didn’t get the information until February 18th 2011 and it’s closed and can’t be reopened. I will have to reapply AGAIN. She advised me to call 1-800-669-0102 and ask for a Traditional Bank Modification the home is in foreclosure due to her closing it because she said she didn’t get the paper work on time and it is no longer in review and there is NO SALE DATE! NO PAYMENTS WILL BE ACCEPTED!

February 1, 2011 I called the number above and spoke with Salina no payment will be accepted and there is a foreclosure on my home but she had to transfer me to reapply. She transferred me to Jane (her ID number was 9533) wow, no one else gave me any ID number! She stated she sees the appeal. We went over the numbers for the information she needed and advised we no longer qualify for a Traditional Home Modification because “we owe too much to modify the loan”. REALLY ARE YOU KIDDING ME? Home is in foreclosure and we have to have the whole $20,000 in order for it to be taken out of foreclosure. Advised her we don’t have $20,000. If this whole process wouldn’t have taken so long and BAC would have taken my payments we wouldn’t be $20,000 behind. Also when I first started this process we had included all of our Credit Card payments and now that the Credit Cards are in collections that payment is no longer considered and disqualfies us for the Tradtional Home Modification.  I am so confused and no one can give me a straight answer.

I called for the last time on February 9, 2011 and spoke with Joann and asked if there is ANYTHING we could do to rectify this situation in any way. Explained we have been in our home for 14 years and have never missed a payment until we the hardship. We truly want to stay in our home. Now that I want to pay BAC won’t take anything unless it is the full balance we owe. I advised that I could come up with $7,500 at this time and asked if ANYTHING could rectify this situation that BAC cause and not us. She advised we could let it, “Foreclose, Deed it back to the bank or do a Short Sale”.  Those are not the options we were looking or hoping for.  It amazes me that my home is not even worth the amount of the loan we have on it and still we continue to fight to stay in our home. I advised her we are ready to just walk away then and she tried to convince me that is not a good choice for the situation. I told her that is our only solution to this matter at this point.

We are hard working honest people trying to do the right thing. We are asking for assistance, we are asking for help, we are asking for some compassion and there is nothing being done to resolve this matter by anyone at BAC. We have has 14 years of loyal service to our mortgage company and this is what we get for few bad months in our lives?

We are trying diligently to keep our home in our financial situation. We want to get caught up in our payments! Getting new customers to increase your business is good but keeping customers should be your goal. Please have someone contact me in regards to this matter so we may keep our home and make this situation right. We are asking BAC to please resolve this matter with us.

I will also be mailing a copy if this letter to BAC, Attorney General, Mayor, Senator, Congress, BBB, OCC, Our Lawyer and the Local News.


I support John Wright vs. BofA Lawsuit!

Suzanne Shamberg


On 03/02/11 Stephanie and Kevin Whiteman wrote:  Since January 15th of 2010, we have been in the process of applying for a home loan modification thru the MHA program B of A “participates” in.  We spent 9 months of being told we didn’t have the sufficient documents, specifically a 4506T, which requests our federal tax info. for B of A…and yet somehow your records show that you have over 10 copies of the tax returns from the government because of the several correctly filled out documents that they received.  Interestingly enough, it’s the same document that B of A barely recognized being in their possession. We have probably been in contact with B of A over 100 times in the past year in attempt to expedite the process.  Once the document was recognized, we were immediately sent a denial letter due to our NPV values.  We meet every government standard to qualify for this program and feel this is incorrect.  I have attempted to appeal the denial, yet we are unable to until we receive the NPV values, which based on the description of the government program is the reason we do qualify.  We are the ideal candidate!  We are now being told that B of A is running behind on getting information to customers, yet the law is written that the bank must have the information back to us within 30 days, and it’s been 44.  We need this modification!  I not only am a personal customer of B of A, but a business customer as well.  I would appreciate a call to action here.

I support John Wright vs B of A lawsuit

I am one customer at a time.

Stephanie and Kevin Whiteman


On 03/03/11 Greg wrote: Dear, Mr. Moynihan -I am writing this letter to include me with thousands of frustrated homeowers currently dealing with Bank of America with regard to the Modification process. It is clear to me that Bank of America’s sole interest is to delay the process of fulfilling distressed homeowners request for assistance. It is clear that the lack of assistance and care is a direct attempt to mislead your customers and take their homes. I have received nothing but the run around from every single person employed by Bank of America. Needless to say that I am given different information from each of your representatives every time I call! I support John Wright vs. BofA Lawsuit  We have done everything in our power to make ends meet but unfortunately we have fallen short and would like you to consider working with us to modify our loan. Our number one goal is to keep our home and we would really appreciate the opportunity to do that.

There are several reasons that caused us to fall behind on our payments.

  1. The main reason being, on December 11th 2009 I was laid off from my job at Watson Pharmaceutical. We had never been late up to this point.
  2. My wife had already been laid off mid-year in 2007 due to a miscarriage, so I was the only bread winner until my layoff.
  3. Since I lost my job, medical insurance was $335 a month, which is half of one pay check form unemployment. Not to mention co-pays for office visits and medications because of her health problems.
  4. Until my layoff we had cared for my sick mother-in-law for several years who lived with us and we paid her expenses because she had very little income and is in her 70’s with many health problems.

It is our full intention to pay what we owe to Bank of America. At the time we exhausted all of our income and resources so we are turning to you for help. We have every desire to keep our home and make all payments.
Our situation has gotten better because of my new job and we feel that a loan modification would benefit us both. We would appreciate if you could work with us to lower our delinquent amount owed and /or our mortgage payment so we can keep our home and also afford to make amends with Bank of America.
This whole process of a home modification began after I lost my job just 2 weeks before Christmas in 2009, which was very tough on us. I began collecting unemployment  which was only $1324.00 total a month, until I asked for taxes to not be taken out, which increased it to $1548.00 so I would have extra money to pay bills. Going from $3562.00 plus appox. $680.00 a month in bonuses to an unemployment monthly income of $1548 .00 caused a major issue on trying to make ends meet. I called Bank Of America looking for help in case of future issues with making payments, they said we had to be 3 months behind in payments to qualify for a loan modification (as we were up to date at this time). My wife was with out a job as well and we both tried for months trying to find jobs. We had to use credit cards to buy food, gas and personals which over time had increased our credit card minimum monthly payments.

June 18, 2010 we were told we qualified and would have an answer on which modification they would place us under. At this point in time I was still unemployed. The 30 days came to a end and we received nothing on our modification. I called several times and was told they are behind because of all the applications. Delaying me further. I finally found work and began working mid July, however I didn’t receive my first paycheck until August 2010. My wife was still out of work due to health issues and had to have surgery in July and again in December of 2010.

After several and many calls to Bank of America, starting on July 19, 2010, we finally  were contacted on September 28, 2010 asking for a copy of our tax return and 2 pay stubs. It went to underwriting on October 5, 2010. On November 25, 2010 we were notified by mail that we were turned down for the modification because I made too much money. Yet the 8 months of being without a job, which was a drop in income of $2694 a month for over 8 months is $21,552. However having a job for 1 month when I submitted my updated information, trumps all the months we have struggled to survive. We were told to make payments when we could, which we have done. We also kept current on our second mortgage of $188. Even throughout this whole ordeal we have been able put money aside to pay our mortgage. To show good faith we offered to make a $4080.96 payment in November which they wouldn’t except because they said it was frozen because foreclosure process had started. I was told in the beginning that I would not be foreclosed on during the loan modification process. Then I was told they would place me in the “in-House” modification programand they could work something out for us.

February 16, 2011 we had a conference call with Trott & Trott and Bank of America and were asked again to supply our financial information by February 23rd. We Faxed all the information on February 21st and had not heard from anyone as of today so I called and they told me that a sale date was placed for April 1st. I have been lied to time after time. On our conference call the women from BOA said she would take our case from here and that there were many alternatives such as putting late payments on the back of our loan, forgiving some payments, etc. No one has even contacted me in regards to anything. I called and one person told me there was a sale date then the next person said that they just sent some papers out today and to call back to in 2 weeks and they would put a hold on the sale date. Which is it? I am very frustrated and fed up with the lack of customer service. Please have compassion and respond to my pleas for help. I have a job now that doesn’t pay as much as before I was laid off but we want to keep our home and have made sacrifices to due so. We just need some straight answers and one contact person, not several, who is willing to listen and work something out with our loan. I believe BOA stands to loose more $ if our home is foreclosed on rather than working with us.
We truly hope that you will consider working with us and we are very anxious to get this settled so we can all move on.

Sincerely and Respectfully,

I support John Wright vs. BofA Lawsuit!”




On 03/04/11  Mark Alvarez wrote: Mr. Moynihan: I hope you do not delete this email prior to reading.  Based on my experience dealing with your Corporation I probably will not get a reply so I will never know.

Bank of America has had us in modification limbo for over two years and now in “underwriting” for the past 3 months and we still have no idea where we stand.  We have supplied all documentation requested over and over and over again, spent numerous hours on the phone trying to get answers and we are exhausted.   We have been humiliated by your Bank’s representatives coming to our HOME several times and telling us in front of our neighbors that they want to make sure the property is still occupied.

We are behind several payments and our escrow account in the rears but as honest responsible people desperately wanting to keep our HOME, we have been making minimum monthly payments for over a year.   Now I believe I’m just lining greedy pockets and will probably end up losing my HOME along with 10 years of my life from the stress of this whole situation.

We purchased our modest HOME with our hard earned money along with money inherited from our family who worked very hard to make sure their loved ones had a HOME.  It is sickening to see what is happening.  Our Parents and Grandparents would be up in arms at the thought of Bank of America getting our son’s inheritance.

How do you sleep at night?  My family and I have not slept well for over two years with the thought of foreclosure looming over our heads but we have a conscience.

America’s families are being robbed and kicked out of their HOMES.  You should be ashamed of your actions.


I support John Wright vs. BofA Lawsuit!  (Thank God for a glimmer of sanity in this travesty)



On 03/07/11 Teri L. Scott wrote:  While I suspect there is nothing that can be done at this point, I just wanted to share with you what is happening with Bank of America (mortgage). I just can’t wrap my mind around it and make any sense out of any of this.

In 2007 I lost my job. After six months of unemployment I had to take whatever I could find for work (this was before al l the unemployment extensions). We struggled during this time, due to my massive pay cut, but we were able to catch up in early 2009 when I received a small inheritance.

I was still working part-time, looking for full-time employment, when my husband lost his job in August 2009. By now our savings was gone and we couldn’t pay our mortgage. I called Bank of America after hearing there were programs out there to help, but their suggestions were rather useless (“get another job” and “rent out a room”).

Our home went to the sheriff sale on August 19, 2010. In October 2010, the cards seemed to fall in place: we were both gainfully employed again, and I was able to sell a piece of land I’d inherited (we had enough cash in hand at the time to again pay the overdue amount).  My husband and I both called BOA to see if we could reinstate our mortgage, but we were both told “no”. BOA told me there was nothing to be done, as they had to comply with Fannie Mae’s rules.

I called Fannie Mae, and they referred me to their foreclosure attorney (Orlans), where I spoke to Eric Olsen and gave him the run down. He advised we write a letter of explanation and he would forward to BOA because it was BOA’s decision (not Fannie’s, as BOA had told me!). After nearly 4 weeks of no response, I contacted Mr. Olsen again. He indicated he had not heard anything either, and would resend our letter. This time we received a letter from BOA (dated 12/1/2010), stating they were reviewing our file and would respond within 20 days.

Time came and went, and there was no follow-up from BOA, so in early February 2011, I sent an email directly to Mr. Brian Moynihan, CEO of Bank of America. From that we did receive a call from a home retention rep at BOA. She spoke to my husband several times, requesting additional financial information to review, and told us to stay in our home (don’t abandon it), and it would take 30-60 days to render a decision.

We felt confident that since they were open to the idea of reinstatement, they would approve it. After all, we have the income to support it, even more-so than when we first bought the house. BOA had purchased the home in the sheriff sale, so there wasn’t another party trying to buy it.  But on February 28, the BOA rep called and informed us that the department in charge of making the decision had denied the reinstatement.

This made no sense to us; we couldn’t wrap our minds around BOA’s decision until a friend (who is a realtor) told us this:  If BOA had reinstated our mortgage they would collect their money over the next 25 or so years. By continuing with the foreclosure, they will get it in a few months. BOA will not take a loss because Fannie Mae will pay it off.  They are bilking the tax payers unnecessarily AND contributing to the declining values of surrounding homes.  I’m sure we are not the only ones in this situation, and given the state of the economy, it certainly appears BOA is trying to capitalize on other’s misfortune.

Thanks for reading.

Teri L. Scott


On March 8th, 2011 Rosey Whitten wrote:  My name is Rosey Whitten and I contacted B of A in Yuba City,CA. in January 2011 and was told FHA was coming out with a new program and they would contact me in mid February after they were up to speed on the program.   I never received a call. I called the individual I spoke to in January several times and left messages. I am still waiting on Chris Burns’ call.    I called 818-713-2886 twice in March 2011 and left messages and have not received a return call.   I would like to speak to someone with the authority to approve a modification of my loan. I can be contacted at xxx-xxx-xxxx or xxxxxxxx

I support John Wright vs. BofA Lawsuit!

Thanks for your time,

R.D. & S.M. Whitten


On 03/10/11 Mahboubeh Safapoor wrote:  Dear Sir/Madam: I am writing to you to ask you for help in modifying my home loans with Bank of America as referenced above.  My mother, daughter and I are living in this house and if you don’t help us, we have nowhere to go. I am a single head of household mother and the only provider in my family. The value of my home is currently almost $330,000.00 and I owe approximately $600,000.00 on my first and second mortgages.

I have reviewed my statements to this date as I am behind on my mortgage payments for the past 7 months due to loss of income and too much debt.

I am looking for  a modification with the principal reduction on my first mortgage and removal of  the 2nd mortgage, as well as reducing  the interest rate  on my  first mortgage which can help  me to have a more affordable monthly payment.

I have sent my financial statements and documents several times to Bank of America for Making Home affordable Program, via fax and fed-ex Since November 2009. Unfortunately; I did not get qualified for any programs. I would like to apply for Making Home affordable Program or any other programs available one more time so that I can keep my family in this house. My financial situation has got better because I have three roommates living with me which gives me an additional of approximately $1300.00 a month. Besides;  I don’t have my car payments any more since the bank has repossessed my car, and I am just trying to survive and paying for necessities. I have even cancelled my medical insurance, so all I am asking is “help us to stay in our home, I am doing my best to get rid of any extra expenses and just trying to keep my house.”

Your response to this matter is greatly appreciated.


Mahboubeh Safapoor


On 03/11/11  Cindy Kane wrote:   This all has taken over two years, from the time I requested a simple Refinance 2009 November (( found out Ex had quit his job and told the kids he was going to make me lose the house, (they took 5 months and funds for appraisal over 400.00) and then told me, no nothing can be done, Feb 2010 that was when I called the default dept and Moses asked for papers, I tried to get the refinance people to forward the documents but they refused any contact, so I had to do it, in the mean time I found out about HOPE and started that process in march. Told to wait for package to fill out, I waited and waited they told me it was a long process, called derrick 05/24/10 requesting escalation of the package, 1800-669-6607 ex 8665. Called again Alex escalated the package to come this week. sent all required papers via Fed x two weeks from 07/0710 called connected with HOPE. trying to confirm their receipt of paperwork. then Yvette said all documents arrived call back sat. I did and was told its a long process so wait, i waited and waited , called again in august 877-767-0706 ex 561199 Mark ex 2456 was told yes they had the paperwork it was in underwriting, and I needed to wait, called again 1-800-669-6650 (0102) 10/16 was told all the paper work sent is now out of date and they needed the entire package re done, but not to lose hope as they could see that qualifying wasn’t going to be a problem, I sent again the paperwork, (( everything is in the department of documents, even my divorce papers so why cant they access them?)) I became despondent, off work for Medical leave, due to high anxiety and panic attacks, cant eat cant sleep, cant concentrate. 10/16 was told via collections that the MHA underwriter wanted all the paperwork again, current and within 72 hours from notification, called the office of documents and they did not have any documents as previously requested . Dec,2010 I called again they said my underwriter had been in an auto accident, and someone else was taking my case, so far had talked to Jamie Tankersley , a Natalie a Ethan James, Moses, I think a Jennifer, a Casey Monagham, a Doug Koeing a Thomas Bambauer, a Elaino De Herrera, my papers again were usless and again i had to fax 22 documents , In a conference call to B of A an agent named Ulysses from MHA, Myself and Carrington from HOPE, Ulysses told me to fax more paperwork, as my situation had again changed but that my modification was rejected as I had a bad credit score, ( odd, I thought this was a given as they are the ones reporting me as delinquent) again 12/17/2010 MHA stated that paperwork not received, 2009 tax and ebt letter. will go to b of a Monday and fax again. Faxed all papers requested from a Bank of America, 22 in all, still have the transmission pages, stating successful, now told to wait, wait and waited, then got a letter stating I had three days to once again send in the asked for information, this now being March 12th, 2011, was told my making home affordable loan was canceled because they did not receive the 22 pages I faxed to them from a B of A, i saved the transmission pages. and that i had NOT requested a new modification due to changed circumstances, in that confrence call,   March 12th 2011 Now its someone called Stephanie Rios who once again is demanding I fax yet a 5th or is it now a 6th set of the same papers they already have. was told i have till Monday to send them again as what I sent (funny thought they did not get them) are too old. I am back to not eating, and am trying to not panic, I have Monday off so I will fax them again from a Bank of America keep the transmission papers, and pray, I have also looked into Hiring a firm to do a “Forensic Audit” of my Loan from the first one in 1994 through to present day. also how they mishandled my Ex’s bankruptsy and kept me out of the process, my name was on the loan jointly but he had already signed a quit claim deed, and it was filed with the county before he petitioned for bankrupsy, he did not even put the heloc in his documents, and the loan company refused to take my payments , refused to talk to me refused me any information, even though I had sent documents showing the courts awarded me the house at xxxxxx xxxxx xxx xxx and that he had signed a quit claim deed. No they kept me in the dark, and wouldn’t help me but did charge me foreclosure fees and such after his bankruptsy was discharged,  to retain the house. they tried to charge me twice these foreclosure fees. I beleive the audit will find severe discrepancies in the papers of my loans and modifications. I believe B of A is biding its time till the Presidents Plan lapses, and they can keep all that tax payer money for doing nothing. and steal my house.


Cindy Kane

On 03/12/11 Daniel and Danielle Mendek wrote: Dear Mr, Moynihan, I hope this email finds you well for my family and I are not. I am writing this to inform you of the horrible experience we have had with Bank of America. Daniel my husband and I were blessed with twin boys in April of 2008 with that came medical bills and a pay cut for both of us. November 2009 we were relieved that there could be some kind hope with a loan modification. We were struggling to make mortgage payments, cover living expenses, and medical bills we were willing to try.

We were qualified for a mod and they said they would send us a packet for information. We sent it in and did everything your people asked of us. During this time i kept asking if we could make a payment. Every time we were denied and told to hold on to the payment. I called every other day and was told i am causing delays in our loan mod. So i limited my calls to once a week. Every agent had a different stories that they didn’t see where we called or sent in paperwork. I called back one day in March 2010 after receiving a letter with a date of sale. I was told that i didn’t send in updated information when asked. We never received a letter, call or email requested updated information.

My husband and called back very distraught. We were re-quailed for a loan mod. We received or work out agreement in late July 2010. We then sent in the agreement with a cashiers check in the amount of 1,050.47 on August 9,th 2010. I then tried to log on to Bank of America.com to make our regular mortgage payment only to find out i couldn’t. I called the home retention division and was told our loan mod was cancelled on August 23, 2010 for failure to comply.

Apparently BOA never received our paperwork and was mysteriously lost. We then were then bounced from department to department told they haven’t received anything. We kept calling over and over nothing was ever resolved. November 2010 we qualified yet again for another loan mod. We sent in yet more paperwork. In February of 2011 we were assigned to a negotiator named Kevin James. We asked for a request for Mr,James to contact us he finally did March 2, 2011. He requested we send in updated financials along with w-2’s, and proof of my disability. We were not able to do so because March 3rd, I broke my foot. I was in the er and ortho’s office all day. We called BOA and told them what was going on and ask to speak with Mr, James. Yet again the agent said he didn’t know who i was taking about. Monday March 7th Mr. James calls me at 9am and i explained to him what was going on he then granted us an extension to Wednesday March 9th. I did comply and faxed in over 45 pages of documents it took close to an hour to do so.

On Friday March 11th we received a routine call from your company asking the usually questions. during this call I find out that our loan mod was cancelled yet again. I know right can you believe it here is YOUR company”s excuse this time ” We didn’t receive your paperwork until Thursday March 10th.” I understand yes we are to blame for falling behind but your company has made it impossible to get caught up or even make a payment.

My husband and I have given up on any American Dream of owning our own home thanks to your company. We have jumped through every hoop you have put before us. We are now joining “I support John Wrights VS BOAF lawsuit.” We are done being puppets this needs to be resolved.

I am one customer at a time being screwed over by Bank of America

Daniel and Danielle Mendek

On 03/14/11 April Anderson wrote: Mr. Moynihan,I am e-mailing you to let you know how dissatisfied I am with how your company is handling homeowner modifications of home loans. My husband and I have been trying for months and months now to modify our home loan with no luck!! We have filled out the necessary paper work and
have not received any response. We call and get hung up on, get
transferred over and over again,we speak with unknowledgeable customer
service agents, and supervisors that don’t resolve the issues we have
with any straight answers. We have been told that our case is being
expedited and we end up calling back a few days later and the expedite
has not occurred. I have worked in call centers in the past and from
what I have seen your companies’ customer service agents lack the
proper knowledge to handle customer issues. I expect when I call a
company (any company) that my questions or concerns get resolved right
then and there or get resolved with someone calling me back within a
responsible amount of time. Your company took taxpayer dollars for The
Making Homes Affordable program to help homeowners keep their homes and
YOU ARE FAILING YOUR CUSTOMERS!!!!!!!!!!! I know that many people are
in our same situation and are frustrated with BofA. Big banks are
reaping the benefits of this program and again the little guy is
getting screwed. I know in your line of work everything is about the
money, but it should be about your customers. I honestly believe that
your company wants our home because you could make more money off the
house if we weren’t in it. We are just your typical American family
with two boys 11 and five who are trying to keep our American dream
alive. At this point in time I feel that that dream is on the verge of
crumbling. I also would like to note, I read an article on AOL news
this past weekend about how Congress members get a special telephone
number and e-mail address for themselves at BofA. I don’t think it is
for the benefit of the American homeowner, it is the you scratch my
back and I’ll scratch yours deal between BofA and Congress. It makes me
sick. FYI I have already contacted my elected official Michael Bennet
about this issue with the special phone number and e-mail address and
my personal issues that I am having with your company.

I also support John Wrights lawsuit against your company!!!!!! I hope that this e-mail reaches you and we get some help with our home loan modification.
I AM ONE CUSTOMER AT A TIME!!!!!!!!!!!!!!!

April Anderson
on behalf of my husband
Eric Anderson


Update on 03/16/11 April Anderson wrote: Hey John I just wanted to give you an update.

I wrote my letter to BofA on Monday after noon and my husband received
a call from Trina Sullivan w/ BofA on Tuesday about 11 am. Not even 24
hrs after e-mailing my complaint we received a reply. She just stated
that she will look into the matter and call us every three days w/
news. We shall see what happens. I want to thank you so much! My
husband was wanting to just walk away but after stumbling onto your
site it has put the fight back in us. I will not give up my home w/o a
fight!!! Again thank you!!! I’ll keep you posted with updates.

April Anderson


 On 03/14/11 Bryan Miller wrote: My name is Bryan Miller, I am writing you today to let you know how disappointing my experience has been with Bank of America. Because of my job loss your company decided that we needed to do a modification. Said there would be no problem getting it done. Don’t make any payments while you are in modification either. WOW! Finally some relief! NOT! We stayed in constant contact with the bank for over a year. Hearing the same crap. “We are just overloaded and will get to you when we can.” Well I did find work but we were tied up in modification so you would not accept my payments then. Finally a letter came stating that we were turned down because my income went up but now you want everything we are behind or you are taking the house?? Really?? Is this how your company does business? Everytime we call we get someone else that has no idea what is going on. Then I talked with someone that gave me a repayment arrangment. This was great. I set the payments up for automatic draft. I have confirmation numbers for payments all the way through August 2011. The next call I got was to explain that someone had screwed up and they were canceling all my payments after only drafting one. But you accepted the terms of the repayment and my lawyers will have a field day with you over this. I was responsible enough to have major work done on the house while we waited for your answer. We even paid off our second mortgage, that company was a dream to work with. And now you want to swoop in and take it? The biggest problem is that I do make good money. I can afford the best attorney.

I do support the John Wright vs. BofA Lawsuit.

Can you take my home? Yes you can.  But remember that I will never go away.

Bryan Miller


On 03/16/11 Troy L. Allen wrote: I Troy L. Allen is a Bank of America Dissatisfied Customer.  I tried to get my home payments lowered to where I could afford the payments utlizing the “Home modification process”.  I received tremedous run around with Bank of America.  First they denied me and then they informed me they accidently approved me.  They only lowered my payments by $300.00 because they kept including last year overtime.  I informed them that they could not base my payments on overtime dollars since my company do not authorize overtime any longer.  Bank of America would not go on my base pay.   I tried numerous of times to explain to Bank of America that my home is not worth $250K.  My home according to the home appraisor is only worth $140K.  Bank of America refused to work with me and lower my house note and I am fighting going into foreclosure.  I am consulting NACA whom is trying to worth with Bank of America on my behalf and they too could not believe how little Bank  of America lowered by payments.  NACA have yet to hear back from Bank of America and it has been 30 days.  I too and going to file a complaint with the Texas Bank Commission; along with plastering my horror story on facebook.   Tell me, what did Bank of America do with bail out money that is the America people’s tax dollars.

“I support John Wright vs. BofA Lawsuit!”


On 03/17/11  Tippi and Robert Longo wrote:  I am a old countrywide mortgage holder – I purchased my house in 2006 – it is now $300,000.00 less in value and my husband and I have received 4 pay cuts in last 2 years – you guys started a modification for us over 1 1/2 years ago and it still isn’t finished!!!!!!!!!!!!!!!!!!!     This is really important information so please listen, no one else on your phone lines seem to get it…this information below gives you everything you need in order to get an answer to us.

  1. Tried to short sale in 2009 – almost approved through your office, than B of A came to us with a Making Homes Affordable program on our first (with verbal communication) that our 2nd would follow.  Our 2nd isn’t a equity loan, it was done at the same time as our first – it is a Conventional 2nd balloon.  We are now in a year of paying our 1st mortgage through Making Homes Affordable program and we are exceptional at paying it on time with the rest of our bills.
  2. About 6+ months ago, B of A send us a letter saying that our 2nd didn’t qualify for the Making Homes Affordable program – because we pay PMI insurance… WE DON’T PAY PMI!!  I DON’T KNOW HOW MANY TIME I HAVE CALLED IN LAST 6 MONTHS BUT NO ONE LISTENS.  

With all my research, I have found out that the owner of loan which is B of A – decided to take out PMI insurance on their own loan (I never knew this) – that is all and good if a lender wants to cover themselves but it shouldn’t prevent us from qualifying for the rest of our modification that was promised.   First and foremost, someone should have told us this in the beginning when we started modification on our first – if we can hardly make our 1st mortgage, how is it that B of A thinks we can pay the 2nd without modification.  If we weren’t going to get the 2nd modified with the 1st, we would have gone forward with the short sale of our home.   This process is in sane – our credit is ruined in this “time machine waiting process” and nothing is being done.  If only B of A would remove their PMI on the 2nd, this process would be completed and B of A would start getting paid by us on the 2nd loan???  I JUST DON’T UNDERSTAND IT  – NO ONE IS WINNING HERE??   We are very responsible people that pay all their bills, we are not looking for a hand out, just a way to assist in getting through these tough times by completing our making homes affordable modification.   We do not see the light at the end of the tunnel on this issue and no one can tell us anything at your company.  One day I get someone telling me – there should be no PMI on that loan and that it isn’t a “indicator” that should be on it – doesn’t apply to 2nd’s, than I get someone else saying that it can’t be removed.  Than I get someone telling me from B of A that, this is a private insurance and it shouldn’t stop you from getting your modification from Making Homes Affordable -but in reality it is and does!!  I can’t tell you how many people have taken down my number and told me they would call me back, but no one calls back.   WE NEED HELP AND SERIOUSLY THIS IS MY FINAL OPTION TO CONTACT YOU ONE VERY LAST TIME.   We appreciate you taking this very seriously and finding out the correct answers so this situation can stop being in a “holding” pattern.  We get calls 3 to 4 times a day telling us to pay our loan and we are delinquent, don’t you think that is what we want to do???  WE NEED HELP!   Thanks in advance for reading my entire email and getting back to me.

Someone needs to listen to me…

Tippi and Robert Longo


On 03/22/11 Leigh Landry wrote:  My name is Leigh Landry, my husband Craig and I live in Pembroke MA and currently our home loan is being serviced with Bank of America.  I am writing to you in hopes that I may ask for your assistance in a few issues that we are having with our modification that we received.  We started this process in October of 2009 and have received our permanent modification on Friday November 19th with the first payment due on December 1st 2010.

During our trial period we were penalized for making our payments 1 -2 days early and had to go through several appeals in order to straighten this out.  Just last week we started to receive collection calls from BOAC only to find out that we are showing as 2 months behind.  From the conversation that I had last Friday with one of the managers they stated our payments had been posted to our old monthly payment amount.  Currently our February payment is sitting in a “short” account and March is being held because my payment was short a penny.  I was told that this was going to be reviewed, but at this point I fear that this will not be resolved unless I come to you looking for help.  In addition to the payments being posted incorrectly apparently our payment increased by a penny (which I have sent a check for) and we were not notified.  Notification is not in the form of my monthly statement when you deal with contracts, which we signed.

We are looking for your help with the following;

  1. Review the payments since December, reversed and posted correctly.
  2. Please have someone send me a copy of any correspondence pertaining to the increase of our monthly payments.
  3. Please review and the negative credit reporting since December.

While we were in the trial period we had been reported late for each payment that was actually paid 1 -2 days early.  It took us quite some time to have this corrected.  Now after the modification was approved and has gone through we are now finding that we are in the same situation with the credit reporting resulting only as an error on behalf of BOAC.

I am frustrated with service we have received from most, not all, of the representatives employed at BOAC and am looking to you for help.

I look forward to your reply.

Leigh and Craig Landry


On 03/23/11  Jaroslaw Waszczuk wrote:  Dear President an CEO of the Bank of America:

My home is in foreclosure  and probably will be taken soon by the Bank of America .

Respectfully , I am asking your office to send advise to Bank of America Subsidiary  BAC’s Devil Advocates to stop sending me literature which I do not appreciate .

I have enough stress  at my age and I would really appreciate if Bank of America will take my home if the foreclosure action is according to law and regulations in State of California.

Attached is the most recent correspondence with one of BAC’s Devil Advocate who ruined completely my last weekend

Best Regards

Jaroslaw Waszczuk


On 03/23/11 Sonnica Hines wrote: Dear Mr. Moynihan, I’m writing this letter to inform you of the bad experience I have went through dealing with BOA. I have went through hell and back with BOA in trying to get this program called, Making Homes Affordable. I have never been mislead, misinformed and lied to until I dealt with customer services as BOA. Fist of all let me start by saying that the customer services at BOA is lost, don’t know what they are doing and just down right lie to customer about the status of their modification. When I was with Country Wide I never never experience this type of  services. BOA is not there to help the customer, because if that was the truth then I wouldn’t be going through this now. BOA is not honoring the Making Homes Affordable as they claim they are. The reason why I say this is because I been trying to get the Making Homes Affordable for a while. I have been told so many things and still have not been able to get modification. Let me start off by telling you my experience with the Making Homes Affordable Plan. On Oct. 8, 2010, I applied for making homes affordable, the represented that took my finance information told me that I  was pre-qualified for Making Homes Affordable. I should be receiving a package in the mail with in 30-45 business days. Guess what that never happen, but instead they sends me a letter saying that I did not qualified for Making Homes Affordable because they could not create payments to adjust my loan term. On December 14, 2010, I applied again for Making Homes Affordable, the represented told me the same thing, that I was pre-qualified for Making Homes Affordable. I would be receiving a package with in 30-45 days. The 30 days had passed so I called back around first of Feb. 2011 to check the status on my application. Representative informed me that I should be receiving a package soon it usually takes 30-45 days. On Feb. 22, 2011 I called back and spoke to a represented by the name of Albert, he informed me that he never saw that there was a modification package out there for me. He informed me that no one never did the package for me at all, but saw in the system where I called in on Dec. 14, 2010 to apply for Making Homes Affordable. Albert informed me that he would go ahead and do an escalation for me since I have never received the package. He told me it would take 10-15 days to received it. On Feb. 24. 2011, I called BOA again to make sure that Ablert did the escalation for the modification. A represenatative by the name of Tina informed me that she did not see in the system where an escalation had taken place for me. She informed me that she would go ahead and request another modification be done. At that time I was so upset and angry, I asked for a supervisor. Tina Supervisor  got on the phone an appoligize about the mess up I was having and guarantee me that he would make sure that I received my modification package in the mail within 10-15 days. So i waited couples of weeks to check on the stauts again. On March 8, 2011, I spoke to a representative by the name of Amber. Amber stated that I should be receiving the package by March 16, 2011. Marh 16, 2011 came and no packgage, I called back on that same day and spoke to Troy Holland a supervisor at BOA. Troy informed me that I was denied Making Homes Affordable due to my investor not excepting Making Homes Affordable. Now this is where I lost it, not one did BOA representative or supervisor ever mention to me about my investor was not excepting Making Homes Affordable. Not to mention in the month of Oct. 2010 they never mention it to me either, now all of a sudden they want to tell me this bogus lie. If my investor was not excepting Making Homes Affordable do you thing BOA would have know before they started the process and not to mention my investor would have sent me something in writing to let me know. Therefore I do not have no alternative but to report this to the highest authority. If the President can bail the banks out why can’t the banks help their customers.

I support John Wright vs. BOFA Lawsuit”


Sonnica Hines


On 03/23/11 Tina D. Kirchner wrote: Dear Brian,   I Tina D. Kirchner currently hold two mortgages with BOA one a short sale that I have had a cash buyer for since 2009!!!BOA has managed to countlessly loose paperwork, eject the realtor from equator system,  the latest is claiming to decline the sale due to not responding to a counter offer which the realtor and myself NEVER recevied from BOA.  Thanks to your wonderful Equator system we have proof of this allegation.  The courts continue to hold this case in mediation  until BOA can get there act together and process the required documention to finalize this sale.  On three years and still pending.   My next complaint is with my home loan.  BOA sent me a letter for the loan modification I did not contact BOA, BOA contacted me!!!  After sending the paper work over 5 times in last year.  BOA representive said we had reach the final stage of approval I will be receiving the papers in the next week confirming.  What I received was a letter denying me saying I was in “excess forebearance”.  Next day summons foreclosure papers.   I was completely mis-lead.   I asked  to re-in state the loan by making up  the back payments at this time I had sold my farm and had funds to pay off all late payments the representive said that was 21,000. We agreed to this and gave them permission to draw that months payment from my checking account so there would be no more late payments. BOA  was to send comfirmation papers of this and where I needed to send the money.   The papers arrived one week later stating 43,000!!!!  Not anywhere the number I owed in late payments.  This case is also in mediation again 3 more times submitting worksheets with no response.    Your business practices are unacceptable and I will not tolerate your potentially illegal, fraudulant, irregular and abusive business methods.  Myself and my town are fighting back!!! The judge is holding these two cases in mediation.  I love my town and you have destroyed home values, sales in all of America not to mention what you have done to me personal, mentally, consuming my time, and ruining my credit score for your personal gain.


I support John Wright vs BofA Lawsuit”

 Tina D. Kirchner


On 03/24/11 Steve Russell  wrote: Mr Moynahan,    My name is Steve Russell, my wife is Diane.  We have been trying to work through every conceivable channel for over a year to get our BofA home loan modified.  My wife has been fighting oral cancer and can no longer work a full time schedule.  After several months of getting nowhere on my own I retained the Marilyn Scheer law group to assist me.  They also have been stone-walled by BofA for 11 months.

Recently, BofA has claimed that we had not complied with the documentation requirements, however we have always promptly responded and have proved that repeatedly.

I plan to take this to the OCC if this is not resolved in the very near future.

We will not lose our home if at all possible.


I support John Wright vs. BofA Lawsuit

Steve Russell


On March 25th, 2011 James Davidson wrote: My name is James Davidson and I have been trying to work with Bank of America to receive a home loan modification since October of 2009.  At that time I was set up on a trial period with payments of $1,630.70 to be drafted directly from my bank by Bank of America.  The bank discontinued drafting the payment from my account in March of 2010 and when I called them to determine why the payment was not drafted I was told that they do not do direct drafts in that program.  I would like an explanation on why they could for the first four months but stop without notice from that point on.  Every representative I spoke to at your organization was unable to explain that to me.  I continued to call in the payments for each consecutive month by telephone and in April of 2010 your organization asked for further documentation which I sent and which was signed for as received on May 26th of 2010.  I have repeatedly made payments and have continuously been informed that my loan was still under review.  It is now March of 2011 with my April payment becoming due and I receive a call from your organization stating that I would be placed in foreclosure on April 24th if I didn’t pay the arrears of $29, 485.  This is nothing short of despicable and the misleading representation of your agents borders on fraudulent.   After much discussion with your agent I was told that I was still under review and awaiting the assignment of a negotiator.  Note this is the same agent that told me I was ten days from foreclosure and my other options where a short sale or deed in lieu.  After recomposing myself I called your home retention department back and was informed that I was not in foreclosure but still under review that the intention letter of foreclosure was scheduled to go out on April 24th.   I am seriously concerned about never being able to get the same information from any two representatives I speak to.   I was about ready to put this to bed for the night when low and behold I go home to find a crumbled and dirty envelope in my front flower bed.  The envelope contained a post-it note to call 800-669-6654, yup Bank of America.  Although not sealed the envelope had the word confidential hand written on the front and my street address on the back.  I have attached a copy of the envelope and note for your files.  By the way it is my understanding that the practice of door to door debt collection is illegal.  Hopefully by this time you can clearly understand why I am a bit more than upset with Bank of America in its entirety.  A bank which claims to want to rebuild its reputation one customer at a time and calls itself the bank of America  should be putting a little more effort into being reputable and the way it treats its customers.  For some background on myself, I am a Disabled American Veteran with a rating of 60% and 63 years old.  I have never been treated with less respect than with these dealings with your organization.  Yes I took out the loan and fell on hard times when I was laid off, for the first time in my life, in February of 2009.  But when I applied for a loan modification, it was Bank of America that presented me with the option to modify my loan with the payment of $1,630.70 per month to include taxes and insurance, and Bank of America that has repeatedly refused to honor that commitment while I continued to honor my part of the agreement.  I would surely suggest that you look deeply into the way you treat your customers and would greatly appreciate your help in resolving this matter in the manner that Bank of America first presented and agreed to.

James Davidson


On March 30th, 2011 Michael & Renee Fong wrote:  Mr. Brian Moynihan,  I cannot believe the way your so-called bank is run. It’s always been my belief that the banks are being funded to help the homeowner keep what they worked so hard for all their lives.

Nearly a year ago we started our mortgage loan modification process with Bank of America and surprise, surprise we’re still in the process! How many times does B of A need the same documents faxed!?! REALLY? Every time we call we are transferred a minimum of three different times because each individual department is not able to answer the question because it’s either not handled by them, or they don’t have access to the documents or information needed in order to answer the question! Most phone calls last a minimum of one hour…what!!!??? Do you have hours upon hours of time to waste to get an answer to what appeared to be a simple question? Do you believe that the amount of time spent being transferred around, re-stating the reason for the call and being told you need to speak to someone else is the proper way to do business? Would you tolerate it if it were you calling in? I thought we were calling “Customer Service”. Obviously that is an oxymoron in your organization.

The forward progression of processing the loan is delayed so often because the processing department “next in line” somehow, conveniently doesn’t receive the documents we already faxed because the “system” is different so they don’t have access to the information and request we fax all the same documents AGAIN! This of course delays the process weeks which migrates to months before you know it. Most recently we faxed a set of requested documents in February 2011, then we received a denial letter because the information requested wasn’t received in the time allowed. We had to call to argue that the information was most definitely was sent in the time allowed, it was just sent to a number your customer service representative provided inaccurately. As a result we had to fax them all again March 14th and request an appeal. Now we don’t even know where our most personal information went and whether or not we will be the victims of fraud because our pay stubs, property tax statements, homeowner insurance statement amongst other things are now in the hands of who knows who to do with what they may. Unfortunately, it’s apparent they are not with B of A where they should be.

It’s March 29th and we were just requested to fax them all again to Chad Cowling in Appeals underwriting. He instructed us to include specific information which was not specified with the orginal request (and could have been). Furthermore, we were assigned an impound account without our knowledge or being informed it was a requirement of the Making Homes Affordable program and “out of the blue” we were told to pay our tax liability to B of A by April 1st. We had been counting on the normal April 10th as we have to budget for these expenses. Something you may not be accustomed to. I can’t understand how this can be normal practice to create an impound account for a loan that doesn’t even exist? HELLO!! We’re still waiting to be approved. This is obviously a very well orchestrated “run around”. Your business practices can be compared to that of crooks. It seems like foreclosures of families in dire straits are your bread and butter. I smell an Enron here.

I’m sure you’re familiar with the Office of the Comptroller of the Currency (OCC) as I’m sure they are you. I was just introduced to their website and plan to become better acquainted with it tomorrow.

At this point I request a quick response from you regarding our ridiculously delayed loan modification process and how it can be finalized with a decision to modify our loan as we were told we were close to receiving back in DECEMBER 2010.


I support John Wright vs. BofA Lawsuit!


Michael & Renee Fong


Update on 04/08/11 the Fong’s wrote: On 4/5/2011 we received a FedEx letter from Michele Harkless with the Customer Relationship Advocacy department stating that her recent attempt to contact us was “regrettably” “unsuccessful”.  Michele’s letter further states that “concerns addressed in your fax require further detailed analysis” and “We will respond to your inquiry after we have completed our investigation.” Here we go again! B of A is so predictable.  Let me translate her letter…  “We’ll call you in three to four weeks to let you know that either, we need more information faxed, we have transferred your loan request to xyz department and we need all your information faxed again, or we’re still investigating and your loan request is being forwarded to xyz department for further review.”  Per my email dated April 6th [to Mr. Moynihan] I stated that Michele made only one attempt to contact us. How one phone attempt justifies a FedEx Overnight letter [to tell me they were unsuccessful in reaching me] is beyond me. In Ms. Harkless’s voice mails and her letter I’m given the impression that I can at least leave a voice mail for her because she’s very clear to explain that she can be contacted directly at 1-800-669-2443, ext 2773, Monday through Friday, 8 a.m.  to 5 p.m., Pacific.
Michele surprisingly made a second attempt to contact us on April 7th (after we recieved the overnight letter) and left a message for us to return her call.  I called Ms. Harkless at 10:32 AM the next morning on April 8th.  As expected Michele wasn’t available again so I called the alternate number given,1-800-669-6093 [for immediate assistance] and I spoke with Liz at Customer Relationship Advocacy Dept. Liz put me on hold several times to attempt to contact Michele after I asked if I could leave a message for her to call me. Apparently while on hold, Liz was told by Michele that an OCC complaint was filed and our loan was being escalated to a Betty Ryan. I was told [by Liz] Betty will be in touch. Funny how I made five attempts to call Ms. Harkless that she’s never been available but when I call the alternate number an associate is able to talk to her directly. So here we go again to another department.  Hasn’t B of A run out of departments to transfer me to yet!?! I feel like I’ve been sucked into a black hole with now way out.  I know Bank of Abusing America is counting on a foreclosure and the longer we drag this out the closer I get to that point. Thanks B of A for increasing my monthly with the new impound so you can help ensure that.

Bank of America is ruining my life. There has been undue emotional and mental stress placed upon us for the better part of a year now. It’s no wonder that people are committing suicide because of the abuse. More needs to be done to stop this insanity. On top of every update I make to piggybankblog I’ll be drafting my next emails to my Senator.

Thank you John for your time and dedication in fighting this madness.  I am but one customer of B of A…  and I’m fighting back.

Michael & Renee Fong
Update on 04/15/11 the Fong’s wrote:  Hi John,  I’ve written the following email as an update to my B of A circus show. Please post at your convenience. Look for copied letters to you that I will be sending to Congressman Mike Thompson, Sen. Feinstein, and Sen. Boxer. In addition to joining you class action against BOA I will be joining forces with Charlie Holling with our own class action lawsuit. As you can tell, I’M PISSED NOW! THIS WILL GET UGLY!
Thanks John for your support.
I finally received a call (VM message) from Betty Ryan from the office of the CEO of Bank of America on 4/11/11. She stated on her message that she was returning my call (which I never called her) and that I will be assigned a “new negotiator”. I called her back the next day twice (7:35 AM PST & 1:00PM PST) and left detailed messages to please return my call. I left my home number as well as my personal cell number so there should have been no excuse to not reach me. Never got a call back.
On 4/12/11 I was left a VM on my home number once again by a John who claims to be my “new negotiator”. I’m guessing the one Betty spoke of on her voice mail on 4/11/11. John says he would like to introduce himself and leaves his number of (877) 431-1431 ext. 14502 and informs me that his hours of availability (and I use that term VERY loosely) are M-F 7:00AM – 3:30PM PST.
On 4/13/11 I receive another FedEx overnight packet from B of A from Johnny Jauregui in Brea, CA asking for several items to be submitted for our loan process. Several of which we have already submitted! IS THIS MY FAULT THAT B OF A WAS DRAGGING THEIR FEET SO LONG THAT MY DOCS NEED TO BE UPDATED??!!! How many Dodd-Frank certificates do you need??!! I just sent one two weeks ago! Right hand doesn’t know what the left hand is doing? “Let’s just claim that it doesn’t. It’ll just buy us some time.” We were told by Chad Cowling (Appeals Underwriting) that the last set of docs we submitted were going to be reviewed and he was going to submit a recommendation then we were going to get a decision. What a bunch of crap. Bank of Fraudulent America is at it again.

After receiving the FedEx packet I had tried calling “John”, the “new negotiator” (could this be the same John that sent the FedEx packet?? Who knows? I can’t talk to anyone!) ,but his (877) number doesn’t seem to work. I get the infamous “your call cannot be completed as dialed…”. And I know I wrote his number down correctly. I played his message back several times. I then tried calling Betty Ryan again only to find that she’s unavailable. Surprise! Of course I left another detailed message not only to call me but informed her that her “new negotiator” had a bad number for me.

So it’s Thursday evening, 4/14/11 and I haven’t heard anything. No calls on my cell or VM on my home number. Thank you Bank of Abusing America for your care and understanding to your customers.


Michael & Renee Fong

And we are Fighting Back!

 Update on 04/17/11 :  Hi John, Yet another update for your website.  I finally received a call from Betty Ryan from the Office of the CEO on Friday 4/15/11.  She gave me the corrected the phone number for John, my new negotiator. She couldn’t answer any of my questions about why the need for repeated submittals of documents however, she did tell me that my loan was transferred to her department because of my complaint to OCC. She said her department will expedite the processing of my loan. I will be calling John on the new number Monday, 4/18/11.  Hopefully I’ll be able to talk to him but my guess is that I’ll end up leaving a message. 
After receiving the FedEx packet I had tried calling “John”, the “new negotiator” (could this be the same John that sent the FedEx packet?? Who knows? I can’t talk to anyone!) ,but his (877) number doesn’t seem to work. I get the infamous “your call cannot be completed as dialed…”. And I know I wrote his number down correctly. I played his message back several times. I then tried calling Betty Ryan again only to find that she’s unavailable. Surprise! Of course I left another detailed message not only to call me but informed her that her “new negotiator” had a bad number for me.
So it’s Thursday evening, 4/14/11 and I haven’t heard anything. No calls on my cell or VM on my home number. Thank you Bank of Abusing America for your care and understanding to your customers.

Michael & Renee Fong
And we are Fighting Back!


 Update on 04/17/11 :  Hi John, Yet another update for your website.  I finally received a call from Betty Ryan from the Office of the CEO on Friday 4/15/11.  She gave me the corrected the phone number for John, my new negotiator. She couldn’t answer any of my questions about why the need for repeated submittals of documents however, she did tell me that my loan was transferred to her department because of my complaint to OCC. She said her department will expedite the processing of my loan. I will be calling John on the new number Monday, 4/18/11.  Hopefully I’ll be able to talk to him but my guess is that I’ll end up leaving a message. 
Thank you sir.
Josh Avery
On 04/01/11 Stephanie L Knighton  wrote:  Good Day.   I’m a BOA customer that’s been waiting for modification for a long time.  I’m to the point where I think your modifications are fraudulent.  Your firm has been playing games with missing documents, which I’ve submitted a few times (fax confirmations to prove it), then we wait months at a time to only play the telephone tag game.
My husband and I have stressed that we want to keep our home and would like to work out resolution by adding our late payments to the back of our loan.  We’ve been in the “Hold” status for months.  I find this to be ridiculous 
My case worker Kayla Newton, hasn’t called me at work (which I told her was my best contact number).  She calls my home number and never leaves a specific message.  Why doesn’t she call me at work?  Also, why does she keep stating in her files that she never received our letter of hardship, when I have my documents on hand?  Why is this?  I was only able to reach her one time at work; other than that, she never answers her phone.  What’s up with customer service?  
I received your name and email on a website called www.complaintsboard.com and there are numerous complaints from your customers.  The complaints that were posted sound very familiar to us. 
PS – how can you justify your firm putting is in a subprime loan and not willing to get us out?  Looking forward to discussing this. 
I’m eager to speak to someone in upper management regarding our loan situation.  I can be reached at this email address:  XXXXX or work number: XXX-XXX-XXX.  My email address and work number are the best way to reach me.
Thank you.
Stephanie L Knighton
On 04/01/11 Harry wrote: All I can say is that BOA are a bunch of Criminals..I started my loan mod in sept of 09, made my 3 month “Trial Pmts”, was told to continue making them…recieved a letter in March of 2010 stating I was “Approved” for the Making Home Affordable Program, OH, and had a Credit score of over 800 when I began this….little did I know that my “Trial” Pmts were counted as “Partial Pmts” totally WIPING out my Good Credit….then in sept of 2010 (a year later of making “Trial Pmts) they notify me that I no longer qualify due to my POOR CREDIT!!!
BOA WIPED OUT MY CREDIT…..THEN…turn around and Deny my Previously approved Loan Mod, and now say they are going to send out an Accelerated Foreclosure Notice to me!!!!
WTF?????????????????? If this isnt Criminal Fraud I dont know what is????
Somebody HELP??? Isnt there a Class action Law Suit somewhere Addressing this????
We MUST Bond together to fight this People!!!!
Im seeking Legal Counsel Monday Morning, I will let you all know what I find out…
Please email me if anyone knows of a Group Lawsuit Addressing this!
I support John Wright vs. BofA Lawsuit!
On 04/04/11 Jennifer Saari wrote:  Brian, I found your email address on a complaints against B of A website.  Can you please help me out?  Or is everything they are saying true?


If it was just me that was denied, I could accept it somewhat (even though the reason listed is completely ridiculous), but everywhere I look people are getting the same run-around and denial and threats and no one is getting the help they need.  Please see my correspondence below:

Jennifer Saari


On 04/04/11 Araceli Cabadas wrote:  My name is Araceli Cabadas. I have been working with B of A to get my home loan modified loan number xxxxxxxx for over 3 years now. I have been checking in periodically on how my loan modidfication process is going. I have been updating documents on a regular basis every 60 days at the latest. I was even advised by one representative on a phone call I made to check status of my loan mod not to call back before march 21st because I was slowing down the process. Last friday April 1st, I called to check status on my loan modification and was advised by the representative that i need to send in updated docs. I advised I have been sending them in every 60 days. He told me that once it gets to the end of review for a loan modification, they require docs be updated every 30 days. I was under the impression that everythig was fine. I advised him that I would be sending in docs soon as able. I attended the Moreno Valley Foreclosure event on Sat April 2nd. I met with a representative that told me I was in review and that what was being requested is a lease agreement for a property that my husband owned. I advised her that the property that she was requesting a lease agreement for had foreclosed in 2009. There is no rental or lease agreement. She stated she will send my Loan Modification Specialist Katherine Ondich an email to advise. The rep told me that My loan mod processor had attempted to call me several times to let me know of info being requested. She verified the number and it happened to be my home number (which I never answer). I had been advised by multiple representatives that because of my Bankruptcy filing no one would contact us by phone. So I never expected to receive phone calls from B ob A. To add to it, I had been in contact with Katherine Ondich through email more than once when she requested other documents from me and I had no problems then. I always included my cell phone number on the emails I sent and advised her that she could feel free to contact me with any additional information requested with no hesitation. I submitted the docs within the next couple days from when she requested them. There was NO reason why I should have been removed from Loan modification review because I did not turn in a Lease agreement that is non existant. Katherine never questioned if there was rental property. She simply assumed that there was by looking at items from our credit report. I think my loan modification review should be reinstated and reconsidered. There is no reason why I should have to suffer the consequences because someone did not follow through like they should have. I don’t think it is fair I would have to start this process over because someone did not ask the appropriate questions. I received a letter today dated March 30th (remember, I spoke to a rep April 1st who stated everything was fine and all I needed to do was update docs. Did not request least agreement) that advised that I have been denied for a loan modification because I did not turn in documents requested. To add to my frustration, the letter did not specify what docs were being requested. Had I not made it to the foreclosure event, I would have never known this was being requested of us as I never receieved a letter in the mail requesting this information.

I feel that the right hand does not know what the left hand is doing and it is very frustrating as a homeowner who simply wants a resolution in keeping their home. These are people’s homes that are in jeopardy. This is not a joke.

“I support John Wright vs. BofA Lawsuit!”


Please Help in assisting me in this matter...

Araceli Cabadas



                                                                                                                                                                                             On April 6, 2011 Michael & Renee Fong wrote:  I received a phone call from Michele at the Customer Relationship Advocacy Department from the Customer Contact Division last Saturday, April 2nd. She left a message in regards to my email to you dated 3/29. In her message she informed me that her office hours were Monday through Friday, 8 AM – 5 PM PST. The following Monday my wife attempted to call Michele only to find that she was unavailable. She made two attempts on Monday to contact her without success. The next day on Tuesday I made two attempts to call Michele in the afternoon (well before 5 PM PST). Again, to find that she was unavailable. What’s so frustrating is that we are unable to leave a message to let her know that we are making the effort to contact her. Is this yet another tactic that Bank of Abusing America uses to avoid being available. Are we given one shot when she calls and if we’re not available, that’s it?! We are calling back…multiple times! She called on a Saturday. Not a usual day for a business call. Believe it or not there are a lot of people that do things outside of the house on the weekend. Is this a way to “attempt to contact”? Maybe a policy to contact customers on days they would most likely NOT be home? If Michele’s office hours are M-F, 8-5 PST, why was she calling me Saturday afternoon?
Per my last email to you I had mentioned we were asked to re-fax a packet of information because Chad “somehow” didn’t get the information transferred to him. That night we faxed the packet and Chad emailed back stating that he didn’t get a portion of the packet. We had to AGAIN fax the missing docs the following night and finally got a receive confirmation from him on 3/31. The following is the email exchange between my wife and Chad. I think you have to agree that missing pieces of a multi-page fax is a bit fishy.
There were also paychecks from January in there as I was asked to submit pay stubs from the time we applied and current. I can’t imagine why you have the older ones, but not the January ones in the file. This is definitely not making sense now how you are only finding bits and pieces of a multi-page fax.
I will re-submit the information tonight.
Thank you,
On Wed, Mar 30, 2011 at 9:07 AM, Cowling, Chad wrote:
I reviewed the entire file again and found the other paycheck submitted at the end of February; however, the reason that I wasn’t able to use it is because it’s older than 6 months. Under the modification underwriting guidelines set up by the Federal Government, we’re unable to use documents older than 6 months. Per our conversation earlier, these are the remaining items needed to complete the review of your file.
1. January’s pay stubs for you.
2. Cleaner copy of the Profit and Loss statement for [business name] .
You may fax everything to me at 888-794-9842. If you have any questions, you may reach me at 855-202-5422 ext. 1450637.
I’ve also noticed the cold response from Chad to the obvious trouble we’re having with this process. It’s the feeling I’ve been getting from anyone I deal with at B of A. I now have another question about an impound account that BOA set up for us (that we didn’t even know about). It’s April and we will be having funds placed in this impound for a loan that doesn’t even exist! We haven’t even been approved! We asked Chad what happened to the impound account if we were not approved…he didn’t know. Now that’s customer care!! If you’re finding so difficult to contact us, try calling us more than once. Believe it or not, we really do want to talk. And try not limiting calling to the weekend if at all possible. If you do leave a callback number, leave a number where I can leave you a message. There’s a good chance I can give you another number to call or a better time…or better yet, maybe we can actually talk! Another option is to use email to agree on a time to call. Thank you Bank of Abusing America for taking care of us one customer at a time.
Looking forward to actually talking to someone.
I support John Wright vs. BofA Lawsuit!
 On 04/07/11 Dana Gora wrote:  Dear Mr. Moynihan:  I’m so stressed out by BOA that I just don’t know where to start…
I’ve been dealing with your bank for the last few months and I just want to scream.
My loan is only $100,0000 and I CAN’T seem to get your bank to refinance or modify my mortgage. 
I’m at 7.75% and the late fees, foreclosure fees and God only knows what other fees, I can’t seem to get anyone to help me.
I’ve faxed and was told that I would be considered for a loan modification. 
On March 22, 2011 I received a letter that my information was received.
On the third paragraph is states: “In the meantime, your loan will remain in normal servicing, and you are still required to make your monthly payments”…. I went to my BOA branch in St. Augustine and they would NOT accept my payment. 
Low and behold, the same day, March 22, 2011 I received a letter from Gladstone Law group 1499 W. Palmetto Park Road, Suite 300, Boca Raton, FL  33486, (561) 338-4101 advising me that they have been retained by BOA for foreclosure proceedings. 
Yesterday, I spoke to someone and they told me I had to overnight a payment of $3,051.80 to Dallas, Texas.  I did that.
My husband has Multiple Sclerosis and is totally disabled (quadriplegic).  He is with his parents and he does not want to go to a nursing home. I cannot take any money from him because he needs to pay nurses to take care of him 24/7.
Michael & Renee Fong
I’ve been trying to get back on my feet for the last 3 years.  I’m 53 years old and getting a job in Florida is very difficult.  I have roommates and this helps.  I just started a job and am looking for another one. 
I need somehow to modify/refinance my home… Or, just put the late fees, other charges to the end of the loan and somehow reduce they payment.  It’s very difficult to come up with $1,560.00 per month. 
I’ve been borrowing money from friends, family just to survive.  Please help me with this loan. 
Thank you in advance. 
On 04/08/11 Rebecca and Gary Dykes wrote: Dear Mr. Moynihan,   I am so hoping that you can help us, as we feel that we have exhausted all other options!! I have been corresponding via email and telephone with your Customer Service Department, since September 2010!  In October 2008, we hired an attorney when we were only going on 2 months behind on our Mortgage.  Of course, I did not realize all of the “scams” and horror stories from other home owners, and we trusted this attorney!! My last face to face meeting with him, was in December of 2009.  He said not to worry, not to send in any payments and that Bank of America was one of the easiest firms to deal with.   To explain a little further, my husband lost his job in August of 2008.  He then had to be hospitalized several times, which created more copays for medication, medical bills etc.  My husband did not work for over 2 years.  Therefore, we were asked by Mr. Antonio Arnao Attorney, to write down all of these facts, and that he would send a Letter for us to Bank of America.  He also told me, that this could take months and years, so if I did not hear from him for several months, this would not be abnormal.   To my horror, I had been unable to contact Mr. Arnao from January to September of 2010, and still hoping that he was working in the background.  I thought that I should try to contact your office, which I did.  They sent me the loan modification documents and we promptly returned them with all required documents.  We received a letter at the very end of January 2011, that we did not qualify for the making homes affordable program, because our salary was in excess of 30% of our pay.  Of course, this is calculated off of the total, PRIOR TO THE TAXES, HEALTH INSURANCE, ETC., being taken out of our checks!! However, the letter did say that they were investigating other in-house programs, and that we would hear something within a 10 day period.  In February 2011, when I did NOT hear anything, I called, and of course as per usual whenever I call, I was transferred 7 times!  Finally, when I was able to speak to someone JUST LAST WEEK in the Litigation department, they tell me that they cannot speak to me, or correspond with me, because Mr. Arnao is shown as our attorney.   I promptly faxed over a coverletter and all of the documents received from the State Supreme court of Florida, showing that Mr. Arnao had been SUSPENDED!!! Just exactly for this same situation, not responding in a timely fashion!! Therefore, we have no lawyer and I have filed a complaint with the Florida Bar Association.  I called this am, and the man REFUSED TO SPEAK WITH ME, because the correspondence is “Attorney to Attorney”.  I explained AGAIN, that I faxed the documents to show them that he is suspended by the State, which is what I was asked to do.  However, the man “Phillip” that I spoke to this am, REFUSED TO SPEAK WITH ME ABOUT OUR HOME!   Mr Moynihan, we do not have the $29,000 that your company is asking for, to make up back payments.  But, what we can do, is start paying our normal monthly Mortgage payments, as we ALWAYS did in the past.  If you will check our records, you will see that we ALWAYS paid on time, prior to my husband loosing his job, and his medical problems.  Now, I find myself at home on only 80% of my salary, and should this turn into Long Term, which will be determined in August of 2011; I will only receive 60% of my salary!! However, WE DO NOT WANT TO LOSE OUR HOME!!! WE HAVE BEEN BEGGING to start making our monthly payments, and have the delinquent payments, placed on the end of the loan; which is what we were assured by Mr. Arnao, could be done.   Is there anything at all that you can do to help me?  We have owned our home for 11 years, raised our kids here; and now our grandchildren have a home to come to.  Please Mr. Moynihan, we do not want to lose our house!! We just ran into terrible times, and then fell into a defraud by a dishonest attorney, when we thought we were doing the diligent thing, to hire one!! We were not even 2 months behind, when we did this.  We TRIED TO TALK TO YOUR COMPANY!!, and we were told that Bank of America would NOT ACCEPT PARTIALY PAYMENTS!! They said that all late fee’s would continue!  We tried our best to work with your company, and now I have CSR’s from your Company, telling me that you would have accepted partial payments!!   Please, we are at an extreme loss!! Because of my husbands out of work (did not receive worker’s compensation), medical bills, and now my illness, do not have money saved to pay you.  But, what we can PROMISE is to pay our monthly Mortgage payment EVERY month from now on.   Please let me know what our next course of action is?   Thanking you in advance for your help.  
Rebecca and Gary Dykes
On April 10th, 2011 Dorothy wrote: I am disgusted by the way ya’ll have treated me with my making home affordable modification and that you did not lower my house house payments but are now trying to take my home away from me, but yet you will auction my home off for pennies on the dollar instead of working with us and letting us keep it. this is going to stop because if we have to picket bank of america and do whatever else we can do against bank of america we will. call mrs. mccall 980-233-1579 CEO of bank of america and let her know to stop doing this to people and also Mrs. ebony brown who told me that either i can accept the modification, forclosure, or quick sale. i asked her to review the modification and she told me that i had those 3 choices only. my husband had to go on disability because he went in for surgery and he thought he’d be back to work in 3 months instead the surgery didnt go well and now he’s on permanent disability. if president obama would do what he said he was going to do this would not be happining.
“I support John Wright vs. BofA Lawsuit!”




On 04/11/11 Mike Gingrass wrote: My wife and I have had our mortgage with your bank and Countrywide before that for several years, and always made our payments on time.  I have been a banker for 42 years, but lost my job in June,  2009. In December 2009 we applied for Making Homes Affordable and were approved for a Trial payment in  2/10 and have been making monthly payments on time since that time. Since then, I have been in contact with many people in 6 different states to get a finaL decision (all documented with names and numbers), have sent countless documents( many 2 times as they seem to get lost). To date, we have recieved nothing but run-around. In June,2010 I contacted your office, but merely was transfered to someone else again. 2 weeks ago I contacted the OCC on this matter. I will now also be contacting piggybackblog.com to post a complaint over our treatment on this matter, as well as contacting the Brookstone law office. My account number with our mortgage is 171317582. Sincerely, Mike Gingras


On 04/16/11 Todd Legaspi wrote:  BOA:  I am requesting a principle reduction, modification, and a removal of ex-spouse from HELOC (court ordered). Due to your poor customer service you failed in your ACT in GOOD FAITH when I requested to remove her.  You took that chance away from me WHY? do you not care? 

Todd Legaspi      

P.S. I support “JOHN P. WRIGHT”

Update on 10/20/11:  Brian T. Moynihan: this is an example of some of your quality services coming out of one of your departments…sit, wait, be disappointed! Nothing but a waste of time on both sides. I am calling you out be ACCOUNTABLE stop hiding! Interview me in front of the cameras I got nothing to hide!!! I have the facts.Todd W. LegaspiDear Bank of America, Bankruptcy Loan Modification Department:

For 3 months the Modification Department at Bank of America strung me along and kept me waiting for something that was thrown together within a week or so. BOA sits on everything and has no accountability for something having time suspense’s. I called over 50+ times and asked so many questions. The agreement that was sent is completely opposite of what was told to me by the BOA representative assigned by you for me. If I knew it was going to be completely changed I would never have verbally agreed and wasted our time. Why could you not have someone make one phone call informing me of the change? Instead of wasting time on me another customer could have been helped. Why does this happen that you take the livelihood and well being of the customer waiting so patiently for a response. I am one man and as of today I will be heard like no other. As of today I will start a one-man complaint assault to all avenues: Congressional, STATE, FEDERAL, OCC, all Government Departments, and Media Outlets. I don’t need anyone to fight or represent me I can do this by myself. I sit here and write this and think about all the people in my position feeling the same way: HOPELESS and feeling SCREWED! Well I am here to tell you I will not surrender to your tangled web of call centers and people that have no clue what they are doing. I WILL BE HEARD! For me today is day one……and every other American Citizen that you left hanging and waiting their voices will be heard though me. Words cannot describe my disappointment. I am a person of great integrity and honor. My story will be told of the last 3 years of dealing with Bank of America. The power of the pen is mightier than the sword. This country was formed by people that believed and fought for what are our freedoms today……..!


I am Todd W. Legaspi Military Member of the US Armed Forces and I am FIGHTING BACK

Todd W. Legaspi vs. BANK of AMERICA



On 04/20/11 Marie Downen wrote:  My name is Marie Downen,  and I am writing you in hopes that I can get some honest help from you.





I was contacted by Premier Loan Co. in Victorville, CA.  in Sept. 2009.  At that time, I had never been late
with a payment to you or anyone else.  Their story was,  since I owed more than my property was worth
they guaranteed to be able to get me a loan modification.  They told me to not make more payments to
you,  and took from me post-dated checks for $800.00 each,  to equal the next 3 payments due you.

Soon I was contacted by you,  and I was told that you would work with me,  and do the Loan modification,
and I was told that it looked like I was qualified.  When ever I called,  I was given the message that you
were so busy,  it may take a bit longer.  I should not worry,  you had all my information,  etc.

I had respect for B of A,  and believed I could trust that what I was told was the truth.  Finally after
many months,  I was sent a trial package, and was told to make 3 payments,  which I did,  and on
time.  Then I am sent a package,  which was not delivered to my house,  however I did eventually
get it.  You have added a lot of charges to my balance,  so my payments are more than they were.

There is no house in this area that is appraised for what you want me to still owe you.  In fact on
March 25, 2011,  the house next door sold for $57.500.00.

MEDICATION, BECAUSE OF ALL THIS.  When you call me,  the phone ID, tells me “UNKNOWN NAME”
and “UNKNOWN NUMBER” which I have been told by the police,  not to answer such calls.  Last night
my phone rang about 8 times,  3-4 minutes apart,  with that ID,  and no message left.  Finally at after
7:30 PM,  there was a short message that it was B of A.

Please contact me by e-mail or phone at (xxx) xxx-xxxx,  and if my caller ID says B of A,  I will
answer,  if possible.

Thanking you in advance,

Marie S. Downen


The following  is an email version of the certified letters I sent to Congressman Mike Thompson, Senator Dianne Feinstien, and Senator Barbara Boxer. The letter speaks for itself…

I am writing this letter to make you aware of the seemingly criminal business practices of Bank of America.

Nearly a year ago my wife and I applied to modify our mortgage through the Making Homes Affordable Program.  As with any loan process we began with completing an application and submitting required documents to the bank. As time passed we were required to re-submit the same documents over and over. The reason was that as our loan progressed to the next department our documents were not transferred as promised or the documents were outdated (as a result of their delay in processing the loan).  This occurred every time and when the next department in the process wanted us to re-submit the docs again their explanation was always that their systems didn’t talk to “each other” or the documents weren’t recent enough.  This has been going on for almost a year and I just received another request to submit documents we sent in at the time we applied and most recently two weeks ago!  In fact, we have been in the process so long that the original program we applied for is no longer available so we had to begin again with the current program.

In addition to this senseless action of repeatedly sending documents, we are given a literal runaround each and every time we talk to someone on the phone.  Early in the process we were transferred at least 2-3 times every time we spoke to someone on the phone and each call lasted in excess of an hour each.  In the most recent past I can’t even talk to anyone.  If I’m able to leave a message (VM), I don’t get a return call.

Moreover, Bank of America created an escrow account without us being aware of it. I find it hardly common practice to create an impound account for a loan that hasn’t been approved or doesn’t even exist yet.  However, they state it is a requirement of the federal program for which we are applying through.  We were never informed at any time in the past that this would be a part of/or a requirement of the loan modification process.  As a result of this escrow account, we are required to pay a higher mortgage payment.  Over a 32% increase to our current payment! They’re increasing a mortgage for a person that’s already having trouble making the current mortgage. They’re digging a hole and pushing us into it. How is this making home’s affordable?  It’s just expediting a hopeful foreclosure for the banks.

I have learned that I’m not the only person that Bank of America does this to. I have close friends, (Mr.  & Mrs. Charlie Holling) that went through the same process only a year or less before us with the exact same experience.   Bank of America is conducting business practices that are crooked.  They are dragging their feet so those of us who need help with our mortgage now get further and further behind.

Can you please help a home owner and consumer in California be heard and help bring an end to this scandalous practice? I know I’m not the only victim of Bank of America so I hope everyone can benefit from my efforts.


Michael Fong


Update on 04/23/11 the Fong’s  wrote:  Hi John, another update to the saga…Thanks for the tip on the different mods.  We may be on track with this John Jauregui guy as long as I can keep coals in the fire box…and that’s what I plan to do.

OK, since my last update some positive things have occurred. However, I’m not going to hold my breath or stop my fight because I’ve heard a lot of these promises I’m hearing now in the past. 

On Friday, 4/15/11 Betty Ryan from the Office of the CEO called me on my cell at work and gave me John’s (Jauregui) correct phone number, (877) 430-1431. Betty also asked me for the incorrect fax number I was given back in February so that she may follow-up with the error.   I told her I would get back to her with the information.

I called John Jauregui the following Monday on 4/18/11. I had to leave a message but John called me back within 30 minutes!  It was very surprising but very reassuring.  We discussed what documents needed to be faxed AGAIN and we were able to reduce his list of 15 items down to 6. It’s funny how all along so many agents of B of A said they didn’t have certain documents because their systems “didn’t talk to each other”.  However, when I talked to John this time he had just about every document we sent over the past nine months in front of him!!  He said “the entire process shouldn’t take any longer than a month to a month and a half”.  He also assured me that he will be the sole person to see my loan process all the way to the end and if I want a follow-up/status call once a week that we can do that. This of course he tells me is subject to him getting promoted or terminated. I told him I was very skeptical of what he was telling me because I’ve heard this all before from other people from B of A so I had a hard time believing him. He was apologetic and tried to assure me this is why he is now handling my loan.

On 4/20/11 & 4/21/11 I called John to ask a few questions regarding information he needed on the documents he requested. On both occasions I left a message and he returned my call within the hour.

This I’ll have to say has been the most positive part of this experience. John has been attentive to my phone messages I have left.  If this is any indication of how the rest of the process will proceed then we should see results soon.

On 4/21/11 I left Betty Ryan a VM leaving her the information she requested regarding the incorrect fax number. I also asked her once she did her investigation to let me know if that incorrect number was even a B of A number because I now have my personal banking information out to “who knows where”. I’ve yet to receive a call back from her.

On Thursday night, 4/21/11 I faxed all my documents to John and requested not only over the phone (earlier in the day) but on the fax cover sheet for him to call me as soon as he picked them up so I knew he had them.  I also requested that if anything was missing to contact me immediately.  My fax report confirmed the fax went through successfully.

On Friday, 4/22/11 I didn’t get any calls from John. I called him just before 3:00 PM PST to find out if he got my fax. I had to leave a message and he never called back.  This was “Good Friday” so not knowing if he was working or if he had taken part of the day off, I’ll wait until Monday to try and contact him again. Although I did speak with him Thursday night it was my understanding he was picking up the fax Friday morning. You would think that he would mention if he was off Friday.

On 4/21/11 I received an answer to my letter to US Congressman Mike Thompson.  They will investigate and assist in my case as soon as I give them authorization and chronological dates of what I had done. I’m in the process of doing that now and will be sending that off this weekend.  Although some positive things seemed to have happened in the past few days I will not stop my fight. I’ve heard all of this stuff before only to be slapped in the face and I haven’t seen any real action yet!  I’m now paying a mortgage that has increased by over 32% because of an impound account created for a new loan that doesn’t even exist!  As far as I’m concerned Bank of Abusing America is still dragging their feet and stealing the American dream from consumers.  


We are Michael and Renee Fong





On March 30th, 2011 Josh Avery wrote:  Mr. Moynihan, Please allow me to address a serious concern regarding the personalexperiences I’m having with the company you oversee, sir. I made on time payments for years, even paying extra on several occasions. I have fallen behind on my mortgage and wish to do a home loan modification to bring my mortgage current . Back in January, on the 14th I requested through NACA to do a home loan modification. Since
that time I have not had a single response. I know you have great authority and have the power to encourage someone to review and answer via my NACA file. Please, please provide a solution as soon as possible. I’m so grateful for the help you are able to give.



On 04/24/11 deerslayer sent:  im contacting you,Because of what i belive has been illegal practices by several parties concerning my home loan,Which i have had in modifications since march of 2009,and as of this date has ended in the hands of freddie mac,i started in march 2009 with first universal lending as the ones handling the modification for me,I was told by them then,that it should be done in about 2 months,Or no more than 4
months.At that time I told them I couldnt afford to pay them and countrywide/Bank of America both.I was told then not to worry with the mortage payment that everything would roll over in the new modification.(to keep it short) This went on until Dec.2009 when out of the blue i was told they had to restructure.At that time I wrote then,gov.Charlie Christ he turned it over to then state attorney Bill Mccollum who got with the FTC and they seized and froze thier
assets.after 1st universal,Marucci law firm took it over in Jan. 2010.  I was told by them that the modification could settle by the end of Feb.2010 which it didnt happen.So i was told it was still in review with B/A home loans, that they would also stop foreclosure or sale of my home,which I believe they did one time in (April 2010),So i got a
letter from B/A home loans,that they set another sell date on July7,2010,Which we knew that Marucci law firm was still in control until July 6,2010 when they sent us a letter the day before the sell date,That they dropped us because they didnt get paid enough to continue,and that Cw/Ba home loans would notwork with them. needless to say July 7 we went to B/A our local branch who got in touch with the homes affordable program and started us with another modification with
them.(But,they also brought our note for $100.00 that same day.) Regardless, they continued on with what they said would be a new modification,Which drug out until about one month ago.around the end of march 2011 i checked with them in (march) twice.The first time they told me it was out of review and in quality control and that i should
be getting a trial payment letter soon,But to keep checking with them.so the next week i called them and they told me that i had been denied twice,And they no longer had my property that it was with freddie mac.I called them they said they did not work with individuals only lenders.(I thought Bank Of America was the lender).We still reside in it.  Nothing has
been sent to us about anything.we were never behind or late on our mortgage until we started the modification process in March 2009.  My wife and I are both disabled,and do not want to lose our home. We started this because with President Obamas stimulus monies were supposed to be given to B/A and others to help keep us in our home.This
did not happen.

I support John Wright vs. BofA lawsuit

On 04/27/11 Charles Gendrow wrote:  Whom It May Concern,  In a final attempt to retain our home, I am writing some letters in a hope to bring some attention to our situation. This has been an ongoing saga for over two years, with no help from our lender, Bank of America, or the Home Modification program.

     I am including within the text of this letter the hardship letters I was instructed to write, which outlines our situation. These letters were faxed, emailed and mailed to Bank of America, with no result. Again, these letters are included to outline our situation and illustrate our qualifications for the various home relief programs.

May 18, 2009

As previously instructed, I was told to write a hardship letter explaining our circumstances. I am sending the same letter basically, as the reasons remain the same. We have made some payments since this was originally written and will continue to do so, but with your help, we could become current and remain that way.

     In October of 2007, fuel prices rose dramatically across the country. I was accustomed to paying approximately $300 for a tank of fuel (which would last about 3 weeks) to heat our home. That winter, the cost for the same amount of fuel rose to just over $1,000. Slowly, this fuel cost increase of over 70% slowly caused us to slip behind on all of our bills and eventually our house payment. These fuel costs have continued (January ’09) and even though gas prices have fallen, heating costs have not.

     In October of 2008 I entered into an agreement with countrywide to a loan modification. While this brought us “up to date” on our house payment, it did nothing else to help us. Even though our account was “up to date,” we had still been reported late to the credit bureaus, though we had been told we would not. This modification raised our house payment when we had already been struggling.

     Over the next several months, our house payments have increased from the original $2,033 to $3,000 which includes some late fees. Also included is an escrow account we were never told about nor given the chance to work out a payment arrangement with the county for our taxes.

     Finally, I am writing this because we want to keep our home. We are willing to do whatever is reasonably necessary to continue with this mortgage, but we do need some help from Countrywide. Thank you. 

June 29, 2010

Robin Titus,

As previously instructed, I was told to write a hardship letter explaining our circumstances. I am updating these letters with our current situation.

     Over the last two years, I have suffered through a severe injury to my right wrist. In November of 2008 I had surgery on this wrist, a carpectomy, which allowed me to continue working. I did not notify Countrywide (now BOA) at the time, as I did not foresee the problem as a permanent disablement but a short-term injury. I returned to work approximately 5 weeks later.

     May 2, 2010 was my last day of work with Hanover Sheriff’s Office, as I went on FMLA due to problems with the same wrist. On May 6, 2010 I had a total wrist fusion of the right wrist, effectively ending my career with Hanover and in Law Enforcement. I am still on FMLA, pending my retirement in the coming month. I have attached the letter of my disability retirement from Virginia Retirement Services (VRS) which I just received yesterday.

     My pay will be reduced by approximately 1/3 each month. My retirement benefit will be approximately $2,093.40 a month. I can provide you with any other documentation that may be needed. 

June 21, 2010

Attn: Robin Titus

Fax#: 972-608-1147

     I was informed that you are the negotiator for our account. I was also told by BOA there is no direct phone number for you and the Home Retention people at BOA contact you by email. I am hoping you can call me at 804-366-5908 to discuss this account. Or, if you prefer email, ripandgrace@gmail.com will also work.

     In short, I am faxing the documents that BOA informed me you needed. I am also faxing the original hardship letter, the hardship letter I wrote this morning and one I wrote in May of 2009.

     I was told by the BOA representative that you requested these documents on the 18th. I never received any letters, phone calls, fax or emails regarding these items. I have listed my phone number, my email and now my fax number of 804-477-8704.Whom it may concern,  As previously instructed, I was told to write a hardship letter explaining out circumstances.

 I am updating these letters with our current situation.

     I am assuming Robin Titus is no longer working with us, as there was no name on the package I just received. This letter is just a follow up to previous letters I have sent to Countrywide & BOA.

     Now that I am into my retirement, with pay stubs included, my pay rate is around $1,410.00 a month. Once Social Security Disability makes a determination on my case, my VRS will either increase to $2,093.40 or SSDI will be added to my income. While my wife has changed employers, her pay rate has increased slightly (paystubs also included). Our income is sufficient to meet a modified mortgage rate however, as we have paid off a number of outstanding bills.

     I can provide you with any other documentation that may be needed.

Over the last month and a half, we have put our house up for sale, in the hope we can perform a deed-in-lieu of foreclosure, if the modification process does not work out. We are under no delusions that our house will sell. Like many homeowners, we have since learned the value of our home, which we purchased for $272,000.00, had dropped considerably and is now valued at about $140,000.00.

During this time, a representative from BOA finally contacted us, an Adam Ellsworth. He explained the modification process again, but instead of approximately 35% our income, our new loan would be based on almost 50% of our income. This would lower our house payment maybe $300. If we didn’t accept this minimal offer, there was nothing else BOA could do for us. Nor did Mr. Ellsworth return my latest calls. Not anything new there!!

Through no fault of our own (no medical condition can be foreseen), our income has dropped 50%. We need help and the money and assistance was made available by our government. Why is it impossible to get assistance? This has been dragging on for over two years, I have a stack of documentation over 3” thick of letters, proof of income, bank statements, etc. but nothing seems to help.

I hope to hear from someone soon,

Charles Gendrow


On 04/25/11 Ynez and Robert Schnaiter in Texas wrote: We are addressing this WRITTEN complaint (Please refer to the attached table document “Overview of BOA/BAC Complaint” which highlights the areas of complaint since March 2010) to the CEO and thank you Jeffrey
for being a Bank Of America (BOA) point-of-contact for us as you have undertaken to address our complaint – with the disclaimer that this is not an in-depth complaint as we are in the process of uncovering more issues as we dig deeper into researching our Mortgage Account and our Loan Modification application.  We can only complain about what we
know about as of today.

The pervasive problem is BOA deceptive trade practices which are often masked by miscommunication to mislead or coerce the customer, non-communication to deny customer : -requested information or blocking us from information which should be readily accessible to the customer (i.e. online banking) in order for us to be able to reconcile
records.  More disturbing is it appears our mortgage account has been fraudulently managed.

The second problem: Not having one person to address our complaints who will follow-up and seek resolution.  Our understanding is that the OCC last week reached a settlement with the major banks to provide this assistance and we have been asked to give feedback on this.

Now due to the continued delays at BOA’s end, 1st of May 2011 is fast approaching and we were given this deadline by BAC Home Loan Servicing to agree to or decline the “Trial Modification”.  We will not be bullied into making a decision when the BOA/BAC has denied us the right to information to make an informed choice.  We require speedy
action on the bank’s part to at least agree to:

1.    Allow us to continue making monthly payments to our mortgage
account: $1923.41 – we plan on making the payment on May 1st, 2011.
This is not acceptance of the “Trial Modification” due to the fact
that it has been uncovered that this is actually not a modification
but an insidious sneaky way to make the customer agree to a repayment
of arrears – which we dispute the arrears which BAC Home Loan
Servicing has recorded.

2.    To have Oscar Sicaja who is assigned for our modification
complaint to progress it to a complete modification, which we believe
should have been granted last year!!  Again, I’m unclear whether he is
an in-house modification person?  We do not want to be
discounted/disallowed from obtaining a modification and our rights
were violated when we were denied the NPV breakdown so we could
request a HAMP Review.  If he is going to be the decisionmaker, we
want him to be clear that we are requesting:
(a)   Interest Rate cut from 5.25% to a monthly principal/interest
payment of $1100 (which is what a BOA representative advised it would
be based on financials provided in March 2010).
(b)   Only the missed monthly payments (mortgage arrears) added to the
end of the loan.
(c)   Penalties cancelled due to BOA contributed to the prolonged
default by not modifying the loan due to mishandling of information
and deliberate action to profit from delaying modification.

3.   Removal of PMI – We believe BOA has conducted a revaluation of
our property on February 26, 2011 preparing to foreclose on our
property as $370 was charged to our mortgage account.  We request full
disclosure of the appraisal as it will show we have more than 20%
equity in our home.

As I pointed out in our telephone conversation, we (my husband and I)
are at our last straw with Bank Of America.  We have copiously
complained about the mishandling of our loan modification to many BOA
representatives, passed from Department to another in this
merry-go-round.  Attached is an overview table of the issues we have
with Bank Of America.  We would like all of these issues addressed,
but the most important ones are already mentioned herein.

We would appreciate a written response to the three points raised
herein by Friday, 29 April 2011.

I am contactable daily before 9am CST and after 4.30pm CST by calling

Ynez and Robert Schnaiter in Texas



On 05/02/11 Patricia Niklas wrote:  My name is Patricia Niklas and I am a B of A customer.Loan #xxxxxxx  address xxxxxxxxxxxx.

I have been trying to work with B of A for 2 years to save my home ,to no avail. Back in 2009 I was out of a job, no child support and fighting cancer.I contacted B of A to let them know that I was having difficulty making my mortgage  and that I needed their help. They told me that I was not late and that they could not help me .Really…… I wanted to keep my home but I had to be late or no payment at all to receive some help. Well now 2 years later trying to do the MHA Not receiving the paperwork for 3 months and losing my paperwork .Now one month to my for-closure date I received a person in charge of my case only she forgot to tell that she was my advocate.After talking to 12 different people at BOFA making sure all of my calls were documented I received a call from my advocate that if I didn’t call her back by the end of the day that she would drop my case and close the file.Really……. I did not know that she was my person… Not one on the 12 people that I spoke with told me that I had a specific person that I was supposed to deal with.Now with one week to my sell date I had too jump thru hoops to get my correct paperwork filed in time.I had been trying for 2 years to save my home and it all boils down to one week to get all of the right paperwork. Not to mention that now I don’t have a job and I did when I was trying to begin this process. I have filed a complaint with the OCC and am forwarding on the this letter to my senator Patty Murry.

OCC Case # 01537799 has been created.
This in not right on how I have been treated.I want to save my home.


Patricia Niklas


On 05/03/11 Margaret Clayton Klein wrote: Dear Mr. Moynihan, I am a very upset customer of Bank of America.  I have a home loan mortgage with your bank.  My loan number is xxxxxxx and my name is Margaret C. Klein. My address is xxxxxxx, Watkinsville, Georgia 30677, and my phone number is: xxx-xxx-xxxx.  When I heard about President Obama’s Making Home Affordable Program, I thought I was the perfect candidate because I have NEVER MISSED A PAYMENT, and I have never been late with a mortgage payment. However, my mortgage payment was taking all my money to make the house payment. I was unable to make the repairs the home needs because all my money was tied up with paying the mortgage and just living. I am a disabled, senior citizen. I have lived in this house for 32 years. It has been home to my six children, and now it is ” Grandma’s house” to my ten grandsons.

I had a mortgage with Countrywide Home Loans until you bought them out.  I had an interest only loan for five years and the note is coming due at the end of this month.  I owe $179,929.48 on the mortgage.  I will not be able to pay that off at the end of the month. When I got that horrible loan, I was told that I could refinance it within a year.  I never could because the payments were too high.

I had applied for the Making Home Affordable program back on April 6, 2009.  My client ID number with them is: xxxxxx   My mortgage holder at that time was Countrywide. I sent them information for the program that they requested by fax.  I sent everything two times. Countrywide said they never received the information I sent. I  became ill, and was unable to complete the process with Countrywide.

In 2011, I began the Home Loan Modification process again with Bank of America.  On Feb. 28, 2011, I faxed the forms to Bank of America that they had requested for the Home Loan Modification Program.  These forms included two years of my tax statements, two months of bank statements, a utility bill statement, Form 4506- T Request for Transcript of TaxReturn, A Hardship Affidavit, Freddie Mac Form 1126, Request for Modification, and Affidavit, copy of my divorce decree stating the amount and duration of my alimony, a copy of the most recent letter I have form the Social Security Administration stating the income I receive from them monthly, a completed and signed Dodd-Frank Certification Form.  I did not send anything about rental income because I have none.  I did not send any thing about a homeowners association because there is not one in my neighborhood.  I did not send a verification of employment because I am not employed.

I called to see if the forms had been received.  I was told they had not.

March 10, 2011: I again faxed all the requested forms to Bank of America.

March 21, 2011: I called and spoke to Heather. I asked her to contact Ashley Brown, the person I had been told was in charge of my case.  I was told Ashley Brown was busy with more difficult cases, and could not speak to me.  However, Heather said she would email Ashley and ask her to contact me within 72 hours. I never heard back from Ashley Brown.

March 31, 2011: Called again to check on status of my request. I was told I needed to send some forms in again.

April 1, 2011: Again faxed the requested forms to Bank of America.

April 5, 2011: Called to check on the status of my request for a home loan modification. Spoke to Jasmine. Cut off. Called back, and this time I spoke with Gina.  Asked Gina to contact Ashley Brown for me, and let her know I was concerned about my loan modification.

April 8, 2011: called and spoke to Erica.  I was calling to check status of my home loan modification.  I wanted to see if any more documents were needed. Erica said that Bank of America had received everything they needed and things should move forward.  I was delighted.  I also asked again to speak to Ashley Brown about my loan.  I was told, “Okay, hold on. There is no contact number for Ashley Brown.  I will put  in a notation so she will see that you would like her to contact you.”

April 13, 2011: I called and spoke to Nika.  Have not heard from Ashley Brown. I was transferred to Katie at 8774303411.  I asked about a Deed in Lieu of Payment. I was told I would be contacted. They said I would need two years of tax returns, my two most recent bank statements, a hardship statement, a list on monthly bills, pay stubs, or proof of income. Just trying to explore all my options. Really concerned about losing my house.

April 25, 2011: Received a letter from Bank of America saying I was not eligible for a Home Affordable Modification because,” You did not provide us with the documents we requested.”  I could not believe my eyes. How could they say that when I had sent everything in so promptly???

April 25, 2011: I called Rachel at the Making Home Affordable Program.  She took my original application back in 2009. Rachel took all my information once again, and she said I still qualified for the program. Rachel called Bank of America with me on the line.  It was a three way call.  We spoke to Paul in Florida. Paul said he could not let Rachel stay on the line while he talked to me.  She wanted to ask him to appeal the denial of the home modification.  Rachel hung up, and I talked to Paul.  He said he would make the appeal for me. I was to call 18006690102 in two days to check the status of the appeal.

April 27, 2011: Called number I had been given to check on status of my appeal.  I gave an automated voice my loan number, heard two loud beeps, and then Samantha was on the phone.  Samantha said she would check the status of  my appeal.  I was on hold. Samantha told me the system had been down, and to call back at the end of the week.

April 29, 2011: I called back and spoke to Simon.  “I am taking a look at everything. Was the appeal made on the 25th? We are not showing results yet. Call back on Tuesday.  Allow a little more time.”

May 2, 2011: I called back again to check status of my appeal.  Spoke to Niane.  There is no answer yet. Call back tomorrow.

May 3, 2011: Andres with Bank of America Home Loans called me.  He said he is my new person in charge of my loan.  I asked which office he was with and he said, ” The office of the President.” Therefore, I assume you know him, Mr. Moynihan.  I told Andres about my concern with the big note coming due.  I ask him to help me decide what is best for me to do.  He says he can not tell me that.  I told him about my appeal of the Making Home Affordable Program Loan Modification denial from Bank of America. Then, Andres tells me that Paul could not make the appeal for me.  He says I have to call 888-325-5399 to make the appeal myself.  Why did Paul tell me he would make the appeal for me if he could not do it?  Why didn’t any of the people I called to check on the status of the appeal tell me there had not been an appeal, if there was not one?  Andres said if I were denied an appeal, his department might be able to help me by lowering my interest rate and working with me. I decided to call and make a new appeal at the number Andres had given me.
I called 888-325-5399 and spoke to Ramon in the Home Modification Department.  Ramon said I did not submit everything I needed to send.  I told him to look in the computer at my file.  Everything is there. I told him on April 8, 2011 Erica had told me Bank of America had all the forms they needed from me. Ramon asked me about bank statements, and I told him I knew I had sent them.  He asked about utility statements, I gave him the same answer.  He said I needed to send three years of Social Security Statements.  I told him no one ever told me that before.  Why should I need that?  I am 68 years old. I had sent my most recent statement.  What on earth would three years of Social Security statements tell them?  If they needed that I could have sent it too….BUT NO ONE EVER REQUESTED THAT BEFORE.  I told Ramon I that I had sent everything to Bank of America in a timely fashion. I received a request for information on March 31, 2011.  I sent the information to them on April 1, 2011….the very next day…by fax to the number that they had provided. Ramon said that  he would ask his team about letting me make an appeal.  I was on hold.  Ramon returned to the phone and said that his team and denied me making the appeal.  I could not believe my ears.  How unjust.  I know that that young man knew that my information was in the system.  I know he must feel ashamed to tell an old lady that her appeal was denied for unjust reasons. I felt sorry for Ramon, and angry at the company that was making him do such a thing.  I think you need to know how your customers are being served.  Perhaps, this is the way they are trained. Perhaps, this is the way you want them to act. However, you must be aware that Bank of America has received funds from the Federal Government to try and help those people eligible for the Making Home Affordable Program, and I believe your bank should make every effort to help eligible applicants, not deny them with unjust statements.

I feel sick, sad, depressed, and angry. After the “SERVICE” I have experienced at Bank of America, I feel that I have been treated unfairly.  I do not feel Bank of America is trying to help the people that need help.  I believe that Bank of America is doing everything possible to make people give up trying to do the Home Loan Modification.  My personal experience tells me that BAnk of America does not want loan holders to be successful in loan modifications.   I think that it is possible that a fraud is being done to the Federal Government and to the American people by the actions of Bank of America.

I hope you will take my letter seriously. I hope you are interested in the experiences of one of your customers.


Margaret Clayton Klein



On 05/06/11 Joyce Bond wrote:  Message to Bank of America: I fell behind in my mortgage payments in October of last year. I couldn’t refinance because I was late one time in 35 years of house payments. I subsequently entered into the HAMP program (in December 2010) and supplied all of the required documents, often two and three times. Meanwhile, not wanting to lose my house, I tried to keep making payments by borrowing from relatives, cashing in an IRA, etc. Conveniently TWO DAYS before I was a month late on my April payment, I receive the denial letter stating that I was current, and that I had not documented a hardship. Well, when the papers were signed for the original loan my husband had a higher paying job, we had no children and we didn’t have to repay $35,000 in pension benefits that we erroneously received after he retired in 2008.

We now have less income, three-year-old triplets and insurmountable debt. Your staff stalled the review process for 4 months to see if we’d default on our loan. We’re not deadbeats, but we did need help.

Thanks, Bank of America. You haven’t helped one single bit. Mr. Andrew Santana, the person who had my file, has received a fax from Senator Peter Wirth, from New Mexico and neither he nor I have heard a word now that my loan modification was denied two days short of a month’s late payment.

How are you going to help us?

Joyce Bond


On 05/07/11 Kimkun Ky wrote: Dear Mr. Moynihan, I am writing to you to express my dissatisfaction with Bank of America.  My name is Kimkun Ky and Bank of America’s service both of my loans (1st loan xxxxx and 2nd loan xxxxxx).  The property address is xxx xxxxxx Ln, Dublin Ca 94568. For the past seventeen months, I have been getting the run around from different people at Bank of America on a modification plan for my loans.  On 4/13/2011, I was so relieved when I received a called from Melisa Juan, who is from your office stating that my file has been assign to a negotiator.  I had thought finally, I am getting some help and I will be able to save my home.

Then on 5/2/2011, I received a package stating that I had been eligible for a trial period plan on my 1st loan xxxxxx. To my surprised, my 2nd loan xxxxxx was not combined with my 1st loan.  For seventeen months I was told by your representatives that if my 1st loan was modified, my 2nd loan would also be combined in the modification with my 1st loan. When I spoke with Ms. Juan on 4/13/2011, she had also confirmed that both of my loans are being review for a possible modification plan.  Another surprise to me is the payment for my trial period plan on just my 1st loan, which is $2739.67/month, based on a 3.75% interest rate.  This is almost the same as my payment before the trial period plan and that is 40% of my monthly gross income.  I will continue to struggle to make the monthly payment on this amount.  Based on my income and the amount of my 1st and 2nd loans plus all my expense, I should have started with an interest rate that is lower than 3.75%.  I have been calling and have stressed to my negotiator, Richard Guido that I will continue to struggle to pay this new payment amount of $2739.67.  I had explained to Mr. Guido that I have two loans payments, $2739.67 is the payment on the trial period plan only on my 1st loan and it does not include my 2nd loan payment.  I also have other expenses such as food, utility bills, gas, insurance, student loan, etc.  Additionally, I have an elderly mother who also lives with me.  My mother has a medical condition; therefore, I need to support and take care of her.  I am on a single income; consequently, with all the expenses and the responsibility of taking care of my mother means more financial responsibilities on my shoulder.   I had explained to Mr. Guido my situation and I feel that he has not considered my condition to help me save my home.  Mr. Guido stressed that Bank of America loan modification program is designed to only help me temporarily.  I do not want to temporarily save my home; I would like to continue to stay in my home and able to continue to make the payment on time.  As CEO of Bank of America, I know you have the power to help customer save their home; therefore, I am asking you to have my loan modification be review again for a lower interest rate and a lower payment.  I want to be able to save my home, I am requesting for a permanent modification on both my 1st loan xxxxx and 2nd loan xxxxxxxx.  I am proposing to have the modified interest rate be reduce from 3.75% to 2%, and gradually increase to 4.25% until the maturity of the loan.I am one customer at a time. Kimkun KyI support John Wright vs. BofA Lawsuit!


On May 8th, 2011 wrote: Cathy Wilson Can you help me?  I am one customer at a time that BOA is trying to regain America’s trust.   I am a single mom with two young sons.  My only goal was to raise my two sons in our own home in the country.  Please do not take that dream away from me, Mr. Moynihan.

I have been in the loan modification process since summer of last year (BoA loan number xxxxxx.)  I have submitted additional information to BoA each time it has been requested.  BoA has admitted they failed to send me a letter on 03/21/11, requesting additional information.  Since I did not respond to a letter I never could or did receive, BoA sold my home back to itself on 4/20/11 for $90,884.95.  Now I am facing eviction even though BoA STILL claims I have a valid appeal to my loan medication process.  I checked with Adam in Florida and he stated there is nothing he can do.  How can this happen for only an arrears of $8,624.00!?

Fannie Mae wants to evict me – the lawyer from BoA has sent me demand to vacate papers.  When I call Fannie Mae, they say to call BoA.    Where does the buck stop?  Hopefully, with you.

This case would not be so extreme except for the fact that I sunk part of my IRA into my home, building a three car oversized garage,  a horse barn, and installing solar panels.  By investing this additional $80,000.00, this has made sure that I owe much less than the home and property are worth.  According to the Mesa County Assessor’s website, my property is valued at $208,040.00 and my loan value is $84,513.96 according to the BoA website today.

I think BoA sold my property pre maturely – I have faxed them, the lawyers involved, and even President Obama to have this unfair sale reversed.  So now, I am trying e mails to BoA and the Whitehouse.  Can you help me?  I am available to talk to you in person by cell (xxx) xxx-xxxx.

Thank you for any help you can give.

Cathy Wilson


On 05/09/11 Lawrence Daly wrote:  I AM ONE CUSTOMER AT A TIME my name is Lawrence  daly hello Mr moynihan , I’m  retired new York city police office that was injured in the line of duty so my career ended early .and I’m have had some financial problems since the accident  . I have been trying to get a loan mod for my house for the last year and half . I have been faxing mailing paper work emailing every thing that was request of me for over a year and half then I receive a fedex stating I was not eligible for a home mod because I did not sent the documents in time well that was anything from the truth. I have send the documents at least 5 times so than I call BOA then they tell me we have other programs . so I have been work with a Mr Thomas utha  from the bank of America for the past week and again I faxed all the paper work bank statements what ever this man ask me for I gave  .then today I get a call from Mr utha stating that he cant help me because I’m not behind in my mortgage payments and I make to much income . that the investor will not grant the loan . I waiting a year and a half for this. what  kind of answer was that my family has been stress out for all this time what kind of people do you have working for you .I ask for help.Im  trying to pay my mortgage missing other bills to pay you and the answer I got was I’m not late you make to much .they even gave me a loan number xxxxxxxx .   thank you BOA . I would never treated the people of new York city like you treated me.                                       

thanks for helping me


On 05/13/11 Erin Lewis wrote:  Thank you for taking the time to read this email.   I am so frustrated with trying to accomplish anything with your company. Since mid 2009, we have been trying to keep our home. We have been calling, applying, faxing, and emailing at least once a month trying to work it out so that we can stay in our home. We tried refinancing…applied for the Making homes affordable program, was denied since our default was not imminent….appealed, declined due to lack of hardship….and now have re-applied 3 months later and now 6 months behind….with no results.   My husband changed jobs decreasing his income. I lost my full-time job, and now my part-time job income is greatly reduced. We had borrowed from family to keep current and now that we are in default with a foreclosure hanging over our heads, we are in panic mode.   I do not get a consistent answer from the agents when I call for help. The terms “in review” have been nagging us for far too long now.   All we want to do is work with you guys in order to stay in our home.   Please respond!  

Thank you…  


Erin Lewis


On 05/13/11 Kelly & Carollene Cagle wrote: Complaint:  First it was Countrywide that constantly lost modification paperwork and then it was turned over to BOA who did the same thing over and over.  Thanks to BOA we have lost our home and the land attached to my family’s property.

We along with our attorney fought long and hard to save our beautiful country home, but unfortunately we LOST the long drawn out battle! BOA constantly stated modification requests were being reviewed and our calls were passed on from one department to another, and nothing was ever done! While our modification was in process the BOA attorneys foreclosed on us and the people at BOA that was handling the modification paperwork did not have any documentation of the foreclosure. Once again no one knew what the other was doing and we were left out in the cold.  Our hand was forced to file Bankruptcy and we had no choice but to give up our home thanks to BOA. Even after we completed the Bankruptcy the modification department called us constantly saying they were working on our modification and needed updated information as far as income and etc. Are you serious we have done this more times than I can count, but BOA continued to ignore it. Next thing we knew we received paperwork from BOA stating our modification could not be approved because we NO longer lived on the property. What ignorance this showed on BOA’s behalf!!! Because of BOA and their great attorneys we were forced to leave our property so how the heck could we still live on the property?????

I pray that BOA gets what they deserve for not helping home owners like us !!!


On 05/18/11 Kevin and Genelle Atkinson wrote:  Mr Moynihan I am writing you because I have been trying to get my loan modified for over 1 year. I have sent in numerous “packets” of our tax returns, income,etc. In September my house was foreclosed on and reinstated after I sent you an email. I have called and called and was “transferred” to my “advocate” that has never returned my calls. In March I received another “packet” I returned with all the information again. Today I receive a certified letter stating your going to foreclose on my house on June 7th. Can you please help me? I have done all you asked and have called numerous times. What do I need to do to save my house? We have no equity and would like to continue to live here. Any assistance would be greatly appreciated.

Kevin and Genelle Atkinson

loan#xxxxxxx daytime phone xxx-xxx-xxxx


On 05/19/11 Genelle Atkinson wrote: Mr. Moynihan, After writing you yesterday and calling today I still have not had any contact with BOA. As I wrote you yesterday I have been trying to get my loan modified for over 1 year! I have sent in numerous “packets” and have never received a reply. Yesterday I received a foreclosure letter for sale date of June7th. Can you please help me? I do not know else to do? Today I visited a bankruptcy lawyer to ask options about foreclosure. That is not a route I want to take but I will if needed. Again can you please help me get off the “merry go round”? All I want is to start over and if that means continuing at my current payment I will but I need to speak to someone to do that.  I hope someone will help me get this resolved.

Genelle Atkinson


On 05/22/11 Sylvia Herrera wrote:  Brian, just got a phone call from my negotiator, she gave me very little hope in getting a modification. I’m asking for a mod, but she informed me that because I had not made 12 full payments on a previous modification, I might not be able to qualify, that there is only a slim chance.  I informed her that people were given a 3 mo trial, and I made 7 mos before I went on disability.  Robin informed me that because of my income change there is only one option for re-opening the MHA process.  Brian, please check into this and make this process work for me.  As I said in a previous email to you, I know you are a very busy man, but please, one moment of your time to call the negotiator on my be-half.


Negotiator:   Robin Dent  1-877-345-6431  ext 25616

Borrower:     Sylvia Herrera



On 05/25/11 Katherine wrote: Can you please get this to Brian T Moynihan or anyone who can help me?  I am desperate for help from anyone. Please. Maybe if you put this out Mr Moynihan will see it.  This is URGENT


   I have been  trying to get a MHA modification for nearly two years.BAC told me not to make a payment on the house while they were determining eligibility for the mod or it would disqualify me from the program. I called every two weeks to check on the modification as I was told to.  I received sometimes 6 fedex pkgs a week asking for docs.  I sent documents in at least 35 times over and over as they requested.  I recently found out that they were starting foreclosure proceedings by accident when I called in my regular two wks period as they requested.  They have been adding interest and fees over the two years, my house note was $155k and now they say the payoff is $186k. They also put lender placed insurance on my home without telling me and forced me to take it or they said they would foreclose for not paying the escrow lender placed insurance.  As a result, I could have bought my own coverage for the contents too. When  had bad wind damage last year, I lost my bedroom furniture, clothing, accessories in the damage that wasn’t covered and now I sleep on a futon.   I had wind damage a year ago and BAC paid a contractor before the work was done. He took the money and did not do the repairs.  I had to use my own money to repair everything.   I submitted all the receipts but they would not pay me back.   Once I told them the house was repaired they delayed me again saying the house never qualified for MHA from the beginning and I was being  foreclosed on.  I found this out by accident and I put 12k of my own money on top of the insurance money into the house to get it fixed. Now they say they won’t reimburse me because it is in foreclosure.  I have never been notified in writing of any foreclosure and they even have a sale date of July5, 2011.  I Have an appt with a lawyer to file personal bankruptcy this Friday. Please help me!   Is there anything you can do for me? I am sick over this.  They denied the MHA saying I didn’t qualify after two years. I have a job,   I just wanted to lower my payments  forgive the interest that Country Wide and BOFA taked onand I will be able to keep my home in this economy.     I am 61, I put so much into this home and I just cannot lose it!! 


Thank you,



Katherine Swidan



On 05/25/11 David Marquez wrote:  Dear Mr. Moynihan, I am writing in an attempt to get ANYONE at Bank of America to listen! I have been involved in the Making Home Affordable program since March of 2010 and I’m still hearing phrases such as:

“You’re file is still under review”

” You’re file has been re-submitted to the underwriters department, but no one is assigned at this time”

“We can’t tell you the name of anyone who is working on your case”

“We don’t actually have the documentation in front of us”

At the start of the process, back in March of 2010, I was qualified for the program and began making my first trail payments in April. I made all of my payments on time and submitted all of the requested documentation, hardship letters and forms. I then began the waiting game and began to call in the service center periodically. I was told time and time again to continue making my trial payments even after the three month trail period coupons had expired. Again, I waited and waited all the way up until DECEMBER of 2010 only to be told that I had been denied from the program because of a one time balance in my checking account in FEBRUARY of that year. I immediately requested a supervisor, explained to him that this brief balance was in no way reflected through the rest of the year and then, at his request, submitted UPDATED financial statements that represented the rest of the year and showed the actual amounts that have been in my checking account month to month. He assisted me in filing an appeal, which was FINALLY granted in March of 2011, and now I am right back where I started: waiting AGAIN to find out if I qualify to begin making trial payments while at the same time being told that (as of today) NO ONE has been assigned to look at my case yet!!!

I am a career fireman and, like many other workers, my department has levied extreme measures against personnel and has even began closing fire stations! I have seen a significant reduction in personal income in the past (now) 18 months while at the same time experiencing a rise in personal expenses. I am not looking for a hand out but I’m simply asking for someone to HELP me through a program that I’ve been stuck in for over a year now! I DO NOT want to lose my home! I DO NOT want my son to lose the roof over his head! I am a hard worker and I’m very willing to work with any case worker who is assigned my file, but NO ONE has contacted me and I feel that I am simply a number to this company! Does anyone at this company care about the individual trying to stay in his home??? Again, I’ve grown weary of what has been an endless stream of customer service representatives who tell me simply to call back later! Moreover, the longer the process has dragged on, the higher the unpaid balance becomes and the more late fees I’m forced to pay!



David Marquez


On 05/26/11 Teresa Hoven  wrote:  Dear Sir:     I am tired of fighting with your company to get my home modification loan….which your staff told me I qualified for and that I had, in Jan. of 2010.    I was further told by your staff, that my new lower payments would start April 2010, and not to make the 4 preceding payments.  When April rolled around, I could not get an answer about my lower mortgage rate or lower payments even though I had faxed all required documentation.  (I have copies of this).   I then started to make the old, higher payments, then I find out that my payments WERE NOT BEING APPLIED TO MY MORTGAGE!!!!!  Then that was another 3 to 4 hour phone call to get the payments applied properly.  The next thing I have to fix is the payments are raised by $24.95 each month yet I have no notification of why my rate was raised, or how this raise is justified by BAC!    I called and begged for 8 months for the packette and was told repeatedly that it was on the way.  I got it in October of 2010 and had 3, yes that is right, 3 days to get all the required paperwork together and sent back, when I was told I would have 30 days.  I then call BAC to get a few more days, I get shipped to Puerto Rico, and they don’t know that Columbus Day is a holiday in the States.  GREAT!  I have to try and explain to a person, who doesn’t speak ENGLISH, what I am calling about.   I am tired of all the run around….and will be joining any and all lawsuits that I can…..Now I see where you guys are going to sell my mortgage, to another one of your companies.  I have had enough of BAC and CW!!!!

This is FRAUD, pure and simple.  

I am one customer at a time  

Teresa Hoven









On 05/27/11 Elizabeth Streed wrote: Dear Mr. Brian Moynihan, I wanted to personally send you a copy of my complaint I just filed on your website form (https://www3.bankofamerica.com/contact/?lob=general&contact_returnto=&state=VA) regarding the treatment I am receiving while struggling through a sham of a loan modification process.  The form is attached in PDF format. The content is as follows:

I am filing a complaint with Bank of America regarding the loan modification process. I applied for my loan modification back in November 2010. I sent in a complete packet and was told on the phone when checking on it that all items were there and my modification was being sent to underwriting. My records are rather lengthy from the number of calls and items sent in. I can include in a future letter. For now, I just wanted to make note that I have been getting the run around time and time again since I was told at the end of January, 2011 that my first fax of many, was received and no further items needed. Since then, I have supplied the Dodd-Frank forms 4 more times by fax, email, and the B of A supplied Fed Ex envelopes. I have sent in my bankruptcy discharge paperwork 2 more times. I was told on a recent phone call I will likely need to supply bank documentation again because of the length of time since I submitted other paperwork. The most recent debacle was your letter  stating “You are not eligible for a Home Affordable Modification because you did not provide us with the documents requested…”

I spoke with Tawnya on May 23, 2011 that told me I had not sent in the Dodd-Frank paperwork within the time frame. I told her to look harder and maybe she would find one of the four recent submissions from me. In fact she did and stated she would file an appeal on my behalf. Today, May 27th, 2011, I called again to confirm and Lori told me as of May 26th I have a valid appeal. My information is again being sent to the loan modification team.  I presume it is Melvin Webb who has not returned my last phone call or my last two emails.  I am feeling as though this is the beginning of another “run-around” with Bank of America. Frankly I find it ridiculous and to the point of harassment. It seems Bank of America does not intend of ever getting to the loan modification.

I am wondering what it takes to get Bank of America to provide fair service to their customers without undue hardship and harassment?

I support John Wright vs. B of A lawsuit!

Elizabeth Streed


Update on 08/20/11: I was just updating you to the status of my so called modification since I followed your steps. Yes, I got a response and was assigned a “negotiator/underwriter” which switch two more times since then and now after almost 3 weeks of phone tag I am told I do not qualify for “Making Homes Affordable” because of NPV (Net Present Value). All they could say was my numbers don’t work but have yet to supply me anything in writing explaining just what exactly doesn’t work. I more than qualify and the underwriter (2 ago) told me that even. After several minutes of taking in circles about “NPV” I was told I could try and qualify for their in house modification at B of A. Okay, fine, do that…I am assigned another “negotiator” who actually called back only a couple hours later to tell me I don’t qualify for that either because I’m not 2 months late on my mortgage. I’ve already done bankruptcy, maxed out all lines of credit to stay current on this stupid house payment while waiting the last 10 months for B of A to complete this modification process. My home payment is about 75% of my income and variable rate. It’s only a matter of time before my payments are missed. They aren’t even willing to lock in a rate as they tell me they are losing money on my loan??? If I’ve never been late and I’m making full payments I told them what I thought of that…Anyhow, that’s the update. They say they are done with me and I can reapply but offer nothing as to how to qualify or help.

Thanks !

Elise Streed

On 06/01/11 Steve Ray wrote:  I am sending you this letter in response to our latest request for a loan modification that was denied again from your letter dated May 05, 2011.

First of all, I would not recommend your service to my worst enemy. We have been trying to get a loan modification for 2 ½ years now. We have done everything B of A has asked and sent all the information that was requested each time. I believe we have been turned done now 4 times. We were told twice that the information sent to B of A was lost or missing. Another reason was that the person that was handling our case left your company and no one else knew where the information went.

Back in January of this year we received a call from one of B of A representatives telling my Wife that the loan modification program was discontinued and we would be receiving via FED EX some information on 2 other programs that would be available to us and he was sure that we would definitely qualify for one of them. That never happened!

Then out of the blue, another representative from Bank of America called and left a message on our business phone that she needed some more information from us to see if we qualified for the loan modification that we originally where attempting to get.

Alma called and left her first message on 04/25/2011 at 2:25 PM and said that we have 72 hours to get her the information she had requested, which we did not know what information she wanted until my wife called customer service about 2 hours later because Alma did not leave that information in her message. The only thing Alma said was to call customer service at 800-669-0102. My wife call customer service and talked with a person named Andria which she told my wife what Alma wanted from us to proceed with the loan modification to determine if we were eligible and we had now 36 hours to do so from Alma’s notes that Andria was reading to my wife.

The next day, 04/26/2011 at 10:45 AM Alma left another message on the business phone number to make sure we received her message and call customer service for any questions and we now have 24 hours to get this information to her.

I know for a fact that there is 24 hours in a day, which would make 3 days 72 hours. How can Alma go from 72 hours to 36 hours to 24 hours in 20 hours and 20 minutes?

By now my wife was frustrated from Alma’s phone messages on the time remaining on getting all the information together, so I called and left a message that afternoon when I got home from work on 04/26/2011 to get some answers to some of our questions. Alma never called me back and then we received a letter from Bank of America, again stating that we do not qualify for the loan modification.

We run a construction business and had never given such poor customer service to any of our clients like we have been given by B of A.

Like everyone else who has been struggling to stay afloat during this economy we have still managed to stay current with our mortgage payments and was hoping that B of A would be able to restructure our mortgage loan to help us during this very difficult time. But it appears to us now that B of A does not care. After the run around the first attempt to modify our loan we wanted to have some kind of assurance that this second go around was not going to be more of the same, but it appears that it was because B of A representative that called us couldn’t even get the hours in a day correct.

So, in regards to B of A latest letter denying us the loan modification, again! Thank you for the non-help you gave us and we soon hope to be out your financial institutions clutches!

Loan # xxxxxxxx



Steven Ray


On 06/04/11 Scott Burge wrote: Hello, I just went through a divorce earlier this year, and am left paying for my Bank of America Mortgage by myself. I “attempted” to refinance my mortgage earlier this year through the “MAking Homes Affordable Plan” and all B of A Mortgage consultants said I qualified 100% for the plan even with my current loan to value. They ended up refunding my application fee, and would not allow me to refinance. They had my home appraised (their own appraiser) and it appraised for 60K less than an identical unit a month earlier.  Even with my low appraisal they assured me I still could get a refinance, but it was passed to another team across the state who declined my application due to Loan to value of my home in which I still qualified under the program.  I have excellent credit I might add. I’ll be seeking legal consultation, and will be escalating to the appropriate government officials to say Bank of America is not supporting the Making Homes affordable program for those in need. A complete fraud Bank of America is.

I support John Wright vs. BofA Lawsuit!”

Scott Burge


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  1. Lennox and Sylvia Weir says:

    Thank you John Wright for this website, it is helping so many of us, now we know that we are not alone in this
    and together we can win.

    Good Morning Mr. Brian Moynihan,

    Our names are Lennox and Sylvia Weir, we are asking you for help in looking into our case, account number xxxxxxxxx.

    We were led into believe that we had a Binding HAMP Home Modification contract for 40 years with a payment schedule as follows, the first 1-5 years 2.000%, the 6th year 3.000%, 7th year 4.000% and the last 8-40 years 4.625%

    We followed the contract page 2 of 6 section 3. The Modification. If my representations in Section 1 continue to be true in all material respects and all preconditions to the modification set forth in section 2 have been met, the Loan Documents will automatically become modified on the 1st day of September 2010 (the Modification Effective Date)

    Page 4 of 6 Section 4:B That this Agreement shall supersede the terms of any moddification, forbearance, Trail Period Plan or other agreement that I previously entered into with Lender.

    On Friday March the 11th 2011 we received Notice Of Intent To Accelerate on our mortgage, after participating in the Trial Home Modification Program from November 01/2009, our income has been reduced,we did our three months trial period and sent in our signed modification package on time.

    April 16 2010 We received a letter from BAC, we were told we needed dept counseling, and we complied.

    April 30 2010 We received a letter from BAC, we were told that they we missing some required documents or incorrect information.

    May 26 2010 we sent back all the required documents that they asked for

    June 02 2010 we received a package from BAC, your loan is not eligible for home affordable modification, we are currently reviewing your financial information to determine if there are other options available to you.

    July 17 2010 we received a FedEx package from BAC, you have been approved for a loan modification the Freddie Mac HAMP Backup modification, to accept the agreement sign and return by August 16 2010. we returned the signed package on August 07 2010, detailed results by FedEx Tracking number xxxxxx129453

    September 01, 2010 we started making our new mortgage payments of $792 63

    October 18, 2010 We received a letter from BAC requesting missing information, and that the file will be closed by October 23 2010

    October 20, 2010 I spoke to Jaclyn at the Home Retention Division 1-800-669-0102, I told her that I was giving a permanent HAMP modification and she said that she could not find the files.

    October 20, 2010 again I call back BAC and got Renee Williams collector #2 Lancaster CA. she found the permanent HAMP modification package. We were so happy with her that we asked her for her supervisor name. so that we could let him know that he has a valuable person working for him, his name is Mr White and his Fax # 661-951-2510

    October 20, 2010 again I called BAC Home retention Division 1-800-669-6076 to tell them that customer service division could see the documents in there computer, I spoke with Andre Freeman from the same department, he could not find them in his system so he asked me to fax them to Fax #1-877-804-4169.

    0ctober 22, 2010 I fax a copy of the HAMP Home Modification Package, detailed FedEx results tracking number 455938129453 to show when the bank received the original package and conformation numbers for New mortgage payments of $792.63 starting September 01 2010 confirmation #10913194 and October 01 2010 confirmation #11107080

    October 22, 2010 I called BAC and spoke to Customer service rep Marisol 1-888-325-5399,I asked her to again look for the HAMP modification agreement in her computer and she found them,I asked her to transfer me to the department that gave us the HAMP Modification agreement, I spoke to Jaclyn in that department who said that she saw the HAMP documents in the system.

    October 29, 2010 10:58 am I called Andre Freeman Left message for him on his phone that the customer service rep said that the HAMP approval modification agreement is in the system.

    October 29, 2010 03:07 pm I called Andre Freeman left message again.

    November 01, 2010 5:50 pm I called Andre Freeman left message again.

    November 02, 2010 10:45 am. I received a called from Andre Freemam, he told me to call 1-888-325-5399 and file an appeal for the HAMP modification with no explanation.

    November 03, 2010 I called 1-888-325-5399 and was giving a another number 1-877-804-4169 ext 38552 for Mr. Wright and a fax number 1-661-951-2510. I faxed the appeal letter for the HAMP Backup Modification Program and also a employee recognition letter for Renee Williams.

    December 2010 and January 2011 monthly mortgage payments were made and accepted.

    February 12, 2011 we called to make a payment and was told by Charo customer service rep 1-800-669-0102, that she can not understand whats going on with our files, all the documents are there, she made a search and found that the underwriter on our files is Andre Freeman, she sent a copy of her finding to her supervisor and a email to Andre Freeman

    February 12, 2011 12:50 pm Andre Freeman called us after he got the email from customer service rep Charo, we asked Andre if he was the underwriter on our files and he denied that he was, he said that his supervisor would give us a call within a couple of days or he would call back on Tuesday 15 2011. we never got that call.

    February 28, 2011 We received a FedEx package with a letter that was sent and dated June 02, 2010, with the same letter that we had received back on June 04 2010 with the same date saying that we were not eligible for the Home Affordable modification

    February 28, 2011 Andre Freeman call to say send him all document and information again he was going on vacation by the Friday.

    March 07, 2011 we started to received the call from the BAC for the full amount of back payments .

    March 09, we fax back 31 pages from a Bank of America to BAC Home Loans.

    March 09, 2011 BAC called to asked if I was going to make a payment of over $16000.00, we explained again that we had received the HAMP modification agreement for the next forty years, she looked in the computer and saw the agreement, she sent a copy to her supervisor.

    March 15 2011 we received a call from Eileen Pineda, that she would be our Advocate, gave us her phone number 800-669-2443 EXT 2773, and that our Negotiator would be Lizette Perez

    March 16 2011 we received a call from Lizette Perez. she said that she would honor our permanent HAMP modification agreement, she wants us to fax it to her.

    March 17 2011 we fax the back the permanent HAMP agreement.

    March 18 2011 Lizette call to say she received the fax, anyway she was going to e-mail another one so that we can sign and notarize it.

    March 21 2011 we email back the notarize document.

    March 22 2011 Letter from BAC Loans notice date 3-14-2011 IMPORTANT MESSAGE ABOUT YOUR HOME LOAN. we recently received your payment in the amount of $1423.40 (we never made a payment of $1423.40)

    March 23 2011 we sent a email to Lizette and a copy of the letter saying we can not accept credit for $1423.40 that we have not sent. can you please take care of this for us.

    March 27 2011 No reply as yet.

    I Am One Customer at a Time.

    Sincerely and Respectfully

    Lennox and Sylvia Weir


  2. Ronald Jenkins says:

    I have recorded, documented and sent certified letters to the tune of one or more a month to B of A regarding a loan modification for over a year. I have over 117 phone calls documented with multiple B of A employees. I have filed complaints with the DOJ, the Attorney General of Texas, the comptroller of the currency, the FDIC, and HUD with HUD going forward with my discrimination case due to the fact I am dealing with a disability. HUD violation # 321055 is the case and B of A surly perjured themselves in the response that was due last week. Karen Hill at Bank of America panicked and got off the phone when I told her I could prove they perjured themselves with my many recordings. I have them nailed for their insidious actions that support an apparent nefarious policy of placating any way possible to keep my loan modification from ever happening. I have performed in every area of effort as they have intentionally used demonstrative business practices to sabotage. I have an early recording where I would be getting an estimated payment in 30 days which never happened. I have them lying to me. I have them never returning call, discontinuing numbers and assigning me a new person to start the trip around the amusement park again. I am excellent at documentation and I have damages far beyond just getting the modification done which are related to my disability due to putting off a surgery several times due to the uncertainty. Let me know if my documentation can support your case or my testimony may help in this matter. You will find the documentation to be substantial and I am currently planning to send copies to the many government agencies who I filed my complaints which includes HUD. One big thing is that B of A kept putting a bankruptcy code on my file preventing anything from moving forward. I had this code removed about seven times and it kept returning and it is recorded. Their policy, as recorded it, is that you can not go forward with a modification so long as you are in Bankruptcy. More over they claim it is Freddie Mac’s policy recorded with three separate employees. Additionally, I filed many complaints of discrimination last year in June before collecting an additional year of evidence. I look forward to being the strong nail in their coffin.

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