United We Stand BofA Page 7

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Jason and Kelli wrote on 09/10/10: Hello Mr. Moynihan, I have been dealing with BOA since last November 23^rd on a loan modification. My loan number is xxxxxxxx and I was previously a Countrywide customer. I have NEVER in my life dealt with more ignorance throughout this entire process. I signed and filled out the paperwork and sent it in back in December. The new payments were to begin as of February 1^st 2010. I have never received the countersigned packet nor a call from my loan negotiator as promised. When I checked on the status of the modification close to Feb 1^st the status had been updated and it said that the modification would be completed in March. In March it had been updated to May. In the interim I have been calling and speaking to BOA representatives that have suggested that I not send in payments as the outstanding payments would be rolled into the loan modification. I have spoken to a few people that have suggested that it would be a good idea to save the money for the missed payments in the event that the modification was denied. They NEVER said that it was REQUIRED that I make these payments, just SUGGESTED. Now fast forward to current. I have a foreclosure sale date of September 21^st. I am told that I am 6 payments behind and the modification was valid as of February and I was REQUIRED to make these payments. I was not denied but my understanding now is that the completed modification is now invalid. I have been dealing with a gentleman named Kirk Cabazes at 818 251 7547 since September 2^nd. He has advised me that he is working with the closing department to amend the modification to include these payments so that we can move forward with the payments and avoid losing our home due to the incompetence of the customer service individuals that I have been working with. Mr. Cabazes has informed me that we are REQUIRED to pay late fees and attorney fees to cure the delinquency. I do not feel that it is fair that I pay these fees considering that I have not done anything wrong. As I read through all of the testimonies that are posted on Mr. Wright’s website I am amazed to hear my story almost word for word from so many other BOA customers. Mr. Moynihan, I have a 4 month old baby and I have been dealing with this issue the entire time I was pregnant and now for all 4 of her first months of life. I would like to feel some security that I am not going to lose our home to this. I just want to move on with our life and start making payments and NOT talk to BOA every day anymore. Please, please step in and help me get this issue resolved. Thank you in advance for your prompt attention to this matter.

I support the John Write vs. BofA Lawsuit. I will not tolerate the potentially illegal, fraudulent, irregular and abusive business practices of BANK OF America.

Jason and Kelli

Update 09/22/10 Kelli Harp wrote: Good morning Mr. Moynihan, I am sorry to be bugging you again with this but I don’t know what else to do. I spoke to Ms. Smith this morning and she is telling me that she is pressing harassment charges against my husband for his 18 “deplorable” voicemail messages. She is stating that she “did have good news for us BEFORE the messages” but now we are waiting for the assistant VP to call us back to chastise us for leaving the messages. Mr. Moynihan, this is not the way my husband and I conduct ourselves under typical circumstances but as you can gather these are extraordinary circumstances. This is our HOME. Please, please help us!!!!!!

As a side note, I find it deplorable that it takes 18 irate voicemails to get someone to answer their phone!!!!!

We ARE one customer at a time!!!!!

Kelli Pittala Harp

Update on 10/12/10 Kelly wrote Brian again : Hello again, Ms. Kingsley thank you for your call today.  I must first say that I am offended by your talking down to me as if I am stupid and don’t understand what is going on.  You repeatedly asked me what I want you to do for me.  Well Ms. Kingsley, as an officer of BOA I would like for you to stand by what your employees have told me.  I understand that “we are all only human” however I do not understand the incompetence that I have had to deal with for almost a year now.  I DO understand that I signed legal binding documents but I do not understand why I cannot trust information that was provided to me by your employees time and time again.  I know what I have been told but I have no way of proving it or having BOA do anything about it anyway.  Although you have addressed my concerns below on the phone I would appreciate if you would please do so in writing.  I feel this is the only way from this point on to prove anything that I have been told.  I realize now why this has not happened when I have previously asked.  As I stated before “if it isn’t in writing it didn’t happen.”  I told you that I would call you back at 2p but honestly I am not interested in talking about this anymore.  It is too upsetting to me to rehash this year long nightmare over and over every day.  From this point on I will  only correspond via email regarding this situation.

If you are interested in making me a satisfied customer and righting all of the wrong that BOA has done up to this point you will find a way to amend the loan modification to include these 8 payments so that we can get and stay current with our loan.  I know that this isn’t a fairytale request because around August 18^th I spoke to a manager Etta Fincher that told me that everything that I have been told was wrong and she was going to speak to “the powers that be” and make this happen.  She never called back or answered my calls or the emails that were sent to her by other team members.  On September 2^nd I spoke to “McEvans” a supervisor in the HRD department I believe and he advised that since the modification just completed in May we would only have to make up payments from that point forward.  On September 8^th I spoke to Kirk Cabezas in the HRD Collections department and he offered an option of amending the modification and rolling the payments back in but later came back and said that he could not do it.  At that time he also advised that he could not and BOA would not waive any of the fees.  On September 15^th I spoke to Demetrius and he advised that he could amend the modification and roll these payments back into the loan WITHOUT new financial information and it would all be completed and closed within 3 weeks.  At that time I declined because I didn’t want to start everything over but now I would like to exercise this option.  As we all know it was possible to waive the fees and I also am confident that if you WANT to you can amend my modification without having to start all over with the loan modification process again.  I have several additional examples of conversations stating similar information.  Since I am not a BOA employee and I do not have access to what they are looking at all I can do is trust that the information that YOUR employees give me is true and valid information.  I also have print outs from my online account from 3/26 and 4/23 stating that all collection activity had been suspended and the next steps were that a negotiator would be calling and I would receive a package in the mail.  None of this has happened.  At one point I was informed that there were two modifications being processed on this account.  I am starting to get the impression that this may have happened and that none of us are looking at the same information.  On 7/23 Renita in the MHA status department advised that the mod was in the underwriting process and could take 30-45 days to update.  She advised that at that point the delinquent payments would then be rolled into the loan.  It is all enough to make your head spin.  It is obvious that mistakes have been made during this process and there is always a way for BOA to fix them when it is to your benefit.  Now it is time to fix something that will benefit your customer and BOA in the long run.  I am not asking anyone to forgive these payments just to do what I was told would be done and roll them back into my loan.

 All I ask is that you or someone take the time to properly research this situation to see that what I am telling you happened.  If you would like for me to send you all of my notes that I started keeping as of July 9^th I would be happy to.  I thought I was doing the right thing all along by asking to speak to managers and supervisors but unfortunately it looks like what they told me was just as wrong as what a trainee could have told me.  Your prompt response is appreciated via email.

On 09/10/10 Milu DoCarmo wrote: Brian, I am emailing you again, because I was helped by an associate of your, Karen Lopez. Unfortunately, I am not able to get a hold of her anymore. She told me to call her with any questions. The last time I spoke to her was three weeks ago, she stated that my papers were in final review and I should be receiving a fed-ex package shortly. From then I have been calling her and emailing her to call me back because I have not received anything. Not only am I left in limbo, but every time I call the 1800 number to try to see the status, I get mixed answers…such as, it takes a long process for a loan modification, it’s almost a yr, understandably by all the reviews out there, there are a lot of people not happy with Bank of America. I also get told that I have to re-apply, or I get transferred from one department to another and then I also get hung up on. I don’t think this is good customer service.

If you could please have an associate to call me and help me with this ongoing issue. I do believe I qualify for the modification and I do not know why this is such a difficult process that would take a year!

Now I am getting harassed by the collections department because on unpaid monthly bills.

I have always been on time, and knowingly I applied end on last year because I knew I was going to go through financial difficulty, and thinking I would call in advance since it was well advertise on your website that I will be help if I know I will go through financial difficulties.

Again I am going back and forth between people and not being helped.

I am asking for HELP!

I support John Wright vs. BofA Lawsuit!

Thank You,

Milu DoCarmo

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On 09/12/10 Kyle Hagin wrote: Dear Brian, I am having the hardest time to get anything done with your home loan retention department. I have been given the run around more than twice. I really can not afford to continue to play this game of reapply or call this number I am not who you are supposed to deal with.

I need to talk with one person to deal with this. I have been forced into a home loan with your company. Your company has been given billions of dollars to assist people that are facing foreclosure. The numbers on your website all lead to the same department of people that are belligerent and genuinely do not care what happens to your loan.
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This website gives you a really nice perspective on how your department is working:
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http://www.complaintsboard.com/complaints/countrywide-home-loan-bank-of-america-c203906.html?sort=datea&page=7
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I really need help and hope that you can offer me a solution. Here is my story:
I lost my job in Tallahassee, FL in 2008 and I had to relocate to get a new job. I am a computer engineer and was easily able to find a job on west coast. I decided to keep my house and make the payments in addition to my new residence in san Francisco. At which time I put the house on the market. We didn’t have one interested person. So, we decided to keep it. I was current on my loan until march this year when I lost my job.
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As soon as I lost my job I called the mortgage assistance program. I was told that I would be sent an assistance package that had documents to be returned. I made it very clear that I was not living at the property and that they needed to ship it to my San Francisco address. I called back to find out why I did not receive it.

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They told me that they sent it to the other address and that they would send it to my new address. I called back again after waiting at least a week. This time they said that my application had been cancelled but I told them I still had not received the documents.
They told me to reapply. So I reapplied and they told me I was approved and would receive the package. Low and behold I never received the package again. I called back and they told me that I needed to reapply again. So, then I was told that I could access some of the info online. At which point I logged in and the website told me that BofA had received my workout information and that it would be available on sept 3. On Sept 3 i logged in and it asked to REAPPLY. So, I did and I have called today to see what I can do. The lady acted like it was very hopeless for me and that I dont live there so they cant help me. WHAT? I have been trying all this time and no one said you cant apply if you don’t live there.
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Now I have been waiting to long to get assistance. I would really like to get some assistance but not from that department. What can I do? This is really quite frustrating.

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I hope that you can offer me a solution.
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Sincerely,
Kyle Hagin

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On 09/12/10 APRIL FERNANDEZ wrote: MY COMPLAINT AGAINST BANK OF AMERICA IS THAT I WAS APPROVED FOR A LOAN MODIFATION AND NO ONE EVER FOLLOWED UP WITH ME OR SENT ME DOCUMENTS TO SIGN. I COMPLETED A 3 MONTH TRIAL PAYMENT PERIOD AND THEY TOLD ME NONE OF THEM WERE EVER RECEIVED. I SENT PROOF, I STAY IN CLOSE CONTACT, I HAVE DONE EVERYTHING I CAN IN GOOD FAITH TO GET A MODIFICATION ONLY TO BE DENIED WITHOUT AN EXPLAINATION. ONE MONTH A LOSS MITIGATION REP.TOLD ME I HAVE TOO MUCH SURPLUS AND THEN AFTER REAPPLYING WITH THE EXACT SAME FINANCIALS THEY TELL ME I WAS $57.00 SHORT. I HAVE APPLIED AT LEAST FIVE TIMES AND EVERY TIME THEY MANAGE TO CHANGE MY FINANCIALS. JUST RECEIVED A LETTER ASKING FOR ME TO AGREE TO A SHORT SALE OR DEED IN LIEU OF FORCLOSURE. THIS HAS BEEN GOING ON FOR ALMOST 2 YEARS.

I support John Wright vs. BofA Lawsuit

“I AM ONE CUSTOMER AT A TIME.”

APRIL FERNANDEZ

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On 09/12/10 Cynthia Wood wrote: Hello Mr. Moynihan, My name is Cynthia Wood. I have been a customer of BofA for several years with my mortgage, credit card, and in earlier times, checking account.

January of 2010 I was approved to be a part of the HMA trial program for 4 months. All requested paper work was submitted on time, along with monthly trial payments being made on time also. Let me preface this by letting you know I have “never” been late on my mortgage payments in the 11yrs I have lived in my home. I must also add that I lost my job during Oct, 2008 and still had not been late on my payments during the 14 months of unemployment, prior to the HMA trail period beginning.
Nevertheless, after sending the requested documents several times and making multiple calls to BofA, attempting to finding out the status of the modification (during and after the trial period), I was told to continue to make my trail payments, until I got a final decision from them. After 7 months of trial payments, I was sent a letter ( dated August 26, 2010) informing me I did not qualify for the program, (without reason) and I would need to pay up my outstanding balance to prevent my home from going into foreclosure! No other remedy given to myself, a BofA customer who has shown great integrity, without a job, who kept my end of the bargain. This was a slap in the face!

The turmoil this program has brought into my life! My credit has been crushed by this BofA program! Even though I made “all agreed payments on time!” I was being reported as delinquent to the credit bureau which has effect my credit score immensely. Now I am being threatened with foreclosure if I don’t come up with the delayed balance at one time to catch me up. Meanwhile late fees, has been added to a balance that is already staggering, when I am still unemployed!
Mr. Moynihan I am coming to you for help since I can’t seen to get straight answers, or directions from any of the representative that I speak to on the phone. If BAC is really about helping folks, please help me get out of this mess that your program had got me into without further delay! I look forward to hearing from you soon! My info is listed below.

I support John Wright vs. BofA Lawsuit!

Cynthia Wood

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Jill Gray wrote on 09/14/10: I have been battling Bank of America since November 2009 when I started this home loan modification. I was approved yet your company couldn’t locate the paperwork for 10 months. Oh, they magically found it on September 13, 2010, six days after they auctioned my house, which also 7 days prior to the sale date, I was told there was no foreclosure date set and to call next week for an update. Oh, you sold my house before I could get an update. Want to learn more? Contact me. I’d be glad to provide you with the timeline of my horrible nightmare. Whether you listen to me or not, whether you fix this or not, I will continue to fight this. Your staff admitted to their errors but will not take responsibility to correct them. Most people are fired for mistakes like this. I will continue this battle until you willingly correct your mistakes or you are forced to correct your mistakes, your choice.“I support John Wright vs. BofA Lawsuit!” Update on 10/06/10: I finally rec’d a return phone call today from The Office of the President of BAC today!  Yippee!  The lady informed me she was given my case because she received complaints that were reported to the CEO (by your information suggested) and the one that I filed with FTC (Federal Trade Commission).  And that may case has been escalated.  She stated she is going to spend the day reviewing my file and report back to me within 24 hours. Today just happens to be our moving day.  They had stated as of August 31, 2010 that they found the errors and we were not in foreclosure but they auctioned my house 8 days later anyway.Update on 10/07/10 Jill Wrote: I was supposed to be receiving a call back from the Office of the President of Bank of America by today.  I have called twice today and this Christy Bromavich has not returned my call.  Yet a few minutes ago I receive a phone call from a Sherray Parker with Bank of America in Texas stating she needed updated information from me.  I asked her why she needed this.  She said you want a home loan modification don’t you?  Oh My Gosh!!  I thought I was going to explode!  You sold my house and I am on my final days of moving out.  How DARE you ask me to go thru the loan modification AGAIN!  You need to fix your errors and make this disaster correct.  I HAVE done my home loan modification and was approved and have a signed contract. BAC screwed up the paperwork.  I am not going to re-apply for the 5th or 6th time.  You pull my file and see that you fraudulenty took my house.  I am going to file yet another complaint with the Texas Attorney General and the FTC.  If I have a nervous breakdown, it is all on your shoulders.  How dare you try to play games with me.    Update on 12/20/10 Jill Gray:  Cathy Talarico from BofA Office of the President called me today. Boy does she have my blood boiling! I went off on her. She stated that since I am no longer in the house, case is resolved. Shows I have no interest in the house. I explained to her that BofA attorneys told me I had 2 options- move with moving assistance or wait for eviction and come home to my stuff being set at the curb one day. I said that is why I am gone and this happened AFTER they auctioned my house. She also explained that during the modification process, if you make payments they will not be posted to your account as a payment. They are placed into a partial account that just sets there. So if you make payments, like I tried, and they “lose” the paperwork and cancel your modification, they auction your house because it doesn’t show on their ledger that you made payments. When in fact you did, they just posted it somewhere else. Sounds illegal to me. She is going to check to see who stated they contacted me on March 3rd & March 5th about missing paperwork because I did not know about it until May and if it was missing, why did they take my payments in March & April? She is also looking to see why on August 2nd I was told I needed to pay $2442 to get caught up until 9/1/10 and was given until August 20th to pay it but when I called that day, the payment went from $2442 to $10, 850! $8,000 increase in 18 days!!!!!!!! She is to contact me within 48 hours so I’m going to get a phone recorder tonight to record the conversation. Also, they sent some letter on October 29, 2010 to an address listed as 4400 Ashee Dr. Never heard of that and she can’t explain how that address got posted. She kept back peddling during the conversation and stumbling over the words and wouldn’t give me direct answers so I told her she is sounding like Stuttering Stuart and boy did she get silent on that one! She knew exactly what I meant. I was so furious. She just doesn’t understand that had they accepted my payments during modification that I would not have been behind. I don’t see why they can’t understand this. I told her had I run a business like that I would be in prison. My blood is still boiling!       Update on 12/20/10 Jill: I have filed several complaints with you over the past few months about my house loan with Bank of America. They auctioned it 9/7/10. I’ve been told since then that they are working to do a foreclosure rollback, which now they say is to rescind the decision. I rec’d a call today from Cathy Talarico from Bank of America’s Office of the President. She said that since I chose the moving assistance rather than being evicted and having my belongings set at the curb while I’m at work that the case is resolved. I said no it is not resolved. I tried over and over to explain to her that had they not refused my payments I would not have been behind. What can I do? I tried to make payments but they wouldn’t take them, so they took my house instead. She explained that during the modification process, any payments that you make are not posted to your loan, they are posted to a partial account and just sets there. This seems very wrong to me. Why not post to my loan like a payment? I know you were sent a copy of the ledger and it shows that they posted it as a “misc” entry. So pretty much they just took my money. She is now checking into records on dates that she said Bank of America tried to contact me for more information in March. I always called back whenever I rec’d a message from them or a letter in the mail. I also told her that on 8/2/10 I called about a notice I rec’d on 7/31/10 and was told that to bring my account current until 9/1/10 would be $2442. I asked if I could pay that on 8/2010 and was told I could. When I called on 8/20/10 to make the payment they then informed me I owed $10,850! How can it go up over $8,000 in 18 days???? Something is seriously wrong. I hear about other state Attorney Generals standing up for the American citizens but I have not heard what Texas is doing, if anything. Can you please help me? I know what they have done is deceptive and illegal. How can they be allowed to continue to lead on homeowners like this and get away with it. If you had to personally experience this nightmare I feel you would be doing something about it. I can explain the entire situation to you if you want more details. They flat out lie to you. I actually was idiotic enough to believe that what Bank of America was telling me was actually what was going on. I did everything I was instructed to do and they did nothing they said they were doing. Please, please help. Please don’t allow them to deceive people like this. Make them responsible for their actions and correct their mistakes like they have previously told me they would do. They act like conartists.

On 09/20/10 Jennifer Kucenski wrote: Dear Mr. Moynihan, I have obtained your email address from the internet and am writing to you regarding Bank of America’s Home Modification Loan Program. I realize that you are a busy man and have more important business issues to attent to, but I feel that my small piece of business is just as important as your next million dollar deal.I am completely aware that your yearly salary includes alot more zeros than I could every imagine mine including and therefore you probably do not wished to be bothered with such ridiculousness in your eyes, but I will continue, regardless. As I work hard everyday for my family and am very proud of that.I am 37, married, and have two children. I have been dealing with this so-called Home Modification Program Bank of America offers since August of 2009. My husband was layed off due to the economy and we felt this could be the perfect program for us to ensure we stay in our home. Were we behind on payments, you may ask? Absolutely not! Due to the state of the economy and lack of employment for my husband, we felt this was the best way to ensure we could CONTINUE making our payments in a timely manner and never worry about being at risk for foreclosure. Boy, was I WRONG! This has been the most absolutely painful experience I have ever had in my life. And I have bore 2 children!Here is the quick history: Paperwork for this “modification” was completed in 8/2009. The trial period was completed in 12/2009. Bank of America assumed our loan in 3/2010. We faxed in paperwork over the course of this 6-7 months to both the previous lender and BOA, but, of course, all the paperwork mysteriously disappeared. Therefore, we started ALL OVER AGAIN. We have been paying the trial period amount since September 2009. Now, each time we call your establishment for help, it seems NO ONE can help us. I have spent countless hours with customer service reps from every department in this God for saken company. I have spoken to representatives at times that I couldn’t understand a word they were saying. Tonight, alone, I was transferred 6 times, was on the phone for 1 hour, and then hung up on! No one can explain the modification loan. No one can give exact numbers for the modification. I have asked to speak to managers and been told there aren’t any managers. I think my favorite was the rep told me the manager is in another state! Classic. I have been given up to 5 different phone numbers to call which all seem to go back to the same department.Bank of America’s idea of helping me “keep” my home that I have lived in and made payments RELIGIOULSY for the last 13 years is reducing my loan by a WHOPPING $20 and dropping my interest rate by 1%. My goodness, thank you for all the hell you put me through because that is a HUGE savings!! Are you serious? I receive the final papers to start the new modification on 9-17-10 and must have them signed, dated, and back by 9-24-10. Thanks for giving me 6 days to review YOUR paperwork when I gave you a year to reveiw MY paperwork. To boot, I can’t even get anyone to ANSWER A QUESTION!!! So, truth be told, I didn’t get to review anything. But, it was verified if I don’t sign the paperwork, I have to PAYBACK the difference plus late charges and any other fee that can be tacked on. Customer service can’t answer questions but can sure tell me how I’ve been screwed in this whole process! What exact is being done to help ensure that I’m keeping my home? A $20 reduction in the payment.So, Mr. Moynihan, I give Bank of America a big THANK YOU for making this the WORST experience ever and for backing me into a corner……I’ve paid on this house for 13 years and now am in a position to decide, do I sign/date the paperwork that saves me NOTHING and puts me back at square one? or do I not sign the paperwork and have to owe the money regardless?This situation has been sent to you in short story form. I’m sure the long version would entertain you and the rest of the money-making millionaires in your office. I am just trying to work to take care of my family and ensure they have all they need in life. This program has taken some of that away. It’s a complete joke and insult on my intellegence, to say the least. I’m sure, though, my fellow Americans and Congressman will be greatly interested in what I have to say. That’s why I’ve decided to send copies of this email, future letters, and phone calls to ensure that everyone I know and anyone interested realizes this is a complete fraud.In closing, I think and feel that BOA needs to seriously rethink thier home modification program, customer service training, and focus more on customer satisfaction, as I am one UNSATISFIED customer. And browsing thru the internet, it doesn’t look like I stand alone.Thanks for not helping with my mortgage during a time of need! Your company’s lack of help was very appreciated!Jennifer Kucenski Mother, Wife, Full-Time EmployeeI support John Wright vs. BofA Lawsuit!

On 09/21/10 Jill wrote John Wright: I’ve attached a letter I rec’d yesterday from Bank of America. I wanted to share it because it just proves they don’t try. I emailed the CEO as noted on your blog on Sept 13, 2010. Yesterday I rec’d a letter dated Sept 16, 2010 from Rhea Smith, Customer Advocate. She stated that her attempts to contact me were unsuccessful. Funny thing is, the only contact she had from my email was my email address and I never received an email from ANYONE at Bank of America. The email was rec’d on 9/13 so 3 days later they gave up. They could have pulled my files and used a phone but they didn’t. So I’m not sure if they used the old soup can and string to contact me but I’ve never rec’d anything from them regarding my email. You can see by the attachment that the original letter had other writing on it so it appears they are not very professional with their mailings. To say the least, I had a good laugh from this letter..

On 09/21/10 Jill wrote John Wright again: The response I rec’d in the mail is hilarious. Rhea Smith stated she attempted to contact me. How? By email? I have never rec’d an email from Bank of America. No one ever left a message by phone. I just rec’d a letter stating they tried to contact me but were unsuccessful so they gave up within 2 days. By the way, as you can see in the attachment, the letter had ink from another letter all over it. That shows me the same pride and care you take in your customers, a mess. The letter stated Bank of America will review every option in an effort to assist me. That is such a crock! Your home retention staff, that I have been directed to contact, again, knows errors were made and admitted errors were made but refuse to correct them. I have lost my battle with Bank of America but this is not the last you will hear from me. I am sharing my story with anyone and everyone I come into contact with. I have sent this to people from my friends/neighbors all the way to the White House. Someone, somewhere will notice that Bank of America has something horribly wrong going on. And thank your employees for laughing during their training at people like me. I will never do business with Bank of America and so far many of my friends, family and co-workers are canceling their accounts with Bank of America.-Jill Gray .

On 09/21/10 Jill wrote John Wright again: I just want to thank you for sharing your experience and information with the rest of us. It has given me the strength to fight back as well. I may have lost my house but I’m not giving up. I will continue to share this information from my own experience with Bank of America. I truly feel they need to change their name to Bank of Communists, that better suits them. My name is Jill and I am FIGHTING BACK!!- Jill Gray

On 08/14/10 Angela Orellana wrote: Brian Moynihan, I need your help. My name is Angela Orellana I tried to modify our mortgage in February 2010. I was on a three month trial period with reduced payments from Home Loans Affordables. I paid on time. After the trial period I made regular mortgage payments as requested on mortgage statements. In July I received a letter stating that the modification was not approved. I was told by your customer service representative over the phone that they would appeal it. I received a letter of foreclosure in August. The letter states that we can short sell the house, give it to BAC or pay 7,050.54 or it will go in foreclosure September 25, 2010. Since then my husband, daughter and I have been trying to get help from BAC. No one can help us. The only solution is paying this outrageous amount. If we had that kind of money we would have never tried your loan modification. We have paid as much as we can this month close to 4,000.00. We have been left with no money for food and an enormous amount of stress. When my daughter spoke to BAC representative yesterday to request payment history paperwork Patricia the CSR was able to find our July payments over 1,700.00 that was missing credited to someone else loan. This has now been credited to our account. I need you to explain to me how such a reputable company at least that’s what I thought of B.O.A., can give their clients such a round around. We spent over four hours yesterday trying to find a solution. We were told the modification was denied due to payments not being made on time during trial period. I have confirmation numbers for the payment and I bank with Bank of America and can show proof with my statements. The CSR also said she saw the appeal in July but for some odd reason it was closed. I have been taking notes of everyone I talk to and times. I also went in person to our local branch and had an investigation open last week. Somehow in the process of trying to modify my loan to make our payments lower we find ourselves the victim of what seems like a scam. We spent four hours yesterday on the phone talked to six different people from BAC and this does not include all the other times we have called and walked in the bank for help. I thought BAC was here to help us not confuse us and take our homes away in a very sneaky way. This is happening to fast. My daughter was told yesterday we cannot contact the CEO for complaints. As we can’t sleep we have done our own research online and obtained your email. We have read about so many similar cases. I came across John Wright vs. B of A Lawsuit and support it!

I do not understand what has happened why I am being given the run around why BAC is not helping me. I am always being transferred to a different department and get different information regarding our home loan. I can’t get anyone to help me with this foreclosure the only solution is pay the amount, short sell or give the house to BAC.

We have lived in our house since 1993. My intent is not to lose my house. Since BAC took over the mortgage from Countrywide my payments fluctuate each month. My payments have increased by over 800.00 a month. When we had countrywide I used to make a greater mortgage payment than the statement required. I don’t understand where the change happened in the process of BAC taking over. Please do not take our home away. We need your help. I made all the trial payments on time and other monthly payments too.

Sincerely and extremely stressed client,

” I AM ONE CUSTOMER AT A TIME”

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On 09/16/10 Jessica Tate Henderson wrote: Dear Mr. Moynihan, My name is Jessica Tate Henderson and my husband is Parker Jay Henderson. For over a year now, we have been trying to get our Bank of America loan (BAC) modified. The experience has been horrible and absolutely ridiculous. You can be certain our friends, family members, and co-workers have heard the treatment by your bank. We are sick of the treatment and turn overs and hang ups by your bank. We are getting nowhere. Our credit is ruined by your bank and the waiting. I For months I sent the SAME required paper work by fax, mail, and tracking number to your bank(subsidaries). Finally, after at least the fifteenth time, they received it. Although, by my tracking number they already had. I have been lied to and pushed aside. I’m sick of getting nowhere. For years, we made our payments on time twice a month and then to be treated like this. We will take further action if we are not given our modification soon. One year??? Hello, what does it take?? I have done my part over and over. Never again will we do business with your bank. This goes for everyone we can spread the word to. My number is xxx-xxx-xxx. We live at xxxx Road, Edmond, Ok 73003. Our old account number is xxxxxxxx. The new number starts with xxxx, but can’t remember the rest. We are making our trial payments; however according to your records and the credit bureaus, we are almost $3000 behind. Our creditors are dropping us left and right. We ask for your help on behalf of my husband and two infant children. We are drowning here!

On 09/16/10 Mr & Mrs. Terry Souther wrote: I am tired of getting the run around from bank of america I got a letter with intent to foreclose expires Sept.15, 2010.. I have called every week to check the status of my modification I was told it was in underwriting, would take 90 to 120 days. they told me this for 4 weeks, then I call there isn’t a update on my account it is waiting to be viewed by underwriting, they can’t tell me anything else. I don’t want to loose my home My husband had to emergency surgery and I am disable as is our son. my husband was our man source of income. I have sent proof of that too, Can you help US xxx-xxx-xxxx address is : xxxxxl Ga 30755 our account name Terry & Sandura Souther Sincerly Mr & Mrs. Terry Souther

On 09/16/10 Lyal T. Ward wrote: Mr. Moynihan, I am writing you this email as a last resort. On the week of August 23, 2010 I called Bank Of America in regards to a loan being turned down due to a credit report that stated that my second mortgage was six months behind. After looking into the issue, the service representative told that the payments had accidentally been coded for a loan modification. This was then “corrected” and submitted for approval. I asked if I could get a letter on Bank Of America’s letter head explaining the this was a mistake and that it was being corrected so that I could proceed with getting my loan. The person indicated that they wouldn’t be able to do this until the request was approved and that I would see something in the mail by September 3, 2010.On September 10, 2010 I called back to find out the status of the request and was told that it had not been processed. There was no explanation why and I was told that it would be another five to seven days until the request could be approved. I hung up with the service representative frustrated.

I called back the next day (September 11) and told the service representative that I needed this letter by Monday so that I could show the bank, where I was trying to get a loan from, that this issue was taken care of so I could get a loan for a new vehicle since my current vehicle had broken down. The service representative said that this would not be a problem. They took down my work fax number and said that they would send it out that afternoon.

When I arrived on Monday (September 13) there was no fax waiting for me. So, for the third time, I called into Bank Of America to try to get this mistake, Bank Of America’s mistake, resolved. I immediately asked for the Team Manager and explained what had transpired to this point. I was reassured, again, that this would be taken care of and the Manager took my phone number. They stated that they would give me a call by Thursday (September 16).

As of the end of the day, September 16, I have not received this phone call. I have been lied to repeatedly about what is being done. All I am asking for is a simple letter to take to the bank to show that this is a Bank Of America error and not one of my doing. I don’t believe this to be a big thing to ask. Resolving this issue would go a long way to keeping my business.

Sincerely,

Lyal T. Ward, P.E., LEED AP

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On 09/17/10 Jeffrey Robert Busch wrote: Hello Brian, I have been trying since November of 2009 to get my mortgage through the “Making Home Affordable Program”. I know I qualify. I have been in contact with the Hope Group, Home Retention Group and BAC Home Loans Servicing all stating my situation looks “Good”. My most recent discussion was on 9/13/2010 with BAC and she stated all information from me was in and my file was with the underwriters and “could take another 2 months”! This is ridiculous!! I see all your advertising on TV and how great B of A is these days, how about your existing customers that want to stay in their home!!!!!

I support John Wright vs. B of A Lawsuit

“I AM ONE CUSTOMER AT A TIME”

Jeffrey Robert Busch
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On 09/17/10 Joshua Luna wrote: We started our process for the loan modification in June of 2009. I was approved for our first loan modification on October 30^th, 2009 and had made our first trial payment on November 4^th, 2009. I had been under the impression from your company that I had to make my three month trial payment and then I would be approved for a permanent modification. I had been making the trial payments monthly till July of this year and was told when I called to make the payment over the phone that I had been denied for the loan modification. I had asked every employee that I had been in contact with as to why I was denied and yet no one could give me a reason. When I received the documents for our trial payment and in your own documents you say; I understand that after I sign and return two copies of this plan to the Servicer, the Servicer will send me a signed copy of this Plan if I qualify for the Offer or will send me written notice that I do not qualify for the Offer. We never received anything in writing that we had been denied and we still do not know the reason for the denial.

There is no excuse for your company’s actions and why your company refuses to help those homeowners who are trying to make their mortgage payments. I hope to hear back from someone in your company that is not reading from a computer screen with no answers to my situation or transferring me to another department only to hear the same thing..

“I AM ONE CUSTOMER AT A TIME”

Joshua Luna

On 09/17/10 Daniel Nabutovsky Elizabeth Nabutovsky wrote: Dear Mr. Moynihan, I am writing this letter as a last resort. I know you are a busy man and we are merely a number to you. Please read this letter and offer some kind of answer to our family! I will try to sum up our situation with as much detail as I think would be helpful, but also not write
a book.

Early in 2004, my life seemed perfect. I had my own online business and moved from being a single apartment dweller to a married home owner. Since it was difficult to get financing for two self-employed people, I ended up getting an 80/20 ARM for the mortgage. We did fine paying our two mortgage payments, even paying more than the minimum when I had a financially good month. Eventually, in 2006, I was able to get refinanced into a fixed rate mortgage. Again, things are going great! My wife and I had a baby in December 2006. My online business started to drastically drop though. So towards the end of 2007, I decided to get a “real” job to have a steady income along with insurance benefits.

Very soon after I started working at HEB Grocery, I started getting serious pains in my abdomen. So I started seeing my doctor on a regular basis to figure out why I was so sick all of a sudden. Well, six months later, in June 2008, I was diagnosed with Stage 3a colon cancer. I was a 35 year old healthy male with no family history of this. Every medical professional from that point on is so shocked to hear that this happened to me. Surgery was immediately ordered followed by 8 cycles of a very aggressive chemotherapy. I was on disability from work so my income dropped. My wife has her own photography business. She neglected her business while I was dealing with the surgery and chemo to take care of me. All of this and we have a one and a half year old to take care of!

I am attaching the three different hardship letters that I have written over the last year and a half to try to get approved for a loan modification. The second letter was even an attempt to get approval to do a short sale on our house. Right about the time that we were trying to do a short sale, Bank of America bought out Wilshire, our original lender. It seemed like right when we had accepted the fact that we were going to lose our house, BOA bought our loan and we were told once again that we had a chance to get a loan modification.

So here is my horrible frustration and disappointment with BOA. In February of 2010, we learned that BOA would be assuming all Wilshire loans on March 1, 2010. Knowing this would be a HUGE adjustment for such large corporations, I decided to call BOA even before they assumed the loan. That was in mid February 2010. I just thought I would get a head start on the whole process of getting a loan modification started. I understand there is a lot of paperwork involved. With Wilshire, we had sent in multiple rounds of bank statements, pay stubs, etc. This whole pattern started again with BOA. We would send in requested documents only to be told they were never received. How can such a large entity as BOA lose multiple documents from one customer? Every BOA agent my wife and I have spoken to assures us that they are going to be the one to help us out. At this point I am so tired of getting my hopes up that the next BOA agent will be the “golden” one that will come and save us! Now, we have stopped answering calls that come from BOA. I had gotten to the point of accepting that my house will be foreclosed. But now, I have been researching to find that lots of people are having the same EXACT problem we are having with BOA. Why should I give up and lose my family’s home? Why should I let BOA foreclose on my house that I have been trying to comply with every request from your bank? My wife and I are hard working people that desperately want to keep this house. I feel as if I have held up every part of what I was supposed to do as far as sending in documents and proving an extreme hardship. It looks as if BOA is not trying to prove their statement of “regaining America’s trust one customer at a time”! I would love to put my trust back into BOA…but what I have been through over the past five months, doesn’t look so promising.

I am asking one more time for your personal help, Mr. Moynihan! May I please request an executive to contact me that has enough authority to approve my loan modification? I understand the financial crisis in America requires you to have MANY employees just to take calls. But at this point, I demand to speak to someone who can make decisions regarding our loan rather than an agent that has a Q&A sheet in front of them to read off of! I am also sending a copy of thisletter to my state officials to see if they can be of additional help. My wife can speak on my behalf regarding any matters of the loan. For reference, the loan number is xxxxxxx.

“I support John Wright vs. BofA Lawsuit!”

Sincerely,
Daniel Nabutovsky, Elizabeth Nabutovsky

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On 09/17/10 Kimberly wrote: Dear Mr. Moynihan, I am a struggling homeowner who applied for the Making Home Affordable Program in November of 2009. We received our docs, got our trial payment and started the temporary payments on January of 2010. I returned all my paperwork by January 4th.

I checked and was told everything was fine, and to keep making payments. In February and April of 2010 I received letters stating that I was missing documents. I refaxed and faxed some more and checked back and was told all my papers were there, and would soon be underwritten. I called back every two weeks for months, always getting told that all was good, and the process could take up to 120 days. On August 4th, 2010 (8 months after first submitting everything) I received a letter stating that we were denied a modification because we had never returned the required documents. I immediately called and was told that my docs had been “misplaced temporarily” not “lost”, and that everything was there and I would need to file an appeal, which I did. The appeal was found valid on August 9th, 2010. I was told there would be a 30-45 day wait. As of 9/17/2010 there was no answer on the appeal, and IT STILL HAD NOT EVEN BEEN ASSIGNED TO AN UNDERWRITER. I turned in my paperwork 9 (yes 9) months ago. I was told there was nothing to do but wait on the outcome of the appeal. I was told by an employee Kristin (#2921) that our paperwork was complete and in the file by February of 2010. This whole time it was there, and waiting to be looked at — it just never was.

On August 30th, 2010 I received a letter in the mail titled “Notice of Intent to Accelerate” from Bank of America.

This letter states that we behind 5 months and if $5735.60 is not paid by 9/29/2010, then the “Investor” of our loan will accelerate and start foreclosure proceedings on our home.

We are behind on our mortgage payments because of of the mistakes by the overworked, incompetent employees of the HOPE team. Every time I call, I get a different answer. I was told that the MHA would NOT adversely affect my credit. My credit and my husband’s is now crap. Before applying for this program, we were NEVER late on our mortgage or credit cards ever. Not once. Our credit was excellent. We came to Bank of America’s Making Home Affordable program for help and it has left us in almost ruin. We are about to get foreclosed on, and we have done NOTHING wrong. We did everything we are supposed to do, and are devastated and angry and lost about what has happened. I happened upon Mr. Wright’s blog and thought “what the heck?”

I have filed a complaint with the OCC about what has happened with our loan, and am contacting my state senator and an attorney and anyone that will listen to my case. What your company is doing to people is fraudulent, deceptive, inept, and just plain WRONG.

What should have taken 3 or 4 months tops, has taken almost 10 months and has left us behind 5 months on our mortgage.

We started off back in November of last year in a much better position than we are in now. I wish so bad i could take it back, and I would have never would have applied for this program. We came to you for help, and are more than likely now going to lose our home, which is everything we have.

Please, please, please if you can help us please do. We are desperate and anxiety ridden, and wish to god someone would just freaking do their job at Bank of America. We are excellent candidates for this program and we should have been approved 6 months ago.

I SUPPORT JOHN WRIGHT VS. BOFA LAWSUIT

Sincerely,

Kimberly (about to be foreclosed on homeowners because of BofA screwups)

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Update On 09/22/10 Kimberly wrote: Hello Mr. Wright,-Today I got a call from the BofA Home Loan Counseing Center. I was assigned a caseworker named Gina. She gave me her # and extension and I just called her back.

She introduces herself and tells me that we were (of course) denied for HAMP.

So then she says that she (herself) has put together an “in house” modification and ran the numbers. I believe she said that it was approved by Fannie already, but that she has to get it “approved” by Upper Management at BofA and that should take 1-2 weeks. (that prob means 4 weeks)

After a possible final approval (I’m not gonna hold my breath), the FedEx Package would be sent out.

She also said that the “Intent to Accelerate” is computer generated and our account has certain “workout codes” on it indicating that we are in a Modification Process and that no foreclosure action would be taken until we had a final answer.

The terms are as follows: For the first 5 years: 2% Payment: $1130 (old one was $1650 interest only) 6th year: 3% By 11/2017 the payment would cap out and be permanent at $1400 at 4.25%

I’m still in shock. I of course will believe it when I see it. I think overall it’s a good offer. I asked her if she needed updated docs and she said no.  She said if “Upper Management” approves, then that’s it. We are done.

 I of course and skeptical and will believe this when I see it.

 If this in fact does go through, all I can say is Wow. You are a great man for what you have done here. I never would have had the nerve or the strength to take any action (I felt so alone and defeated). Piggybankblog gave me that strength and all the important info I needed to take action.

The turning point in my case was emailing the CEO. I had filed a complaint with the OCC, so maybe they contacted BofA too, who knows.

But, if in fact this does permanently modify than I owe you a great big thanks!

I will update when I receive word of Managements decision.

Best Regards,

Kimberly

Update 10/22/200:  Well It has been 4 weeks since my file was sent to “Upper Management”, which was supposed to take only 1-2 weeks.  Bahahahahaha yeah right.  Remember people, we are dealing with Bank of America…. I called my negotiator in that 4 weeks no less than 6 times.  Not once did I ever receive a return call.  A week ago today I emailed the CEO again.  Monday I received a call from the office of the Presidet.

My file is still in “Upper Management”, and still has to go to “QC”.  I’m thinking to myself really???  How many freaking departments does it have to go thru?

Sincerely,

Kimberly (Beyond Stressed and Frustrated Homeowner Stuck in Loan Mod Limbo)

Update on 11/29/10:  Hi John, I hope you and your family had a good Thanksgiving. I have an update on my “Loan Mod Hell” situation..

I know you correspond with tons of ppl so I will give you a refresher. I applied for Making Home Affordable last November and was denied in August. I made all the trial payments until then, and decided I wasn’t giving them another dime until I got this straight. In late September BofA called and said I was being offered an “In house Mod” thru them. I was told 1-2 weeks wait (well we all know how that goes) to get final approval. Well my husband had lost his job in August which was horrible enough, so we were actually just talking yesterday about walking away and letting it go. Well lo and behold a package arrived today, and it was an approval for the HAMP (which I was told 3 times we were denied for)…. Weird huh???

Anyways, our old payment was $1650 interest only which was set to go up in 3 years to an ARM.

New payment is $1074 for 5 years, then 1192 for 6th year, 1317 for 7th, and then capping out at 1349 for the remainder of the term (40 years). I have until December 7th to send it back. No other documentation required…

I must be one lucky bitch or something that they didn’t ask for updated info…

Anyways, thanks for all your help. Couldn’t have done it without your blog which gave me courage and conviction.

The Evil Empire known as Bank of America has actually presented me with a Permanent Mod. Let’s see how long it takes them to record it now….

Cheers!

Kimberly

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On 09/19/10 Frances E Coon & Michael D Coon wrote:Mr Moynihan, I just finished writing the below letter to your Home Mortage department. Our complaint is that after we were forced into a “save your home” program, it has been nothing but a nightmare. Please see the referenced below.

On September 19, 2010-Account # xxxxxxx

To Whom It May Concern: In November of 2009 we asked to move 1 payment to the end of our contract due to my husband Michael’s illness. We knew he would only be out of work until January, and we could resume our regular payments at that time.

We were advised that the only thing B of A could do for us was to put us into a program where we would pay a smaller payment for 4 months while we were under a review. We did this. Then we were asked (repeatedly) to provide tax and income information. We did this. Then AFTER we started paying the full amount again (April of 2010) we were advised that we did not qualify for the program due to our not sending in the paperwork. It was sent 4 times!

We were NEVER told that the “program” would damage our credit, which it has, or that it would make us so late on payments that we had to pay and extra $2375 to keep our house from foreclosure! Outrageous since we have always made our full payment requested!

We paid everything we were asked to pay and we were told (after the damage was done) that the “program” was what caused the late payments and late charges. How does that work? We pay what B of A told us to pay, but it is not what was needed?

This “program” is worthless! It does more harm than good. We want out of this “program” immediately! We feel we were charged the $2375 in error! We should not have incurred late payments when we were in a program designed to save our home by not charging us as much!

Please advise us in writing that we have been removed and put our account back in good standing, since we have paid everything B of A has asked us to pay. We want our account unlocked to make it possible to pay our mortgage online as well.

As soon as we are able we will find another lender. We also see that there are several class action lawsuits in place. We will consider these as well.

We are copying the CEO at brian.t.moynihan@bankofamerica.com

We support John Wright vs. BofA Lawsuit

Frances E Coon

Michael D Coon

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On 09/19/10 Mike & Starla Logel wrote: Brian Moynihan, I want to express my horrible experience with Bank of America. I have never in my life been involved with such an incompetent company that has no clue as to what is going on. You bought out Wilshire and I was in the process of doing a loan modification with them so I ask where is my paperwork from Wilshire. “We don’t know we don’t have anything on file and you will have to start all over with us. Well to my surprise I get a letter noting B of A would be servicing my loan. So needless to say I had to request all paperwork from B of A and start the process all over again. When the economy crashed so did our income so we were looking for help on lowering our monthly payment to get back on our feet. I sent in every single document that was requested of us by the deadline on the letter. Let me tell you I went out of my way to make sure I did everything by the book. You got everything that was asked except for my blood in writing. How can you do this to honest people and get away with it? Every Friday I would call and be told the same thing your paperwork is in review and should take 10 days to be given to a negotiator to help work out a plan to fit your needs. Always told the same thing don’t worry we have all kinds of programs you will qualify for and we will help you. WHAT A JOKE YOU PEOPLE ARE!!!!!!! I asked time and again do you have everything you need? Yes we have everything. I even went over my expenses over the phone when one of the reps wanted to update our financials. I called and waited, I called and waited. I got served by the sheriff department claiming we had a sale date scheduled for August 24th at the Muscatine, Iowa Sheriff Department. I again call B of A to let them know the summons I received from the sheriff and what is the progress of our paperwork. Same answer paperwork still in review and waiting to be placed with a negotiator. Come on people that was at least 3 months in waiting. I was then told over the phone they were halting the sale date because of our paperwork being in review and waiting to get assigned. Do you people not have a clue to what is going on. Is this your way of giving people the run around. So I was assured and told that an email was sent out to Petosa & Petosa in Clive Iowa to halt the sale date until further notice. Well to my surprise I have a realtor knocking on my door 2 days later saying my house was sold to Integrated Asset Services and would be getting an eviction notice from the sheriff. If I didn’t comply with the eviction notice they would come throw my stuff out. WHAT ARE YOU PEOPLE DOING TO THE SMALL MAN WHO IS WORKING TO SAVE THEIR HOME FOR THEIR CHILDREN AND WORKING TO MAKE ENDS MEET!!!!!!!!!! My family is out of a home! How do you explain to 3 kids that mommy and daddy don’t know how this happened and we lost our home but did everything that was asked and sent every single piece of paperwork in. This situation has not only affected my children but I am physically sick and husband is beyond furious. You have striped away all our dignity and have ripped apart my family as now we are going to be separated from each other until we can find a place to live. How do you people sleep at night? This was OUR home OUR life that you have destroyed with empty promises. When we bought this house we put down a $36,000 down payment that POOF it is gone and have nothing to show for this. Do you not know how we saved to be able to have a home we could retire in. What did you do with all the money you received from the government to help those in need? I am so overwhelmed with the lack of professionalism from B of A. I have contacted various news stations to get the word out not to ever do business with your company. I am amazed of the people that have had the same experiences as ours with your company. I ask you what about my $36,000 down payment???????? Oh that’s right we can get $2,000 for the cash for keys program. HAHAHA that is a drop in the bucket from what we are owed. Believe me whenever I can tell my story you can count on my voice being the loudest against your company and your services. I don’t know how you can hold your head up when you have separated families and left them homeless!!!!!!!!!!!

I support John Wright vs. BofA lawsuit

Mike & Starla Logel (the homeless)

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On 09/19/10 Kris Randolph wrote John: Mr. Wright: My name is Kris Randolph and I just returned from Helena, Montana visiting some friends who are going through some life threatening health issues and when I arrived I found out they had moved and lost their home that they have had for 25 years to Bank of America because of the special loan that you are referring to in your lawsuit. Bank of America told them they had to pay back all of the money because they were not approved after all. This was eighteen months before Bank of America told them they were not approved. They kept saying they lost paperwork, and they were behind. My friends could not come up with the $10,000 that Bank of America wanted so they had to move out of their home and Bank of America will be foreclosing in December. They never made a late payment on their loan in 25 years. What can we do to help them. They have no money and Tracy has had a heart attack and has lung cancer and is having part of his lung removed next week. Please help or let me know what I can do.

Thank you,

Kris Randolph

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On 09/21/10 Tommy Gamelin wrote: Brian, I am writing this letter after a long series of calls and getting the runaround concerning my home mortgage modification (It has been over a year). At this point you must be aware of the situations described in which I have been through regarding to the modification process with B of A (they seem to be typical after seeing numerous blogs, website, etc. posting the same thing i have experienced over and over) I would like to have my loan modified immediately. Please contact me to reconcile this situation.

“I am one customer at a time…”

Regards,
Tommy Gamelin

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On 09/21/10 John Palaico wrote: Im another victim of BOA. Ive been through hell and finally got a mod that increase $20,000 for being 5 months late and now they are demanding $6700 for escrow being short!!!! And my second $40,000 with them was left a lone and they are now harassing me every day for payment!!!

Im a cop with three kids and own a home for 12 yrs worth $250,000 my first is now 358,000 plus $40,000!!! And thye are helping me. I want to bury them. What can I do???

John Palacio

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Update 09/28/10 2nd Letter sent: Mr Moynihan, This is my second letter to you and is an an update. Be aware that my acct has been mismanaged again as per our modification documents that were signed and returned with a cashiers ck that was cashed by BOA was misplaced and put on my old acct and therefore it shows that there is no payment because of your error again. It was also stated to me by Marina Martinez and Shannon Hutchinson ( from the Office of the CEO) that my second mortgage was taken care of before I receive these mod documents.

I am being harassed by Mr Colin Lucas from BOA Recovery Department for the last month. He advised that he doesn’t care about my first mortgage and has violated The fair Practice Act and advised me today that he will foreclose on my home. He said he works for BOA but doesn’t work together with other departments!!

Please call Bill Taylor before this goes any further. It has gone too far. Be noted that I have been making payments as per our agreement.!

Sincerely

John Palacio

On 09/21/10 Annette Watkin’s wrote: Dear Mr. Moynihan,-I am writing to you in desperation. I have been vigilant in my attempts to obtain a loan modification from Bank of America for a very long time. I began with my first submission to Countrywide on March 22, 2009, with all documents they requested being faxed on that day. Numerous follow up calls were made by me with no concrete response. Then B of A purchased Countrywide and I contacted B of A to find out what I needed to do to have the Countrywide modification transferred. I was told to re-submit the same documents, by fax, which I did in July, August, September (twice) and again on October 10, 2009. This fax included a request to be contacted to confirm that documents had been received by fax. I never received a response and continued with my twice weekly calls to B of A for updates. I have been given a vast range of answers over these months, from my file being reviewed by an auditor to the account has gone into forbearance in error, to re-submission to modification department, to send what you can afford each month, to the packet from Fed Ex should be there any day now, to quit making your payments to escalate the modification, etc. I continued my bi-weekly calls, faxed in documents as requested on 3/30/10, 4/21/10, 7/25/10 and sometimes faxed in between those dates as well when I spoke to someone who stated they were not in receipt of the faxes. During this period I received a Notice of Acceleration with intent to Foreclose on 4/30/10, which I was told was sent in error and to disregard. On 8/2/10 I received a letter indicating that I was denied modification because of my failure to provide documents as requested. When I called about this I was told this letter was also sent in error. Please understand that at NO time did B of A ever contact me by telephone. The only written communication I received was the aforesaid Notice of Acceleration and Notice of Denial. There was one letter in July of 2010 indicating that the documents requested had been received. Note: My loan number was clearly written on each and every page ever submitted to B of A. On August 9, 2010, I received a packet via Fed Ex to apply for modification and was instructed to fill out and return via Fed Ex, along with all of the same documents already faxed. I prepared all documents and returned them in a timely manner, within the time frame requested. The letter I received stated that within 10 days of B of A’s receipt of my response I would be contacted. A B of A representative signed for the returned packet delivered by Fed Ex on August 26, 2010. To date I have not been contacted. However, I have called repeatedly, and been told that additional documents are needed. The documents needed WERE IN THE PACKAGE SENT VIA FED EX!!! When I asked why I needed to send documents already in B of A’s possession, I was disconnected or hung up on. I have called several more times and each time am disconnected. I cannot tell you how frustrating this is. I had to shutter the doors to my 16 year old business in March of 2009. I have been working from home and warehouse in order to make ends meet. Because my business is in the retail industry I have been hit very hard. My income has gone from over $10,000 a month in 2007 to a net profit of $2,000 a month today. Combined with my husband’s pension and child support I am unable to pay the mortgage amount I was once easily able to pay. I have numerous health issues that I have been dealing with over the last two years. I had surgical complications and ended up with gangrene in my abdomen. I was required to undergo hyperbaric treatments daily with wound vacuum applications for 4 months and was left with chronic pain and disfigurement. During this period I was rendered legally blind (due to the hyperbaric treatments) and had to undergo a series of eye surgeries. My vision is somewhat restored, but not what it once was. I also have been diagnosed with Raynaud’s Disease and am undergoing assessment for a rare autoimmune disorder, which adds insult to injury so to speak. I am still able to work from home despite being in constant pain. I have attempted to obtain employment over the last year without success. You see, because of the economic turndown, I was forced to file bankruptcy and with a BK on my record no one will even look at my application. I am also 57 years old – not a big plus in the recruiting industry. I am debt free with the exception of my mortgage and have cut back on all expenses, living with the bare minimum of necessities. The round and round frustration I have been undergoing with B of A is putting a toll on my health too. I am now on anti-depressants, sedatives and my blood pressure has shot through the roof. My house is worth as fraction of what it was when I obtained the loan with Countrywide (also when I was making more than enough to pay the mortgage). There are so many for sale signs in my neighborhood without pending sales it is pitifu. I really want to stay in my home, am not physically able to move and am able to pay a reasonable amount each month if B of A would just give me the chance. I am ready, willing and able to make a payment of $2,500 a month and should have not problem making that payment amount in the future. Won’t you please consider having a real person, someone in this country, that actually can talk to me discuss the option of modifying my loan – seriously, and not some call center with a collections person posing as a loan modification specialist? I was a loyal B of A customer for decades, have paid B of A hundreds of thousands of dollars in interest over the years and sincerely hope that I am not just another former dollar sign to your organization, but a valued customer with hopes, dreams and the desire to just be given some help during this difficult time.

Sincerely,

Annette Watkins

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Update on 09/24/10: Dear John, Here is an update. Yesterday I got a message from Heidi McNaughton from the office of the CEO to contact my assigned negotiator – Kimberly Buttrom at her email address. I did email her and we spoke briefly today. She stated she will be reviewing my file and getting back with me next week. In the meantime, a man came to the front door and was in the proess of leaving a notice for me that I needed to contact B of A to discuss my account. I told him that I had been in contact with someone not an hour before. He left, sat in his truck and I assume made some notes and then left. I looked at the note (a form type of card actually) which states my name and “An independent property inspector visited your property on the date and time indicated below. The purpose of this visit was to determine the occupancy and security condition of your property. The inspection is permitted under your security instrument. It is important that you contact your mortgage company to discuss your account. It then says to contact B of A at a specific number. So, I called the number, got some guy in India named BOB, and he told me that this inspection was part of the modification process and that according to the file B of A has until November 5th to complete the modification. BOB gave me his extension number (I asked for it five times) and after our call I tried to call him, but the number is invalid. Guess those extensions in India don’t work very well. Since my loan was originally with two other mortgage companies before Countrywide and B of A I am wondering who has the security agreement that allows such an inspection. Also, when I got the notice of acceleration a long time ago there was something about their right to an inspection. Any words of wisdom or encouragement on this? Anything I need to know to help expedite the modification process with I speak with Ms. Buttrom next week? Your help, as always, is greatly appreciated.

Sincerely,

Annette Watkins
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On 09/22/10 Annette Watkin’s wrote: It is 11:55 am and I just got a call from Heidi McNaughton – from the office of the CEO of BofA – she indicated that my case will be handled by a senior escalation person within the next 24 hours and she will call me back with the information as to who that person is and their contact information. I am keeping my fingers crossed. Thank you again John, at least I have now talked to a real, live person – here in California and can only hope that I am given some information oine way or another. Regards, Annette Watkins.

On 09/21/10 Connie Belcher wrote John Wright: Hi John. My name is Connie Belcher. I’m from Harwood, Maryland. I found your website by google and a friend of mine told me to check on other Bank of America blogs, etc, to find information about others who have gone through similar experiences with modifications.

I too am going through a time with BOA. I began my experience in Jan. 2010. The mortgage is in my name only since my husband did not have very good credit. So, he thought that this may be a good thing to do. I, on the other hand, thought that it was a BAD idea. I had heard stories on tv talking about how people have been screwed with these programs. So, he was insistant since the bank could reduce the payment by about $500/month. I get nervous with things like that which I don’t really understand, but he called and spoke to a guy who said that I would qualify. I received my paper stating what my payment would be along with my coupons for the trial period payments. I began my trial period payment for the Feb 1^st payment. I called, made the 2^nd payment, 3^rd payment. I called and would check in. I have notes of who I spoke to and the numbers I called. Between going back & forth from the HOPE TEAM to all of the other departments, I was very frustrated also. I finished my 3^rd trial period payment and was told keep making the payments. But in between they would do the same thing. When I would call in for updates, I was told numerous times that they did not get my paperwork. I had to re-send them again. I know that I sent in my hardship sheet at least three times, my bank statements three to four times, the tax paper at least five times and so on. I was very frustrated. I then found myself making the 7^th trial period payment. They kept saying to send them in and me being nieve DID! I now could kick myself. So, around May, I was really getting ticked off. Whenever I would call, I would get so many different stories. They had all of my paperwork and it looked good. Then another day I would get another person asking if I sent the bank statements, etc in. I was very angry. Then was told at another number that my file was with the underwriters and it shouldn’t be too much longer. By then, I really didn’t trust what was going on. Through this whole bad experience, I would look at my loan status online, I would see late charges added to my loan. I also asked about my credit and was told that it would be affected but when approved it would be updated and the bad marks would be taken off. I asked and what if it’s denied? Didn’t have an answer for that did they? So, found out my payments were not being applied correctly to my loan balance, my credit scores were all affected by this also. I did write to all three of the agencies saying that I was in the middle of a loan modification, but my scores went from 795 in May of this year to now 640, 644 and 645. I am so ticked now. I spoke to the girl in the middle of July and was told that my loan file was still in review. I had just made my 7^th trial period payment. I asked why is it taking so long and that I was only supposed to make 3 -4 trial period payments. She said they have everything and it’s with the investers. I too was told that it shouldn’t be long now and that it looks good. Was told I should be getting a letter in a fedex envelope. So, I too, received it the next day with a denial letter saying that my application was INCOMPLETE and that I did not send in the requested paperwork. I was outraged! I DID everything they told me to do! I asked for the supervisor and she wasn’t very helpful. I did get a little loud and asked what this was. She told me that I didn’t send in MY information it was my husbands. I told her that I was unemployed and that you people knew that in JANUARY when he called and told them that the loan was mine but the income would be under my husbands income. I told her WE’RE MARRIED! It’s OUR money. I also said you all didn’t say anything when you were getting all of those trial period payments though did you? I asked her where my money was because it’s not being applied to my loan like it is supposed to be. I was also told by the previous operator that my denial letter may have been sent out in error. I said what the heck does that mean? I was very agitated by then. So, the supervisor said that this can be appealed. I told her I think this whole thing is terrible what they are doing to all of these innocent people and how can they do this? I hung up on her. I am now just so frustrated I don’t know what to do. My husband called his friend, a lawyer, and he did tell me to send in my regular payment for September and he would write a letter with a request to bring my loan current with what I figured out was the amount and the lawyer would send it in. So, it was sent in and the lawyer has not received any correspondence at all. The monies that were sent in with his letter were held for two weeks and now was just put on the loan but were being used to cover late fees, escrow, (which I was paying myself to bring down the monthly payment before all of this mess happened), so I am very pissed now because they are showing that I missed my August & September payments, which I DID NOT! So, when I tried to look up my account online, they blocked me out from any inquires or anything UNTIL I MAKE THE TWO PAYMENTS FOR AUGUST & SEPTEMBER!!!!! I just wanted to do a quick email to you on my situation but didn’t mean to say all of this. Sorry. Anyway, my question to you is I would like to know how to handle this the correct way. The lawyer is waiting for the BOA people to get back to him, but I don’t think they will. It seems I should write to the CEO? I’ve been trying to read all of the other bloggers entries to see what they have done.

I will keep you posted.

Connie Belcher

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On 09/21/10 Kelli Harp wrote again: Hello Mr. Moynihan, I previously emailed you regarding the situation that I have been dealing with on a loan modification since November ‘09. My loan number is xxxxxxx. I will not reiterate my whole story but in short I was continuously given misinformation leading me to being 6 months late on my loan payments. After sending my last email my account was being serviced by your office and I felt like I was FINALLY getting some results and people were taking action. As of last Wednesday September 15^th I was working with a loan negotiator Demetrius Lamontt at xxx-xxx-xxx-xxx. He had offered that in order to cure the past due payments he could do a new loan modification WITHOUT new financial information. At first I had agreed to this since he assured me it was the best course of action and I would “definitely still qualify for a new mod” even though I am no longer employed and I explained this situation to him. After talking to an attorney and some people in the mortgage industry I decided that what he was telling me was a lie and I would be required to provide new financials and would indeed NOT requalify for a mod. When I expressed my concern to him about this his story changed and he said that I would have to provide new financials but they could be from “anyone that helps pay the mortgage payments”….huh?????? Luckily I got to him in time to stop him from starting the process of a new modification. At that time I asked him to get me a reinstatement amount so that we could bring our loan current and I informed him that we would not pay the foreclosure fee’s or late fee’s due to the fact that we were given wrong information. He told me that he needed to get with his manager to see about waiving these fee’s and getting me an amount. He assured me that he would call me back with an answer by Friday. I am sure that you will not be surprised to find out that Friday came and went and no call. I believe I left him at least one message, possibly more. Monday came and went, no call. On Tuesday morning I called him first thing in the morning and got his voicemail. I waited a while and then started calling everyone that I had direct numbers for. I spoke with Randolph Reynolds and he told me that he would send an email to Demetrius and have him call me which he FINALLY did. All he called to tell me was that he still didn’t have an answer for me and he was waiting for his manager to get back to him. This was not an acceptable answer for me. I asked him to let me speak to his manager, Cindy Smith, and he told me she was in a meeting and would call me back. Cindy did call me about 15 minutes later just to tell me that she was working on an answer and would call me back in 30-45 minutes with an answer. I am sure you will not be surprised to hear that she did not call me back. About 2 hours later my husband came to the end of his patience for the situation and started to call everyone that I had been working with and leaving irate voicemails BEGGING them to give us an amount to pay to get our loan current and move on with our lives. I would say that he left no fewer than 40 messages, mostly for Cindy Smith that had promised that she is the final answer and would get back to me in 45 minutes. I am sure that you will not be surprised to hear that NO ONE called us back. I did finally have a voicemail message from Ms. Smith at 7:15p saying that she apologized but she was stuck in meetings all afternoon. Apparently they all popped up unannounced since she thought that she would be able to call me back in 45 minutes. Her message says that she has good news for me. We will see tomorrow and hopefully the game won’t start again. Mr. Moynihan, what I would LOVE to have happen at this point is for BOA to amend my loan modification to include these past due payments without the fee’s so that we can get current, pay our loan and not have to talk to BOA EVERYDAY!!!!! This is not good for my sanity! I want to spend my days with my beautiful 5 month old baby girl, not playing games and screaming and yelling at incompetent BOA employees. Please, please help me Mr. Moynihan we are at our wits end and our next option is to just let you take our house. This is not what we want to do but we are being left with no options. Again, your prompt attention on this matter is appreciated.

I AM ONE CUSTOMER AT A TIME!!!!!!!

I support John Wright vs BOA lawsuit part 2

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On 09/22/10 Erika Parisa (Roach) wrote: Dear Brian Moynihan, I am in desperate need of help to save my home and I am so confused as to what is going on and why I am being denied the home retention programs. I am forwarding the last letter I fedexed in hopes that you will read it and take it into consideration. I also sent all proof and documentation pertaining to my husbands income including w2′s and I feel as if maybe I am being denied due to my income but I am married now. It just doesnt make sense because when I review the quailifications to modify I am the perfect canidate. Please help!!

I’m writing this letter to inform you of my past, present, and future financial status and the situations that have forced me to get so far behind on my mortgage payments. I’ll start by explaining that back when I purchased my home, financial hardship was not even a thought to cross my mind. I felt my job security was very strong and purchasing this home was the intelligent choice to make vs. renting. Never in my life did I have a problem finding a job. I wanted to live the American dream. Jake, myhusband as of Feb. 27, 2010, and I had no problem affording this home including utilities, vehicle payments, credit cards, groceries, fun, etc..Things were great, we fell in love with our new home, had a house warming party, fully furnished and decorated the house, and had the yard fenced in then shortly after everything changed and my happiness went down the drain when I went into work only to find out I was being let go due to the economy and loss of business. I couldnt believe it. I began applying everywhere and could not get hired. I never imagined how hard it is to find a job now days. I have a sales associate license so I tried practicing real estate again and it did nothing but waste time and gas because it started to become extremely difficult for people to get a loan. My husband, fiance at the time, at that point took on full responsibility to pay all of our bills. At the time, he was making just enough money to cover our mortgage, HOA dues, vehicles, utilities, and groceries. The only thing we couldnt afford was the credit card debt but of course the house came first. That’s when I decided to go back to school full-time and earn adegree because I realized that was the best answer to regain security in my life because times have changed. Then, at the end of July 2010, Jake was laid off due to the economy as well and his boss needed to cut back. Jake went to school to be a mechanic and has a CDL-A so we thought for sure it would be easier for him to find a job and my dad said he would help with our bills until we got back on our feet. For 6 months after that Jake went out all day everyday applying and doing follow ups at any jobs listed in the pennysaver, news-journal, and craigslist. There were so many people applying at each place he walked in to they wouldnt even let you speak to a manager because they’d have to hire one just for that. It was nearly impossible to find a job. My dad ended up draining his bank account after paying our bills plus his for so long and I could not come up with the money for December. Finally in January, Jake was hired on by budweiser as a driver and at the same time I was hired on at a new restaurant ( that didnt end up working out because it was over priced) and we started to get back on our feet and all caught up after being broke for so long. At the same time approximately, our mortgage went up due to our escrow being underestimated and we had just been taxed on the land so once we were taxed on the building too that made it go up as well almost$300/month so we still couldnt afford the mortgage plus all utilities. Then, Jake got a call-back from the company he really wanted to be with and offered a job that had better hours and more pay driving for S.R. Perrott. He took that job in April and has been there ever since going on 6 months now and the managers love him, want to promote him soon, and he’s in first place for driver of the year. He’s making $515-$530 a week take home now which is only $300/month less than his first job he lost when he was taking care of all of our bills prior. I am going to include his pay stubs with my stuff to show proof. After finishing my AA degree and graduating with honors I was accepted into the respiratory therapist program at Daytona State College and im currently enrolled in my first semester. After I complete this semester plus 4 more I will graduate and start working with a salary averaging $50,000/yr for Volusia County. Im including all of my proof of school and success as well. We love our house and it means the world to us. If you agree to help us over the next couple of years by lowering the payment once I start working or Jake gets a promotion you can put it back. Please just help us and your bank will not have any regret once we have more success and it’s right around the corner. Once I graduate my income alone will easily pay our normal mortgage payment we just need help til then. We have been saving every dollar we can with the fear of losing our home and becoming homeless with our 3 resued dogs. We our so attached emotionally to this home and will do anything you need us to do in order to keep it. We our responsible and willing to make any sacrifices to save our home so please just give us this one last chance. Thanks for taking the time to read this.

“I AM ONE CUSTOMER AT A TIME.”

Erika Parisa (Roach).

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On 09/23/10 Brenda L Avellino wrote: To whom it may concern, I am so tired of this circus act . You may want to go back to a e-mail i sent to you on 7-8-2010. The next day i received a phone call from a Mr Justin Levine, Please remember his name cause no one else in your company knows who the hell he is . Seems he is no longer with you ?? Please make note of this in my file cause next time i talk to one of your ignorant represenatives asking me why i sent my papers to Justin, like im the one that did something wrong and question me who Justin is , They will be sorry they answered my call. (((REMEMBER YOU HAD JUSTIN CONTACT ME. ))) so anyway another MIA employee of yours. Now to the point of yet another email to you, All the required papers had been Fed ex to Justin by 7-21-2010 to see what program i qualify for in the attempt of saving my home . I had a couple different conference calls with Justin. I was told this process would take 30 to 45 days to get me set up in a program (HAMP etc.). Well those days have gone by. I called in talked to a very ignorant Randy, and now im being told another 60 days . I guess no one checked Justin’s files??? So anyone he was working with is now thrown back into the bottom of the pile yet again.. I followed through with my foreberance agreement 3,000 up front and 1,500 a month through July 2010. And you were well aware that i couldnt afford anymore then that . Well i got a mortgage bill and now its up into the 1,600 s. You might want to look up the town i live in , check out the poverty level here , come see how many vacant homes have been sitting for months , better yet come smell the stench from the refineries, and the specs of oil all over my house from the refineries oh and my car getting stolen from my driveway in broad day light just a little insight for you .. You have all my papers so i will be looking forward to my next phone conversation on this matter.

“I AM ONE CUSTOMER AT A TIME.”

I SUPPORT JOHN WRIGHT vs. BofA LAWSUIT

Brenda L Avellino

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On 09/24/10 Justin and Malinda Rannow -

On 09/24/10 Valerie Nemeth wrote: Dear Mr. Moynihan: The attached letter was confirmed delivered on September 19, 2010.

On 09/25/10 Mike Bezdek wrote: Mr. Moynihan,I am writing you regarding a concern I have with the Bank of America Loan Modification program, which I am currently in review with. Late in 2009 U contacted Bank of America regarding refinancing my home. The customer service representative that I spoke with indicated that a much better option would be to apply for the Home Loan Modification program. So I reviewed the program and applied, and began making my Trial Payments in January, 2010.

Update on 10/25/10:  Well, a month later and still trying to make progress on this. Finally about 10 days ago, a senior negotiator was assigned my account and would be in contact with me shortly. Well, I tried reaching her and her mailbox was full so couldnt leave a message. Finally got through to someone today who checked with her supervisor and turns out that she has been out awhile and not responding to any calls. They assured me they would look into it as quickly as possible, which means it will be a few weeks.In the meantime, I continued to make the trial payments, and noticed that the time between when they post the payment and when they actually apply it seems to be getting longer and longer. I made my recent payment and 12days later still waiting for it to get applied to my account. Maybe that’s another one of the ways that theu make it so you are late on your payments. I also received another letter regarding foreclosure, yet whatOn 09/26/10 John Palacio wrote: Dear Mr. Moynihan, I am writing to inform you that I have had enough of the bad treatment from your Bank. My loan has been neglected and mismanaged for over 3 years. I have made my case to The State Attorneys Office and to The Dept. Of Treasury. The case numbers are on file. After multiple lies and excuses from your employees and denial twice for these reasons you finally give me a modification agreement on June, 18, 2010 that I signed and returned. The cashiers ck for that first payment was cashed but mismanaged like many other payments into the wrong places and it shows today that I don’t have a mod.!

I received an entire history of my loan which originated in 12/07 and it shows from the very beginning that I was charged with invalid negative charges that have been accumulating uo to this very day!! The loan mod includes a $19,000 fee with no Principal reduction at all plus all the escrow money was also misplaced and BOA is wanting me to give them $6,700 more for escrow!! my payment is almost where it was before the mod.

In addition, my second $40,000 loan with BOA was given to your recovery dept after I was told that it would be forgiven and I’m getting harassed daily by a Mr Colin Lucas. He is sabotaging my first which is already wrong!

In addition to this, after reviewing my original loan documents, your Employee named Todd Greenberg stated that I made over $10,000 a month and that I had $25,000 cash in a Washington Mutual Bank!! This is Fraud!! Review it for yourself.

I gave my matters over to a Bill Taylor out of the Mod center in Ft. Lauderdale and he was amazed by all the incompetence.

I am a hard working police officer with three kids and the only breadwinner in my family. I have owned this home for 12 years and have no assets. The home is around 200.000 only. I have nothing to lose except money. $400,000 for a $200,000 home is not a good idea.

I support John Wright and his BOA Lawsuit as he is correct and has plenty of evidence. Please take the time to do the right thing one customer at a time as I am one and take away all the wrong fees and charges, dismiss the second and give me a real fair mod so we can avoid more embarrassment and hassles here and in court. I would like to resolve this once and for all NOW so I don’t have to join a Class Action Lawsuit or place one myself. Also be aware that my wife worked for BOA for 15 years and has depleted her 401 already.

Please do the right thing now.

Sincerely,

John Palacio

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On 09/28/10 Kyle Melberg wrote: To Brian Moynihan CEO, Sadly, I have to write to you once again. I have attached my previous e-mail, to help you better understand what is going on. Since I wrote that e-mail over a month ago, I received a call from an advocate the very next day; I thought this was great! I was told my credit would be fixed and my loan would be finished in a couple days. I was so relieved, but sadly this is not the case; once again. I checked on my credit and it was in the process of being fixed. Over a month has gone by my loan is still not finished, my advocate will NOT return my phone calls, and to my surprise today I got a notification that my credit has been hit once again! Now my credit is showing I am behind $3,372. I am NOT late on any payments! Also when calling this morning (I still haven’t spoken with my advocate, just being passed around) I was told everything is current and your loan is finished; (I have heard this plenty of times, and it has not been true), and I have a new payment of $1,742.65 when my actual NEW payment that I have in writing and have been making for the past 3 months has been $1,683! Was anyone going to bother to tell me this? I have received not one piece of paperwork about this new payment! I would like for someone who KNOWS WHAT THERE DOING, to please call me and tell me what is going on!

Thank You,

Kyle Melberg

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On 09/28/10 Carroll Lee wrote: My name is Carroll Lee. I have a home loan through Bank of America. On July 09, 2010, I applied for a home loan modificaion. After two days I called to check on the status and was told I faxed the information to the wrong department. I was given another number to fax the packet to and on July 11, I refaxed the information. I was assigned a negtioator and heard nothing for weeks. I called back to inquire about the status and was told everything looked good and should have an approval around the 15th of September. I called back the week of September 15th and was told I had been assigned to another negiotator. Again I was asked to update my financial information, which I did. I was then told it would be the end of September before the approval would be granted. On September 28, 2010, I called and was told my modification request had been denied. I was told I didn’t have enough income meet the requirements. I was under the impression that that was exactly what the HAMP was for. To assist homeowners who had a sudden change in income and didn’t make enough to pay the house payments. I am not asking for a free ride. I want to pay for my house. But at this point I can’t make the payments as it stands. A fore closure would cost both the Bank and myself a great deal of time and mony which is needless. All I ask is to be given a chance to lower my payments to be able to afford the house. I feel the modification department mislead me about the modification and gave me incorrect information. During this time I have been making the original payment amount, but I can’t keep that up much longer. Thank you for your consideration of this matter

Carroll Lee

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On 09/28/10 Julio Marroquin wrote: I stumbled across this website after getting the final denial from Bank of America after 9 months of wasted time and accrued debt. i noticed a pattern in regards to the testmonioals on Mr. Wright’s site where several people had the same experience i did with the modification process. This proves to me that the modification process IS just a scam to further indebt you and not help you keep your home. I applied for the modification in dec of 2009. i was told it would take 90 days to get an answer. 9 months later after going back and forth with paperwork i was told, i didnt provide the documentation, then i was told it was provided but it wasnt filled out properly and then i was told i made too little and then told i earned too much. All this did was dig me in a deeper hole with the 9 months of “trial payments”. i noticed this trend from several people on the website. i am now about 7000 past due and when i started the mod i was up to date. how is this supposed to help me as a homeowner trying to keep his home?? the representative i spoke to today told me there was nothing BOA could do short of an 8 month repayment plan. i had trouble paying my original mortgage and now i am being told to pay that plus 1000 to get up to date. how is this fair? how does this make sense??? i applied for the modification because i needed help and all it did was make it worse for me 9 months later. i have horrible credit now and i am behind on my loan. At what point did this modification process help me at all??? i just found Mr. Wrights page today regarding this issue and i am looking into whether or not it is a class action lawsuit, if it is i will definitely join in, unless i am treated fairly and i am fairly allowed to put my account back in good standing. i think what you are doing is shameful and disgraceful and i will forward this on to everyone i know so that they are aware of the scam that BOA is performing and they do’nt fall victim to it like i did. i await to hear a response.

I AM ONE CUSTOMER AT A TIME and i expect that you will put forth every effort necessary to make this right!!

Julio Marroquin

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On 09/28/10 S. J. B. wrote: Mr. Moynihan- I am writing you because I am in desperate help to save my home. My husband lost his job in January and that is when we began the process of being approved for the Making Homes Affordable loan modification program. We requested the information and received it in March and sent it back immediately. The paperwork was lost and we had to send it again. We have since faxed several documents numerous times because your customer service staff says it was never received.

We are currently at the end of our 3 month trial period, where we have made all payments prior to the due date. Based on the paperwork we received introducing us to the trial period, it states that your house can not be foreclosed during the trial period. Well we are still in our trial period and we have completed all 3 payments and we still have a sale date on our home of October 1, 2010.

We were told that to call back on 9/17 to have the foreclosure postponed and the customer service rep said they would put in the request. Well we’ve been told that the request was not put in until 9/25 on a Saturday, which gives us 72 hours for Fannie Mae to respond (based on what we’ve been told). My husband calls several times a day to check to see if the sale date has been removed, but as of this evening it has not been removed. This is absolutely unfair. We have done everything your company has instructed us to do and we could possibly lose our home on Friday.

I know we’re behind on the payments and we want to pay our bill which is why we are trying to get the loan modified, but this just seems like a big joke to your company. I am pleading for you to please have someone look into our case and push the postponement of the sale of our house through. It’s not fair that we follow the rules and make the payments and still lose our house. Please help.

S.J. B

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On 09/29/10 xxxxx  wrote: Brian, I am writing as a concerned customer of Bank of America. My loan number is xxxxxxx, house address is 2xxxxx, Greenland NH. This spring my husband Dale had an extremenly significant pay cut from his job as a Contractor. At that time, being proactive we tried to refinance our mortgage with your company. However, after 3-4 months of being told we were approved then not approved then “we don’t do refinancing for your type of loan” we were told that a Home Loan Modification would be our best option. I received paperwork from your company on July 1st, 2010 in regard to stating the Home Loan Modification Process for my house. I qualify for a loan modification based on Bank of America’s criteria, and filled out all the proper forms accordingly and sent the forms back with 4 days. Based on your Frequently Asked Questions Sheet, ” you can expect to hear back from us within 10 business days”. That, we have found is not to be the case at all. My husband and I, growing increasingly concerned about the status of our loan, have called once weekly to obtain updates about our application. We submitted all the forms required, then submitted additional bank statements ( our personal accounts are with BOA too ) and still have yet to hear from any of your associates. When we do our weekly “update” call to your company, we are told, that we need to submit more paperwork ( which we already did ), they miraculously find our paperwork, then are told we are in the review process again and again. Not ONCE has a BOA associate called to update us on our modification, we always have to call to try to get some answers. The answers are always the same: lost paperwork, found paperwork, review process, no answers. Since the start of this process, my husband Dale has since lost his job and we are finding it increasingly hard to pay our mortgage on my salary alone. In August, a relative had to pay the mortgage for us since we could not cover it for the month. This is not how we handle our finances, we thought we’d have a modification by now. Brian, we WANT to stay in our home, we WANT to get a modification based on 31% of our income, we WANT to pay our mortgage and not be late on payments. We NEED a home loan modification and we QUALIFY! Why then is nothing being done to help us out? You say you are trying to help one customer at a time. I AM ONE CUSTOMER AT A TIME.

xxxxxx

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On 09/30/10 Stephanie Montanez wrote: Dear Mr. Moynihan: I am very disapointed in your organization and cannot believe the run around that your company has given me. I have went through a home loan modification process for one year, I made 8 months of modified payments and then your company denied me because they failed to accept disability income that I provided them because I could not find the original determination letter given by California State Disability. I provided them with numerous print outs from the State Disability Office and none of them were considered. Now when I called them back and gave them our income information (my husband just returned to part time work) they are going to start the process all over again (another year of hell is to begin). The last straw today was that I received a statement from them and they are now setting up escrow accounts for me and increasing my payments by $510.00 from the original payment amount, which of course I cannot afford. I have always made my taxes and insurance payments separately and have never been late, so I do not understand why they are doing this. I thought the Federal Government gave you money to assist home owners, not to terrorize them, cause undue duress and threaten to remove them from their homes. If you can assist in this matter or lead me in the right direction it would be greatly appreciated. This was an old Countrywide loan that was converted to a Bank of America loan and my loan number is xxxxx, just so you know I have also filed this with the Attorney General as well.

I AM one customer at a time…..

Stephanie Montanez

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On 09/30/10 Bill Koch wrote: Brian, My name is Bill Koch. I applied for a loan modification 2 year’s ago with Countrywide, now BAC. I have been lied to & deceived over & over again by every department within BOA. I have kept very accurate notes on this with names & dates. My acct. # is xxxxx Here’s my story Brian, should you care. Three years ago I was injured in an accident and damaged nerves in the back of my neck. I was taken to the hospitol paralized from head to foot. Then I went to re-hab for about a year & went from a wheel chair to a walker to a cane. mMy wife was my care giver & I am unemployed. When I started the loan modification I was 2 payments behind. I am still only 2 payments behind. I can’t believe someone with my circumstances can’t qualify for one of you “so called programs “. At one point I was told to expect the New loan documents to arrive any day & to just sign them & send them back. What a joke, still waiting !!! Since then I have received mailings that I was turned down, & notices like the one a week ago saying it is still active & be patient.

On 09/30/10 Linda Botto wrote: My fiance and I have been trying to talk to Bank of America for the last 9 months and have got nothing but the run around time and time and again. We first contacted BOA in January and were sent a Making Home Affordable Modification Program on 04/26/2010. I send them all my financial information and I was denied on 07/31/2010 because I fall at the 31% margin.So then I asked for an in house modification , I waited and waited for my case to be reviewed but got no responses. Finally, on 08/25/2010 I was told that my account was under review. But still had no responses. Finally on 09/02/2010 after talking to about 6 different representatives Marisa (Ext.9790) took my financials over the phone and said I was pre-approved for an in house modification that I should be receiving a FED EX package with int 7-10 business days. Since that time I have called every week for an update and have talked to over a dozen representatives that have said “Give it till the end of the month, it takes a little longer.” Today, I call because it’s the end of the month and I’m told conflicting in formation. I’m told their is no package that is sent on an in house modification. I’m told first that I have to send my financials my fax to1-800-658-0395 then the process can begin. So, I asked to talk to a supervisor named Jennifer Black because now I have lost a whole month and very representative that I had talked previously had never mentioned that I had to fax my financials. So, I don’t know who to believe anymore…… I feel that this is all terrible joke. But, I went ahead and gathered all my financials that totaled out to be 61 pages and sent them by fax. Again, I called BOA and I talk to another representative that says the supervisor is wrong and that I should be receiving a pre-paid envelope from FED EX that will contain the information that BOA needs from me. This is a constant struggle with your bank, I get transferred between 3-5 different departments every time I call because some how I always get transferred to the wrong one department and when I do finally speak to a representative I get and different explanation every single time. These tactics that are being used by BOA have been very misleading and it appears that I have intentionally been sent the wrong route to try to delay any resolution to my current situation. I have a sale date for foreclosure on December 10,2010. That is why I need need a resolution to my problem right away, with all the constant delays I fear I will loose my home. The sale date will come and BOA’s answer will be “Your account in still under review.” I’m beyond frustrated. PLEASE HELP!!!! I WANT TO SAVE MY HOME

Yes, I have fallen behind on my mortgage payments due to no fault of my own (a detailed explanation would take 3 pages), But now I can afford to make my payments and I been continually denied any help all I want is to be able to get back on track. I get a different answer every time I call the bank for an update. I am frightened and saddened by the thought of losing my home. Since the foreclosure date was set on 09/03/2010 I have hand difficulty concentrating at work and I barley get 3 hours of sleep every night. The idea of loosing my home weights very heavy on my heart the stress of the situation is killing me. I am willing to do anything to keep it. I would appreciate it if you could work with me. I have a fax machine in my house and I can send any additional information right away. If you would like to speak with us please call my fiance James at xxxx

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On 10/01/10 Earlene Sexton wrote: I am about to lose my home. I was given a loan modification that was at 2% for two years, problem with that is that I bought my house for $285000.00 and it is now listed for short sale for $119,000.00. I tried to get the bank to do a principal reduction but since you gave me this great loan modification that I never asked for I don’t qualify for a principal reduction. I spent my life saving on a down payment on this house, made my payments on time and in the five years combined with my down payment I could of already owned this house free and clear for what it is worth now. I am a single mother that has struggled to provide a home for myself and my kids and look how easy it has become for your bank to just come in and take away everyone’s hardwork and dreams. Your loan modification didn’t help me at all, it was less than $100.00 a month from what I was paying already and it should of been more and the paper I signed said it would be more but when I got my first payment it wasn’t what I agreed to. No explanation as to why, the taxes and insurance didn’t go up. I am now left in the position of having a rent a place to live, I would like to buy a house and actually be able to make mortage payments on something that is going to be worth what I am paying for it but since I decided to stop paying on a house that was $150,000.00 underwater it has ruined my credit and I cannot buy another one. My rent will cost me twice as much as an actual house payment would in today’s market so you have screwed me all around. Not to mention the fact that there are so many abandoned homes in what was once a very nice neighborhood and most of them B of A. All of these wealthy investors now have the opportunity to buy these house for dirt cheap and rent them out for 2 to 3 times what the payment on them is for, and it is us former homeowners that have to rent because we are not able to buy one ourselves even though we had good credit and alway paid our bills on time. I will bet that you sleep well at night in your million dollar home, I will bet you are making a fortune buying homes for cheap and renting them out. I will bet that all your friends are making a fortune too. I guess you get to live the American dream on the backs of all of us that have worked our butts off. Make sure that you stop on the street and help out a homeless person everyday, they are probably there because of your bank.

Earlene Sexton

Update on 11/23/10 Earlene Sexton wrote: I am writing again because even though my loan is being looked at for a modification my foreclosure date is looming. I have sent several email to the person who is looking at my modification and rarely hear back. I have a feeling that I am going to be yet another B Of A customer who’s house gets foreclosed on during a loan modification. To make matter worse, I need to know if I am going to be approved for the loan modification or not because if not then I do have someone who is interested in purchasing my home in short sale. I had listed the home in case the loan mod. didn’t work out so I could at least do the right thing and try and get it sold. I cannot do either one of these things if the bank will not give me time to do them.

I would think that if a loan modification cannot be done than the bank would rather the home be sold. I had excellent credit before all of this and would someday like to purchase another home and the short sale instead of foreclosure would help me be able to do that sooner.

I have a copy of all of the emails that I have sent regarding this loan modification, I would also like to speak with someone about a short sale as another option.

I have sent in all info for the loan modification that they asked me for, sometimes 2 or 3 times which I have heard is normal. I am also 100% sure that my foreclosure documents where wrong when they came to me, nothing was notorized or done properly, I will speak with an attorney soon if I can’t get any answers from B of A. I also know that my paperwork was signed by a robosigner and from a law firm that had no right to foreclose on me since they aren’t the people that I have the loan with.-Earlene Sexton

Update on 01/09/11 wrote CEO: I am writing again in reference to my loan modification. I have not heard anything from anyone in awhile and again my house is set for auction on the 24th of January. I am assuming that since my home is in the loan modification process that it will not be auctioned on this date but since I haven’t heard from anyone and the auction date has not been changed then I could very well be loosing my home on January 24th.

I am not even sure at this time who I am suppose to contact. I was working with Jamie Dzurkov and the last message I received from her was to fax in my energy bill which I did the day after I got the message, she said that was the last thing she needed and she would submit my folder to the loan Mod. department for the making home affordable program.

I would very much at this time like to know if I will be homeless on the 24th or if someone is working on my file and just hasn’t postponed my auction date yet.

Please let me know as soon as you can so I can find a place to live.

Earlene Sexton

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Update on 11/23/11: I recently received a loan modification from Bank Of American after several months of filing out paperwork and waiting while my home was very close to forclosure. I have made all of my payments and things were going quit well until 11/10/11 when I unexpectedly lost my job. I am now very worried that I will have a hard time making my loan payments since I am not sure when I will find another job. I have been putting in applications everywhere but no luck so far. I have applied for unemployment for the first time in my life and do not want to be on it or lose my home since unemployment does not pay enough to cover my payment or anything else. In Arizona where I live the max amount is $240.00 per week which is not enough to cover my payment.

I cannot find any programs for people who received a loan modification and now need assistance because of unemployment, I obviously did not think I was going to lose my job but for financial reasons within my company I was let go. I am a single mother and the only source of income so I have noone else in my household working to make this payment. Is there anything I can do at this point so I don’t lose my home in case I cannot find employment soon?

Any help would be greatly appreciated, even an offer of employment from BofA would help put me back on my feet, I have the skills to work for this bank and can send in my resume.

There are some of us that are truly hard working Americans who want to work and pay our bills but cannot find work because of this economy and I happen to live in one of those states where the unemployment rate is extremely high.

Earlene Sexton

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Update on 11/30/11:   Dear Brian:  I recently sent you the letter below, I have not heard from anyone as of yet. Please call me about this:

I recently received a loan modification from Bank Of American after several months of filing out paperwork and waiting while my home was very close to forclosure. I have made all of my payments and things were going quit well until 11/10/11 when I unexpectedly lost my job. I am now very worried that I will have a hard time making my loan payments since I am not sure when I will find another job. I have been putting in applications everywhere but no luck so far. I have applied for unemployment for the first time in my life and do not want to be on it or lose my home since unemployment does not pay enough to cover my payment or anything else. In Arizona where I live the max amount is $240.00 per week which is not enough to cover my payment.

I cannot find any programs for people who received a loan modification and now need assistance because of unemployment, I obviously did not think I was going to lose my job but for financial reasons within my company I was let go. I am a single mother and the only source of income so I have noone else in my household working to make this payment. Is there anything I can do at this point so I don’t lose my home in case I cannot find employment soon?

Any help would be greatly appreciated, even an offer of employment from BofA would help put me back on my feet, I have the skills to work for this bank and can send in my resume.

There are some of us that are truly hard working Americans who want to work and pay our bills but cannot find work because of this economy and I happen to live in one of those states where the unemployment rate is extremely high.

Earlene Sexton

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On 10/03/10 Dave Coupe wrote: YOUR SO CALLED LOAN MODIFICATION PROGRAM IS FOR CRAP.IT TOOK 36 MONTHS, REAMS OF WASTED PAPER, HOURS OF WASTED PHONE TIME, STRESS, EVEN HEALTH PROBLEMS. SO YOU BASTARDS COULD SELL MY HOUSE,WHILE IT WAS IN ACTIVE NEGOTIATIONS…….WHY????? THAT’S LIKE BUYING A CAR, AS YOU DO THE LOAN PAPERS, ANOTHER SALESMAN SELLS THE SAME CAR TO SOMEONE ELSE !!!NO OFFER WAS EVER MADE AS TO A MODIFICATION,, AND TO ADD INSULT TO INJURY,, AT THE SAME MOMENT I WAS BEING SERVED EVICTION PAPERS, B OF A, (BANKRUPTING OF AMERICA) WAS CALLING ME TO SEND IN MORE INCOME VERIFICATION, FOR THE MODIFICATION…. WHAT THE @#$!, THIS IS HOW YOU RUN THINGS,, YOU COULD USE SOME LESSONS IN COMPASSION, AND HONESTYAS FAR AS B OF A,I WILL SPIT AT THE MENTION OF YOUR BANK. TILL I DIE…P.S. IF YOU HAVE THE BALLS,I WOULD REALLY LIKE AN ANSWER,DAVE COUPEAMERICAN VETERAN AND DISABLEDUpdate on 10/07/10: HMMMMMMMM.   one phone call, (message),  and thats it WOW …it seems to me that the reason you are so busy is that, there are just too many complaints about your BANK and OH YES LETS NOT FORGET YOU…still waiting.. dave coupe…..

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On 10/03/10 Donald C. Rabbitt wrote: Dear Mr. Moynihan: My name is Don Rabbitt, my wife Helene and I have been attempting to get some sort of mortgage relief or a loan modification. We fell behind in our payments, due to health and financial setbacks, have tried twice to get a loan modification, once was approved but your company gave us paperwork with errors, errors acknowledged by your staff, who said that they would send new paperwork. While waiting for the new paperwork, the offer to modify expired, only to have your staff tell us to start over again in the “Making Homes Affordable Program”. We were later refused because our payment exceeded the 31% of net income threshold. Your company sent us aletter stating that someone would contact us within 10 days with other solutions to our situation. That was five months ago and still no options. In the meantime you have sent us a Notice of Default, yet your company’s “home retention” phone representatives continue to state that our loan is under review with the “underwriter” and/or “negotiator”. What kind of bologna are you feeding us?

Your company’s continued incompetence and runaround over more than 12 months leave me no choice but to seek legal council and action. If someone with authority to get something done does not contact me within the next five business days, I will be turning this matter over to my lawyer.

“I support John Wright vs. B of A Lawsuit!”

“I AM ONE CUSTOMER AT A TIME.”

Sincerely,

Donald C. Rabbitt

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On 10/04/10 Amber Burnett wrote: My name is Amber Burnett. My case may be slightly different than most others. I bought my first house in Louisville, KY in November 2001. My husband and I were required to move to Nashville, TN on short notice in 2005, so we were lucky enough to find tenants to rent the home without having to worry about selling or paying two mortgages. The tenants were excellent and paid rent on time, but they were still only paying about 80% of what the actual mortgage was, so we were still paying out of pocket for the home. In late 2008, my husband and I moved back to Louisville, only to find him lose his job a few months later. Your company should have phone records or notes of numerous conversations I have had with them trying to do loan modifications at this time. The first time I applied, I was told that our income was too low (of course, my husband just lost his job) and we did not qualify. At this same time, our tenants moved out for health reasons. So now we have half of our income and double our mortgage. I did fall behind on two payments, but kept paying as I could. When my husband got back to work, our income was still lower than before, but better than the last time we applied for a loan mod. Well, low and behold, this time we made too much money to be eligible for the loan modification. We also found new tenants at the end of 2009, but we soon found that they could not pay the rent as promised, so we were constantly late with our mortgage payments. At this time, my only option was to be on a repayment plan with BofA because that is the only option they would give me. Of course after being late on that plan twice, I received the letter of intent to accelerate. The letter, as per the usual letters, gave me until the end of June 2010 to get caught up. I called on June 15, 2010, only to be told foreclosure was filed on June 14, 2010 and they could not accept my payment. She told me she would send me a packet of paperwork to fill out, but that it could take up to 6 months before I hear anything back on that. I also filed an answer in the county clerk’s office explaining this whole story within 20 days of being served, but it appears that BofA just began pushing the paperwork through even faster after that was done. I call to get status on the paper work I sent in and have been told the case hasn’t been reviewed yet. Our tenants have since moved out as realtors descended like vultures on the property and the tenants found out that way before we could tell them. They didn’t pay rent since June and abandoned the property in August, without paying any utilities. So, the department you have working on the paperwork to resolve these issues is taking up to half a year to complete and reach out to customers, but the department that is in charge of taking possession of these houses pushed my whole case through in a couple of short months. I received a sale date of 12/7, which is less than 6 months since this whole process started. Many people I speak with say this is the fastest foreclosure they have heard of. Here’s where my case differs. I am over this mess. I have come to terms with losing the house. It is not my main home and I would rather be rid of it than putting any more money into a house that I am going to lose money on anyway. The house has no utilities and I refuse to get them put back in my name just for the bank to take possession of the house. My main concern is what I will be liable for once this is all said and done. Kentucky is a recourse state. I have tried several times to contact someone about what needs to be done to get a deed in lieu, only to be told that since this is investment property that I am not eligible for so many of the programs everyone else is. My credit has been demolished since this whole ordeal. I want to be sure that in deciding to just let this process take it’s course that I will not be held liable for the difference of what is owed (or what is just increasing due to judicial fees) and what the bank gets for the house. I will deal with my credit in a few years, as I do not use it for much anyway. My issue with this whole process is lack of structure. Not one person I have spoken with on the phone since we began having issues in 2009 can help me. When paperwork is sent for me to fill out, it disappears and there are no records on your end of anything. I was not happy when Countrywide bought my original loan, let alone when BofA bought Countrywide due to the stellar reputation (sarcasm) that you both have. Any correspondence from someone that can actually provide help would be greatly appreciated.

I support John Wright vs. BofA Lawsuit!

I AM ONE CUSTOMER AT A TIME  

Amber Burnett

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Tags: bac home loan mod complaint