On July 3rd Christine Jimenez wrote: Applied for Loan Modification in December 1st 2009 just keep getting the run around. I must day if I do not hear anything buy this week July 5-9, 2010. I WILL seek out a lawyer and put a law suite against BOA myself. I am a disabled American. If the folks you hired to do this modification process cannot do it in a timely fashion you should hire a new company to do this work. -Christine.email@example.com “I support John Wright vs. BofA Lawsuit!”
The circumstances which contributed to the my decline are, my husband left me which was a significant loss of income. Also January 2009 family member became severely ill and died on Feb. 02, 2009. Unfortunately there was no insurance to pay the burial costs. Thus making the family financially responsible for funeral and burial expenses. In January 2010 I was hospitalized and unable to work for weeks. Finally in February 2010 I was injured on my job and unable to work for months.
To try to recover from this financial devastation, I have rented rooms in my home. In addition I applied for a mortgage modification with Bank of America in April 2009 & again in June 2009. I’ve been assigned and reassigned and reassigned to different people and one year later I’m back in foreclosure.
The mortgage meltdown that has occurred over the past three years and specifically the value of my house is 92k and the balance of the loan is 200k. Makes refinance impossible. by Bank of America to refinance my loan in September 2009 was a step program 2%, 3%, 4%, 5%, 6% fix. I have struggled to make my total housing obligation payments which include Bank of America Mortgage and Property Taxes and Insurance.
My PITIAS level, based on only my 1st mortgage, Property Taxes, Property Insurance cost I have calculated at roughly 41% of my gross income as follows:
Mortgage $ 1174.
Property Taxes 350.
Property Ins. $ 166.
Total PITIAS: $ 1764
Gross Income $ 2544.
PITIAS /Gross Income equal 41%
Additionally with my other reasonable life expenses I am running a negative cash flow monthly. This is shown in the attached spreadsheet.
The attached spreadsheet consolidates my previously submitted spreadsheet into the categories my last rep Operator (Tabitha McKellar) when conducting the Telephone Interview to qualify me for a the HAMP program.D. Pinnok(soon to be x-husband) does not provide any funds to me to pay the housing expenses. But I do receive child support payment from my daughter father in the amount of ($200 ). Per three of my conversations with Bank of America during the HAMP qualification process Operator 33409 (4/10/10) and a discussion withthe Investor of my mortgage Fannie Mae on 9/3/09. I was informed in all 4 cases that I should not include my soon to be X- husband income or expenses if he is not providing for these expenses.
In fact, when Teresa Yeaky at BOA only asked for my income and expenses after informing me not to include my. X- husband is not the co-borrower and thus should not be included as this is not a refinance. Thus, my housing expenses and income are my own and the Hardship Affidavit and future income and expense answers will be of my personal income and expenses.
I assigned to Melissa Thomas at BOA retention department, she told me I would need to insure the property in order to be eligible for a modification and/or to take me out of FORECLOSURE. I have provided proof of homeowners and flood insurance. I am still in foreclosure and no word on the loan modified. I requested reinstatement as an alternative but the figures are not be affordable for me. Realistically the reinstatement would only postpone foreclosure.
Based on this information along with my expenses exceeding my income per the Expense sheet I am asking for Bank of America Mortgage as the servicerof my loan to provide me a loan modification under the HAMP program or even a forbearance of principal or a fix of 3% because they did a BPO where my property is only worth $92,000.00
I am a hardworking person and have spent the past 3years trying to keep-up with my obligations to Bank of America formally known Countywide Bank Mortgage but I find myself on that last step where I have to ask for Bank of America for a AGAIN for the 5th time for a loan modification!!!!!
I SUPPORT JOHN WRIGHT VS BANK OF AMERICA LAWSUIT.
Update on 07/20/10 Shirley Pinnock wrote: Thank you so much for your support in this matter. You are so right when you say these times are difficult, but hearing your story and the stories of others I feel encouraged. I followed your instructions and sent the emails, within a few hours I was contacted by Cynthia in the presidental department. She must have put pressure on the associate that is assigned to my account, as well she gave me the contact information of her manager Christopher Tarrof. My consulor also called me, but was very abropt and rude. She implied that I’m being impatient and said it takes time to review my account for modification. I applied for loan modification more than a year ago and cooperated with all their requests; to end up in foreclosure anyway. Its the same old song anddance, “give me until next week”. They don’t commit to anything nor do they send anything in writting. How much time should I give her before I go over her head?
On 07/19/10 Ashley Ruble wrote:I have been trying since August of last year to get a home modification done through Bank of America. Since this time I have been unsuccessful at accomplishing anything. I have faxed numerous documents, made phone calls, andsent emails. The first round I guess people got tired of me calling and told me that you guys could not help, to just catch up the payment. I took out at student loan to catch up the house payment at that time. This time I faxed all the request documents to Claudia DeLeon who sent me an email and request certain documents be faxed. She called today and said Belle Wallace had been assigned to my case and would be contacting me. Instead an Arabic lady contacts andsays Bank of America currently has no programs available to help me, I JUST NEED TO TAKE OUT A LOAN AND CATCH UP MY PAYMENT. How is there not any programs available when Obama’s on the news everyday talking about the programs he has put in place to help homeowners from foreclosure. I don’t understand what more I need to do, it is no wonder that the foreclosure rate is going to hit 1 million this year. This is my first home and I don’t want to lose it this way, but Bank of America is not giving me any other options. I can’t afford my house payment much less another loan. I am just asking there has to be another option, I don’t want to just give up. I’m sure you guys make millions each year anddon’t understand where I’m coming from, but any other help you could offer would be appreciated.
On 07/21/10 Mary Kay Rodriguez wrote: I initially started working with your bank on a loan modification 5/09. I then had to start over again (because the government finalized what was needed) 12/09. Based on a discussion 12/09 with your bank, I received a letter dated 1/14/10 stating what my new trial period mortgage would be and to return various documents. Those documents were sent via the supplied Fed Ex envelope 1/20/10. Also,based on the 12/09 phone conversation, without a written/signed document, your bank paid my 2009 Property Taxes and Homeowners Insurance (which is included in the trial mortgage amount). On 2/16/10 I called your bank and was told the information was received but not reviewed. I then received a letter dated 2/25/10 asking for a Hardship Affidavit (which was sent 1/20) and copies of most recent bank statement (which were sent 1/20, but since a month had gone bye there were more current statements). On 2/26 I sent a currently date Hardship Affidavit and current bank statements as requested. I then received a letter dated 3/22/10 stating you needed some of the information I had already sent. I called your bank 3/22/10 and was told I needed to send the information requested in the letter AND information that was not requested in the letter. There was a need for “current information”. Obviously, because this of the length of time my application is in review, each month presents more current statements. ALL the requested information was faxed and sent via Fed Ex 3/23. Following phone call summery: 3/26, 3/31, 4/5,4/12, 4/19, (4/26,4/27, 4/28 – system down), 4/29, 5/12, 6/7 – information received and in review. Per a 6/21 conversation with Ashley in the Advocacy Dept., Angela in the Making Homes Affordable Dept would try to expedite things and either call me within 48 hours or I would receive something in the mail in next 30 days. Well, I did receive a denial letter today (30 days since 6/21) stating my loan is not eligible because I did not provide the documents provided. I called the Advocacy Dept which transferred me to the Decline Dept. When I explained the situation they were kind enough to send and Appeal (probably to the Appeal Dept). I was told if my Appeal is denied, for perhaps a missing date or signature, then I can never get the loan I applied for This is ridiculous. How can you run a business this way? How can you help me?
Mary Kay Rodriguez
On 07/21/10 Dellany Hall wrote:I am writing to let you know that we have been trying to get our home remodification loan worked out thru discount mortgage relief for about a year now. Our original home loan was thru Taylor, Bean & Whittaker then was sold to citifinancial before we knew anything about it andour first letter from them stated we were multiple months behind, which we were NOT as we were on the equity excellerator program withthem which always had us a month ahead, they would not work with us even though I had proof all the way back to april of 2009 that it had been taken out of our bank account each two week period, before I could get this worked out with citifinancial it was sold to Bank of America and we got no help there either to put us on equity excellerator program as the funds from Taylor, Bean andWhittaker had been frozen so it looked like we were behind from July of 09 thruSept. 09 which of course we were NOT at that time behindwe were always one month ahead. I tried talking to someone at bank of america with no results as stated they could not work with us until the account had been brought current which at that time it was but since then we have tried home remod. loan with discount mortgage relief and I have sent paperwork, after paperwork, after paperwork to them as requested by bank of america and still no home remodification has been done and as stated before this has been going on almost a year now with NO results or remodification done. It should by no means take this long, at most it should only take about four to five months not almost a year. We have been given different loan processors; have gone thru three loan processors thru discount mortgage relief to the point that I am wondering if they are not working with bank of america to make us loose our home. We received paperwork in the mail on saturday July 17, 2010 from law office stating it was a motion-order-notice of an amendment of the last paperwork we got from same law office, when I called the mortgage relief they just told me that it is a scare tactic by bank of america to the home owner and that they will wait until about five or six days before the sale date is set before they will give in and say OK we will work with you on home remodification loan. This type of thing should not happen is not right nor acceptable and I am with Jon vs Bank of America. Until all this happened and we were still with Taylor, Bean and Whittaker we were NEVER late on the first payment so again I say this should not happen, is not right nor acceptable for people to be strung along like this for so long just to have their home taken away from them or have them hang in limbo not knowing what is going to happen to them or where they are going to live if their home is taken thru unscrupulous measures by a bank or mortgage lender. This is America where things like this are not supposed to happen especially when the banks have received their bailouts and are now riding hard all those people who thru no fault of their own have lost a job or had their home loan taken over by someone else who is unwilling to work with them to make sure they can stay in their home. The making home affordable plan is/should be just that, working with people who are due to the down economy having a hard time making their payments and not being able to find work and have drawn out on unemployment due to not being able to find work.
I support John Wright vs Bank of America
On 07/21/10 Adam White wrote: Dear Mr Moynihan, I write you this letter at a last attempt to try to obtain the help that we need in order to resolve our Home Loan Modification issues. For the last year to year and a half while proceeding with this Modification Program my wife and I have had our stress levels continually rising to the point that it is causing us extreme distress. Loss of sleep, and appetite are just the beginning of what this process and your representatives have done to us.
This slow trip to uncertainty began in March of 2008 when we began the dialog of obtaining some help with our mortgage to get through a bit of a rough time with our finances. We had been in our home for about a year when my wife’s hours were first reduced, her pay cut by almost half and then losing her job because the store went out of business. Around this same time I established a Home Furnishings Delivery /Handyman Service. We contacted Country Wide (now Bank of America) in search of help because we would for many months go through a “yo yo” pattern of falling behind a month or two on our mortgage payment and then would catch back up. None the less, the amount we were spending on late fee’s was adding up, so we reached out for help. We were told time and time again that there was nothing that could be done.We were told foreclosure proceedings would begin once our note was delinquent by 90 days and this was something we desperately wanted to avoid. We paid as much as we could in order to avoid losing our home.
It was around this time when President Obama set up the funding for the Making Home Affordable Program, and shortly after, on May 20th 2009 we were sent our packet for the modification program. In an effort to get some information on the program we called and expressed that we were looking to get a reduction on our payment of around $400.00 on our 30 yr fixed mortgage which is currently at about 7.5%. This would have brought our payment to about $2100, and would have been enough to keep us in our home comfortably. Simply reducing our rate by approx. 2% and extending the terms of our loan by a couple of years could have achieved this with minimal financial damage to the lender, the loan service institution as well as ourselves.
Instead we were stonewalled from any information regarding how the program actually worked, including how the modified payment was calculated. Since I am self employed we were constantly being asked for different documents by different representatives which was very frustrating. Especially when we were asked to fax documents that we had already submitted. All documents asked for were sent.
Then the roller coaster began. While on the phone with a representative we were first told to submit our last 3 months of bank statements, this was because we had not yet filed our 2008 Tax Returns. Several weeks later we were asked to provide the last 6 months of our bank statements, we complied. The following week came a request for a Profit and Loss for the last three months, we complied. Next we receive a call requesting the P+L for the last 6 mos, and finally they decided they needed the P+L for the entire year. Please keep in mind that each of these requests were fulfilled and we had to pay our tax person for each P+L that she produced.. At this point we were told we would not need anything else but were contacted by a different person 3-4 weeks later requesting the bank statements again! A few weeks later (Nov. 09′) we supplied a copy of the completed tax return for 08′. On January 18th, 2010 we receive a call from a rep named Bob requesting a re-fax of the 08′ taxes again, and that they were now going to need us to supply the tax returns for 2007 as well. Once again we complied.
Approximately half way through this drawn out process roughly 6 to 9 months my wife found part time employment, she asked the person who was handling our Modification if we needed to submit them but he didn’t respond, she assumed that what they had was sufficient.
We were continually told to only pay the modified amount every month since the process began, unfortunately because of the pace of the employee’s and their knack for loosing paper work, this has caused our unpaid balance to sky rocket from approximately $5,000 to almost $20,000.
We finally received a decline letter almost a year later. This was extremely painful because we were told if we made all of our trial payments on time, as well as submitted documentation reflecting our income we would be approved. We were certain you would be able to help us. I called right away to find out why we were declined and was told it was due to our NPV and that our income was not enough. I requested a copy of my NPV at this time. I was also told to call back, re-apply, and call the HOPE phone # in the decline letter.
When I called back to re-apply I was told it was a hard decline and that she didn’t see any point in us reapplying. She also said that if we didn’t have money to apply towards the past due amount they wouldn’t even consider it. I called back again later that day to ask why I was declined for an in house modification and spoke to Sheena ext.2667 She advised me to reapply, that the HAMP program had been changed and we should try applying again. We called back after having yet another P&L done for this year and the representative advised me that we now make too much money! My latest and last attempt on July 19, 2010 to get answers, such as where is the copy of the NPV I requested 45 days ago, and trying to get a face to face meeting with a representative who can look at all the information andactually get a real life grasp of the situation this crappy process has created for us. I was told by the second rep I was transferred to Unice ext.9777 to go to a local branch and talk to someone there. Yeah right!! Next I was transferred to Jamonnia ext.9763 who had no idea what the NPV even was. She then told me she would e-mail a request to our negotiator, and his team leader to contact us with regards to getting to actually sit down with someone who can do something other than just transfer my call. It’s No surprise when I requested to be sent a copy of this e-mail. Unfortunately as I was being transferred yet again this time to Mark ext 2542 we were disconnected. I had to call back andthen was transferred to Mark. He advised me that they would not be able to send me a copy of the e-mail and that no one could help me because I was already declined.
Going through this process in this manner, and seeing the news reports with regards to the manner in which others in this program have been treated has lead me to the conclusion, that my mortgage service company is systematically trying to siphon the equity in my home slowly, by keeping my loan in a perpetual state of default, and by being continually involved with this program. Applying exuberant fees and penalties, to help run up the unpaid balance higher faster till the equity in my property is gone and then file for foreclosure taking my home of almost 4 years and my hard earned equity in the house right out from under me.
This modification could have been one of the easier modifications your establishment would have had to make. I am a customer who has always made an effort to do what is right, And by right I mean pay my mortgage. I have also as of last month, after receiving our decline letter increased the payment from the modified amount of $1650 to $2000. I am a customer with a 30yr fixed rate at more than 3% above the going market rate for this type of loan. I am quite certain that there is enough wiggle room in this note to make some adjustments that we can both agree on.
I realize that you stand to rake in more money as a loan servicer by keeping me in default, and then pushing me out to short sell the house, skimming your fees off the top first, only to then negotiate with Fanny to take less money, but that is not what these programs are for. They’re created so people like my wife and I, who just need a little bit of help can stay in the home they are raising their children in, and paying for.
In closing I would like to state that I support the John Wright V.S. Bank of America lawsuit, and will continue to proceed in the same fashion, if there is not a real effort by Bank of America to right this terrible wrong.
I’m diving in. See you at the races.
New York, New York
On 07/23/10Erin and Mark Tierney wrote: To whom it may concern, My husband Mark and I were offered a trial home modification in February for four months. We called every two weeks since April to find out our status and were stalled every time. We sent in all the necessary paperwork as needed andeach time we checked up were told different things, sometimes that everything was in, other times, that we needed the same papers faxed again! We have three kids under four so I was pretty impressed we kept up on top of it as much as we did! More so then the people that worked there! When my husband called on April 12th, he was told we were just waiting for the underwriters and they said legally within 45 days, we should get a response. No response came however, on Friday May 28th at 4:08 pm Charles Bowers called my husbands work (he is a teacher) and was already gone for the day. We received no call at our home number where we would have gotten the message and could have complied with the 72 hr limit we were given to return paperwork. On Monday when Mark checked his message back at work, he talked to Sandra at 8am. who said it would be ok to fax the needed paperwork on Tuesday, as it was at home at that point. He faxed Charles Bowers the next day all the necessary paperwork. Mark called Hope team and they transferred Mark to Bof A and Chantelle told Mark it could be up to 60 days for final decision on our loan. At that point Mark made July’s payment )already past the “promised trial period” and then on July 22nd ( my bday of all days!!!) we were denied after having not sent all the paperwork. We are now in the appeals stage! The worst part is we always could have made our normal payment and have never been late or been in fear of foreclosure! This whole process is ridiculously illeagal and morally wrong and we will join in a lawsuit unless we are not offered a comparable payment plan permenently! Please call or email us when you receive this! (xxx)xxx-xxxx.
Erin and Mark Tierney
On Jul 26, 2010 Erin Tierney wrote: Just wanted to thank you guys for the website which prompted me to email all the people recommended on Saturday regarding our denial for a HAMP because of” missing paperwork ” which of course is a bunch of B>S! After reading many of the stories on the site, I emailed and then got a call today (just as you guys promised!) from B Of A promising a moderator would get in touch with me by Wednesday! You have given us hope! Thank you so much! Will update soon! Erin Tierney
On 07/24/10 Penny wrote: I purchased a home at xxx xxxx Way, Birmingham, AL in 2005 for $82K. In 2007, I could no longer pay mortgage and we thought it was assumed by my Mother, Vera Penny with Countrywide. I purchased another home at xxxx xxxxx Circle, Fairfield, AL in February 2007 for $150k.
I subsequently foreclosed on the home at Seminole Circle in 2008 after having $1200 monthly payments that I could not afford with 1 income of $35k.
Now the home we thought was assumed by Vera has now been placed back in my name by Bank of America but I have not have that responsibility since 2007. It is back on my credit report and reflects that I am the owner and no longer states assumed.
I believe I was discriminated against
1. GMAC – Set me up for failure for foreclosure as I already owned the $82k house
2. I only had $35k income with 1 child and was approved for $150 with 1200 monthly payments with GMAC
3. Bank of America refuses to work with Vera Penny who has been paying the monthly payments since 2007 and paid $5k with quit claim deed to correct the paper work for the assumption
4. With the Tupelo way house back on my credit, I cannot purchase a new car that I badly need nor afford to purchase another home as i now have a foreclosure on my credit and also my 1st home
The good news is that it looks like I have a great lawsuit against both GMAC for selling me a $150k home while I still owned a $82k home with an income of only $35k.
Also, a lawsuit against Bank of America for playing the failure game to make it seem as if I no longer had the $82k home by initially putting assume on my credit report and playing a trick to set me up for failure with GMAC where I subsequently foreclosed.
I lost my job in 2008, we informed BOA of this to let them know the $3100 monthly payments could not be done so we applied for a loan modification with an interest rate reduction since our adjustable interest rate had changed and was now set to 9.25%. We received a FEDEX package from BOA that stated we were being placed on a 3 month trial payment at the sum of $2700 per month. Approximately 5 months later we received the final modification package which stated our new monthly payment is $3000.00 per month and there was a 2% reduction in the interest rate. Be mindful this was still an adjustable rate. We informed Bank of America that the payment was still very high and pleaded with them to reduce the payment to the 31% of our monthly gross so that we would not end up in the same position 2 to 3 months down the line. They refused to budge and told us this was the best that they could do. They began using their collections tactics to convince us to sign the documents and finalize the modification. We subsequently refused to sign knowing exactly what the outcome would be and began pleading with them to restart the process. Our financials were updated and we were told to continue making the trial payment. We were also told that we would receive a new package stipulating the terms of the new modification. We scrambled and totally depleted all of our savings in an attempt to maintain the trial payments. After 2 months of repeated calls to BOA, savings completely depleted and no package Bank of America called us to say we have not returned the modification package and this was our last chance to sign and finalize the modification. We were somewhat confused but later realized that they were referring to the original modification which we clearly stated was not affordable to us. We again told them that we were not able to afford that payment and in fact we could no longer afford the trial payment that we were making. The representative told us to pay what we can and continue to wait for a new package to come in the mail. That package never arrived.
The Obama “MAKING HOME AFFORDABLE PROGRAM” came out. We read all the qualifications and realized that this would be good for us. Again contacting BOA we told them of our findings and they took our updated financials once again and said that we would receive a FEDEX package in the mail and we would be contacted by a negotiator, this never happened. At this point every time we called them we got a different answer.
On July 27th 2010 my husband was on the phone with them for more than 2 hrs trying to get some answer or solution as to what the next step would be. He was transferred from the Home retention department to the Denial department to the modification department back to the Home retention department and finally back to the denial department only for them to tell us that there is nothing they can do for us and the best solution is for us to do a short sale. Are you serious????? So we are supposed to live on the street…
How dare you BOA having your employees speak to their customers like that??? We are at our wits end and do not know what else to do. All we asked of you was to work with us for a reasonable monthly payment.
Donaldson and Amanda Barclay from Queens, New York.
Bank of America has not helped me and agreed to a short sale on my house, but messed it up and it didn’t go through.
Please, someone HELP! I don’t know where to turn, but I won’t give up and won’t just go away.
On 07/30/10 Gayle Crump wrote: I am going to be very direct and just state the facts. This is my situation. Can I please get my mortgage reduced to today’s value (that was already agreed to on a short sale on my house by you)? It’s the only way I will be able to keep my house from going into foreclosure. I have been trying for over a year to work with Bank of America.
- Negative Amortization increased my principal balance by over 50,000.
- Loan originated with CountryWide as a sub-prime, negative amortization, interest only loan in 2006.
- Short sale was accepted at today’s value of $170,000; my current loan balance is $420,000. I’m currently $250,000 underwater.
- Disability Hardship with loss of Income. On Permanent disability for life.
- Payment needs to be 31% of income with 2% interest rate on 30 year fixed mortgage.
- Need Principal Reduction from Bank of America instead of foreclosure.
- Attorney General, Terry Goddard may be filing a Law Suit do to my situation with your bank.
- Have always made payments on time, using up my savings.
- Have been turned down on loan modifications twice this year. One I have is not enough.
- Need help NOW!!! I have income and can support a payment on a $170,000 house.
On 08/05/10 LC wrote: Hi Patricia,-My name is LC and I left you a voicemail yesterday late afternoon in regard to the constant problems we are having dealing with your reps at the “Office of the CEO/President”. There is an LOA on file that will confirm that I can speak on my fiance’s behalf in regard to this account.
Let me briefly tell you our situation. I was first inclined to contact the executive offices a few months ago after having zero success dealing withyour “customer service” reps within your mortgage department. In a nutshell, back in February we became ONE MONTH (if even) behind on ourDo I really need to elaborate on this? I mean, you must hear this exact same story over and over again….because I know from all the research that I have done that this is happening A LOT. Anyways, we started calling in (again, I have everything documented, names, ID #’s, etc..) and every single time we were told not to worry , that we would be receiving papers, or that such-and-such would be calling us…..never happened. You know the drill.
So a couple of months ago we decided it was time to reach someone higher up the ladder……what a mistake that has proven to be. I was told over and over again that this mess was being “investigated”…..and then, guess what? Nothing happens. Do you see a pattern here?
Patricia, I have literally dozens of emails that were sent between myself and the THREE different reps at the “Office of the CEO andPresident” that I have dealt with….would you like to see them?Over the past few months I have been bounced around to three different people….each telling me different lies. First I was dealing w/ Timothy Edwards (972-781-5453)We followed all the instructions…..at least the few actual instructions we were given. We called the “Office of the CEO/President”. We were told this was being “worked on” (what work? what is there to “investigate” all this time huh?) so now ourHow can so much time go by (months) and not one person can tell us what is going on or what we have to do? I want answers and I want themI feel strongly that this is all intentionally done and that BofA benefits from creating these false modification files. I have to tell you, I am sure many many people have told you they would fight you to the fullest for this same scenario….but I promise you, not one of them will fight as hard as I will! I have 15 years of banking experience and have no problem throwing a good sum of money at an attorney to get revenge. Maybe BofA should know there customer a little better….you never know who you might be dealing with. My fiance’ built this house w/ his own two hands and we are not about to have it STOLEN from us!! I have conducted seminars for hundreds of people for my business….and have friends in the media…I would love to opportunity to get on camera and speak about this.
I want an answer today as to how BofA is going to FIX this mess that they pulled us into. WE NEVER EVEN ASKED FOR A MODIFICATION!!!
Otherwise, I will allow our attorney to move forward, and I will support John Wright vs. Bank of Americaby providing all of my evidence to them to further their cause. I will be contacting the investor on the loan this afternoon to let them know how this is being handled….if they aren’t already aware of it. I will also call every singe rep at the CEO’s office all day long, every single day….this I promise you. I will fill up voice mail boxes. I will send faxes non-stop to every fax number I can find. I will contact outside agencies and have them start calling into your offices as well since several have already offered to do so. I will do whatever it takes……until this is fixed for usI want answers today….no more delay tactics!!!
TODAY!!!! HELOC account is showing as charged off!!!! Bullshit!! I can show you email after email between myself and your reps where I was told things were being “reviewed” etc….why didn’t any one of these reps over all this time tell me to make any additional payment after the 3 payments were made? How much is our monthly payment? How did it end up “charged off” so quickly? Suddenly I am told by Aaron Hooper via his email dated 7/23/2010 that the reason the account went into “charge off” status is because we stopped making trial payments? WHAT? We were only told to make THREE payments within 90 days…which we did….then we called over and over again and not one person could tell us what amount to pay next and on what date??? How could we have defaulted if we were never told what to pay in the first place? Why didn’t any of these three reps tell us our payment amount…..or to pay anything at all….all we were told over an over again is that the were “waiting” on this or “investigating” that! then he disappeared on me, then I was passed over to Mike Boling (who ONLY calls from a blocked phone number if and when he does call) and then he took off for more than 2 weeks and I was dumped on Aaron Hooper (972-781-5493) who can only tell me that he cannot see my file and that he “has his own workload” and that my file is actually withMike Boling….who never is available….so my question is; what kind of scam are you running here? What exactly has been accomplished here in all this time? My biggest question is: why hasn’t one single person in all this time told us to make a payment or that this account was at risk? How come we don’t even know what our payment amount is huh? Not once was I told how much to pay or what to do with this account. Not once was I told that the account was in any type of risk. In fact, I have a very specific email from Timothy Edwards dated 6/10/2010 that states that the account was put on “freeze” and that a negotiator was being assigned to our file….blah, blah, blah. All nonsense. Would you like to see all of my documentation?….the whole file?….I have HUNDREDS of pages that I will gladly fax you every dayuntil someone ACTS on this and corrects it. I’ll tell you what. If I don’t hear from you this morning, I’m going to start faxing pages, random pages, to your office….and I will keep doing so indefinitely.HELOC. When we called into BofA we were essentially pushed into giving information to put us into some “program”. All we wanted to do was to call in and let BofA know that although we are a few weeks late, we will be making our payments….no problem. Next thing we know we are instructed to make 3 small “trial payments”….so we did. During this time we were told (and I have everything documented) not to make any other payments and to disregard our statements as further instructions will arrive via FedEx after the 3 payments were done…..well guess what? It never happened.
On 06/05/10 Jennie Gheesling wrote: Dear Mr. Moynihan, First of all, let me say thank you for assigning Al Rivas to assist us. I would like you to know that in the past year, he has been the ONLY one to even try to help us. He has been very professional, cordial and seemed to really want to help my family. This is unusual as no one else in your company has offered any help over the past year. He helped me to fill out and gather all information, and to make sure that it was put into the hands of an able negotiator.
I would love to be able to tell you that with Mr. RIvas’ assistance, we received the help we need. However, that is not true. On Monday, I received a call from Tonya Mangum who wanted to gather all of our financial information. I tried to explain to her that I had just faxed the information to Mr. RIvas along with a financial packet. She wanted to gather it again. This is what happens each andevery month. She even said she had nothing on file- other than information from 2009. I have submitted this information since my first phone call to BOA in September of 2009. I have faxed it, gave it over the phone, and fed ex-ed it twice in an envelope your company sent me in December and March. Nothing since then has changed. I tried to explain to her that I had just sent it- and that I was at work (as a teacher- i was at school trying to prepare my classroom) and did not have the information withme. I also had a 2 year old screaming in the background. She was very determined to get it then. I told her I would rather do it ALL OVER AGAIN when I was in a calmer situation- one in which I could think. I did not want to give false information.
Today, August 4, 2010, I received another call from Mr. Rivas. He said he wanted to double check on my conversation with Tonya Mangum. She had told Mr. Rivas that she had talked to me and explained that we were not going to receive assistance because our note was an FHA and something about 360 days and interest rate change would not benefit us. She DID NOT speak to me- not other than her call requesting the information ALL OVER AGAIN on Monday. Gathering from what Mr. Rivas said, he was told there was no reason to submit to the modification department as we wold not receive assistance. Here is the situation- our financial situation has not changed, we do not have the $5081.00 to cover the 1 month we missed plus late fees. We WILL fall behind again when winter comes and construction slows down. My husband is working now, but he is still making almost $300 less than his weekly salary when we purchased this home 10 years ago. Another fact- I as a teacher in GA, have not been given a salary for the upcoming year- but have been told to expect further cuts. You can imagine that while I was not surprised at the lack of assistance, I was disappointed. I am also frustrated that she can say she talked to us andNEVER called. I do not understand how your employees are allowed to lie, and to continue to drag their feet in helping homeowners. I know there is a system in place, and procedures to follow. However, I have followed procedures for almost a year now. I am diligent about trying to makethe payment, to send and re-send and fax and refax information.
This lack of professionalism has been across the board with every phone operator/adivsor that calls me each month, with Nettie Westerman, who closed our case in May, and with Tonya Mangum this week. I know at I am not a wealthy executive in a major company, I am not even a stakeholder in your company. However, I am an educated, highly qualified educator in rural Georgia. If I were to treat my customer- stakeholders/parents/students- the way I have been treated; I would be fired. I also know that if my boss- my superintendent- were letting this go on in his company (our school system) he also would be fired. It makes no sense that we are being strung along each and every month and told to wait another 90-120 days for an answer…keep making payments while we evaluate.
I know I have a contract with BOA, I know we signed on the dotted line. But the way I see it- BOA can string us along telling us to keep paying while we look and see if you qualify, it will take 90 -120 days….and continuously reject us . You see- you know that I will pay it. You know that you can keep making me work for help,never intending to offer it, and still collect the money because good, hardworking, American middle class folks want to keep their homes. I am not sure why this is your policy. I know their our government programs available- modifications, HAMP etc…I know you have the money to do it and you have the government on your side. The government has programs out there. You could help!
I know you can help and that we do qualify for something. How? Mr. Chad James at The MAC group has told me he can get us qualified for 3 (yes, three) programs. However, about the time we asked him for help, Mr. Rivas began calling us. I know he is trying to make money, I am not naive, but I am wondering if he is the only one telling the truth- BOA has no intentions of helping you. Why would they? They could qualify you for the same HAMP I can., but they won’t. If I had the extra money, I would pay him and get moving on the assistance. I am afraid he is the one telling the truth here- BOA does not care about its customers.
This is not a situation that we wanted to find ourselves in. We did not quit work, we are not lazy, we are not trying to get a free ride. We did not buy a home we could not afford. At the time, when the economy was thriving, we were set. We were in an ideal situation for our family. We were staying a float and making payments on time. Once my husbands company went bankrupt and the state cut my salary- we began having trouble. We are only asking for what each and every recorded voice tells me when I call- HELP- Each time I call it says “Thank you for calling BOA, we are here to help!”
I realize that you are wealthy, you do not live from pay check to paycheck, that you are probably not even on a budget. Your biggest decision is where to vacation, what fancy restaurant to eat at, which fancy private boarding school to send your kid too, which color of Mercedes should I get? The Gheesling family on the other hand, has to decide IF we can vacation, what should I cook for dinner-or can we afford to eat out after church on Sunday, which kid needs school shoes the most? and where is the cheapest place to get gas this week? Now, I am not complaing, I love my hard working husband, I would never trade my kids for anything, and I love my job as a lowly 4th grade teacher. And I would NEVER, EVER, being willing to compromise my values, the well being of another person or their family, so that I can get richer. I guess the saying is true- “the rich get richer…” and I guess Mr. Moynihan, in our case, the poor get poorer.
Again, I am not asking for a free ride. We are only asking for HELP! even temporary help at that. because, according to what I have researched, the HAMP program is temporary. That is what we need….help, assistance, reconsideration…..90 to 120 days is a lifetime when you are behind and struggling to make ends meet. Oour financial needs will change in the next 8 years- our oldest will be a college graduate, our youngest a middle schooler. We want a viable future for our three kids, one where our toughest decision is not which bill can we cut out this month so that we can pay the mortgage- until the economy improves and we are able to get my full salary again, and my husband finds work in his field- surveying.
You, as a leader of this HUGE company, have a choice to make. You can continue to allow your company to drag their feet, and take down thousands of families. Or, you can choose to make a difference. I have watched John Wright’s videos, visited his website and even at first thought he was making it all up. However, after the way we have been treated by people like Nettie Westerman ( who closed our file but NEVER talked to me personally nor would return my calls) and Tonya Mangum (who is a liar- she has yet to call me), and the countless other operators across the USA who have taken my information- I have to say I believe he is true, he has a valid point and argument. BOA is about making themselves bigger and better, who cares that we squish a few commoners along the way. I am all about making the mighty buck, would like to mkae a few more myself, I am not against hard work. These are hard times, and if America is to thrive- we have to do it together. Please find it in your heart to help us…
Thank you for your time, for assigning Al Rivas to help us- he has been the only one to do this! I hope that in the scheme of things you will understand that in these hard ecconomic times, there are so many families like mine asking for help. You can’t save us all, however if I am correct, your company has been bailed out by the government. You could extend that gratitude, and funds by helping your customers.
Thomson Ga 30824
On 08/05/10 wrote Christine Hinds: My name is Christine Hinds and I am very aggravated with the entire home modification process with Bank of America. I lost my my in March 2009 after 24 years of service. I have never been late with my mortgage. In November 2009, I realized that I would begin having problems keeping up with the mortgage payments of $2,871.00 plus utilities. I contacted Bank of America andwas given a temporary modification from February 2010 through May 2010. During those months, I have emailed, faxed, Federal Express every document that was requested. Each time I would send a package, I was told that they never received it andhad to send it again. This went on for months. In April, I received a letter stating that all documents were received and my modification in under review. I called in May, June and July to find out status and was told that I did not qualify for the home modification but is under review for another program and to continue making the trial period payments. I never missed any of the trial modifcationperiod payments. I received a letter on August 3rd stating again that I did not qualify because I failed to sendin requested documents. I never received any notification that I needed to send in documents. I feel that Bank of America is playing games. This is already a very stressful situation knowing that it is possible that you can be homeless and no one seems to care. Yesterday, I spoke to a representative and she wanted me to pay $8,000 in back payments to bring my account current. What is going on? I want to stay in my home but cannot afford the regular payments. I tried to sell the home but cannot finda qualified buyer. Is this the American dream to toss people out of their homes because they cannot pay full interest to a big bank. My husband and I can afford to pay the modified payment of $1,871 plus utilities, food and clothing to keep us afloat. So many customers are experiencing the same thing which tells me that Bank of America is truly scamming their customers because they want to force them into foreclosure. That is not good. Therefore, “I support Johns Wright vs. BofA Lawsuit!”
Update on 08/23/10: Dear John, GOOD NEWS. I got a call from Kathy Middleton a very pleasant and informative woman from Bank of America CEO’s office the very next day from sending email below. She wanted to me to explain my situation and how she could help me get the matter resolved. Basically, I had to start the process all over. I was apprehensive because I felt they were playing games. Anyway, I decided to do it. I sent her all the documents (71 pages) she requested in PDF format via email on August 12th. At least I had proof of the documents that were sent. Would you believe I still had MISSING DOCUMENTS. LOL! She mailed me the documents that were missing to fill out and return. While waiting for the documents to arrive in the mail, I got a call from Kathy on Thursday, August 19th, she said that Dola Travis a loan negotiator was trying to reach me. I immediately called Dola and she told me that she was awaiting the documents that I emailed to Kathy and she would let me know the status and if I had any questions I must give her a call. Dola explained that I would denied modification because of missing documents but an appeal can be done but it would take another six months. She said that BOA may be able to do an in-house modification because the trial payments, which I paid faithfully each month, were not enough to keep the mortgage current and it could force the home into foreclosure. She said if I had any questions, I must let her know and she hung up. When I got home from work on Friday, August 20th, there was Federal Express package from BOA. I thought it was the documents that Kathy sent. Inside was an approval letter. See attached. I blackout the loan number for privacy.
I thank God who is the head of my life, you for your determination to seek justice for struggling BOA mortgagees, Kathy Middleton (BOA) for keeping her promise to see this through, and Dola Travis (BOA) for her quick response to settle the matter.
In my opinion, I am one of the few people who got an excellent modification. The terms are:
Reduction from 6.375% to 2% for the 1-5 and gradually increase to 4.5% until the maturity of the loan. My monthly payments when from $2,871.00 to $1,871.00. They added the shortgage payments from the trial modification to back of the loan. My loan amount increased by $8,700.00. The point is, I can afford to stay in my home. THANK YOU GOD for that. It truly is a blessing.
John, thanks again for all that you are doing. Keep on writing on your blog because the information is very helpful.
On 08/06/10 Mary Jo Cooper wrote: My loan began withCountrywide. The housing crisis began there hence. They kept offering me more money saying my home was worth more. I was a school superintendent then. I since became ill, unemployed and disabled. I applied for the loan modification. I was first offered a program withan interest, send the papers in and then was called and told I did not qualify for that program but I qualified for the 50/50 program and paid into it for the last 11 months. I called monthly on the permanent status of my loan and was always told everything was fine. No one warned me of things to come. Countrywide had me on the first program and then BofAhad me on the second program. When I called to make payments the automatic payment system asked for the 50/50 payment. I was offered a modification on May 12th 2010 and I called because I was confused on some of the funding language and many of the charges. I talked to Karen 9779 and she said not to sign it and would go into immediate review and I would hear in 7 to 10 days. I called just about every week and timeline was continued to be pushed back. I cried and pleaded and I was told everytime not to worry, there would be no problems. I did this until I received a letter on July 31, 2010 and the letter was stating I was turned down for modification and I had to immediately pay $3600 and $20,000 in Aug. to stay out of foreclosure. I finally talked to Stephanie Rice 568-5493 she said I would have to sell or short sell my home which was already inflated in loan debt through Countrywide. I was devasted and became very ill on the phone with dangerously high blood pressure. It was so high that I fell down a flight of stairs on my head and ended up in the hospital. Due to Countrywide’s fraudulant practices and BoA’s lack of information, honesty, lies, deciet and unbelievable procrastional I now owe an amount of money that makes me homeless and helpless. I am disabled and this situation is putting my life in danger. I want my inflated loan adjusted, the law was broken, to a honest assessment, foregiving fees, charges,and assessments assigned by you in my denial letter. This all brought on by your lack of promptness and appropriate attention and continued assurances that everything is okay. I want a lower interest rate. I have been lied to, cheated and ignored. Not once did someone tell me that this could happen or refer this disabled person to anyone for clarification. This is evil. I am now part of “I support John Wright vs. BoA Lawsuit”. I would prefer immediate attention and closure with mutually agreeable terms. Mary Jo Cooper xxx xxx xxx Lake Dr. Kalamazoo, Mich. 49009 Loan number xxxxxx. My phone numbers are xxx-xxx-xxx or xxx xxx xxx. Leave a message if I do not answer. I am busy being treated by 4 MDs because of the crisis you now have put me in and I will, with their encouragement hire a personal injury attorney. My family also has access to Michael Moore through the Sisters of St Joseph and I am sure that he would be concern that you are busy making the rest of this country look like his beloved Flint, Michigan.
Update on 08/12/10 Mr. Cooper Wrote: I just spoke to two different departments at BoA. One said that nothing is being reviewed on my modification. The second Hope department said that I was in review but be prepared to have nothing change. Can you believe they said call back in 10 days. Something that I have been doing since Jan. As every day passes the charges go up. I did speak to HUD who can’t believe the number of complaints. They are sending me information and consequentually an appointment. Off course the end of Aug. is coming along pretty fast. God Bless You. I hope I can survive this. The pain is terrible
Date: Aug 7th, 2010
On 08/07/10 Wayne & Bonnie Nelson wrote: To Whom It May Concern: I am a contractor who’s business has been devastated by the economy. Last March 2009, we were unable to continue to make our mortgage payment of $2500 a month. Our loan was through Wilshire mortgage and we applied for a loan modification, and we were told that we would qualify for the Obama plan. After filling out all of the worksheets that determined how much we would have to pay, we were told that our payment should be around $1,300 a month. Month after month passed, I would call and check on the progress of the modification. Then on Feb 7th 2010 we were notified that our loan was being transferred to Bank of America. I called the number and was told that we were being considered for the Obama loan modification and Bank of America would continue to process our loan modification. I continued to call the loan department on the progress of the modification, and was told they were working on it.
Yesterday the 7th a overnight package arrived stating that we had been accepted into the loan modification program, and that I needed to sign the forms and have them over nighted back no later than the 8th. It is impossible to have this back to you dated the 8th. Imagine my surprise when I read that the terms of the modification, that my payment would be $2,308.75 a month. After waiting for 16 months for an answer, my payment was to be $200 a month less than the original loan payment. There is no way we can make a payment that is basically the same as the original. Based upon the amount of our income and the formula for the Obama plan, we should have a loan reduction to the $1,300 a month levels. That we can make. There is no way we can make a $2,308.75 a month payment.
It is difficult for me to understand the reasons for your actions, that I am being penalized for the $33,000 interest accrued while you took 16 months to determine where we stood with your program. I am 67 years old raising two grand children on somewhat of a fixed budget who can make a $1,300 a month payment. We were first devastated by the economy, and now we are devastated a 2nd time by Bank of America. Help, this is so wrong. We believe do to the 1 day notice, the fact we live in a mountain area and are unable to meet the impossible deadline, that you have no intention in honoring any agreement. You have lied to us about the Oboma program all along, I have taped phone calls talking to your representatives assuring me that we are meeting your Obama qualifications. Why have you waited 16 months to notify us that we have qualified to make the same payment we were making, We are screwed, and we believe that there are fraud issues here. You leave me no recourse but to publish all of your fraudulent correspondent on the internet, to contact my attorney, Mike Nelson, Danville, California. I am contacting my senator, Orin Hatch, the President and Vice President, all banking regulatory agencies. I am not going to go away until justice is served. The last horrible 16 months has just been a terrible experience and we need to know why you have put us through this.
Wayne & Bonnie Nelson
On 08/07/10 Gerri Carter wrote: My Name is Gerri Carter and I was hoping to tell my story to see if there is anyone else out there that are having the same issues with Bank Of America and their Making home affordable modification loan. And maybe there is someone out there that can guide me in the right direction before we lose our home.
Here is what happened to me. My husband and I applied back in August 2009 for this new Obama plan Making homes affordable We called the HOPE line and they helped us get in touch with our bank The Bank Of America (which we had country wide before but they sold out to BOA) which they said they could help the BOA took our information and gave us a 3mth trial payment then they would let us know if it all went through for us. We received to proposals from them on of which was the making home affordable and one was a Step Rate plan. The step rate plan was so much better so of course we chose that one. So in Nov. after our 3mths of trial payments we received mortgage modification at 2% which would increase in years to come it would be great for our family to get back on our feet. we signed the paper work and sent it back to the BOA via Fedex envelope that the bank provided in the package they sent us with the new payment that was proposed. Our first payment would not be until Feb.2010. We made our Feb payment and in March received statement from the bank with our old mortgage rate so I called the BOA and was told that everything was fine it takes about 60 to 90 days to expedite the paper work and to keep paying what new loan was. So we did so. We would receive letters of foreclosure I would call and was told same thing NO WORRIES. So I started to ignore letters thinking that they said 60 to 90 days. We kept paying our mortgage on time the amount that was given to us by the bank. Then at the end of May 2010 we received yet another foreclosure notice and my husband call me I told him I would call the bank again to see what was going on. I called and at this time almost 6 mths later and was told they never received our sign contract with our new payment plan back in Dec. I could not believe this was happening they said well you should of called to make sure we received it. I called a lot over this 6mth time asking about payment and why getting statements and letters and was told not to worry very busy with all applicants and it takes 60 to 90 days. I did not have a fedex tracking number for I put the envelope that was provided by the BOA in a Fedex drop box. Now BOA has all the tracking numbers in there system when they send things to costumers but wow they did not have that one it must of not of got put in. I did call Fedex that night and got someone on the phone that was very helpful looking up dates and where sent we were on the phone for over an hour with no luck being the BOA gets lots of packages. (Thanks for trying Fedex).
I was on the phone with BOA saying they would send me out new loan papers and when I received them it was about $700 more a month then the last proposal and when I called the BOA about this I spoke to some who then explained to me that I was caught in the middle of when the making home affordable plan was going on and that I should of never been sent this Step Rate plan ( which was much better then the making home affordable plan). I feel that they did send me out the proposal on error, but its not my error its theirs. They don’t get credit for giving a costumer there plan and they do for giving costumers the making home affordable plan. Well now I called someone to complain about what was going on and they gave me numbers to the executive/ president office for the Bank Of America I called June 14th spoke to someone who said he would call me back in 24/48 hours I waited until June 17th called again and of course could not get person I spoke to earlier on the phone so I spoke to someone again who said he would call me back. You got it never called back. So I called yet again on June 21 and spoke to someone that was very helpful and got me in touch with our negotiator and she then told me that we would have to go over application again and see if we were able to get our 2% rate back. It went through great!! Wrong. We got the paper work in mail signed it and had it notarized and but it in Fedex box (this time i wrote down tracking number) almost a mth goes buy and I received yet another foreclosure letter OMG not this again. I called and at that time was told first they never received contract so it was voided I looked up tracking number as I was on phone with BOA and saw that they did receive it and who signed for it and they put me on hold and came back yes I see we did get it but it came late. I did send it out before due date it was due to them July 2 and they received it July 6th Im guessing it was a holiday weekend.
So now I am receiving a different kind of foreclosure letter telling me that I have late charges and interest charges for not paying my mortgage since Dec. They want over $14000 from us within 30 days or we will be going to foreclosure.
I was paying!!! Paying what they told me to pay and on time. But what they are doing is charging me pretty much saying that I have only been making partial payments (i remember before all this we asked if we could make a partial payment and was told they don’t except partial payments) not our full monthly payment so thats where the late fees come from.. The thing is if I knew that I was supposed to pay my old monthly payment we would of just kept paying that (yes it would of been hard) but this is our families home and we ALWAYS paid our mortgage it was the FIRST thing that need to be paid before all the other bills.
August 9, 2010
On 08/09/10 Joan Hart, NC wrote: Dear CEO of BofA, It’s with great sadness, that I’m even writing this letter. I have been up all night just sicken to my stomach thinking about how hard my family have worked, and that we have sold our cars and almost everything we own to make ends meet.
This past Saturday I just discovered that for months after signing up for a mortgage payment plan with BofA, where our mortgage payment is automatically debits out of our account for the mortgage payment twice a month on the 2nd and 16th of every month. BofA is not only charging a $4.00 fee twice a month, but I have just discovered that I’m also being charged a LATE fee of close to $67.00 a month. Why am I being charge a late fee, under an electronic payment program? Before signing up for this “Payment Plan,” We were not being charge any late charges. We’re just trying to pay our mortgage, we’re not someone who’s trying to default on a mortgage, or take advantage of skipping payments to become eligible for mortgage reduction.
I have had only 2 hours of sleep, and I’m so upset just thinking about this. Every cent counts in our house hold. Our thermostat is set at 75 degree to save money on electricity, we got rid of our house phone, lower our minutes on our cell phone. Sold our 2003 Jetta and purchased a $600.00 car. The only luxury we have is the internet, since I have been unemployed for over a year. I have gone back to school full time in hope to create a brighter future.
Shame on you for stealing the little bit of bread money we could of used for food. My husband and I are both veterans, and have always tried to do the right thing, because it’s the right thing to do. Every night before going to bed, I don’t pray to win the lottery or ask for money, because I know there are millions of people out there worst off than we are. I pray every night for just a day of happiness. A day we can enjoy as a family with out the stress.
Thanks for making me feel even lower…
Joan Hart, NC
“I support John Wright vs. BofA” Gives me hope!
Update On 08/10/10 Joan Hart wrote: Thank you for your email, I was able to get this issue resolved after 2 phone calls, and I’m happy to report that my account was credited. A representative from BofA have also contacted us.
On 08/09/10 Marcia Fallon wrote: Iam writing regarding the shameful treatment towards my family from Bank of America. Back in Oct 2009, BOA sent me a packet of information to provide to possible do a modification. My husband and I filled out the information, paid the adjusted amount every month on time, and never heard anything. Every single time I called BOA I spoke to a different person (I was told that is the way it is, I cannot request a specific person to speak to) and every time I heard a different story. Then, I received the same packet of information to provide over again, which I did. I then received a call from Debra Darlington who told me she was my contact person, and we were starting the process over because BOA was overwhelmed and was using her company as a go-between. She told me to keep paying the adjusted amount, she would submit everything to the underwriter. In January 2010, Debra Darlington reported to me that we had been approved for the modification program and should receive the paperwork. I continued calling because we hadn’t received it, and wasn’t reaching her, however I left multiple messages. Then in February I received a letter of intent to foreclose. I called three times and spoke to three different people (again because you cannot get the same person on the phone) and was told three different stories, that I hadn’t been approved for modification, that my house was going into foreclosure, and then that my house was not going into foreclosure, and BOA was looking into other programs. I then finally heard back from Debra Darlington who told me that she did not know what the other people were talking about, I had been approved, she had rechecked and I was approved. I then received a letter from BOA telling me to disregard the intent to foreclose letters, that we were fine. I then continued calling Debra Darlington because I hadn’t received the paperwork yet. I did not receive a response, and then I received the same packet AGAIN to be filled out. I called and asked why, and had to speak to four people to finally be told that we were having to resubmit again and start the process over again, because BOA told me they were eliminating the company Debra Darlington was working for, and now I was submitting directly to the underwriter. This was in April 2010. I had at this point resubmitted the same paperwork 3 times because each time Bank Of America needed to redo it. Each time I called, I was told to keep paying the trial payment amount. It was never suggested to me that I start paying the full amount. I continuously called checking in, was told that they were still looking into a program for me. I received a call last week to call BOA and a letter asking for yet the same information over again. I have now been going through this for 10 months. That means 10 months of paying the trial payments as I have been told to do. I have followed everything Bank of America has told me to do. I called last week returning the call, could not speak to the person who left me the message to call, because it was unknown who she was. The person I did speak to told me they were calling me to update me, just to let me know they were still trying to find a program for us, just keep doing as I have been, he then took my payment, again not suggesting I pay more. I received another message to call, did so, was then told I was receiving an intent to foreclose letter. Why the person I had just spoken to three days before could not tell me that I don’t know. The person I spoke to this time was rude, did not apparently care that I had been receiving a major run around for 10 months. I spoke to a supervisor who told me to call with amounts of pay stubs…etc. He told me that if it appears that we can afford our monthly payments then we will be offered a program where BOA would add the amount we are currently behind on (because Bank of America has had to go through this so many times) to our mortgage. I called today to give the information and was told in less than a minute there is nothing we can do. Nothing. 10 months of Bank of America making me redo this over and over because the system Bank of America was using wasn’t working, 10 months for me to get behind, and now too bad. I called again, and was disconnected. This makes me sick. I have no problem paying my regular monthly payments, but I cannot come up with $8000.00 in less then a month, and it should never have come to this. I am now on hold for my fourth time today. I am at work, and do not have time to deal with this. I have never been treated so badly. If I do not get some answers I will be contacting a lawyer, and apparently I am not the only one.
On 08/09/10 Michael Carrington wrote: Sir and Madam, I asked Bank of America for help with my loan when my job ended and not only would they not help, they falsely reported to the credit bureaus that I was under a Home Loan Modification. I never signed any paperwork asking for or consenting to a modification. You went as far as to set up special accounts to place my payments into that made my timely and full mortgage payments late in your own system. Your bank sent a letter telling me they fixed that part. No apology, no concern, No lessening of your damn late fees. Your bank ruined my credit costing me my business and now current employment due to my low credit scores. Months of being lied to, hung up on, I proved them wrong and have letters saying so from your bank and still they refuse to fix it. They have categorically refused me a forbearance saying I signed away my right in my mortgage deed. They are trying to force me into foreclosure and take my home. They won’t let me get a job due to my credit scores and have cost me a job last month. I called on the 30th to tell then I cannot pay my mortgage and need a forbearance and they said there is no such thing at Bank of America. I had a credit score of over 740 and had never in my life ever made a single late payment when you falsely listed me as being in a home loan modification and ruined my credit. I would not need a forbearance if your company did not ruin my credit. I have been passed over for a job last month due to low credit scores. I earn over 6 figures a year so those offers don’t come that often. I could have paid you but you wouldn’t let me go back to work, or get credit to continue to work and I need the forbearance to get through. I want to see my loan document that says I can’t get a forbearance. THIS IS NOT MY RESPONSIBILTY THIS IS YOUR BANKS RESPONSIBILITY. I DID NOT RUIN MY CREDIT, SHIT MY CREDIT SCORES, HAVE LENDERS TAKE AWAY ALL MY AVAILABLE CREDIT AS ALSO DID YOUR OWN BANK. YOUR BANK ACTED ON YOUR ON FALSE INFO AND MALICIOUSLY HURT ME. I HAVE BEEN LIED TO BY YOUR STAFF 100 TIMES AND PURPOSELY HUNG UP ON MORE THAN THAT NUMBER. WE WILL SUBPOENA THE RECORDS AND SHAME YOU TO THE PUBLIC. I WENT INTO A BANK IN NASHVILLE AND HAD THE GIRL CALL. SHE WAS HUNG UP ON 5 TIMES AND AFTER 2 HOURS I LET HER OFF THE HOOK AND LEFT THE BANK ONCE AGAIN A VICTIM. YOU ARE ABUSING THE PUBLICS TRUST. I HAVE BEEN A WEBMASTER SINCE 1994 AND ARE ONE OF THE BEST SEO GUYS IN THE COUNTRY. I AM COMING AFTER YOU WITH A VIRAL MARETING CAMPAIGN TO RISE UP A GRASS ROOTS MOVEMENT AGAINST YOU. I WILL TURN PUBLIC OPINION AGAINST YOU WITH TWITTER, FACEBOOK, 50 WEBSITES, FORESQUARE , MASSIVE EMAIL CAMPAIGNS, AND ALL SOCIAL MEDIA AIMED AT YOUR BANKS HEART. I will stand up in churches and tell the congregations how evil your bank can be. I have started with www.bankofamericascrewedmeover.com I plan on finding every aggrieved party in America to stand up to this type of abuse. THERE IS NOTHING BIGGER THAN THE WORLD WIDE WEB TO TELL THE TRUTHS YOU CANNOT STAND TO HEAR. You will need some reputation control management because when someone types in your Bank’s name it will be all negative. All I have to do is tell the truth and show others how to as well. 50 websites aimed at every keyword you rank for. God Bless America and I can do all things through Christ that strengthens me! All of my banking for over 10 years has been done at your bank. Now you have torn down all I have built up. I asked for help to fix these issues and all I got was lies, and hung up on. Just ask your own employee that tried to help me. I Support John Wright and All Americans That Have Been Abused by Bank of America and the United Law Group
On 08/09/10 Alyshia Purnell wrote: Brian, After months of calling and writing letters someone from youroffice by the name of Steve Moreno finally called today and basically told me to bad since I signed the final modification documents. Your representative are incompetent and are not trained to handle questions concerning the modifcation process.
I plan on joining this lawsuit with John Wright and if I loose my job as a result of Bank of America’s incompetence I am going right down to the closest news station.
You may read the letter I sent below.
— On Fri, 7/23/10, ALYSHIA PURNELL
Date: Friday, July 23, 2010, 6:39 PM
I was contacted via mail by your institution advising that I had been approved for a trial modification which allowed my current mortgage payments to be reduced. I started on 11/30/09 (December Payment) and made six timely trial modification payments. Then I was was notified on 05/20/2010 that my permanent modification had been approved which started my first dilemma. I had already made my trial payment 04/30/2010 for May ,so how was I expected to may another payment in the month of May.(Steve Moreno said I should made it by the end of May and make June payment when?) I immediately contacted BOA and spoke with several representatives who all advised me of different options but no one had a concrete solution. They all urged me to wait until the final modification documents were processed and that should resolve everything. They told me to send in documents I believed to be incorrect and told me that would bring my account current. I also sent a letter expaining my confusion with the final modification and asked for someone to return my call before processing it. I urge you to listen to the tape recording of our conversations because I know the notes your representatives recoreded do not accurately surmise our conversation.
Further the letter you sent advising I was approved stated ” The modification of your loan will be effective on May 1, 2010. This means that your first payment under your permanent modification also will be due on that date. In order to have enough time to process your modification after we received your final trial period payment, we have extended your trial period by one month and the effective date reflects this extension. You ARE NOT required to make another trial period payment during the month. However, if you don’t make the trial period payment during the extension month, please be aware that you will not accrue the monthly incentive for that month, and you will increase the amount of delinquent interest that will be capitalizes as part of your modification. ”
So my main dilemma is what month was I supposed to be my extended month? Is it April or June 2010 and why have they completed my modification showing me due for May 2010 but did not credit my May trial payment I already made in that month and did not give me credit as I asked for in writing when I sent in my loan modification to skip a month as offered during my extension month.
You have claimed to escalated this issue and I am suppose to receive a response within 7 days, but I have been calling and writing to you concerning this issue since 04/22/10 and NO ONE gives me the same answer or seem to have a clue how to resolve this issue. They have acknowledged that my May trial payment needs to be re-posted as payment, but they will not concede to re-post April trial payment as June (this is the month I was told I could skip) so I will be due for July.
Ultimately I should be due for July, 2010 as of today which I am able to make. If you drag this on any longer I may loose my job and will be forced to seek legal counsel. Maintaining a satisfactory credit rating is a condition of my employment and you have reported me 120 days delinquent which I was told would be corrected, but has not.
I do appreciate your prompt assistance in facilitating this
matter. I may be reached via mail at xxxx xxxxx Court,
Midlothian VA xxxx or telephone at (xxx)xxx-xxx.
CC: Office of Comp Controller Currency and North Carolina
On 08/10/10 Alice Gureghian wrote: Dear Mr. Moynihan-I’m writing you to express my complete and utter revulsion in the mishandling of my loan moderation. I’ve made all my trail payments and have the bank statements as proof. I’ve supplied all the asked for documentations in a timely manor. I got a notice of trustee sale on my door a couple of weeks ago and my home is set to be sold on the 19th of this month. When I called to ask why I received this notice I was told that my loan modification was cancelled because my home was vacant. Vacant! I live here! This is my home! It’s been my only resident since purchasing this property in 2007. I have utility bill to prove residency. I have dozens of friends that can attest to the fact that I live here and my home is most absolutely NOT vacant. I’ve made many dizzying phone calls without any resolution. Your service reps are highly unmotivated, robotic and flat out rude. What happened to the billions BofA accepted to bailout troubled homeowners?
I need help and I don’t have time to spare. Please help me! I don’t want to loose my home and time is running out. My next letter will be to the Federal Trade Commission.
On 08/10/10 LM Wrote: Trust me this is as concise as I can be;-A year ago I asked to be late on 1 payment due to a change in my pay period. They signed me up for a loan modification through the “Keeping Home Affordable” program. That was a year ago, after a year of me continually calling them (I could not even tell you how many times I called and how many people I talked to…. all the way to the CEO’s office!) I kept sending them money each month even though I was told I didn’t need to by some and told the opposite by others. my online accounting did not show my payments until I raised hell last fall and then they were all credited on the same date and they still were not labeled payments but MISC, I have filled out the loan papers twice, and still there is no record of the money I have sent them since and the modification is still not complete. I have called my ” workout officer- Terrance Holt” uncountable times, you cannot leave a voice mail it routes you to a customer service rep. who knows nothing! After a sleazy guy showed up at my home and handed me a hand written slip of paper telling me to call BOA Home Loans about my foreclosure!.. I finally kept calling till the “workout officer- Terrance Holt”answered the phone last week and he told me he had “closed ” my loan June 30th, I asked why my online record still showed me in still arrears and my payments not posted and WHERE IS MY MONEY? he said it was in a “special account”. Every time I talked to someone (including the CEO’s office) I asked for written documentation of what they were telling me and they would say they could not provide that, I would ask for their email address and they could never give one. My credit shows me as not having made a payment for a year!
Why couldn’t I just be late one month?
Where is my money that I have sent almost every month for a year?(the only time I did not send a payment was the months immediately following my “approval of my app” and was told NOT to)the answer must be that they are making money off this process…….Who is making money off my money? How is it possible that at the end of this process , I owe MORE than I did when I bought the house 2 years ago? Why can’t I get a straight answer in writing? When am I going to get to see in chronological order penny by penny, what has happened to my account? Who is going to fix my credit report? I am sending this to the CEO’s office before I send it to you and to the State Attorney’s office, I think they all count on we consumers being ashamed of our financial situation and not wanting to complain, well I am DONE with that.thanks for listening
By this time, we had finished making the trial payments and so I once again found myself speaking with a BOA rep on the phone to find out what our next course of action was. They told me to keep making the trial payment amounts and to not worry – that everything was being taken care of and that our modification had been approved and was on its way
On May 7th we received the closing documents that needed to be signed and notarized and sent back by no later than the 15th. That Saturday, we went to our bank which had a notary onstaff and did as we were supposed to and sent it back immediately. In the documents, it said that beginning May 1st (wait, isn’t this already the 8th?) our payments of $2113.40 (wait, weren’t the trial payments of $1937.50 – 31% of our gross monthly income – payments that were supposed to reflect what they would be for the remaining life of the loan?) would be due. I had already made a payment before we had even gotten the documents since I had no idea when we were going to finish the process and didn’t want to get behind on any payments.
Each and every month thereafter we have received notices from BOA that we are in default because they haven’t received payment for the previous month. I haven’t missed a payment!! I again called BOA and the representative told me not to worry. They were finishing with the closing papers and all of this would be cleared up when they had finished.
Yesterday I received a statement saying that the amount due was $2280 (approx.) and that they hadn’t received a payment for last month which is odd since I sent it out last month and they more than happily cashed the check. Today I spoke with another representative who kindly explained to me that because we hadn’t made the full payment in May (even though we were given notice of this after the first of the month and after we had already sent out a payment for that month) that each payment was credited for the previous month and even though I sent out the check for August just a couple days ago, it will be credited for the month of July and so we will be behind a month…STILL!! WHAT????? All we need to do, though, is make up the difference from the May payment and any outstanding late payments that have accrued because of our negligence (if only we had paid every month instead of paying every month). Perhaps two to three hundred dollars isn’t a big deal to some people, but my husband and I have four children and money comes very dearly and goes far too quickly.
Sadly, this hasn’t made me feel any better, but maybe someone somewhere will see my story and the warning behind it. Keep a stiff upper lip. Stick with the original terms of your mortgage (even though it increases every year and the value doesn’t) and don’t believe the hype behind “Making Homes Affordable”. It’s not a life line, it’s an anchor disguised as such. Even if getting essentials for your family becomes a luxury that you don’t have enough money for Perhaps they should relabel it “Making Homes Foreclose able”. We have paid every month without fail and yet we are still behind by a month and are accruing late charges as we speak (at somewhere around $85 – I’m not sure if that’s per month but I’m not sure it matters). This will undoubtedly begin to leak into our credit report since we’re now in default. This experience makes me wish we hadn’t applied for the program at all.
Well, thanks for venting. If there’s anything you can do to help us with our situation, that would be great. I won’t hold my breath, though. Having an underwater mortgage makes it so you need every breath you can get.
I support John Wright vs. BofA lawsuit.
I am sending these letters “RETURN RECEIPT REQUESTED” to the following:
Brian Moynihan, Charles Holliday, Charles Noski and Barbara J Desoer. As many Americans I have been a victim of the economic downturn. I have been in my home since Oct. 1991. I have NEVER to the date of this writing made a late mortgage payment. In January 2010 I began my inroads to affect a mortgage modification. I met all of the basic requirements under the Help For Homeowners and Making Homes Affordable guidelines. I received a packet to complete from Bank of America in early February. I believe it was less than 24 hours that I returned the completed packet to you via Fed-EX. I have made no less than 60 phone calls to follow upon this request. (I have the names and I.D. numbers of most if not all of the individuals I have spoken to. I can provide them upon request) I have also contacted the Home Owners Preservation Foundation (a government endorsed advocacy group) and the Bank of America Rep to whom we spoke would not engage in a 3-way conversation; rendering the entire effort fruitless. (Bank of America informs callers that their calls are monitored however) Most recently I have been receiving PRE-RECORDED phone calls that say: “The packet you RECENTLY sent (recently? how about in Feb) regarding your loan modification is missing SOME DOCUMENTATION. PLEASE REMAIN ON THE LINE AND A CUSTOMER SERVICE REP WITH BE WITH YOU IN …..5 MINUTES” Again this was a pre-recorded message. In my effort to satisfy your requirements I have remained on HOLD for extended periods of time and never did get a live person. (Once again I have the detailed documentation in my planner including the phone number from which the call originated, most assuredly indicating Bank of America. Is it the modus operandi of Bank of America to delay the modification process as long as necessary to ensure that the mortgagee can no longer meet the requirements of the program and thereby setting the stage for the foreclosure fast track? It seems quite obvious to me that it is! This is the bottom line. I have always been vocal in the media regarding issues of major concern; frequent letters to the editor, news articles and the like. ( I can provide some of my RECENT work if you like) I have been making my inroads with local radio stations (WENG) as well as local TV station NBC-2.com and our local newspaper “The Charlotte Sun “ ( The nations #1 local daily paper in the nation; for whom I worked for 5+ years and continue to enjoy their respect ) as well as national & local news stations NBC, CBS ,ABC, FOX, CNN and anyone willing to listen. They ALL seem quite interested, with many of their viewers, listeners and readers finding themselves in similar situations. As a matter of fact, a teller at my bank pursued a modification and they received an approval for $200 MORE A MONTH THEN THEY ARE CURRENTLY PAYING. She’s quite excited to participate in this public Bank of America flogging, locally and nationally. Make no mistake I will continue my vocal effort to inform the public of the abhorrent behavior on the part of Bank of America. You must recognize you currently enjoy a RATHER NEGATIVE STIGMA within the financial industry; which I will relish in continuing to negatively foster. In the event I do not receive communication regarding this issue, from any of the above mentioned recipients I will ABSOLUTELY will continue to engage the media, consumer groups, general population as well as any other sympathetic ears I can find. Be assured this is not a veiled threat. I’m certain there are a plethora of your customers as frustrated as I, and a simple public notification asking customers in this situation to come forward will undoubtedly result in an avalanche of responses. BE ON NOTICE I will no longer be remitting my mortgage payment to Bank of America and instead set up a separate account exclusively for deposit of my timely mortgage payments. (perhaps this will get your attention. Lord knows nothing else has). I relish the opportunity to go before a reasonable judge, (should you decide to pursue a foreclosure) with all documentation of my concerted efforts to attempt a modification as well as the receipts for these letters (sent return receipt requested) They would surely see that the payments were available even though Bank of America was not. What say you?
Be advised I will make this letter available to the media and consumers in its entirely. Additionally, at this time I make a FORMAL REQUEST for my ORIGINAL LOAN DOCUMENT copies to be sent to me. I have attempted to pursue this several times to no avail. Govern yourself accordingly.
On 08/13/10 Sarah Pasha O’Brien wrote: Hey there my name is Sarah Pasha O’Brien. I have been banking with you for the past 6 years and your banking is getting ridiculous. You authorize charges make your account go over and then charge NSF fees. Even the fact is when you do not have money in the account you are not available to make a purchase. Apparently I got charged NSF fees 4 times over for 0.04-. But when I do not have money the funds do not go through and my card declines. I do not understand anything else they were trying to explain me. Made absolutely no sense. I have given them over $300.00 in my account for NSF but the catch is I had the amount in my bank and it was authorized so I had funds. I will be coming back to the US after my vacation and closing my account. “I support John Wright vs. BofA Lawsuit!” . The copies below are screenshots of my account and activity.
Sarah Pasha O’Brien
My name is John Wright AND I AM FIGHTING BACK!
All Rise! The Honorable John Wright has left the Courtroom of Public Opinion!
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