United We Stand BofA Page 9

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On 10/20/10 James Williams wrote:  Good Morning Mr. Moynihan, I am writing this letter in response to the unprofessional and negative responses that I have received.  I started this process almost a year ago and I have yet to receive a denial letter although when I called this past August, I was informed that I did not qualify for the first program.  To date, I have yet to receive that letter.  In addition, I have dealt with several people over the phone whom stated that we have your paperwork, we did not receive your paperwork (although mailed in a FedEx envelope from your company), offered me a tracking number and when I called back no one knew what the tracking number was for, spoke with a Rojuline Dixon who informed me that I need to resubmit my paperwork and then she would forward it which was faxed on July 7^th.  Now I have received another letter from Ms. English.  She was very professional on the phone however, she could not obtain my paperwork so I have had to forward it a third time.

To date, I have not received a letter acknowledging receipt, denial or approval of the modification.  I did receive a letter dated Oct. 5^th that I was missing my financial documentation (1040) forms.  I have tried to contact Ms. English over the past week and have yet to get a response.  This has gone on long enough.  I am tired of getting a different answer from a different person every time I call.  I’ve also been informed that departments cannot communicate with other via the computer so if one department has your information and the other does not, no one knows anything.

Therefore, I have had enough of this and decided to take matters into my own hands and write you.  This is next to my last option.  My final would be to go public with this or file a lawsuit and perhaps I could get an answer then.  I am only asking for this loan modification because I had a drastic decrease in salary which makes it very hard to pay for this loan.  I borrowed money to ensure that I would not fall behind.  I attempted to pay over the phone and it took nearly two weeks to process the payment.

As mentioned earlier, I do not know what else to do so perhaps you can help resolve this matter.  It would be greatly appreciated to receive a response from you regarding this matter.

Sincerely,

ONE CUSTOMER AT A TIME

James Williams

Update on 10/20/10:  I just wanted to write back to let you know that I have contacted them again.  They informed me that they have received my email from the CEO’s Office and has assigned my account to the Office of the President of Home Retention.  I will be assigned an Advocate within three to five business days.   I will keep you informed of the progress. 

Thanks again for your website and link to the CEO for it was greatly appreciated.

Sincerely,

James Williams

Fed Up with BOA

Detroit, Michigan 

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On 10/20/10 Laura Jones wrote:  Brian, My name is Laura Jones.  I am the co-borrower and the owner of the current address on the loan.  I have recently divorced and was awarded the home. I wanted to explain my situation a little bit.  My ex husband had been working only part time last year (2009) and in October when the taxes were due we decided to pay the taxes with the house payment.  I had contacted BOA to see about using a coupon to extend the payment to the end of the loan and was not able to do so because I did not send the coupon in otherwise we would have qualified because we had not been late in the last 12 months or so.  I called instead, because I pay the house online through the checking account and was told that I had to send the payment in with the coupon and I could not get it in the mail in time to get the payment there by the 1^st of the month.  During the time of separation from my ex-husband the house was occupied by him and I had moved out and the loan was not paid for two months.  Although he had told me it was paid. During the divorce, my ex moved out and I returned to the home at the end of the month of January 2010.  I made every payment since February.  In August was contacted by my ex husband and was told that the house was in foreclosure.  I had not received anything from BOA.  In the mean time, on August 26th, I contacted your home Re-modification loan department to try to get this resolved.  I spoke with your agent who informed me that I was a candidate for the re-modification process and would send me the paper work.  At the time of the call, the loan was delinquent in the amount of $1191.13. The agent informed me of the process of which I will need to return certain documents and continue paying my loan on time.  Which I have.  After not hearing anything or receiving anything after almost a month.  I visited my local branch, which had no idea what I was talking about and had me sit down and call the number which I had previously called on 9/24/10.  I spoke with another agent who informed me that there was nothing in the computer regarding my call on 8/26/10 and that she could escalate the packet to me.  She told me to call back in 10 days if I had not received the packet.  On October 6, 2010, I called again, spoke with yet another agent who did not see anything in the computer regarding the previous calls I had made and no packet being sent to me.  She then transferred me to another department where I spoke to a gentleman who actually found where I had called the first time and the called the vendor who was suppose to have sent out the packet on September 28th, 2010.  The agent told me to wait until the following Tuesday (October 12th, 2010) and check to see why I have not received my packet.  On October 13th, 2010, I called again and was told that they did not have a tracking number listed and she supposed that the vendor had not sent it out yet.  The packet was suppose to come via Fed Ex.  On October 15th, 2010, I received a Request for Payment Assistance in the regular mail.  I then proceeded to send the paper work to my ex-husband which has refused to give any of his financial information.  So I decided to call back to see what my options were.  The agent told me that I had to have his information, although, he has not paid a dime on it.  I have made every payment this year from the time I moved back in the house at the end of January.  The agent told me that I would probably be denied since my ex has gone back to full time position.  My question to you is, why can I not get assistance to extend the three payments to the end of the loan, which I will eventually pay for?  I was awarded the house and I have kept up with the payments since I moved back in.  If I was approved the re-modification, I could afford to continue to make the payment.  I was informed that I now owe $1753.00 on the delinquent payments.  I can not afford to pay this amount.  Although if the re-modification would be approved, I could continue making the payment.  I did not know who to talk to about this.  If I ask an agent to talk to their Manager they tell me that he is not in and wont give me a phone number to reach him.  Please advise.

Thank you,

Laura Jones

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On 10/20/10 ATAY RAMIREZ wrote: My Complaint is regarding the incompetent service I was provided when I applied for a Loan Modification. After 16 months of mailing, faxing, emailing all the requested documents My home was forclosed. This is the final email from the Loan Modification Department:

From: “Silver, Robin” <robin.silver@bankofamerica.com>

To: ATAY RAMIREZ

Sent: Mon, October 4, 2010 8:25:07 PM

Dear Mr. Ramirez, I sent a postponement request however I was denied by that postponement desk because it was less than 8 days remaining prior to sale date.  I received your file in my pipeline on 9/24 which was already less than 8 days, but I thought I give a try.   My alternative was to quickly submit your modification request for final review, requested the outstanding items from you and as soon as I received I sent to final review for approval on 9/29.

Please call our Customer Service Dept @ 800.669.0102, they should be able to route you to the appropriate area.  You may need to request a rescission (of Sale) and they will connect you to the necessary department.  I do apologize for the back and forth, I  will notate your request in the note section of your file accordingly.

Regards,

Robin Silver

Home Service Specialist II

Loan Modification Team

On 10/20/10  Senka wrote: Dear Mr.  Moynihan, I would like to bring our case to your attention in a hope that suitable solution is feasible for our family.

On July 31, 2009, we had received a letter from the BofA confirming our eligibility for the Fannie Mae Home Saver Forbearance Program.

On pg. 3, section C. of the said agreement there is a paragraph regarding the Additional Assistance:

During the Deferral Period, Servicer will review my Loan to determine whether additional default resolution assistance can be offered to me.  At the end of the Deferral Period either (1) I will be required to recommence my regularly scheduled payments and to make additional payment(s), on terms to be determined by Servicer, until all past due amounts owed under the Loan documents have been paid in full, (2) I will be required to reinstate my Loan in full, (3) Servicer will offer to modify my Loan; (4) Servicer will offer me some other form of payment assistance or alternative to foreclosure, on terms to be determined solely by Servicer with the approval of the investors or insurers on my Loan, or (5) if no feasible alternative can be identified, Servicer may commence or continue foreclosure proceedings or exercise other rights and remedies provided Servicer under the Loan Documents.

Contrary to the above agreement, BofA did not offer nor provide any resolution nor correspondence during first six months of the Forbearance Program.

Argument:       We argue that our mortgage has been wrongfully submitted for the foreclosure, due to the BofA omission and lack of compliance with the agreement.  During first six months of Forbearance Program, we never heard from the BofA.  However, recently we have been approved for the three-month trial mortgage modification.  If the BofA had been doing their review process diligently, we would never end up in this situation.  Due to our eligibility, we should have been approved for the modification at least by March 1, 2010. BofA confirmed that eligibility on September 2, 2010, six months after they have decided (without our knowledge) that our mortgage is not qualified for any additional assistance.

(2) Mortgage Payments

Since not receiving anything from BofA, I called their customer service during the month of February 2010, trying to get an update on our case.  I was told that we should continue with our scheduled, forbearance payments until we do not get a letter from BofA with a final decision regarding our mortage.

On  February 27, 2010, I called BofA’s pay by phone service, and authorized that payment of $951.72 be withdrawn from our checking account (forbearance agreement payment).

On March 3, 2010 we noticed that our account had been over drafted by the BofA for the payment amount of $1,730.40.  I immediately called BofA customer service department stating that our checking account has been overdrafted by the incorrect and unauthorized withdrawal from the BofA.  We accrued insufficient funds fees. The call occurred on or around March 11, 2010.  I spoke with customer service representative Tarik (not sure if this is the correct spelling of his first name) and he reassured me that the withdrawal is a mistake and we should continue with Forbearance Program payments until we receive a written notice from the BofA.  That payment had been returned to our account, due to the insufficient funds and then taken again after couple of days.  On March 15, 2010 our checking account had been overdrafted by the BofA, this time in the amount of $1,905.44, causing another insufficient fund fees.

After my complain, that amount had been re-posted to our account.

On July 15, 2010, we have received a letter from BofA’s lawyers, informing us that the foreclosure procedure has been initiated against our property.   During that period, we also became aware of the mortgage modification option and have requested the required documentation from BofA.

Argument:         We ask that our conversation with above mentioned customer service representative be reviewed and enclosed as an Exhibit in our case.  We ask that any late charges, which does not correspond with the forbearance payment, be dismissed due to the negligence of the BofA and their customer service department.  Those charges cover the period between March 1, 2010 and October 1, 2010.

(3)   Mortgage Modification

As previously stated, we had been approved for the three-month trial modification on September 2, 2010, with payments in the amount of $1,775.45 to start on October 1, 2010.   Due to the previous BofA negligence, and incorrectly applied late and delinquent fees, the requested mortgage modification payment is extremely higher than it should be if the modification took place before the past due charges had been added.

I really can not comprehend how this option can be called “modification” when it is higher than our original mortgage, which used to be $1,730.45.

However, we sent our first payment under modification trial period and it had been applied to our mortgage on September 30, 2010.

(4) Foreclosure Process

On page 4 of the trial approval letter, under Additional Trial Period Plan Information and Legal Notices, there is a paragraph:

The terms of your trial period plan bellow are effective on the day you make your first trial payment, provided you have paid it on or before October 1, 2010.  You and we agree that:

We will not proceed to foreclose sale during the trial period, provided you are complying with the terms of the trial period plan.

However, on October 15, 2010, we have received a letter from the Commonwealth of Massachusetts Land Court, informing us that plaintiff (Ixis Real Estate Capital Inc.) has filled a complaint for authority to foreclose said mortgage.  This public notice has been printed in the local newspapers also.

Argument:        We argue that BofA is systematically failing to comply with previously signed agreements (in this case – Mortgage Modification). In addition, their Loss Mitigation Department did not inform the Foreclosure Department that our mortgage is under three-month trial modification period.  As our case demonstrate, BofA, routinely file foreclosures at the same time that their loss mitigation department considering and approving requests for mortgage modifications.

Under the Mortgage Modification agreement, BofA cannot continue to pursue the foreclosure proceedings so long as we are performing under the said agreement.  In addition, we are asking to receive a copy of the servicing agreement between Bank of America and Fannie Mae.  Lastly, we ask that all foreclosure actions be stopped, as guaranteed by the agreement, until the final resolution has been reached.  In addition, we ask that the Public Notice be annulled in the local newspapers.

I support John Wright vs. BofA Lawsuit!

 I AM ONE CUSTOMER AT A TIME … I AM ONE HUMAN BEING AT AT TIME…

Sincerely,

Senka

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On 10/20/10 Joshua Gulley wrote: Brian, I am following up on the email I sent previously. I have not gotten a response as of yet, I suppose due to the fact that BoA has nothing to gain by me doing what is right without the help of a modification. I need to have this house refinanced for a multitude of reasons, but I can’t do so with you guys reporting negative information to my credit, which really leaves me no incentive to pay my mortgage since my score is already gone down the drain.

Like mentioned previously, the modification team assured me that I was not going to be reported late, and yet BoA failed to even get that right. The deal on my loan was originally not even supposed to be a modification, but the story as it was told to me was the 3 payments I was to miss prior to Hurricane Ike were going to be rolled back into the loan with a minimal impact on my monthly payment.

Two years this has been going on now, seriously guys? It is ridiculous. I am again asking in writing for the assistance of the bank who holds my loan to get this rectified. Communication is key to getting this resolved I a timely manner, so please, by all means reply to this message with some type of communication. My phone number that I can be reached at is below. This is a business line and should be only used as such; do not give this number to the debt collection goonies, as it’s a government number.  Once again, I look forward to hearing from you regarding my account.

I support John Wright vs. BofA Lawsuit!

Joshua Gulley

Update on 01/15/11 Josh wrote: Brian,  After I sent this email to you, the company obliged by pulling the negative information off my credit report, however it is finding it way back on there now. BOA just posted to Experian that I was more than 150 days late on my payments, etc etc. And One of the other reporting agencies shows the same thing, which is of course, dragging my credit score back down.

Per the last email, I am setting myself up for a 15 year refinance by paying this stuff down, but I can very well refinance and not default on my loan if my credit score continues to be affected because the left hand at BOA is not talking to the right hand, so to speak. Please remove the information (again) since I have held up my end of the bargain in repaying what I owed (and more) and I am continually on time with these payments.

V/R,

Joshua Gulley

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Update on 02/20/11 Josh wrote:  Brian,  This should be the last letter I need to send regarding this ordeal. As I lay in bed and pondered last night what I would say in this email, in hopes that you guys could get this thing right this time, I thought about possibly putting together a Power Point presentation on exactly what I was asking for, since I’m sure everyone on this distro email address is used to seeing those. However, I know how monotonous those can be so I nixed that idea, and instead thought perhaps a couple screenshots and visual aids in the body of the email would suffice; so here goes.

            As you guys most surely know, Bank of America reports credit information to all three credit bureaus Experian, Trans Union and Equifax, and I monitor all three with fresh report 2-3 times a month. I am no longer late on any payments from the later 2008/early 2009 fiasco that was offered to me in the form of “deferred payments” which turned into a modification by BOA for whatever reason when you acquired Countrywide, however your company is not only reporting me as being negative by $2700 to Trans Union and Equifax, you are also reporting me as being late as recently as 2011. This is entirely false as the payments I missed were in Late 2008 into 2009, and I haven’t missed one since. Like I stated previously, none of this garbage would be going on if I hadn’t decided to accept the “help” that the mortgage company was more than willing to provide after a natural disaster. So if you must report to the bureaus anything other than CURRENT ACROSS THE BOARD FOR MORE THAN THE LAST YEAR, then please report it as late in 2009, not 2010 or 2011.

 I told you guys my goal was to refinance this house to lower the payments so I can afford to be at home with my 2 year old son instead of working in a WAR ZONE so I can afford the little house in a not so great area. I can understand paying $1400 a month for a house twice the size in a better area, but definitely not the house I currently own. Please assist me in this as I have done the right thing, and repaid my debt to your company without the assistance of the Bank and your Home Affordable bullcrap. I applied twice only to have the modification cancelled both times…. I am not asking for much, and I am not pursuing legal recourse as of yet, and will not have to if you just ensure that your employees report it correctly and on time this go around… as you can see I have been sending you these emails for almost 6 months now and it still hasn’t been accomplished….  

Thanks for your prompt attention to this matter, and have a superb week. 

I am One Customer at a Time,

Joshua Gulley

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Update -On 02/28/11 Josh wrote: Brian, I can’t refinance with the false credit history the bank is giving the bureaus. I was not late on my payments in 2010 or 2011. Please fix this. It needs to show no late payments in the last 12 months for the lenders to consider my application. Again, please assist. I will write one letter per day from this point forward. You couldn’t get the modification right twice, and now it seems as though you don’t really care whether or not I can afford this house

Brian attached chart

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Update on 03/08/11 Josh wrote:  Brian, Is there something else you guys need from me in order to fix the late pays on my report? I can’t refinance with the false credit history the bank is giving the bureaus. I was not late on my payments in 2010 or 2011. Please fix this. It needs to show no late payments in the last 12 months for the lenders to consider my application. You couldn’t get the modification right twice, and now it seems as though you don’t really care whether or not I can afford this house.

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Update on 03/10/11 Jose wrote:   Brian, Is there something else you guys need from me in order to fix the late pays on my report? I can’t refinance with the false credit history the bank is giving the bureaus. I was not late on my payments in 2010 or 2011. Please fix this. It needs to show no late payments in the last 12 months for the lenders to consider my application. You couldn’t get the modification right twice, and now it seems as though you don’t really care whether or not I can afford this house.

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On 10/24/10 Ryan Espineli wrote: Hello Mr. Moynihan, I am writing you this letter to express my concern regarding the status of my Home Loan Modification. It had been almost 6 months since I have submitted my application but every time I try to contact Bank of America I am always advised that it is still being reviewed.
Either I am asked to provide documentation that I had already sent months ago or I am just being told by representative to try to call again to follow up in 2 weeks. I last called Bank of America last Friday & was flabbergasted to know from the representative that my documents were just recently “uploaded” into the system. I was further advised to wait for another 30 days for my application to be reviewed. I had requested to speak to a VP who heads the Home Loan Modification department but the representative said that a Manager was the best that they can do. As expected, the Manager had advised me that all I can do was wait.
I had explained to the representative that I have been awaiting for the modification for months. At this point I have missed 2 payments as a result of a recent job loss. As I am only trying to regain back my financial stability, I requested the representative if there was anything else they can do to help me find out the status of my Home Loan Modification. I was sadly informed as I mentioned earlier that I will have to wait.

Mr. Moynihan, as the CEO of Bank of America I am appealing to you to please help in intervening the application of my Home Loan Modification. I do not want to lose our house as a result of any delay of processing by the Home Loan Modification department. I am kindly requesting any assistance that you could extend to me on this situation. I am trying to explore all options at this point including taking legal action for any possible oversight or delay by the Home Loan Modification department with my situation. I am hoping to hear from your or the office of Ms. Patricia Barbosa soon regarding this matter.

Sincerely,
Ryan Espineli

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On 10/25/10 Molly Hernandez wrote: Dear Sir, I have been fighting with customer service for over a year now on my loan modification.  Each and every time I call someone has something diffrent to say…including im in the proceess, ive been denied, im in the second look, the system doesnt show your in forclosure but there is a sale date??…etc.  Now I am 7 days away from a sale date and cannot even get reinstatement figures.  I have called just this month over 10 times including with a representative from Take Charge America and we have had no help.

The representatives do not understand the process or cannot relay the correct information to me, each time its something diffrent. I NEED HELP FROM SOMEONE THAT IS COMPETENT AND KNOWS THE SYSTEM!! please I am a working customer that had a layoff and is back on track willing to pay and catch up on my mortgage.  I don’t know where else to turn to as i’m frustrated with the system and unable to get help from anyone at Bank of America.  Please let me know what I can do to get some straight answers…I need to keep my home for my family.  Your help in this matter will be greatly appreciate.  Thank you in advance.

I support John Wright vs. BofA Lawsuit!!

10/28/10-update

John grades as: Good Job Bank of America!

On 10/28/10 Molly wrote: John…thank you for your most insightful information provided on this website…my house was under forclosure after a year of going back and fourth about the modification proccess, I was tired of not getting straight answers. I emailed the ceo as you suggested and I got a call a day later from a loan negotiator saying my modification was approved. I had and agent assisting me from a non profit organization and he couldnt belive how quick it happened…I’m almost certain after my email someone had to thoroughly review my file..no more run around signed the papers and got my mod!! THANK YOU SOOO MUCH!!

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 On 10/26/10 Richard and Diana Trent wrote:  Mr. Moynihan, My name is Richard Trent and I have no idea if this is an actual path to resolution on my home loan modification with Bank Of America or just another part of your scam but at this point my wife and I are willingly to try anything to get to a resolution.

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Our ordeal began in June when we filed the necessary paperwork to be considered for modification.  That paperwork was rejected due to the fact that we CROSSED OUT a number to correct it and so, had to resubmit the paperwork.  The second set was accepted and as we have recently found out was approved on August 18th by BoA.  Now over two months later we call week after week and speak with a different representative who gives a different story every time.  We have now been told that everything is in order and we just need to be patient and wait on word from “the investor” to set a trial payment and get us back on the road to stability for our home and children.
Although we were told earlier that it is in fact, encouraging to call and check regularly for a status on our modification, to our surprise, we were told yesterday that we are in fact, WASTING OUR TIME calling in to your reps as it is now out of your hands entirely.  I could go on and list who we’ve spoken to and when.  The list and experience to this point is exhausting.  We truly thought you were there to help us.  How foolish of us!

So are we indeed being scammed?  Is your company simply lying in wait for us to default on our loan so that you can foreclose on us?  Or are we simply deemed not in need of your assistance as we continue to keep our mortgage payments current while we watch the rest of our bills pile up and put us deeper in debt?

In any case, while I’m always hopeful that this is an avenue to a cheerful close to our situation, I’m also a realist and don’t suppose I’ll be hearing from you or anyone in your office anytime soon. We can be reached at xxx-xxx-xxxx. Either way I’m going to sign this

I support John Wright vs. BofA Lawsuit!”

   On 10/27/10 Alicia D. MacDuff wrote: Dear Mr. CEO, I am not sure what kind of employees that you hire or the policies you may have but to treat your customers like they are idiots. I am annoyed that Bank of America bought my mortgage because now I have to deal with people who have no idea what they are talking about. Here I am, I played your loan modification game, finally got my loan modification done after a year and a half of headaches, aggravations, and stress and your company still can’t get it right. I have been fighting with you company for two weeks now to get my mortgage payment corrected!

It takes me an hour to get anywhere on the phone with 3 different answers to one question with 4 transfers. I have called, been transfered and even been admitted by your mortgage company that you are in the wrong. I have been admitted that you have messed up and I have to fight for what is rightfully mine?

You took the money out of my account and did not apply it correctly. So since it was not applied correctly since my Loan Modification in AUGUST- your systems are saying I am a month behind in my payment (which I am not), and I have been threatened that I am in breech of my contract with you and that you are going to return my loan to its original state! Yet! I have payed my payments on time, where the money was not applied correctly for the payment in August and I have to be transfered to the loan specialist who did the loan, Michael Minor. Although, he says he doesn’t do payments and has to “EMAIL” his manager! Doesn’t anyone use the phone? I can’t call anyone or TALK to anyone to get this resolved. Even better, Mr. Minor actually asked me if I had called customer service yet…… really?

As your company whacks my credit, which it already has destroyed to begin with, I have to fight with these people to get my hard earned money correctly placed while getting treated like I am a number.

I want my money back or I want someone to fix what they did wrong in the first place. I shouldn’t have to be punished because you hire incompetent people who can’t do their damn job.

This is retarded.

“I support John Wright vs. BofA Lawsuit!” 

I am one Customer at a Time!
Alicia D. MacDuff

Update on 11/02/10 wrote John: Hey there, Sorry it has taken me a few days to write back. I am on my honeymoon, Well after I sent my letter to BofA using your info, I did receive a phone call that very day a few hours later. Yet, they argued with me about my money. They stated and held their position that my last trial payment was disbursed to my payment back from march and that I am still owing them 700.00 on my loan. The trial payments are not there for  Month to month that consumers think they are but are back payments of my loan from the beginning of starting this scam.  So in their eyes, these jackasses say I am still a month behind and that I have breeched my contract. When in fact I paid my payments on time and they failed to tell me I would be starting my contract off a month behind.  Oh then somehow I lost signal with full bars… They did call back but it  went right to voice mail. I called back and got the same run around and haven’t heard from them since…. I am not sure what i want to do. I may send another email bc I feel cheated with my money…These people have set me up to fail from the beginning even though they flat out told me they messed up and closed my loan out wrong. I don’t even know if I want to play these games anymore bc they have done nothing but waste my time and punish me for being correct.

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Thank you though and when I do get home I will send you a copy of the next email and fight some more for what is mine to begin with!
Thanks, 

Alicia MacDuff

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On 11/20/10 Alicia wrote: Hey John, Just wanted to give you an update. I returned home from everything and actually received a call back from BofA. I decided to go ahead and shell out the $750.00 dollars for the missed payment from the beginning of loan mod. that was finalized in Aug. 2010. Since they did not take me trial payments to pay for the current month but back pay for the payments from Dec 2009, I started the new loan mod a month behind. They would not work with me when I complained about their ways and so I just payed them. I have worked so hard to play their games and I didn’t want to lose anything after a year and a half of this crap.

So since I payed the “missed payment”, they, Sherry, called me to tell me that my loan mod was finally complete. OH OK…. 3 months later after I signed the documents….Although I did lose my $80.00 good faith credit that was to be paid on my behalf because I missed my first payment! Oh thanks……

I told that lady they were a god damn scam, they set me up to fail to begin with and that they do nothing but steal money and homes from people. I told her that they threatened to foreclose on my home verbally if I didn’t pay the month because I was a month behind and that it was fucked up for them to do that. She admitted that there was a communication problem with the Home Retention Center…. well duh!… and I stated that there was not communication problem but the simple fact that there was no communication at all. I told her that BofA has ruined my life and my credit and I can’t even get school loans even though I played my part of the contract and paid my payments on time.

She said that she would put in a credit bureau fix on my credit from the time I started my trial period in February till July so that it shows I was not late on my payments. Isn’t that nice…?!?!?

Yet they could not do that for December 2009 and January 2010 because I was unable to pay… but she tried to trick me asking me if I was still unable to pay those months…. ummm yeah sherry… I had to pay for a funereal in November…And then couldn’t do it for August 2010 till now because I had missed those payments…Even though I didn’t miss those payments, they just rerouted my money so I started off with a missed payment.. and then I was never notified that I was late until I got my statement 3 months later….

What a bunch of crock….

Anyway, I wanted to give ya an update and let you know how it all turned out. I am sure that this is not the end seeing they always have to find something. Thanks for the encouragement and I am continuing to support you and all that you are standing up for!

Alicia Davis (MacDuff)

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On 10/27/10 Wendell Jennings wrote:  I went through HAMP with Bank of America and was approved.  Then the loan was transferred to hell. (LBPS)  They told me they did not received all the paperwork from BoA and I would have to start all over again. Which I did only to be denied October 13, 2010.Exactly 1 week later, I received another letter stating they were going to accelerate my loan. Calling them is a waste of time because you can never get through.  The only means of communication is writing letters and faxing.  The reason I was denied because they said I did not make all my payments to BoA. I have documentation from BoA stating I was approved and completed all my trial payments.  Of course, I mailed and fax these papers to LBPS at least 2X.  Mr Alfredo Medina was supposed to be in charge of my account, however, I have not received any correspondence from him. My next move is to contact my Congressman and consult an attorney. LBPS recent letter, I have to November 24,2010 to pay $7758.12 or they will accelerate loan.  I started HAMP with BoA, November 1, 2009 and it has come to this.
 

Wendell Jennings

On 10/28/10 Naomi DeLa’O  wrote: I am writing in desperation and anger at the way I have been treated within your loan modification evaluation process. I have been sent to various different departments and even with the help of a HUD Counselor I am still receiving the run around and getting no where while late fees and charges are added to my home mortgage. This has been going on for almost a year now. I could have been making full mortgage payments if only one of your loan reveiwers really sat down to review my income documents.According to the trained HUD Counselor who also has the HAMP system to assist in qualifying home owners I fit into the program. So why the long wait? Why am I to be harassed by letters telling me my home will be sold in a foreclosure sale? Why am I getting no where with Bank Of America? I am fully employed and more then ready to make mortgage payments to your bank. The poor treatment I have received is in excusable.I include the link to my blog which follows my experience with a modification atemp at Bank Of America You have been bailed out yet show no concern for the community that made you the huge institution you are today.

Sincerely

Naomi DeLa’O  

On 10/28/10 George Rooney wrote: My name is George Rooney: And my wife and I have been dealing with your Modification department since November of 2009, requesting for help with our mortgage payment. We have been doing everything possible to get our modification reviewed with No response. We are always told that to check in 10 days or we don’t have your financial s updated.

                                                                                                                                                                                              On 10/28/10 Karen S. Payne wrote: I am very happy that I have finally found some way to speak to someone, that might result in answers. I have been given the run around from boa for so long, I don’t even know where to begin. I was on your forbearance plan for 6 months supposedly. Which seems to be how I got in debt to you to begin with After the 6 months I called to get an extention, and was told they were going to put me on the making home affordable plan. 8 months later I still had no answer, but in the mean time they put me in foreclosure, then they put that on hold because they didn’t give me an answer on my making home affordable. Not long after that I got an answer that I did not qualify for the making home affordable plan. Now boa says they will go forth with the foreclosure as of October 31st. After calling sooooo many times and getting your run around, I had finally given up.Don’t want to be a quitter, so here I am.I would appreciate any help you can give me.

On 10/28/10 Atari Singh wrote:  I have included a copy of my original email.

here is a date line of what has happened so far

10/12 sent email
10/13 received a call from a representive of the office of the president at BofA
10/14  Account assigned to a senior negotiator
10/15 received a call from negotiator requesting document for the 5th time this year
10/18 faxed documents
10/20 advised to fax more documents
10/25 faxed documents
10/27 received a call from negotiator advising me of the terms of my modification

I have been trying since 12/2009 to modify my loan.  Finally  in a course of 2 weeks with help from you I have accomplished all this.  I hope its not too good to be true.  I should be receiving a modification package within the next two weeks.  We will see but i have not received a collection call in a few days so something has happened they were calling everyday.

Thanks for all the information you provided to help me get this thing rolling..

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On October 28th 2010 Maria Marrero wrote: Hello, My name is Maria Marrero.  I am a current customer and I have an active mortgage with your bank.  I am sure that I am not the only one to complain about the programs that you advertise on your website or your mail correspondences.  When President Obama first came out with the MHA program, I decided to try to apply for it.  The conditions that were explained to me about 2 years ago was that since I was not late on any mortgage payments, I would not qualify for it.

In October 2009, my family and I became desperate and found a company who scammed us out of $2000 who said they would negotiate with BOA to do a short refinance…I became aware of this scam in April 2010.  In May 2010, I started to become late on my mortgage payments…my son was just recently diagnosed with Autism, which is what led us to fall behind.  At that time, I also applied through BOA for the governments MHA program.  In July 2010, I began calling every week to check the status of my modifications…I have been told “to call back next week, it’s still under review.”  It is now the end of October and am a few months behind on my mortgage, have been put on disability, and have never had interactions with the rudest customer services reps in my life.  I continue to do weekly status checks and have received different answers from EACH customer service rep i encounter.  I am transferred from one deparment to another department to another department.  One night, I was even on the phone with BOA reps for 5 hours to try and get a straight answer.

This whole process has made my health deteriorate even more as I have also been told by my doctors to “take it easy as I remain on bedrest.”  I cannot “take it easy” knowing that BOA has been sending me notifications regarding accelerating foreclosure proceedings, but yet, I had tried to reach out for help to PREVENT this from happening 2 years ago and I was disqualified!  The stories that I have gotten from your customer service reps are that I was denied 3 times for a modification…all in which I never received any type of written notification (which, if this is a policy across the board, it should be changed!)  Any type of interaction with a customer service rep should be documented in detail on all computer servers for all representatives to see, including how many times a customer calls in one day.  I should not, as a customer have to call every 5 minutes to see if the other representative will tell me something different from the first.  I am very disappointed in how my case and situation has been handled this past year which has been difficult enough personally and financially.

I will also foward this email to the BBB and file whatever complaints I need to file with the Attorney General because at this point, i feel like I am being scammed with my own bank…you are no better than the frauds who swindle innocent and hard working people for money who say they will negotiate with our bank and handle the modification process.  I have not yet encountered anyone from BOA who has helped me and guided me throughout this whole process and made me feel comfortable that everything will be done so that it is possible to help keep me in my home.

I would never repeat any kind of business with BOA nor would I ever recommend your buisness to anyone needing a good bank to deal with.  Your customer services represntatives have no respect nor do they have the skills needed to be labeled as customer service at all.

I just wanted you to be aware, Mr. CEO, of what is going on in your company and how do you choose to rectify how poorly your bank has handled not just mine, but other customers cases to help them stay in your home and keep us as customers.

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On 10/29/10 Samantha xxx  wrote: Dear Ms. Desoer and Mr. Moynihan -Last weekend I went to transfer funds from a savings account to a checking account. Rather than transfer the funds to the checking account, the funds transferred to my mortgage.

The money transferred was not my money. That was my grandmother’s social security money and I was transferring it to pay her nursing home bill. I wasn’t offered an opportunity to confirm the transfer. I didn’t pick “mortgage” as the option. I immediately called B of A, but the person in the call center in Nevada told me that I had to call back on Monday. I called on Monday and was assured that the money would be returned within 48 hours. I was told that normally it would take 24 hours, but because I was behind on my Mortgage payment it would take 48. I asked “are you sure the money will be returned?” I was again told that yes, even though I was late on my mortgage payment, the money would be returned. (I am in the process of loan modification).
It is now Friday and the money has not been returned.

I called B of A and was put on hold, transferred and on hold again, spoke to several people, all of whom said the money would be returned.  Finally, I was told that because I was behind on my mortgage, the money would not be returned. I asked to speak to a supervisor and the person hung up on me.  This is not legal. You need to have a judge give permission to take money and apply it towards the mortgage.  Further – this is not my money.

Finally, your representatives told me they would return the money.
I went online to find your email address and information, and it seems this is not an isolated incident.

I am going to ask that you return my grandmother’s social security money.  If it is not returned, I will look into filing a class action lawsuit. I will also contact any and all banking regulators, fraud and theft authorities.

Please call or email me so we can discuss this.
The account was opened in Florida. The “confirmation” number listed

Samantha xxx  (Gulfport Florida)

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On October 29th 2010 Sherry Few Keymar wrote, MD : Dear Mr Moynihan, I have been trying to get a loan modification from Countrywide since December 2008, which since then Bank of America has taken over.  My paperwork that you have requested for modification has been sent to you six times and you have finally acknowledged that you have received it in May 2010.  Since then, I have called religiously and have been told over and over again that it is in underwriting (This has been for seven SOLID months!).  Meanwhile, you are able to get a new customer to settlement in thirty days!!!  It is apparent that you’re main priority is to acquire new customers and leave your existing ones out to dry!!!!
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I was approached over a year ago by the Farm Preservation of Carroll County to preserve my land for a substantial lump sum payment (which I was approved for), and Bank of America will not talk, send paperwork, or even consider it because I was late on my mortgage.  However, if Bank of America would take this money from the Farm Preservation, it would take care of my mortgage for the next several years.
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One of your very rude customer service representatives stated that they would not consider it because it would lower the property value, however, the property is appraised at $251,000 less than what we paid for it.  I ask you, would it not be more beneficial for your company to accept this money and work with me in the future than to foreclose on it, because I tell you, that seems like all Bank of America wants to do!!!!!
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While all of this is going on, I received a letter in September 2010 stating that you had paid my property taxes and my homeowners insurance because you said I was delinquent and that was not the case at all.  Then, when I called to get to the bottom of THIS issue, I was told that you paid these taxes/insurance because it was part of the loan modification process. Then because of this, the letter stated that my monthly payment was going to increase!  This is not a loan modification in my book.
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So, I am finally writing you because I called BofA on Tuesday, October 27, 2010 and was told by Terry that it was still in underwriting and he would give Cynthia (my negotiator), a message to call me back immediately.  I haven’t heard a word and I have been trying constantly to reach her and her voice mail is not even set up!  What is this!!!!
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So, I am waiting to go home and find a foreclosure notice in the mail because according to thousands of BofA customers, this is the way that you operate your business and handle your customers.  If I had a dollar for every minute that I have spent on the phone with your many rude, misleading, lying, uninformed customer service representatives, I could have paid my property off by now!
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You see Sir…. this is not a home that I can go out and replace, it is a 5th generation property that means more to me than words could even imagine!!  I have tried everything possible to work with your company, so I decided to go straight to the top and ask you……what more can I do?
 

I support John Wright v. Bank of America Lawsuit

I am one customer at a time.
Sherry Few Keymar, MD 

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On 10/29/10 Tammy Stein wrote:  Mr. Estrada  -Here is my Loan number- xxxxx.  The loan is under my husbands name, Mr. Randolph L. Stein.  This will give you a chance to look over our paperwork and get back to me via e-mail.  Your quick response to my e-mail is hopefully a step in the right direction to helping us in our Loan Modification process.    Also, one question I do have right now is what is the policy on employees giving me their employee identification number or extension number?  I keep a log of who I speak to and most of the time they give me their number.  There have been times where they won’t and one time the person on the other end told me that it was against policy to give it out.  I will not speak to someone who will not give me that number, so what IS the policy?

Mrs. Tammy Stein

update on 11/01/10: My name is Tammy Stein and here is my situation.   My Husband I have owned our home for 17 years and have always paid our mortgage on time, no missed or late payments, even though we only have one income, my husbands disability.  I don’t work, stay home to help him.  Our mortgage was with Countrywide.  In 2007, we refinanced to upgrade our windows to add equity and save on heating and cooling costs.  We didn’t go out and “buy more house than we could afford” just upgrading what we did have as we DON’T plan on moving.  Then the economy did a 180!  We all know how and why, but still we were able to keep up.  Then we found out that his SSDI  was not going to be increased for cost of living expenses, even though everything else did, I.E. utilities, medical costs and food.  Things we can’t live without, right?   So, at the beginning of March, I called Bank of America to find out if I could push back a payment or have it put it at the end of the loan so I could pay some bills and get caught up.  I spoke to Alyssa who told me that yes, I can do that, no problem.  Apparently I was misled.  As of right now, we’re only one month behind, but with the way the economy is and the amount we pay, we are “stealing form Peter to pay Paul”  while Bank of America keeps dragging their feet with our loan modification!  No wonder so many are losing their homes! Bend over America is stringing us along instead of doing what the taxpayer bailout was supposed to be used for instead of lining their pockets!   All this while I’m going to all these websites, reading everything I can find, the many complaints, the horrible experiences, the false hopes of many who think everything is going to be alright, only to find out that the rug has been pulled out from under them by way of their homes being foreclosed on anyway. Here is an example of how Ben over America employees feel towards their clients?     http://www.youtube.com/watch?v=ArI6q0WxbpU&feature  Plus the countless other examples, both audio and video found on Youtube.   One case I’ve followed is that of the Frosts and the hell that Bend over America is/has put them through! You can read it here, http://www.piggybankblog.com/2010/07/22/bofa-complaint-frost/   Is that what is in my family’s future?  Losing my home even after jumping through the hoops Bend over America puts before me?  When will it end?  I have been to Youtube and watched the hearings on Feb. 9, 2009.   A lot of Senators asking questions and being outraged at the glib attitude  of the ceo’s there.  What is happening with that?  Honestly if I or any Joe Shmoe pulled what these ceo’s are doing, WE would be in prison doing hard tome for a long time!  Why haven’t THEY been held accountable yet?  Why are they just getting a little slap on the wrist, if that?  WHO IS STANDING UP FOR US, THE TAXPAYERS?  

My name is Tammy Stein,

I support John Wright and I’m fighting back!

When I get to that point in my own modification process, I’d rather NOT do the trial payment period, just go to approved/ lower loan payments!  I personally wish I could afford my own Rest Report, but at 800+ dollars for a document that’s only good for 90 days is too rich for my and some others pockets!

Thank you for any answers you have.

Tammy Stein,

Victim of Bank of America

I support John Wright and his lawsuit against BoA and I am fighting back.

Update on 11/22/10: Ms. Sutherland  I am disappointed, but not surprised that you have not responded to my last e-mail to you for information on my modification.  I have been keeping up on the current affairs of the whole loan modification situation, including the hearings and meetings on C-span.  I also keep track of these events on a couple of websites.  If you would like to know which ones I will be glad to forward them to you.  Again, I am requesting information on the status of my modification and am waiting to hear from you. 

Update: 12/02/10 Tammy Stein wrote: Well, today I recieved via FedEx the letter from Bend over Amercia, telling me that we aren’t eligible for a loan modification! They told us that we have a negative NPV or Net Present Value. They state that the HAMP requires a calculation using a formula developed by the Dept. of the Treasury! Apparently this “formula” is top secret, hush-hush special magical formula that only is available to Very Special Piggys! In the letter, they state the available NPV inputs, but no numbers to explain it. If I want them I have to request it in the next thirty days!

Why didn’t they just include them in the first place?

Update on 12/08/10 BofA wrote Tammy: Mrs. Stein – Thanks for the quick response, I can get on this when I get in the office as I am checking emails from home. I will likely need other folks to help me resolve your situation, but you and I can stay in contact throughout so you have continuity. I will respect your request for candor and transparency and will let you know where we are and where we go from here when I’ve gotten to the office. I should be there within the next hour and you will be my first focus of the day. Hang on to those letters and emails in case I need them, but usually I can see everything from the system. I look forward to speaking to you.

Tawnya Schoolitz, Vice President

Bank of America Home Loans

Loan Modification Research

Tammy wrote back:  

Hello Ms. Schoolitz, Thank you for this update. I’m glad that she has all the information she needs to move forward. As to “monitor the outcome and advise me” could you clarify what you mean so that there is no misunderstanding on my part. Also could you give me an estimated timeline it will take?  Thank you.

I am Tammy Stein,

I support John Wright and piggybankblog and I am Fighting Back!

Deeds, not words!.

Update on 12/10/10:  Ms. Schoolitz     I guess I expected too much of you to actually call me back as you previously stated in your letter. Maybe next time you should word it as “as soon as you know something”  instead of “I will advise you in the morning”  making me think that you would actually call me.  Also I would like to know what credentials you have to qualify your status as vice president of loan modification research?  I found this in an article from The Associated Press and I quote “Depositions from employees working for the banks or their law firms depict a foreclosure process in which it was standard practice for employees with virtually no training to masquerade as vice presidents, sometimes signing documents on behalf of as many as 15 different banks.”   I would like to give you the benefit of a doubt and let you clarify or if I can just expect I will get customer shuffled again.  Maybe YOU should research the company you work for so you know what kind of people they are.  Or maybe you’re just grateful to have a job in this economy.  I can’t fault you for that!  Hopefully they increased your pay with that shiny new VP title!  Hope you have a Happy Holidays!  I know we won’t.   I am

Tammy Stein,

I support John Wright and piggybankblog and I am fighting back!  

 Deeds, not Words!         

Updated on 12/15/10 Tammy wrote: Ms. Schoolitz. Here it is Wednesday at 4:15 p.m. I guess I spoke too soon to expect you to actually keep your word on “Touching base on Wednesday” as YOU stated in your correspondence to me (below) even if to tell me you’re still working on it. Apparently I’m just another customer to be strung along until you take my home too! With all the people I dealt with and handed off to, I keep hoping that I would get someone who knows what they are doing and wanted to demonstrate that Bank of America did want to help their customers STAY in their homes! I am truly disappointed that that’s not the case. Maybe you DO know what you’re doing, stringing me along, lying to me to waste time until you can shuffle me off to yet another customer service person/whatever you call yourselves these days. All the while I keep reading all these articles, did you know how much Mr. Moynihan makes? I do! Christmas is next week, I hope yours is bright and your company X-mas party enjoyable, since we pretty much funded it, our s won’t be, tell my granddaughters that!

My name is Tammy Stein, I support John Wright and piggybankblog and I am fighting back!

Deeds, NOT Words! ..

Update on 12/16/10 Tammy wrote BofA: Ms. Schoolitz, Thank you for the update. When the file goes to the underwriter, I would like to know who my underwriter is. The last underwriter was Julie Bennett, so please don’t tell me I am not allowed to know.

Also, I had requested the information on the NPV evaluation. In the letter I received, it states, “we will provide you with the date the NPV calculation was completed and the imput values noted. Please see when it was sent or when I will get it. Thank you for your attention on this.

Go To comments at bottom of page to see further Tammy Stein History 

.On 10/30/10 Rhonda stenholm wrote: We were never late or past due until we started the modification trial period payments, we never had to have an escrow accout, after making over 6 months of trail period payments, as the paper work told us to  do to qualiy for the modification, and all the paper wrok has been approved so has the underwriting been apporved as of march 2010 we are stiil with no approval or have not been denied , now we are $10,000 past due on our mortgage thanks to B of A modification Stall tatics, I have filed another complaint with the OCC as of 10/29/2010  B of A has distroyed our credit by reporting our mortgage past due, and with holding all of our trial perriod payments, to make us past due,  This requires Immiediate attention on your Part Mr. Moynihan   I have contacted a lawyer, I know whats going on here,  I was told 10/29/2010 by a rep in the MHA at B of A department to have a back up plan because we will take your home, no one gets approved for the modifications…. So Please contact me through email at xxxx or my home phone xxx-xxx-xxx  or my cell phone xxx-xxx-xxx   I will let you tell me 13 year old daughter why we will be homeless,  if this modification is not approved now,  thank you ,   

I support John Wright vs. BofA Lawsuit!  

Rhonda stenholm 

On 10/30/10 Holly Kay Helms wrote: Last year I kept asking for a loan modification because between Hurricane Ike making me lose hours at work and my company changing work flow and my hours going going down I was having a hard time. They finally gave me the modification with no notice whats so ever. I called to ask about something else and that is when this lady told me about it. I started making the payments based on what she told me because my statements where coming in the middle of the month for the month due. So like for January I didn’t recieve a payment coupon till January 15th due January 1st. So I sent the payments with a piece of paper with the account number written on them so I could not only make the payments but make them on time. I didn’t want to lose my home. So I am making these payments like this with money orders most of the time I did sort of figure out the bill pay with the bank I was using but they were taking to long. I was trying to check the payment statuses but most of the time the website would not let me look at any of my account info so I just kept sending them blindly. Then in May 2010 I recieved a letter claiming that some of my payments were not recieved and my modification was being denied. Then the foreclosure process started. I begged for a copy of the payments that had been recieved and was told they could not do that. I felt as though I was being stepped on and taken advantage of. Now here I am being kicked out of me home 8 months pregnant with 3 children because Bank of America is a huge scam artist. I am looking in this class action lawsuit where I read others are being done the same way. I guess making a family homeless for the holidays makes you people happy. If I can’t join a lawsuit I will see about starting one myself. I think it is a shame what huge corporations do to people.  

“I support John Wright vs. BofA Lawsuit!”
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On 11/01/10 Marilyn Austin  wrote: Mr. Moynihan.   I writing this e-mail because I don’t seem to be getting anywhere dealing with your loan modification department.  I first applied in December 2009.  I’ve been strung along ever since!  I was told that I made too much, that I had too much cash on hand and that I didn’t make enough depending on whomever answered the phone.  I’ve submitted Tax Returns, Profit and Loss Statements and bank statements at least 6 different time.  I have a log outlining ever call I’ve made and with whom I’ve spoken.  The file I have on the modification is more than one inch thick!  I was told that I was declined for the modification in July and that you’d run my application thru a second chance program that same month.  I was also told that you’d file a protest about being declined for the making homes affordable program and have yet to hear anything from anyone as to what happened to my protest.  I just found out today that you’ve declined my second chance modification and are mailing out a letter informing me of that fact.  Under the Making Homes Affordable program I do qualify!  My mortgage payment is 52% of my Monthly Gross Income as stated in the P & L Statement that I faxed in on 10-15-10 to fax number 866-580-9301 along with 2 years tax returns and my two most recent Bank Statements.  I spelled this out in the Letter of Explanation that was included with the above fax. I would really appreciate any help that you can give me resolving this problem.  I’m current on my mortgage payments and want to get this modification finalized.   

Sincerely, 

Marilyn Austin  

Update on 12/17/10: I’m writing you again because I can’t get a response from Christopher Ross who is supposed to be the Senior Negotiator handling my loan modification. After my last e-mail to you on 11-19-10~ he did call me on 11-20-10 and left a message to return his call at 805-955-8718. I called him on 11/20,22,23,29,30/10 and also on 12/1,7,13 & 17/10 asking for a return call ~ and have yet to hear from him! I want an update on the status on my loan modification. Since he won’t call me ~ perhaps you could. I would really appreciate an update!

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On 11/02/10 Brian Teets wrote: Dear Mr. Moynihan,   Attached is a letter I’m forwarding to my congressional representative, Rodney Frelinghuysen, who has offered assistance in obtaining a response of the status of my home modification loan.   I would hope you take the opportunity to address some serious concerns in your processing of mortgage modifications.   

Letter:  Dear Congressman Frelinghusen: Thank you for your response to offer assistance with Bank of America, BOA, so I may obtain a response regarding my home modification loan.  First, I do  consent for you to contact the OCC or any other appropriate organizations on my behalf.(attached is a separate document indicating such)    It’s been over 9 months of waiting, experiencing  incompetence by being told inconsistent and incorrect information, and sending the same documents repeatedly without any success.  I’ll briefly summarize my disheartening experience with BOA.

In September 2009, I was laid off like millions of other individuals.  I took a proactive position and contacted my mortgage holder, Bank of America (formerly Countrywide) to discuss with them my concerns if my employment was protracted that I may have difficulties meeting the payments.  I had hoped they might be willing to provide short term relief, such as reduced payments, for a good paying customer.   BOA indicated they couldn’t offer any assistance.  I also did reach out to a representative from the Hope for Homeowners program and still did not avail in getting any meaningful short term assistance with BOA.

In November 2009, I was informed I met the qualifications for the HAMP program only to wait two months to find out I wasn’t according to BOA.  Then in March 2009, I received an application for the HAMP program from  BOA.   Additionally, I saw I met the 30% income to expense ratio qualification and was employed at that time, so I believe I meet the primary qualifications.  I mailed the complete application, along with pay stubs, and bank statements as required by April 17^th.    It took two months before the documents were loaded in BOA’s system and at that time I was informed after I contacted BOA , they were waiting for the two most recent bank statements, two most recent pay stubs, and a 1099R form.

I complied with the additional information request and faxed the documents to them promptly.  Over the course of the summer, I faxed and mailed these documents repeatedly and followed up on the phone.  The representatives I spoke with had no knowledge of obtaining these items.  Finally, In August after numerous calls, I was informed my file had moved onto the next stage where it was in review.  I was told it takes about two months from this stage to obtain a decision.  I checked in with BOA on October 12^th and was informed the file was still in review.   On November, 1^st I contacted BOA again to inquire of the status, and I was told they still require the aforementioned missing documents which I sent in June!

When I’ve expressed my concerns with the BOA representatives , and that I’d like to have a point of contact to be able to get these documents to someone capable of making a decision, I’m just given the same black hole fax number.  Nonetheless, I’ve faxed and mailed the documents again for the 8^th time.  Additionally, I’m concerned how my file went from being in review to now pending receipts of additional information.

I hope this summary sheds some light on the frustrating experience I’ve had with BOA.   I understand BOA is probably swamped with individuals filing modification applications.  However, when you research the countless blogs of individuals, lawsuits, etc with similar and worse experiences, I believe it’s a big concern.  When you fall behind because of this historic economic climate, they waste no time in mailing foreclosure notices or assessing late charges and other fees.  I’m an educated person and believe I’m usually able to work through situations, but I’ve never experience such despicable incompetence.

I greatly appreciate your efforts to help resolve the status of my modification loan.  Many hard working Americans such as myself  have just asked for the same short term helping hand the government provided to these banks in form of taxpayer bailouts, be extended to worthy homeowners as well.  If you require any additional information or have any questions, please feel free to call me at 973-214-0076 or write.  I have all the copies of what I submitted to BOA, so if you would like to have that information, please let me know.

By the way, I did contact other government representatives and you were the only one who took interest in addressing this matter.  I look forward to continuing to cast my vote for you and others like you who have integrity and continue to serve our country well.

Sincerely,

Brian Teets

Right to act on my behalf                      

I Brian S. Teets, do authorize any individual from Congressman Rodney  Frelinghuysen’s office to act on my behalf in the matter of my Bank of America Home Modification Loan.

Brian S. Teets

Update on 11/03/10: called BOA customer relations and got directly to a person.  They said they have uploaded my documents I sent yesterday into their system already.  I informed them I am considering retaining an attorney, congressman frelinghysen, and piggbank…I was told my file is with an agent and they will let me know if I’m approved within 4 business days!  As excited as I am now, I still can’t trust these criminals…but things are looking a little promising..I’ll keep you posted and if this does get resolved I still intend to be active in exposing these criminals because they’ll never stop until the fines are so large then they’ll wake up.    Thanks again for your blog…PS…You probably already know this…but the number I was given from BOA was 1-800-669-2443 ext 2773 Steven Nielsen..Although I didn’t get him, I got a live person very shortly..not the usual nonsense when you call BOA’s automated system.   

My name is Brian Teets and I AM FIGHTING BACK!
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On 11/07/10 Maria De Reyes wrote: Good Morning Mr Moynihan, My name is Maria De Reyes and “I AM ONE CUSTOMER AT A TIME.”   I am writing you today because I am tired of getting no where with my mortgage situation, let me explain.

In August of 2009 my mortgage got transfer to bank of America from Taylor Bean Whitaker as you know, like everyone else my payment was not posted on my records, slowly was falling behind as BOA made a double payment to my insurance Co in Sept 2009 . When I called to see how I was going to get that money your costumer service rep told me that I had to deal with my insurance and I ask ” I am not the one that made that mistake you BOA should get it?, anyways I did it my self!

Now forward to March of 2010 I was still behind on my mortgage due to lack of work, loss of income, I was informed that I could try to do a home modification app and I did, requested the paper work, send it in via Fedex, waited and receive a letter of denial, for not sending a copy of my pay stubs and copy of my tax return. That was strange as I did send that plus all the other documents, I still have copies of everything, so I decided to apply in April 2010 again.

Well I got my application , I send everything again, was denied again. I as a single woman, went and got a second job in order to stay in my home, because didn’t see this Modification process going anywhere…….. I call and spoke with another rep she mention that Boa could do a repayment plan, and she made it sound good for my situation, was surprise that some wanted to help me now after all the phone calls.

Well she told me that my payment was going to be $1069.49 instead of $848.38 for 4 months as I was behind a month and that included all fees and mortgage payments until Sept 30th.She told me to pick a date and I pick every 25th because had just made a payment on May 2010 so my next payment was due on June 25th. Me working two jobs in order to pay it  had no problem making this happen. As I was finishing my repayment plan, I call on OCT 1st talk to a manager to make sure that everything was good and my payment will be going back to $848.38. He told me yes and thank you for making my payments on time, so I made my payment in Oct 2010.

Well……. On Oct 19 got the first call telling me that I owe a amount of $171. for late charges because I have been making my payments late during the Repayment plan?? I was in shock, I was thinking that I was being help by BOA now you are trying to hurt my ability to pay??? by charging me more?? So I call in again spoke to a person that can reverse charges I was told and she said that I was getting those charges remove, she posted my full payment for Oct and also she said I had $62 extra she ask me if I wanted her to post it as a principal payment I said yes. Now today is Nov 7th and my account still reflects I owe the $171. ???

I am not rich, I work two jobs, I need a resolution to this matter, I try calling in and I seem to get no where.

“I support John Wright vs. BofA Lawsuit!

 Maria De Reyes

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On 11/07/10 James Lawler wrote: Brian, I am writing this email in absolute disgust for Bank Of America. I am offended by the fact that the word America is allowed in your company name. I am retired from the US Army from injuries in Iraq.
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I purchased a home in New Jersey in 2004 with another mortgage company. BOA bought my mortgage. A year later I was in Iraq. I spent from Nov 05 to Jul 08 in medical care with the US Army for injuries sustained in Iraq.
During that time I was receiving full pay. The Army retired me in Jul of 08 due to the severity of my injuries. My retirement is half of what I made on active duty.
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My wife and I were worried what would happen and decided to sell our home. After the HAMP program was announced our options changed or so we thought. I contacted BOA for a HAMP reduction and I was denied as I had never missed a mortgage payment. This clause was not in the HAMP qualifications. it had been added by BOA.
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BOA changed the rules, you took taxpayer dollars – of which I am a taxpayer. I was denied even though I had a legitimate reason for a modification. Service to our country, AMERICA,in combat in Iraq. And this is how BOA treats veterans. I do not and did not deserve the treatment I received from BOA.

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Since this has happened I am in default and headed to foreclosure. My credit was 700 plus and is now in the tank. I have moved out of state and I will never purchase a home again. My marriage has been destroyed and is over.
To that I would like to add that I do not have money for an attorney. My health is not good. You may be thinking this makes me no threat. You would be wrong sir. A broke, ailing pissed off combat veteran could be your worst nightmare. Perhaps a person with nothing to lose is all of our worst nightmare in the making.

I truly hope we have the opportunity to meet in the future as I would like nothing more to have the chance to explain to you face to face my thoughts.

James Lawler
US Army retired

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On 11/08/10 Eric Walker wrote: Mr. Moynihan, My name is Eric Walker and I have a mortgage with Bank of America (xxxxxxx).  I have a family consisting of my wife and my two wonderful children James (4 years old) and Chloe (2 years old).  I am the sole provider for them and they depend on me to provide them with the bare necessities.  I am writing you to inform you of my experience with Bank of America during my loan modification process and I need your help.

In 2009 I had a reduction in income and fell a month behind on my mortgage payment.  I was consistently a month behind on all my payments.  In early 2010 I received a Making Home Affordable packet.  I sent in the necessary paperwork and started making trial payments on a regular basis.  I routinely checked up on my loan modification’s progress for the next six months.  Every month I called I was told that it was “processing” and that I should continue to make my trial payments.  During these calls I made sure that my current contact information was up to date with the bank.

When August rolled around, I got a letter in the mail stating that my loan modification has been declined due to “incompleteness”.  I immediately called the bank and asked for them to explain what was meant by incompleteness.  They could not provide me with an answer so I requested that someone contact me as soon as possible.  I never got a call.  Mid August I called and requested an appeal to the decision for my denial of a modification.  I called again the First of September to make another trial payment and to get the status of my appeal.  The representative informed me that the appeal never made it anywhere due to a computer error and that it would be submitted again.  I inquired again about what documents were missing (incomplete) and could not get an answer.  I again asked to be contacted by the bank (I even gave them my phone number again).

Shortly after I received another letter in the mail from the bank saying that I needed to pay nearly $8000.00 to keep my home from going into foreclosure.  It seems that all those “Trail Payments” that I was instructed to keep paying were really only “Partial Payments” and I owed the bank the difference from my normal payment for the last 8 months.  I started one month behind. Now per the banks instructions, I am nearly seven months behind and nothing is new with my loan modification.

I called the bank again and asked the status of my resubmitted appeal.  Still processing…At this point I decided to get some outside help with talking to the bank and contacted an attorney.  I have religiously kept in contact with the bank and tried to get this all straightened out with no success.  It’s like talking to a brick wall.  No one knows anything and no one will do anything. It’s like the bank doesn’t care that I want to resolve this.

I gathered all the paperwork my attorney needed and submitted it to them for processing.  They sent it in and another modification was now “processing” with Bank of America.   Mid October I got a call from a bank representative named David requesting additional documentation to continue to process my new loan modification.

I’ve got to tell you, I was completely surprised.  This is the first time I have had the bank call me in nine months!  I wrote down what he wanted and told him that I would forward the documentation to my lawyer and they would in turn submit it to the bank.  I also asked him if he would please direct his future requests to my lawyer since I am paying them to handle my modification.  I informed my lawyer and gave them the requested documentation.

At this point I thought everything was fine and dandy.  I was wrong.  This past Saturday I got a call from the bank again and the representative informed me that my home was in foreclosure and was had a sale date of December 7^th.  I asked him how this could be since I had a modification in progress.  He told me that my modification was cancelled.  Upon further investigation on my part with another representative, I learned that David, had left supposedly left numerous messages with my attorney and never got a call back from them and never received any additional documentation that he requested.  So he decided to cancel the modification.  I guess he didn’t think to contact me again.

I also learned during my investigation that now the bank knows what documents that I was missing on my original Making Home Affordable modification.  A 4506T, and an Affidavit of Hardship was all that was needed to “complete” my original request.  But at this point in time it’s too late because I have been declined.  No one can tell me what documents are missing until there is no way to appeal or reopen the Making Home Affordable modification.  How convenient.

In the mail on that same Saturday I got another letter in the mail from the bank requesting a completely different document.  The letter was dated October 29^th.  This letter is dated at the end of the week that David was calling my attorney to request completely different documentation.  David was asking my attorney for 2008 tax returns, an income analysis, and a Form 1126.  The letter was asking for my 2009 tax return.  Does anyone have a clue what is going on at Bank of America?

In summary:

1. I was strung along making trial payments while my Making Home Affordable was in process for 8 months only to put me even further behind on my payments so that the bank could foreclose on my home effortlessly.
2. I have done the best of my ability to communicate and comply with Bank of America.
3. I have paid an attorney to communicate on my behalf with the bank with no more success than I had.
4. Information about missing documentation seems to be only provided when it is too late.
5. It makes no sense for a bank to refuse to work with a customer who WANTS to keep his home.  In keeping my home it is actually more profitable for the bank than to foreclose on it.
6. I support John Wright vs. BofA Lawsuit!
7. I AM ONE CUSTOMER AT A TIME.

I want to keep my home.  I want a loan modification.  I want to make monthly payments to Bank of America

Thanks,

Eric D Walker

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On 11/09/10 Myron Tazelaar wrote:  To whom it may concern:   After several failed attempts to refinance our 1st and 2nd loan through BAC, we have finally secured a refinance of our first mortgage through a different lender.  However, we are waiting for our subordination agreement on our home equity loan.  If this information is not sent soon, we will lose our rate.  You can contact my husband  

Myron Tazelaar

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On 11/09/10 Maria Marrero wrote: Hello, My name is Maria Marrero (on the loan listed as Maria Santiago).  I am a current customer and I have an active mortgage with your bank.  I am sure that I am not the only one to complain about the programs that you advertise on your website or your mail correspondences.  When President Obama first came out with the MHA program, I decided to try to apply for it.  The conditions that were explained to me about 2 years ago was that since I was not late on any mortgage payments, I would not qualify for it.

In October 2009, my family and I became desperate and found a company who scammed us out of $2000 who said they would negotiate with BOA to do a short refinance…I became aware of this scam in April 2010.  In May 2010, I started to become late on my mortgage payments…my son was just recently diagnosed with Autism, which is what led us to fall behind.  At that time, I also applied through BOA for the governments MHA program.  In July 2010, I began calling every week to check the status of my modifications…I have been told “to call back next week, it’s still under review.”  It is now the beginning of November and I am 4 months behind on my mortgage, have been put on disability, and have never had interactions with the rudest customer services representatives in my life!  I continue to do weekly (sometimes daily) status checks and have received different answers from EACH customer service rep i encounter.  I am transferred from one deparment to another department to another department.  One night, I was even on the phone with BOA reps for 5 hours to try and get a straight answer. As of yesterday, November 8, 2010, your representatives have told me that my account is being handled by the advocacy department.  But what they tell me about the status of my account is that it is still under review, what I have been hearing for the past 6 months.  They tell me each month that I should receive a FedEx package in the mail by the end of the month for the past 6 months.

This whole process has made my health deteriorate even more as I have also been told by my doctors to “take it easy as I remain on bedrest.”  I cannot “take it easy” knowing that BOA has been sending me notifications regarding accelerating foreclosure proceedings, but yet, I had tried to reach out for help to PREVENT this from happening 2 years ago and I was disqualified!  Another story that I have gotten from your customer service reps is that I was denied 3 times for a modification…all in which I never received any type of written notification (which, if this is a policy across the board, it should be changed!)  Any type of interaction with a customer service rep should be documented in detail on all computer servers for all representatives to see, including how many times a customer calls in one day…My suggestion is to begin recording conversations between your customers and customer services representatives.  I should not, as a customer have to call every 5 minutes to see if the other representative will tell me something different from the first.  I am very disappointed in how my case and situation have been handled this past year, which has been difficult enough personally and financially.

I will also foward this email to the BBB and file whatever complaints I need to file with the Attorney General and the OCC because at this point, i feel like I am being scammed with my own bank…you are no better than the frauds who swindle innocent and hard working people for money who say they will negotiate with our bank and handle the modification process.  I have not yet encountered anyone from BOA who has helped me and guided me throughout this whole process and made me feel comfortable that everything will be done so that it is possible to help keep me in my home.

I would never repeat any kind of business with BOA nor would I ever recommend your buisness to anyone needing a good bank to deal with.  Your customer services represntatives have no respect nor do they have the skills needed to be labeled as customer service at all.

I just wanted you to be aware, Mr. CEO, of what is going on in your company.  How do you choose to rectify how poorly your bank has handled not just mine, but other customers cases to help them stay in your home and keep us as customers.  We are all hard working people who have struggled to make it in this country.  The downturn of this economy was not our fault, we are people who just trying to survive in these conditions.

I support John Wright vs. BofA Lawsuit!

One (disappointed) customer at a time,
Maria Marrero
(aka Maria Santiago as listed on my account)

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On 11/09/10 Elena Martinez wrote on: I have being try to get someone to help us with the 2^nd loan modification we are working with NACA ID #518257 (Kevin Winn 1-888-404-6222Ex 1254) since 3/30/2009, with little to no luck I also have contacted Congressman Ron Kline office,  all bad thing happen when no one is helping.  A person by the name Daylon Davis (1-877-345-6431-Ex 14124) has called me I faxed over all documents on 10/29/2010 and called him back and e-mailed as well with no reply from him.  We would very much want help to finish this process. We are FHA with a not affordable payment  for our income, we also work for the government and have not had a pay increase in three (3) years. Thank you in advance.

Thank You

Elena Martinez

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