My hardship began spring of last year. I had been diagnosed with severe hypertension which was of great concern to my doctor since my mother had her first heart attach at 34 years old, and a stroke at 38. In the months after I was rushed to the hospital in an ambulance on two occasions, and was placed in the hospital for a series of tests on multiple occasions. To make a long story short, after all of the tests – I was told I had a brain tumor that was causing most of problems.
This news didn’t come quickly enough, as it took almost 6 months for the doctors to figure this out. I am a special education teacher with tenure, however due to the numerous tests and just not feeling well – often I was unable to work causing my pay to be docked. That in itself caused me to fall behind on my mortgage payments and all other bills I incrued. I made Countrywide and Bank of America aware of my dilemma and asked for help with my mortgage amount at this time. My doctor put my on FMLA- Family Medical Leave of Absence at this time so this made my situation even worse. I still had a small pension from being disabled while serving in the United States Navy. I also had my child support. I requested a home modification from BOA, they stated there were no modification programs that I was applicable for at this time. I continued to call twice a week at this point asking if I was applicable for a program.
In July, I became desperate and decided to try to rent my home out as suggested by BOA to subsidize my income. I have a three bedroom home with a full finished basement. I allowed a family to move in with me and my daughter. My daughter and I lived in the basement, while the family lived upstairs. Unfortunately, I received one partial payment from them and then it took me until the end of October beginning of November to get them to move out of my house. Around this same time, I received documents from BOA for a modification. It didn’t lower my payment to reflect my hardship – but it did allow me to stop the foreclosure process. I was grateful. I sent the paperwork back, and then was told that I didn’t do it correctly, and I lost my modification. I called an agency that specializes in modification paperwork – however I was already facing such a hardship that I couldn’t afford to pay to utilize their services to assist with the paperwork.
Furthermore, once my tenants moved out, I had to move my home furniture – at least some of it to the garage so I could get the carpets cleaned because they had a male cat that sprayed throughout the upstairs.
To make matters worse, my doctor had placed me on bromocryptine a low grade chemo therapy drug to shrink my brain tumor. Despite the nausea I experienced from the medication, I requested to go back to work so I could pay my mortgage and save my home. Around this same time, I researched names of corporate executives at BOA and wrote them my story – stating the facts that I had tried to mail in payments in accordance with the modification, I even tried to call in payments – according the agreement – and BOA refused them. When I called, I was spoken to very rudely, passed on from person to person. To make matters worse, I came home to meet the carpet cleaner – and found a note in my window – stating the property had been taken over by BOA – all of my locks were changed. My back gate was pad locked. My garage was pad locked. All of my belongings were in my home. I had never received any information in regards to BOA seizing my home.
I called the company that works for BOA. They gave me another number to call at BOA and I was then assigned an advocate – Mr. German Rivas in the Home Retention Team. This all occurred before I was even assigned a mediator from TROTT and TROTT the attorneys for BOA. It also occurred prior to Christmas. I pleaded with Mr. Rivas stating my situation. I explained my house isn’t vacant and that I needed my keys to the house as my daughter and I are now in essence homeless. While waiting for Mr. Rivas to return the keys to me via FED EX – which took about a week. I stayed with my father, and sisters.
I even went as far as asking my ex husband (Retired NAVY Chief) to take our daughter temporarily (as I didn’t want her to spend the holiday and her birthday going from house to house). At least he was in a position to provide her a home. What my family needed at he time was structure and security – and instead this ordeal caused me undue stress and complicated my health situation even more.
Once I received the keys from Mr. Rivas, I went into the home and found that contractors for BOA waterproofed my home, they had my water turned off, they dumped all of the water from the tank in my house onto my new carpet in the basement. I had just remodeled my basement three years prior and spent 10,000 dollars. The carpet had sat in that condition for over a week – and the carpenter that I had look at it to get an estimate for repair stated mold and bacteria had already started growing there – and the carpet needed to be pulled up and replaced, the floor disinfected and perhaps some sections of the drywall to be cut out.
Also, my side door was smashed with a blunt object (and my neighbors will attest to that). I have dead bolts on my doors – and all of them were locked. The company that BOA hired to winterize my home, couldn’t pick my locks – therefore, in order to enter my home they hit the dead bolt cracking my door frame, breaking out the dead bolt altogether. Even more, the contractors that BOA hired – cracked my very expensive vinyl fencing and put a pad lock on that as well. They locked my garage with another pad lock – but not before removing my 450.00 stove which was purchased three years prior. All of this was documented, and pictures were sent to Mr. Rivas. I am attaching these pictures for you as well.
Mr. Rivas asked me to meet the contractors at my house to document the damage. I did with another water proofing inspector. I wanted the inspector present to verify the water damage, the cause of it – and to speak with the representative from BOA. The representative stated that he was doing his job. That he hadn’t a clue where the stove was. He stated that they normally pick locks, however the dead bolt was on the door. He took pictures as well. I called the water department, which told me because they placed the water meter on the floor I would have to pay an addition $327.00 to replace the meter.
I was in utter disbelief as my house although somewhat empty didn’t meet the criteria for abandonment. My gas was on, My water was on. My electric was on. The rooms without carpet had furniture, and my basement had furniture. Mr. Rivas stated he would do an investigation and get back with me. I asked Mr. Rivas if I should file Bankruptcy. I explained to him I didn’t want to lose my home. I needed this modification – I would just like my life to get back to normal – as normal as it could be that is under the circumstances. Mr. Rivas assured me that my modification would be walked through. I told him I tried to make a payment on the automated line directly debited from my account. He stated that BOA wont take a payment until after my modification is approved.
All of this went well into January early February. I called several times to speak with Mr. Rivas – no return calls, I called his manager – no return calls. Then I finally got a hold of Mr. Rivas towards the end of February – and I do not have all the concrete dates while writing this letter – however, I do at work (on my calendar/journal). Since I am a teacher, I am not working in the summer. During the call between Mr. Rivas and my self, Mr. Rivas stated my modification had been approved. He stated that Mr. Andrew Bayer was assigned to me. He stated Mr. Bayer would be contacting me once all the formalities of the modification process was complete, however if he didn’t he gave me his number. He stated he was still investigating the damages to my home. I asked when I would expect the modification paperwork. He stated, within a couple of weeks. I explained to Mr. Rivas then that I was being upgraded on my medications. During this transition time I do not feel well. I am usually bedridden. I told him I would be taking my daughter to Florida to spend the Easter Holiday with her father. That I would be staying with my father while my medications were upgraded to receive support from him. I explained I didn’t expect to be back home for at least three weeks. I explained that my daughter and I had been living in essentially a home without a stove. We were however able to clean the upstairs carpet but couldn’t utilize the basement – even for me to attempt to rent it out again. Mr. Rivas told me that it would take at least two weeks for the paperwork, and that after that I would have another two weeks to return the paperwork. I was concerned about this as it won’t be the first time that BOA wasn’t true to their word. I had my dad make runs every other day to my house to pick up the mail from my box. I received a letter from Mr. Rivas stating that my sheriff sale had been postponed and that a contractor would be in contact with me as well as Mr. Bayer in regards to the damage and modification. I was pretty confident that everything would be okay finally. Also at this time, TROTT and TROTT came into the picture. I had canceled my appointment with them after word that my modification had been approved. I wasn’t in need of a mediator. It was a done deal as per Mr. Rivas.
When I returned home, I found the documents waiting for me in my home! IN MY HOME! Which tells me someone went into to my home and put the fed ex package in my house. It wasn’t I. It wasn’t my father. This means BOA contractors were still going into my house without permission.
BOA still had access to my house. They gave me keys to my home, but also kept a set for themselves. These were the same people that stole my stove, and did all the damage to my property. Once I opened the documents, I noticed that the time frame for the modification was two weeks. The time frame had already past since the documents arrived two days after I spoke to Mr. Rivas. I then started called BOA again. I started writing to Mr. Rivas through email. I called Mr. Bayer as well as I received 1 call from him on my work messaging system. Mr. Rivas never called me back. Mr. Bayer doesn’t have a voice mail box. I was told all I could do was leave messages with the customer service advocate and they would expedite my request. I received no word. I called again and again, again – no word! Then the customer service rep. stated they would contact their managers. Well, that didn’t help as they too didn’t return calls. I did speak to a rep that stated they did process my modification paperwork that I had returned notarized etc.
On June 1st, I sent a certified fed ex letter to BOA with a payment in accordance with the new modification agreement plus some $1,120.00. To my surprise I received that back on June 15th.
I then started calling again. I spoke to Ann customer number 9509 and Michelle, 9522. They were very polite. They stated there was definitely a problem. Ann stated she would expedite this to her manager and get back to me – however I was to call back on Friday with all of my financials. She stated that the modification was never processed but it was noted received. That all of the calls I made were noted. She also stated Mr. Bayer commented in my account that I refused the modification. This is false. Then she stated Mr. Rivas moved to a different department. She called the foreclosure attorney TROTT and TROTT which stated I live in a redemption state. That I still had time for a modification. I called back on Friday. I spoke to Michelle. She stated the same as Ann. That something has really gone wrong, and that she would also write Mr. Bayer and his manager for me to call back on Monday. I called back yesterday, and I was told I needed 26000.00 to put my account current. That I wasn’t applicable for a modification at this time. They told me to call the REO department. I called the REO department, which told me that I need to talk to the modification department as there is still time.
There is much more that I could add to this – however – it’s just more of the same (passing the buck). It is my belief that BOA is pushing this along to buy time so I can’t save my home. You don’t understand, this is all I have to offer my daughter. This is our security. I have been pushed along, spoken to rudely, and treated with such utter disrespect by BOA when all I want is to keep my home!
I am asking you for your support. I want a more reasonable payment agreement temporarily at least until I am out of the woods with my medical condition. I want the back payments to be rolled into my mortgage. I want the stove that was taken to be replaced or be reimbursed for it (which could be rolled into the amount of the mortgage). I want the door wall and door to be replaced in my house. I want to be reimbursed for the water meter. I want my carpet replaced in my basement!
As I stated earlier, I have contacted an attorney. I will be meeting with her at 3 today. It was never my intention to file bankruptcy, but I will if it will help me save my home. I also will be discussing my options on filing a lawsuit against BOA for excess stress, the entrance and damage to my home without consent and without the property being vacated unless these matters aren’t addressed immediately.
I support john wright vs. boa lawsuit!!
Update on 04/19/11:Please someone help me!!! I just phoned Bank of America today, regarding the attached letter, dated 4/9/11 which I received on 4/18/11, stating that my workout was denied due to documents not being supplied as requested.That is completely false!!!
My file is at least 12 inches thick from documents I have sent now over the past year and half to Bank of America.
On a monthly/weekly/daily basis/I receive phone calls, federal express package requests and emails from a variety of BofA “home service specialists II” that seem to not know what is going on, stating that they need the same documents over and over again. Thus the emails below from Eduardo and Janelle, within 1 day of each other requesting the same docs.
I phoned the number on the attached letter today and spoke to Hermione, she stated that the last documents that were put in the portal were from February 3 which was an updated credit report they pulled on me.
In the past 4 months all requested documents have been federal expressed to BofA in the supplied return envelopes as well as emails to Eduardo Viquez, Janelle Damus (13 emails), Kayla Thornton (57 page fax), Cynthia Figueroa and Marcela Sester, endless emails and duplicates of documents federal expressed to BofA in their return federal express envelopes.
The email below from Eduardo to Janelle, requests that Janelle put the documents in the portal, but as usual, nothing is in my “file” in the system to date.
I just counted the pages of have federal expressed to Bank of America and emailed to the above names as well as a 57 page fax to Kayla Thornton and other mentioned loan specialists, drumroll please….a Total 267 pages and not a single page made in the system???????
It appears that BofA has continued to be negligent….what happens to all of these documents that I continue to supply. It worries me that my personal information is in the hands of dozens of people representing that they are Bank of America Home Loan Specialists II and yet not a single document can get in the system.
Every document I have sent in as requested, normally the same day or within 24 hours and I have resent these documents via, fedexpress, fax and as email attachments.
Over the past 3-4 months I have supplied dozens of times the following:
The loan modification that I received changed my interest rate from 6.75% to 6.25% and an escrow fee of $5,374.10 will be added to the back of the loan, this modification does nothing for me. I understand that I was found ineligible for the Making Homes Affordable government program, but I would like to propose that my interest rate decrease to as close to the terms of the Making Homes Affordable program as possible. Perhaps offering us a 2 or 3% rate for the first 3 years, then gradually increasing it to 4 or 5% over the next few years, and removing the closing costs that I am being charged. In addition to the loan that you guys are modifying, we also have a second. So this would not only help my family but also encourage me to stay in my home. Although based on income, it may appear that we don’t need assistance, however, because our rental property had a delinquent renter for several months and remained vacant for a few months after her eviction, in addition to my wife being on maternity leave for a few months with no income, this period of time has put us into serious debt, making it impossible to catch up and stay on top of our mortgage as it stands.
My loan paperwork MUST be submitted by July 8th or the deal will be nullified and I would have to start the process all over again and at this point I will not be starting the process over again but do what I should have done two years ago. So please reconsider your offer and contact me ASAP so we can meet the letter deadline.
Holly Smith wrote on 07/05/10: Mr. Brian Moynihan, After receiving no help from Bank of America despite 4 years worth of phone calls, I have decided to contact everyone from my attorney general to class-action lawsuit lawyers regarding my loan with Bank of America.
I have been getting the runaround from Countrywide/BofA for over 4 years regarding my condo in FL. When I financed the condo, I was single and in my 20s with excellent credit, which I worked hard for. Now I’m in my 30s with terrible credit and reluctant to get married because my spouse would also be held responsible for the impending foreclosure. My life has stalled because of this loan. I admit that I made mistakes with this loan, but I was in constant contact with BofA seeking advice. It is clear to me now that you do not intend to help me despite recieving money from the government to do just that. Years ago BofA told me I had to be three months behind on my payments before they would help me. The loan has snowballed out of control since then. Below is my long story in a nutshell:
I had excellent credit when I financed a condo in Fort Myers, FL over 5 years ago. I was single and in my 20s. I moved to Richmond, VA for a better job about 4 years ago. The market went downhill very quickly in Southwest Florida after I moved. As the housing market crashed, there were bigger and newer homes available to rent at half the price of my mortgage payment. My realtor told me the condo would never sell for what I owe on it. In order to avoid foreclosure, my parents decided to sell their mobile home and move into my condo to try to help me. They could only afford to pay me $500 a month. They were very unhappy about doing this; they loved their home.
I applied to Countrywide for a loan modification while working significant overtime hours to keep up with both rent payments in VA and mortgage payments/HOA fees/home insurance and tax fees in FL. After waiting months and months and being transferred from the “Loan Modification Department” to the “Work Out Department”, Countrywide informed me that I didn’t qualify for these departments because I was not more than 3 months behind in my payments.
If I had known this in the beginning, I would not have spent so much time waiting for these departments to respond to my inquiries. Everyone I spoke with at Countrywide was vague and didn’t have my information in front of them and they always said I had to speak with a negotiator who would contact me; I was not allowed to contact them. Otherwise, they said, call back in 3 to 5 days to see if they could check the negotiator’s notes for any change. I heard this over and over and over again for months and months and months while I kept working overtime to pay the bills.
Countrywide then told me to refinance my loan in order to try to get a lower monthly payment. Because my condo appraised too low, I had to bring $15,000 to the table in order to ultimately lower my monthly payment by $200. My credit score was good, but my debt-to-income ratio was too high. I did not have $15,000 to complete the refinance process.
In the meantime, I spoke with someone at Countrywide about consolidating all my debt into the equity that was left on the original appraisal. While this would lower my monthly payments, it would raise the amount of how much I would have to sell the condo for. This just didn’t make sense to me. I knew the condo would never sell for that much. And my ultimate goal was to sell it. I wanted to buy a home that I could live in here in Virginia . I decided to try to continue to keep up with the bills the best I could while slowly improving my debt-to-income ratio. I cancel credit cards and do my best to send in payments to other cards.
In November of 2007, I ask Countrywide about a Deed-in-Lieu of foreclosure. They tell me that the condo must be listed on the market for 3 months before they will even discuss it with me. In order for my account to be on the market and, therefore, sent over to the short sale department, I’m told the condo cannot be occupied. Therefore, my parents move out of the condo. They buy another mobile home and can no longer help me at all with payments. We list the condo in January 2008.
February 2008: Since the loan modification department at Countrywide said that I had to be behind on my bills in order for them to consider helping me with my loan AND since I was starting to lose my overtime hours at work AND because I was not able to keep tenants, I stopped making my mortgage payments which has, of course, shattered my credit score. This depressed me very much in the beginning. I had a perfect credit score and was very proud of this and I did everything in my power to keep my credit score good. From taking a second job to working overtime to selling my own belongings.
April 2008: The condo has been on the market for 3 months with no offers. I immediately begin calling about the deed-in-lieu of foreclosure, phone calls which end with no conclusion and I call throughout the summer. For months, Countrywide representatives transfer me from one department to another to another and then I get disconnected. Then, I call back again and they throw terms at me that I don’t understand and they blow me off. And I don’t understand what is going on. I struggle in VA with dental and car mechanic bills.
June 2008: Countrywide informs me that there is a lien on the condo which has to be paid off before the deed-in-lieu request will be further considered. I must pay the Homeowner’s Association $3,622.26 (past fees, late fees, plus lawyer’s fees) in order to lift the lien and then Countrywide will consider a deed-in-lieu of foreclosure. Otherwise, they will go through with a full blown foreclosure and I will have more fees to pay both Countrywide and the HOA. My sister loans me the money by taking it off of her Bank of America credit card. Months later, I learn from Countrywide that I do not qualify for the deed-in-lieu program. To this day I am still trying to pay off this loan from my sister.
The condo continues to sit for months on the market with no offers.
November 2008: My realtor gets an offer of $62,000 for the condo and we send the package to Countrywide for a short sale offer.
December 08 – January 2009: Again, I am calling Countrywide all the time for answers and am told one reason after another why a decision is being delayed.
February 2009: I call Countrywide every other day and they say I should have a “real” negotiator “any day now.” I keep calling Countrywide and their excuses are starting to sound ridiculous. One phone call ended with them saying that my account is being moved from a “Phase One Negotiator” to a “Phase Two Negotiator.” When I asked what the difference was, they said the Phase One Negotiator makes sure all the required documents have been received and the Phase Two Negotiator actually looks through them. I explain that’s not what I was told. I was told it didn’t go to a negotiator at all until they had all the documents they needed and that I had to wait at least 30 days for them to review it!
I call back again to speak with a different representative who tells me the other person I spoke with must be new. She says she must not understand the process because my type of loan and request does not require a Phase I and Phase II negotiator. Another day I’m told by a different representative that there is no Phase I or Phase II process at all. I am consistently told something different each time I call. The only consistent response I get is that I am not allowed to call my Negotiator at all. I have to wait for them to contact me, which they never do.
The situation just seems so hopeless. I begin to doubt Countrywide has any intention at all on making a decision about my short sale or sending it over to Fannie-Mae for consideration. I feel like I have been getting jerked around on the telephone for months and months. Everytime I call they give me a different reason as to why a decision has not been made yet. Meantime, the property has been set for foreclosure and I am served with paperwork.
Countrywide informs me that as of April 29th the short sale package and offer has been sent to the lender Fannie Mae. I am holding my breath praying that they accept the offer. Foreclosure of the condo is pending the acceptance of the short sale offer. Countrywide representatives say that it may take “2 to 30-plus business days” for Fannie Mae to make a decision from the time they receive the package.
April 2009: I receive a letter from Countrywide stating the short sale was declined because the offer was insufficient.
In August 2009, my realtor gets another offer for the condo, $45,000, which is declined. This year, my realtor gets an offer for $35,000, which is also declined. Bank of America makes a counter offer of $46,000. The counter offer almost equals the last offer and it is $16,000 less than the first offer I get for the condo.
How can I believe anything Bank of America tells me? How can I believe that they will ever take a short sale offer based on this history?
The last advice I am given by a Bank of America representative in June 2010 is to apply for a loan modification! I inform the representative that one basic requirement for a loan modification is that I have to be living in the condo. I learned this during my original round of aimless department exchanges with Countrywide. She encourages me to apply anyway despite not living in the house because “who knows what will happens,” she says. Exactly! It seems to me that Bank of America wants me to be wasting my time by chasing my tail and applying for programs (i.e. loan modification, short sale) that they never intend to approve. Another Bank of America representative told me to let it just foreclose; at this point, I see no other option, but even that isn’t happening.
I SUPPORT John-Wright vs. BofA.
Update: On 07/09/10 Holly Smith wrote: I heard from BofA this week. I don’t know if anything will come of it, but they are looking into a deed-in-lieu for me.
Update on 01/13/11 Dana Zini wrote: Marcela, Thank you for your reply.
I am not sure what you are asking. What are my options?
I understood that you could modify the loan.
You have the ability under the program to reduce my principal balance to be in line with the market place, get my property taxes reduced, tag on my property taxes and extend my loan terms to 40 years to make it more affordable.
I was told that BofA is able to and needs to administer what the government program offers?
I started the loan modification due to the death of my husband, which resulted in a reduction in income, I own a home that I purchased 4 years ago for $575K, put over $200k down and another $75k in improvements, that today is worth around $230k.
My loan balance of $375k is still upside down, my neighbors who were no money down buyers, have walked away, 2 of them sold at one $229 and one at $232.
I have been told I qualify for the modification and was given a trial payment back in Feb of 2010, being told then that the docs were being worked on and I should receive them within 45 days.
Bank of America was given money to assist homeowners. My loan was always paid on time until Bank of America told me that in order to qualify for the work out that I had to stop paying my loan, so stopped paying.
I have completed and submitted every request of Bank of America, over and over and over again for over a year now.
I am not walking away from my home, I want to pay my mortgage and qualify for the assistance. Just wondering when will the assistance come.
I look forward to your reply.
Dennis and Nancy Frost wrote o 07/05/10: Greetings Mr. Wright, We find your information on B of A very interesting and helpful. We are in process of applying for a loan modification with B of A formerly Country Wide and here is how our situation first started.
In April of 2008 I was laid off from work. Not thinking I would have any trouble finding work since I hadn’t in the past we found ourselves victims of the financial crash and suffering from the economies lack of jobs. I was able to eventually get work again however in trying to sustain our mortgage during that time, caused us to fall behind in our payments. We worked with Countrywide during this time and we were told time and time again that we were being considered for a modification. We called continually every month or less to find out our status. We were told in October 2008 that we were going to receive a FedEx packet to sign and return about our modification. We didn’t receive anything and after calling every week to find out where it was, all they kept telling us was it’s still under review. November came and went and all our calls had the same answers (under review). In fear of losing our home we sought help through one of those Stop Foreclosure Companies. That was an ordeal in itself but they did get us through the Countrywide/B of A transition, only to get us what B of A called as a Loan Modification with higher payments and to start making these payments the first of January 2010. The Stop Foreclosure Company told us to make these payments for six months and we could refinance. We found all this to be untrue when I became disabled December 2009; we called our State Senator for guidance. Our Senator told us to go through the HOPE Foundation and gave us the contact information. When we called the HOPE person told us we were never in a Loan Modification but were in a Forbearance program. We explained to the HOPE person our situation and were instructed by HOPE to apply for the Making Homes Affordable Program. He took our information down and we received our packet quickly. We returned our information and sent it certified mail to B of A. Within weeks we received a registered email from B of A confirming their receipt of our packet and would take 30 days of processing before we knew an answer. We gave it 30 days and called, the conversation was to call back on a certain date and we should know by then if we qualified. We called back and the answer was no because we had already gone through this process with them and couldn’t apply again until we made 12 on time payments of the higher amount.
After explaining our current situation due to disability, the B of A counselor told us there was a new program that we fit into that qualified us for a Modification. He told us to use my wife’s information as primary and my disability as secondary income. He said this is a new program that B of A is offering. We received our packet and working on returning it with basically all the information from before. We’re trying to include everything possible to not leave any leaf unturned.
When we saw your April posting we became concerned that this is just a run around from B of A. Would it be useful to send a copy of our packet to Patricia Barbosa with the statement that we support the John Wright B of A Lawsuit? We would appreciate any suggestions you may have.
Dennis and Nancy Frost.
On 07/07/10 Dennis and Nancy Frost wrote: We have been trying to get a Loan Modification since 2008. We had been with Countrywide for 7 years. When job loss in 2008 and the employment industry failing, we found ourselves struggling to make ends meet. It was then we were told to apply for a Loan Modification through Countywide. Month after month Countrywide told us we were still under review, we were told twice that our modification papers were FedEx to us then found out they lied! At the end of 2008 when B of A took over because of Countywides failing practices. It was then we knew we had to be facing some serious problems and sought help through an agency to be our mediator for us. It took Bank of America a year to finally give us a trial period of 6 mos payment at 50% less then our regular payment. When we made our 5th payment we received our papers documented as a Loan Modification. We were to sign this so called Loan Modification that ended up being more than our original payment before we applied. We were told to make these payments and we could be concidered a refinance in 6 mos. We were to start our first payment Jan 2010. In Dec 2009, an injury causing disablity didn’t help us get these higher payments made. We called our local Senator for help and was instructed to call the HOPE Foundation. We did and when explaining our situation the HOPE Counselor said we were not in a Loan Modification but a Forebarence. Not what our paperwork said. The HOPE Counslor said by the information given we fell into the Making Homes Affordable and sent us a packet to fill out and send in to B of A.We sent it certified mail and did receive a registered mail via email from them confirming receipt of our packet. It explained it could take 30 to 45 days before we could inquire about our loan. We waited and called after 45 days. We were told to call on a certain date and we should know the answer. We did and the answer was NO. During that phone call we explained our situation had changed from job loss to disablity. The represenitive said B of A just started offering a new program called HAMP and we should apply for that because we pre-qualified over the phone with him. Again we received paper work. It is now that we are starting over to get a Loan Modification with B of A. We feel we are being taken advantage of and that B of A really doesn’t care, they just want to see how high we can jump. Well if trying to save our home isn’t showing us jumping I don’t know what you’d call it. Because we have been going through this pain taking process since 2008 it has force us to research and question the integrity of B of A. Our findings were upsetting! It proven that B of A has no intentions of giving anyone a loan modification. I would hope this not to be the case however we have to take the stand that we support John Wright vs. B of A Lawsuit!
Dennis and Nancy Frost
Update on 07/09/10 Dennis and Nancy Frost: John, I just got off the phone with Rebecca Boles at B of A. She is faxing me a five page financial sheet to verify that these are the same papers sent to us before. She will be looking into our case to see if a Mitigater has been assigned to us. She wants us to fax her all our paperwork to her and she will personally work on our case.
She asked what we wanted ultimately, we told her we want to keep our home, stay in our home and have payments reduced to save our home. She said that wasn’t an unreasonable request and will research the details of our past applications to find out what is keep us from getting the modification.
She hopes to get in contact with us by Monday of next week.
I’ll keep you posted as this goes along.
We still support John Wright vs. Bank of America Law Suit.
Update on 07/12/10 Dennis and Nancy Frost wrote: Hi John, I hope you had a pleasant weekend. I am updating you on our process for the HAMP Mod.
This morning I called Rebecca Boles regarding our modification process. She had me fax over our new financials and will help us get the process for an approval going. She told me I should hear within 48 hours on who is assigned to our case.
She opened my eyes when she told me who our mitigater/litigator was on the MHA application we didn’t qualify for. We should have know that within the first 48 hours of their receiving our packet. All we received was a register email confirmation stating they had our last packet and it would take 30 to 45 days before we would hear from anyone. As you know, we had to call them to find out we didn’t qualify, and still to this day we haven’t received that denial letter.
We are crossing our fingers in hopes of hearing something positive this time.
To be continued, Nancy Frost
Update on 07/16/10 Dennis and Nancy Frost wrote: John, Right now you may be at court, I just want you to know we are praying for you today. Last night we called B of A just to see if we could find out who our Negotiator is. We were told that there isn’t anything on the system showing our packet was received yet. It was faxed in on Monday, the 48 hours has passed even with the oops factor worked in. We were directed to several different phone numbers to inquire on our HAMP. When we called the third number the woman (Pat) said her department can’t give detailed information on our modification because she is the collection payment department. However, she seam to want to give us as much information as she could. She said we should be contacted by a letter within 10 days. We asked 10 days from when they receive our financials? She said no, from when it was faxed. She offered more information that B of A now has improved their processing of the program and getting the qualifying process quicker. We asked if we should call back again next week to see if they need us to supply more information for them. Pat said, it is best to call because B of A will not take the time to contact us of any missing documentation that may be needed. We replied to her saying, “so, B of A is putting the communication on our laps and it is our responsibility to call and call frequently?” She answered, yes. She ended the call with stating again that they have improved the qualifying process and we should stay in contact with our Negotiator once we find out who he/she is. Sorry to keep emailing you with our information. We haven’t quite figured out how to do this on the piggybankblog. We are Dennis and Nancy Frost and we support the John Wright vs. B of A lawsuit!
On 07/20/10 Nancy Frost wrote: Well, no call yesterday from Rebecca Boles as she said she would. Still don’t know who our Negotiator is.
Update on 07/21/10 Nancy Frost wrote: Did get a call from Chris Ross of B of A Home Retention Department to be our negotiator. He was instructed not to call my cell number but proceeded to do so. Chris left a message with a blocked number and didn’t even leave us a number to reach him at. I called Rebecca Boles, she was helpful to give me Chris Ross number 800-405-0078 x3670 but when calling, all I get is his voice message. Rebecca did want me to call her back after I spoke to him. In his message he stated that we did not fulfill our three month forbearance payments. What three month forbearance? We had a forbearance hidden as a Loan Modification with payments for 30 years at 95% of our income. Not leaving a return number is playing dirty pool! If we don’t catch up to him, I guess it’s another email to Mr. Moynihan CEO.
Really support John-Wright vs BofA Lawsuit! The Frost’s
Update On 07/22/10: I haven’t done anything just yet but just received a call from Rebecca Boles. She asked how I was doing and I told her we haven’t heard from Chris Ross. She let me know that both she and Chris have been corresponding via email. Again, she told him to call the number I asked to be called on. I also told her my husband has been calling Chris all day.
She asked some questions concerning our case. She needed clarification regarding what the 3 mos special trial was. I let her know there wasn’t one and that I’d like to see the paperwork on that. She agreed and also would like to see these papers too. I explained that we were put into a modification back December 2009 after making 6 mos of half what our regular payments were. I told her our modification papers in Dec 08 was to start making much higher payments (over the original amount of our loan) for the life of the loan.
Payments were to start Jan 10, which we made that but with my husband getting hurt in Dec 9 our income became even less than before.
Rebecca will research and find what these papers are regarding that 3 mos special trial and get back to us.
Update on 07/21/10 Nancy Frost wrote: Since our last update on July 22nd & our email on July 7th to the CEO, we received a call this morning Saturday July 24th from Chris Ross at Bank of America. We have been trying to reach him and was very pleased he took the time to call on a Saturday.
Speaking to Chris, we were able to clear some information up regarding our case. He asked us about a letter sent to us on June 19th requesting more documentation from us. He realized by our puzzled response that we didn’t know what he was talking about. As a result Chris will be working our case with his direct manager Chris Alatorre. Chris Ross hopes to call us by Monday to tell us what B of A will be able to do for us.
Chris Ross was very pleasent and understanding of our situation. We are feeling more hope that we will be able to save our home.
We support John Wright vs. B of A Lawsuit! The Frost’s
John, Today we received a call from Ms. Boles today asking how things are going. She wants to close her side of our case but only if we have been in contact with our negotiator Chris Ross. We have been in contact with Chris only from last Saturday, still haven’t heard anything on what he and Mr. Alatorre have come up with for us. It sounds like there are some non communication between Mr. Ross and Ms. Boles however Ms. Boles did say she and Mr. Alatorre have corresponded many times via emails. She stated there is still an issue regarding some letter sent to us from B of A on June 19th and based on that letter (we never received) we were to fax more information within a time frame and failing to do so would automatically decline us from the program. Since we didn’t received this letter, we didn’t know anything was needed and our file was closed as declined from the program. What ever this letter said had someone or some departments fax number where we were to fax additional documents. It is this issue of who or where this letter originated that Chris Ross or Chris Alatorre are not able to proceed with our case. You’d think one of them could override this issue and get a move on to our modification request. We called Chris Ross today only to again get his voice machine again. At this point now, we feel all B of A has done for us is just give us false hope and more problems of communication to us or lets say the lack of from our negotiator and his manager to us. All because of a letter said to have been mailed to us on June 19th for us to supply more information by fax. It is that fax number both Chris Ross and Chris Alatorre are needing to free up their hands to move forward with our modification. What felt as redemption for B of A has now fallen to distrust again. We are feeling pretty low right now that our modification request has been halted because of a noted stated on their system of a letter sent to us on June 19th, with a fax number, this fax number a lousy fax number stopping the procedure of our modification application.
This keeps us on to support the John Wright vs. Bank of America Lawsuit!
On 08/01/10 The Frost’s wrote: Dear Mr. Moynihan, Ms. Desoer and Mr. Price:-We received a call from Ms. Boles Thursday 7/28/10 asking how things are going with our Negotiator Mr. Chris Ross. She wants to close her side of our case only if we have been in contact with our negotiator Chris Ross. Chris Ross did call us on Saturday July 24th to explain the process to us regarding the HAMP program. He questioned us about a letter sent to us on June 19th stating requests for more information. Mr. Ross stated by our reaction that we never received this letter and that we didn’t know what he was talking about. In our conversation, Mr. Ross told us he would be working directly with his manager Chris Alatorre to see about getting us a modification with B of A without going through the HAMP Department because that could delay our process. He explained to us, he and his manager would help us get a modification quicker to by pass delays going with the HAMP Department. Mr. Ross said to give him about three days but hoped to calls us on that coming Monday once a decision was made. As of to date, we haven’t heard anything on what he and Mr. Alatorre have come up with for us. It sounds like there are some non communication between Mr. Ross and Ms. Boles however Ms. Boles did say she and Mr. Alatorre have corresponded many times via emails. She stated there is still an issue regarding some letter sent to us from B of A on June 19th and based on that letter (we never received) we were to fax more information within a time frame and failing to do so would automatically decline us from the program. Since we didn’t receive this letter, we didn’t obviously didn’t fax anything our file was closed as declined from the MHA program. What ever this letter said had someone or some departments fax number where we were to fax additional documents. It is this issue of who or where this letter originated that Chris Ross or Chris Alatorre is not able to proceed with our case. You’d think one of them could override this issue and get a move on to our modification request.
We called Chris Ross Thursday July 28th only to get his voice machine which has been common. At this point now, we feel all B of A has done for us is just give us false hope and more problems of communication with us or lets say the lack of from our negotiator and his manager to us. All because of a letter said to have been mailed to us on June 19th for us to supply more information by fax. It is that fax number both Chris Ross and Chris Alatorre need to free up their hands to move forward with our modification.
What felt as redemption for B of A has now fallen to distrust again. We are feeling pretty low right now that our modification request has been halted because of a noted stated on their system of a letter sent to us on June 19th, with a fax number, this fax number, a lousy fax number stopping the procedure of our modification application.
We are to call Ms. Boles Monday August 2nd, and let her know if we can give her the okay to close her side of our case. What are we to tell Ms. Boles on Monday? Below are our documentations since July 7, 2010 that explains our struggle in more detail.
This keeps us on to support the John Wright vs. Bank of America Lawsuit!
Update on 08/02/10 The Frosts wrote: I had a phone conversation with Ms. Boles this afternoon after she received my email from this weekend forward by Ms. Barbara Desoer. I am appreciative that Ms. Boles is staying on our case until she knows our modification gets to an underwriter. I express my feelings of not hearing back from our negotiator Mr. Chris Ross who gave us encouragement over our case during our one and only call from him. We have tried to get in touch with him since leaving messages without a return call. I told her it felt like the process became a dead fish again. Ms. Boles assured me that she will not close our case on her sided and will get our Negotiator and his manager moving on it. Ms. Boles has been the only consistent contact person who always give me a call either addressing our issues or just checking in on how we are doing. If anything, I can say that Ms. Rebecca Boles has been very nice to work with.
See more of Fost’s complaint and Senator letter by clicking here
On 07/06 Florian V. O’Day II wrote: Dear sir, Since August 2009, I have been desperatly trying to work out a loan modification. Every month I call, and every month I get a different story, or I get the answer, we dont have any information in our system on any type of modification. I have faxed in my information for the modification 3 times, and within 30 days of each fax, no one has any information in their system about me applying for a modification. I was told in January 2010, my loan was being modified, and my new payment was $1026.27 Then again in Febuary, I was told they had no information in their system about any kind of modification. I continued to make the modified payment amount, through May 2010, at which time I was told again, that there was no information in the system about any type of modification. But they said they would mail me the packet to apply for one. I got that in the mail end of June 2010, and sent it back last week VIA Fed EX. Called today to make a payment, and again, no information at all in the system about any modification, but did remind me that my loan is now over 8K past due.
Well lucky for me, I have kept record of EVERY phone call since August 2009, to include employee names and city location of where they are located, as well as Fax confirmations, and Fed Ex tracking number. It is at this time that I demand answers as to what is going on with my loan. I am tired of hearing the BS and stand ready to either get action from you, or give my extensive file of records from 11 months of calls, faxes, etc to an attorney to pursue legal action.
Florian V. O’Day II
“I SUPPORT JOHN WRIGHT vs BOfA LAWSUIT“
On 07/07/10 Peggy wrote:Hello,My name is Margaret (Peggy) Bell. I have been misled, abused, andneglected by Bank of America. Why you ask do I feel this way? I am happy to tell you. Please getcomfy, there is much to tell. July 2009, I began my first attempts to see if I qualified for a loanmodification. I could no longer keep up financially. I missed my firstpayment in 4 years, August of 2009. House/loan history: Purchased $290k home in Aug. 2005; stated incomeloan, 5 yr interest only. Was, at time, doing Real Estate full time,residential sales. By Oct. 2008, I got tired of starving to death inthe real estate arena, and took a job with the California HighwayPatrol, so that I buy a potato every once in while. I am a singlemother, one income (no child support), my son is 12. So, starting in July, and carrying through early 2010, I wasconsistently told over and over, that I did not qualify for a loanmodification, because I was too upside down/negative with my monthlyexpenses…that I needed to make more money, or reduce my bills. Every2 months or so, I would call and check again…always the sameanswer-No. March 12, 2010, I received a note from Recon Trust–Things wereclearly getting serious now. I called BofA, scared, and terrified…Ineeded to know how much time I had, what my options were. The guyinforms me that I might qualify for loan modification–I rolled myeyes with little hope…he said sometimes, because my status changedthat I might qualify now. We went through all the same Q and A’sregarding my finances…and this time he said–I qualify!!!! I wascrying I was so relieved–I think the guy on the other line was almostcrying too…my son came in the room, and I told him the greatnews…that we were safe, that were not going to lose the house! Theguy gave me all the info I needed to start trial payments, told mewhat information to send, etc, etc. The next business day, I sent allthe info requested. I received confirmation shortly there after, thatinfo I sent was received by BofA. April 2010, made my first trial payment. Abuse begins: May 2010, I attempted to make my 2nd trial payment. Wastold that for some reason there was some code preventing payment to betaken.–ultimately I did get a payment confirmation number, however,the payment was never taken. I called and asked why, and was told notto worry about it, but keep the money on hand. Later, I received aFedEx pkg from BofA requesting all the info I already faxed in March,I gathered all the requested items and FedEx’d them back to BofA on5/12/10. Abuse/Misled: June 2010, spoke with BofA attempting to make a trialpayment again, but was told I still could not, and to just sit tight,that the file was under review, and it has not been assigned to anunderwriter, but everything looked fine. Misled: June 17, 2010-Notice of Sale posted on my front door when Icame home. Sale date 7/14/2010, 12:00 p.m. I immediately contactedBofA. The gentleman I spoke to, said that my case was dropped becauseapparently, when they tried to reach me, they were unable to. (I can’ttell you how many times I have verified my contact information, andeven the pkg returned in May, had all the info to reach me.) This guytells me, well, don’t worry, we will just get the ball rollingagain…and we went through the number Q and A’s again–and yep, stillqualify to be considered for a loan modification. He further addedthat, while under review, the house will not be sold on 7/14/10–thatthe process is put on hold. I thought great, not to worry right?Wrong!!!! Misled/abused/neglected: July 2, 2010–I call BofA, because I have notreceived a FedEx pkg, as the dude said I would get on 6/17/10. I talkto a representative, who tells me the following: No your foreclosurehas not been put on hold while review takes place for consideration ofa loan modification, in fact that never happens…it is up to theinvestors, she tells me, whether they want to pull the loan fromforeclosure. She said I could request a postponement, but noguarantees on that. I said, yes, please request postponement. I couldhardly believe what I had just been told–My house could be selling in12 days!!! I have no control over the situation…and 12 days toattempt to gain some control. July 7, 2010–I called BofA, spoke to a lovely lady. She said, to callback tomorrow to see if the postponement was granted. She confirmed noinfo was being requested at the time, but added that the file wasreviewed by an underwriter–Is this is progress?–or just another lie?Who knows. I am 7 days away from losing my house….I believed and I trusted, andI did everything that was asked of me….can you please tell my whyBofA won’t do their fair share to give me an opportunity to beconsidered for a loan modification before they rip the shelter outfrom under me, my child. I don’t want to lose my house, I am willingto pay my way, please just give me the opportunity!! I support John Wright vs. BofA Lawsuit!--and just might join him inthe name of Justice and Fair treatment!! Kindest regards, Margaret (Peggy) Bell
On 07/07/10 Dolores wrote: my name is dolores garcia salazar. not to good on computer. my complaint is that i have been asking for help from boa since june of 2009 for a loan modification due to a company going bankrupt on us for about 60thousand in 2007,my husband having a heart attack in january of2008 the postal service retiering me in august of 2008 on disability,using all of our retirement savings to keep afloat.i owe 184thousand on a home that is being appraised for less than 70thousand at this time ,am willing to keep my house as long as they bring my intrest rate down so as i9can break even if there is such a thing i have been paying my mortgage for 19years never been late until i hired someone for helpapril of 2009. loan mo9difications were ment for people that had hardships and apparently having a heart attack being put on disabilityu is not good enough for the average person if you dont have any money. i support john wright vs boa law suit and hope that they can include me in it.
On 07/08/10 Brenda Avellino wrote: Dear Mr Moynihan: I find this to be a real joke, after i had written you on 6-30-2010 i recieved my loan modification papers the next day, mind you they were dated 6-30-2010 In the letter it is stated that Angel Spiekerman was unsuccessful in contacting me ?? What a crock , Why is it such a common practice for your company to lie ?
Anyway i faxed all 22 documents that Angel requested on Friday July 2, 2010. I called on july 6, 2010 to make sure they were recieved and i was told everything looked good (HA). Mind you though im still waiting to talk to Angel. I called again today Angel must be MIA but she was left a message by a co worker.
I wanted to check on my loan modification and i wanted to update my financials, stating i started working full time again, (thank God) but makes me wonder why didnt the represenative take down any of this information?Didnt ask how much i was making or for whom??? Have i been denied ?? Or was my application not even submited?? Would not surprise me seeing how you run your company or lack of shall we say.
Yes as you can tell im totally disgusted with your unethical ways of doing business.
Theres no reason in the world why you dont have the ability to lower my interest rate , allowing me to make my same payments and the difference in the interest rate would take care of my back payments. Seems pretty simple to me .
But the way you are playing this game with taking peoples homes when you know dam right well every one that has written you through John Wrights site , have bent over back words to do everything your company has asked just to have BofA toss us aside , fax and re fax . lose our paper work repeatedly and then not even have a damn clue what were talking about when we call BofA .
I find it sad you would rather take a home and be stuck with another boarded up house, then to work with us homeowners.
I have given your company 10,500 in the past 5 months just to get a notice of intent to foreclose. What a joke.
I will be contacting Angel again in the morning cause supposedly im suppose to know if im approved or not. Either way im not done this fight.
I SUPPORT JOHN WRIGHT vs. BofA LAWSUIT
On 07/08/10 Richard Leija wrote: Since the time of Bank of American Home Loans took over Countrywide my mortgage loan has been a nightmare. Bank of America did not buy out Countrywide until around July, 2009. However, you have slandered my credit report showing 180 days past due as far back as 2007 prior to your buy out. You acknowledge and report a loan remodification already in place but report negative that I am not paying the amount. Now I am receiving a letter that you are going to foreclose and denying the loan remodification I have already had in place.
A very short summary of what has happened. Countrywide after sending in all documentation did a loan remodification dated April 14, 2008 new payments started June 1, 2008 for $1,097.68 P&I escrowed.
(attached Exhibit #1) I also sent in the required $2000.00 cashiers check. (attached Exhibit #2)
Shortly after in 2008 Texas was hard hit with Hurricanes with Dolly, in July, Gustav, September, and the last blow of Hurricane Ike on September 13, 2008 the area was heavily devastated. Hurricane Ike shut the town down for nearly a month.
I contacted Countrywide retention department immediately and worked with Countrywide and provided all the documentation (attached Exhibit #3) and they remodified the loan. (attached Exhibt #4) reduced the interest rate. The new rate took effect on May 1, 2009 starting with June 1, 2009 payment P&I $583.26 + Escrow of $210.72 total of $793.98. See cashiers checks starting with 1st and 2nd payments sent to Countrywide. (attached Exhibit #5 & 6).
Then in July, 2009 never notified that my loan is being transferred to Bank of America. I received my first statement which was incorrect balance, payment amounts, and past due amounts. (attached Exhibit #7). Since July, 2009 I have contacted Bank of America so many times I have a list of names and dates that are too long to mention here. Sending separate attachment. I was referred finally to your retention department they stated had to send in documentation yet again. The last year I faxed in documentation bank statements check stubs and I was told they do not have to many times. I sent certified mail and still lost. I would think this information being faxed and/or sent certified is secured? There seems to be a legal issue with private personal information floating around at Bank of America. Bank of America is trying to reinvent the wheel by making me go through an entire process over the last year. I have already been approved through Countrywide prior to your take over.
I received a letter dated June 14, 2010 that now you have denied a loan remodification (attached Exhibit #8) that I have already been approved. The next day June 15, 2010 (attached Exhibit #9) you send a demand letter.
In addition, as stated earlier you acknowledge my approved modification on credit report but deny me along with misreporting my credit report due to negligence of your company. (Exhibit #10)
Page 2 (Cont) 2227 Lexington Woods, Spring, TX 77373; Loan #: 073827697
I know that Bank of America has received millions in funds for remodification loans. As well as received bad publicity in the news. I do not want this to end like that and or in court. I was previously approved by Countrywide. I have paid my payment per the modified agreement. I have made every attempt to pay and communicate with Bank of American but have falling on deaf ears.
I am asking the following:
- Bank of America corrected the loan to the last modification in place by Countrywide prior to buyout.
- Bank of America correct late pays and fees associated with incorrect statements based on that modification.
- Bank of America send detailed amortization of accounting prior and corrected on the loan from June 1, 2009 to current.
- Bank of America remove all negative credit reporting on all three bureaus.
- Bank of America correct credit reporting statement that I am paying less than modified amount which is incorrect. I am paying based on last modification approval. In addition, that prior and since July, 2009 negative reporting of over 180 days late on payments.
- Send formal receipt of my complaint to me.
I ask for a quick response along with corrections and detail letter with amortization and loan details.
I really want to save my house, and I hope you can correct these errors.
PS. The house has only been appraised at $86,000 by Harris County Appraisal District. Verify yourself.
I support John Wright vs. BofA Lawsuit
On 07/07/10 Dayna Rager wrote:Hello,I am a consumer who has also been abused, interrogated and strung along with my home loan. I offered to send my 3 months worth of payments and they would not accept my money. ( I got behind due to BofA not drawing out my auto-payment)I have been talking to BofA customer service and supposedly supposed to get my modification packet in March. I never received that packet so I was then told I could fax it in. In April I was given a fax number and contact person to never be found again, I had prepared and faxed all my requested documents to then hear nothing in return. I phoned BofA and was told that BofA stopped accepting faxes in May which my Doc’s were received in April. I have spoken with numerous people about resending me the packet, never have received one. I have contacted BofA once a week since March and get a different answer every time. Still as of today July 9, 2010, nothing has been resolved. I have recently asked for a sale date extension because I am cashing out my retirement, I am being told that extension date request takes 7 days??? I called and asked for a payoff to bring my account current and no one knows what my amount due is and they say it will take 5 days to find out???? What kind of bank is this???? How can a bank foreclose on your home when you are doing anything and everything possible to make a payment!! What is this world coming to?
I am asking you to let me know what I need to send BofA to make my loan current and to write off any attorney or other incurred costs/fees due to inaccurate information and the dishonesty that has gone on.
Thank you for giving me the opportunity to write you and tell you what has been going on. This means alot to me and what a frustrating position for you to be in.
On 07/09/10 Jennie Gheesling wrote: I am writing to complain about the customer no service I have recceived from Bank of America. We did not originate our loan with your company but it was sold out during the TB&W buy out in 2009. My husband became unemployed in May of 2009. We depleted our savings by 0ctober 2009. I asked for some relief and warned that in the Winter, with the holidays and slow work in his self employment construction job, that we would fall behind. To make long story short, I have applied for assistance 4 times now in the last 6 months. In October, before we fell behind, I asked- (begged, cussed and pleaded) for help so that this would not happen. I was told that until we fell behind, there was nothing that could be done for us. We did end up missing ONE payment, and because of late fees, we are now behind 2 payments. I have given information over the phone, numerous times for the HOPE dept. and have fed ex-ed paper work over 3 times. Each tie I have been rejected. Twice I was told because of not returning documents. However, noone can tell me which form was missing. I then reapplied- and reapplied and reapplied. I was even told Nettie Westerman, closed our file on June 11. However, June 14, I resubmitted. BUT, on July 7th- I was told that there was no app on file. So AGAIN- I had to reapply. She said at that time- it reccomended no programs. She also said she would put it through anyway. We receive statements asking for our regular
payment. Then we receive a letter asking for 5080.00. Then when I call I am told to ignore the letter. Then, I get calls telling me to “please hold for an important message.” I hold for 10 or more minutes and then, I am hung up on, having NEVER talked to anyone.I feel like I am going crazy. We just need a little help. I feel like BAC is stringing us along, because you know, on the 30th of the month, I will make a payment. We want to keep our home and I am begging you for help. It is almost as if noone there knows what is going on. Each number I am given to call-sends me to another department and then that person says- we can’t help- let me connect you or let me take your information again. We want to keep our home! We are doing our very best! We are good, hard working, educated people. I have been a teacher for 15 years, my husband a surveyor for 10. He was laid off after his company went bankrupt. He is working so very hard to make ends meet. We are a family of 5 struggling to make ends meet each month. If you could just modify or reevaluate our current rate and offer us some assistance, I would be so appreciative. Sadly, each time I call I hear the recording say that you are there to help. So far, Bank of America has not helped us at all. You have strung us along and offer no help. Keeping my family in our home is clearly not your number one goal.
I support John Wright vs. Bank of America
On 07/12/10 Sanderia Faye Smith: Dear Sir: I lost my job in December 2009 and contacted mortgage in February and was told they couldn’t discuss any solution with me until I was behind on my mortgage. Since I sent email in March I have continued to get the run around from B of A.
- The first person I spoke to was Karen Macek. She gave me a case # and said my case would be assigned to an investigator in the Texas workout negotiations department and that she would follow up every week until I had resolution. She did follow up
- it was assigned to Michael whom I wasn’t allowed to talk to and later to LaKendra Curttie at at 866-788-8495 ext 8911. I am also not allowed to talk to her because she is busy remodifying loans and speaking to me would slow her down.
- I received a call from Casey Koch who said she was taking over for Karen and that she would call every week. She calls sporadically with a courtesy call, send emails to LaKendra but also said I cannot speak to an investigator
- Late May I received a certified letter which I asked Casey to explain because I didn’t understand it. She said it only meant that I didn’t qualify for the resolution the bank was looking at but there are other alternatives and I may qualify for those.
- I called negotiation department and spoke to Ashley who said Casey was incorrect and she needed more information from me so that the case could continue to be reviewed. We set up a payment plan of $1000 per month with no guarantee of a modification but would show good faith.
- I have followed up with Casey and called investigator weekly with a different answer each time I talk to an investigator. I stopped at my local branch and they were not able to reach Lekandra for me.
- I received a letter threatening foreclosure within 90 days
- On 6/15 I talked to consumer credit to act on my behalf and we called to speak to Lakendra. Angela said she was busy and she was certain she would call me the following week.
- No call. I talked to Michael on 6-22 to let him know I sent payment. He said case still under review.
- I talked to Karen on 7-9 still getting the run around. asked to speak to her supervisor. Eric got on the phone and said case was out of review, I was heading into foreclosure. Called me a liar. Said all other representatives had read file incorrectly. I would be in foreclosure by August unless I was current on mortgage payments.
- Spoke to Casey this morning. Asked to speak to her supervisor. She said her supervisor Tricia was busy but would call me by close of business.
- Except for Casey, I have talked to a different person every week, all will different answers. I haven’t been able to find out if they have received information needed to make a decision whether information is sufficient. What I need to do to qualify for a program or if I just don’t qualify at all.
Can you help direct me to any one person who will instruct me through this process? Obviously I’m at my wits end.
Sanderia Faye Smith
On 07/13/10 Vernon Nicholas wrote: Mr. Schackett I spoke with Ms. Nolan last week about the status of my loan and she stated that I needed to update my financials. I faxed over the paperwork today and also received a call from HUD agent Stormy Rizner stating that they didn’t receive my financials for my 2nd Job, which was false because I gave my financials directly to a BoA rep at a workshop I attended on June 26, 2010 at the Marriott Wardman park Washington DC. I also explained to Ms. Rizner that I applied for the MHA program on March 22,2010 in which BoA said I wasn’t qualified for because FHA loans don’t participate in the making home affordable plan and I also didn’t qualify for any FHA loan mods because I was 13 months behind. That was totally false also because I applied for the MHA plan when I was only 10 months behind. So I’m having a hard time understanding why they didn’t try to qualify me under FHA knowing that I wouldn’t qualify past 13 months (I was told in order to qualify the max you can be behind is 12 months). Since September of last year I’ve been trying to receive assistance only to be told things like: “the only thing we can do is to raise my mortgage until the arrears are caught up” or “don’t pay your in foreclosure it’s nothing we can do” and “don’t call us anymore we will contact you” etc. I also read an article where you stated that BoA wasn’t providing satisfactory service to there customers and are going to start helping customers who are behind, upside down and delinquent or near foreclosure on their mortgage. I really would like to stay in my house at a more affordable payment. Can you help you me in attempting to achieve this process. Below are attached copies of the ticket number to the workshop I attended, docs for the application for Bank of America and MHA.
This same said letter has also been sent to the Attorney General, all state legislatures, The Oregonian and all local media.
In early July 2009 my husband and I were behind on our mortgage payment. I was very concerned about this and contacted our mortgage holder Bank of America to see if we could get on a repayment plan. I was talked out of doing this and convinced to apply for the Making Homes Affordable restructure loan.
I was unaware of this program at the time and the bank rep explained it to me.
I initially had a lot of questions and inquired about the acceptance and denial process, I was assured by the bank rep that once you were accepted into the program the only way you could be denied was if you failed to meet and complete what they required of you. First you had to see if you were approved, so I started the process with him at that time over the phone, he wanted all financial incoming net and gross monies we received each month and an itemized list of all outgoing obligations. I provided him with all of that and was then informed I would receive something via FedEx with in 30 to 45 days explaining the process and that at that time I would be required to send further documentation.
On August 10th we received a letter from FedEx welcoming us into the program and congratulating us on doing what we needed to do to stay in our house. On August 17th we received the exact same letter again asking for copies of our checking account, paycheck stubs and tax returns, we complied with all requests and sent them. Not once but twice as they apparently lost the first ones we sent them, they had record of them showing up but no one knew where they were. So could we send them again which we did.
I stayed in weekly and bi-weekly contact with B of A inquiring if we had completed everything on time – I was repeatedly reassured that they had all that they needed and for us to continue making our monthly house payment. Which we did.
Finally after many phone calls to B of A we got a FedEx envelope on December 20th 2009 thanking us for our financial documentation. We again received same said letter from them on December 24th 2009 saying that we had entered into the trial payment modification part of the program, it stated that we needed to make 3 trial payments of $1782.50 the first on or before 2/1/2010 the second on or before 3/1/2010 and the third on or before 4/1/2010. I again called them and said I had just made Decembers payment and I wanted the terms of the trial modification clarified and outlined for me. The rep told me that the December payment I had made had actually constituted the first trial payment that was to be made on or before 2/1/2010 – I asked him if I needed to make another payment in January and was told NO, your December payment will be applied to your first trial payment, I then said to him if I don’t make a payment in January then I will be behind another payment, and he said yes you will but that it would all get worked out in the loan modification, they will either put them to the back of your loan or incorporate them into your new modified monthly payment at a lower interest rate when the process is completed.
I stated to him that I was uncomfortable technically getting behind another payment and he then informed me that if I brought my house payment current it would kick us out of the program, I was not to waiver from the guidelines they set forth and had to comply with all they asked exactly they way they asked or we would be out of the modification program, I was again informed the payment I made in December was my 1st trial payment. I then said my regular monthly payment is $1780.39 and that the 3 trial payment vouchers they had sent me asked for $1782.50 it was a only a couple of dollars difference so not a big deal, he then said to me make your 2nd trial payment on or before 3/1/2010, I thanked him for his time, but deep down this information seemed just wrong. I waited a couple of days and called back with the same questions and once again was given the same answers, and told do not waiver from the program guidelines we set forth or you will be out of the program.
In February when we got our taxes back I called again and asked if I should apply them to our mortgage and was adamantly told NO do not do that it will kick you out of the program. He did say I cant tell you I wont take your money but I can say it will kick you out of the program if I do.
I made 2nd trial payment before 3/1/2010 still keeping in constant contact with bank making sure we had crossed every t and dotted every i and jumped through all their hoops, I was repeatedly told yes you have done everything we have asked just keep making the trial payments you are in the modification process follow the guidelines we have given you, do not waiver from them.
I made the 3rd trial payment before 4/1/2010, as May was approaching I called the bank again and asked them how I needed to proceed, as the 3 trial payment vouchers they had sent us we had already used for making the 3 trial payments, I was informed that they were way behind on processing the mod loans and to continue to pay the trial amount to put loan # in memo section of our check and to continue to send $1782.50, that it may take several more months. I paid the 4th trial payment in May.
In June I tried to make the 5th payment in the branch as I always had and it would not accept my payment, I came home and called the bank and was informed that a letter had gone out saying we were declined for the MHA modification since our current payment was not equal to or more then 31% of our total gross income….( Shouldn’t that have been determined long before we were ever accepted into the program? I think so if it had we would never be in the position we are in right now ) at this time I was once again reassured that we had gone straight into an in house program with the bank that would ultimately have the same outcome for I loan…so I paid the June payment, the 5th in this trial period only this time I had to now make payments of $1818.88 our original house payment had gone up due to our property taxes going up…okay I was fine with that and was told keep making the $1818.88 payment your still under review for in house restructuring. Again this was on June 18th 2010.
In a letter dated July 2nd 2010 we received a notice of intent to accelerate, I was beside myself and called them demanding to know what was going on with my loan, after speaking at great length with a rep and getting nowhere and no answers, I asked to talk to a supervisor. I did eventually get a supervisor and explained all we had been through from the beginning to currently getting her on the phone, she then stated your loan restructure was denied and closed on June 23rd. I then asked her when they planned on informing us of this, and she said it is not our job to keep you informed, it is your job to see where things stand…( are you kidding me? What did they think I had been doing through out this whole process? it is documented how many umpteen times I had called and tried to constantly and consistently stay on top of this whole thing.)
She then very matter of factly wanted to know if I could come current by August 1st 2010 in the amount of over $7000.00, I told her I did not have that kind of money and that there was no way I could get it in basically 3 weeks, I was then advised the ONLY thing she could do would be to split the past due into 5 payments that would be added to my monthly mortgage payment thus resulting in our house payment for the next 5 months being $2926.80, this is all she could offer and the only thing that could save our home from being foreclosed on…I had to take her deal because I had no other choice and losing or walking away from our home is not an option for us, we love it and have always had the intent of staying here and not walking away like so many other people have been forced to do.
I am so disheartened, disillusioned and plain mad as hell that the bank can do this to people and get away with it. Had I gone with my original plan over a year ago our missed payment would have long ago been caught up, but by taking their advice and doing what they requested and never waivering from the guidelines they set forth they have screwed us. I was 100% repeatedly in contact with them, I thought I had asked all the right questions and complied with all the terms they set forth…they had the ultimate decision to put us in the program or not, we were not aware of the 31% rule they have for their approving or declining process, someone at the bank dropped the ball big time with this and they allowed it to continue by accepting our trial payments for 5 months now they expect us to be able to financially pick up the pieces of their mess and their mistake.
I was also informed during my last phone call with them that federal guidelines had not even been implemented into their program until April 12th 2010 so how then could they even start the process or expect anyone to stay within their strict guidelines if they did not even know what they would be. I also asked at that time for a copy of the agreement I made with them for the repayment plan be sent to me in witting as I felt at that time I could not and would not be able to trust a single thing I heard out of anybody working on the their behalf. I am hopeful that someone on your end will be able to help us get some answers that make sense.
John and Michelle Nice
( Very disgusted B of A customers)
I support John Wright vs. B of A Lawsuit
On 07/16/10 Calogero and Linda Messina wrote: Bank of America CEO, My husband, Calogero Messina Jr. has a home loan with your company. The loan number is #184495695. He called a few months ago to see if he qualified for the Making Home Affordable Program. Your company sent us a packet of paperwork with a checklist of what needed to be submitted with the enclosed forms. On the sheet labeled “Documentation Checklist” it has a list of different types of income and we were to submit all paperwork listed under our type of income. Our type of income then, and now, is unemployment. Under unemployment it states “Submit a copy of most recent federal tax return for each borrower with all schedules and W-2′s OR copies of two most recent bank statements”. It specifically says “OR”. So we sent the bank statements. Three weeks later my husband, Calogero Messina Jr., call Bank of America to see if our paperwork has been received. He was advised that it was not. He was a little upset but decided to wait for notification. Three days AFTER he called we received a rejection letter stating that some information was missing. He called them immediately and was advised that the missing paperwork was the federal tax return. He argued saying that it was not required according to THEIR paperwork. Calogero then went to the Bank of America branch on 3300 Lehigh Street in Allentown, PA and spoke with the bank manager. The bank manager reviewed the paperwork and agreed that he had sent all the correct information. The bank manager called Bank of America to try and help us resolve this. Customer Service and the Making Home Affordable team were unwilling to assist and stated that we had to start all over with this program.
We are completely outraged. Calogero called Bank of America back today, 7/16/2010, and spoke to several low level employees as well as a few managers. They were EXTREMELY unhelpful. They transferred him to the incorrect department SEVERAL times. A manager named Tulip (1-800-669-0102 X4057) advised that she would note his account documenting Bank of America’s error. He called the Making Home Affordable directly and demanded that they get Bank of America on the phone. He was advised by manager Donald Tarrand that someone should have reviewed the paperwork and advised us of any missing documentation before submitting the paperwork to a federal level. AND we should have been notified and given a certain amount of time to submit the missing paperwork before being denied. None of this happened, and now regardless of all the time spent on the phone and in YOUR branches we must start over.
We are so glad that Bank of America is doing all it can to assist families in need. Thank you for ABSOLUTELY nothing!
We support John Wright vs. BofA lawsuit!!!!!
Calogero and Linda Messina
On 07/16/10 K. Allen wrote: to whom it may concern : For the last 30 years We have never missed a payment to ANY debtor, We have always made sure Our debts were paid . I served My country in the US military and We have always paid Our taxes and never ask for anything from anyone We did not earn. For this as a reward for trying our best to build what is left of the American dream they are now stealing Our house from under Us without so much as a hair of compassion or concern given to most anyone BUT an American these days.
Our plight starts around Sept. of 2009, with the loss of a job after 12 years due to the fact that someone wanted to save on their lease.Our income reduced by 40% I contacted bank of America by phone since there is no BOA in Colorado Springs I was aware of.I informed them that We were not behind on our monthly payments and just wanted to see if they could help us keep it that way. At first I was told they can NOT do anything for Us unless We were behind .However after answering many questions, some calculating by the BoA rep I was informed that our numbers show We fall into the qualifications for a loan mod under the new Obama ” make your home affordable plan” . I was given a figure and ask if I could afford the amount for the next 3 months as a trial period. If completed the process would move on to a more permanent agreement. That was only the beginning of Our nightmare with bank of America.
We paid the amount given Us not only for the next 3 months but for NINE / 9 months without fail !! We had to fill out the same paper work over and over as It arrived through fedex but We were happy to oblique. After all We would have to pay someone money to live somewhere, why wouldn’t BoA want our money rather than give it to a land lord? You would think, at least in a rational World. In May 2010We get a letter asking for $5700.00 to catch up on what We were behind. I called Bank of America and ask ” If We have been paying the agreed amount which they determined ,were not behind and never were contacted after the initial contact” how can We be behind? They assured Me all was well just slow due to the amount of transactions and that the notice was a automated letter.. To keep paying and they Would contact Us. The next time we were “Contacted” was by a carpetbagging Realtor who came to the door and informed us our House was in foreclosure with a sale date of Nov 2010.
After MANY attempts in vain to contact BoA We were told our account was in collection and BoA would not deal with us. Finally getting an answer by phone i was told although our house was listed in foreclosure there was no sale date set and all was going ahead once We fixed the errors in the packet ( one of 5 We recieved via Fedex 5 days in a row) a week earlier. I was given more phone numbers that never answered and spent the best part of that and the next day calling till I finally heard a human voice. Yes, that our home is in foreclosure and has a sale date in Nov I was told less than 24 hours after being assured the process had not moved that far yet no sale date was set and all is still moving ahead.
Now correct Me if i am wrong but they used to send organized crime members to jail for loansharking, I am loosing My house to the UN-organized group. NO 2 of your employees have to this point known what anyone else is doing. This would not upset me if it was even slightly my doing or fault. We were not over extended, frivolous with our money or ever intended of loosing our home by default. Like so many millions of hard working Americans who now stand to loose a life time of hard work due to the dealings of the powers that be. In fact were it not for Bank of America’s assurance that they were willing and could help us ,We would have trudged on and done all we could to pay the original payment at the sacrifice of other areas of Our lives. As stated before We have to live somewhere and pay someone. Our July payment was returned and they will not except any more payments. Bank of America and it’s employees have been either totally incompetent thus far or truly just do not care about the American people any longer.I hope I am wrong but Bank of America has not proven me wrong yet.
Thank You for Your time,
“I support John Wright vs. BofA Lawsuit!”
John Wright wrote to K. Allen on 07/16/10: Thank you for your service to our country K. Allen. You have no idea how much your dedication to our country means to me. You have my deepest respect and gratitude. I want to also thank you for allowing me to fight for you. It is a high privilege to be able to give back to someone like you, who served our country. I am so sorry that Bank of Destroying America has potentially not supported you in your time of need.
Please allow me to give a tribute to you by clicking on the flag above. I am not only tipping the hat and waving the hand, but I am saluting you:) I am John Wright and I SUPPORT K. ALLEN VS. BANK OF DESTROYING AMERICA.
s have been lost by your company many times, I have been advised that they were received many times and I have also received notices of incomplete documents. I am not an idiot! I have worked as a secretary, file clerk and anything that implies documentation or paperwork for many years and I know how to make copies and make sure that all documents have been sent. Of coarse, since this is all a scam it is very convenient to blame the borrower. I was told by mail and by your reps that the loan mod process would take 45 days. What a crock of lies! I have spoken to someone who works in a home retention program for another bank and she told me that it is easier and faster to do a loan modification than an actual loan or refinance which usually takes 30 days or less. There is not even a credit check involved for goodness sake. It is very difficult for your bank to answer questions when pressured but there sure isn’t any difficulty sending Notice of Intent to Accelerate with quite frequency. I guess you guys aren’t too busy for that right? I have money missing and erroneous and fraudulent postings on my account as well. I have escrow money missing. This is the most horrible bank I have ever dealt with. When I used to bank with Bank of America, I lost over $1,600 in overdraft fees. My husband’s direct deposits were being held until purchases were made so we can get over drafted. The reps would tell me that what I saw on my online banking screen was very different to what they were seeing. How convenient. I never got a penny in return. The funny thing is that after I closed my account with your fraudulent bank, I was never over drafted again with my current bank even though we have had at times about a dollar left before we got our deposit. Wow, and we make much less money too. Hmmmm. Bank of America stole my money then and they are stealing my money again and I will not bend over and take it or roll over and let you guys beat us to a pulp. I have to look after the interest of my family’s well being. I am at my wits end and this situation with Bank of America has caused us great suffering. I know this email will once again never be read because you obviously do not have a heart but if you ever do want to make things right, you have this email where you can reach me or also my attorney’s info is on file.
- Continually Updated Paystubs
- Most recent bank Statements through March/2011
- 2009 income tax returns with all pages, signed and with all schedules for myself and and Tony Labranche
- Signed 4506-T forms on myself and Tony Labranche
- Copies of Utility Bills, So. CA Edison in my name
- Husbands Death Certificate
- Signed renter letter from my room renter Ayman Hassan
- Signed Letter from Tony Labranche stating his contribution to the household via rent and expenses
- Hardship letters
- Excel spreadsheets, itemized monthly, showing my income and expenses
- Letter or explanation from former bank SDCCU stating that my bank acct did not have $300,000 in it and it was closed as of 10/2009
Now you are to tell me that I have emailed, sent duplicate copies via federal express and fax and that my “HOME AFFORDABLE MODIFICATION IS DECLINED BECAUSE YOU DID NOT PROVIDE US WITH THE DOCUMENTS WE REQUESTED …..MORE THAN 30 DAYS AGO”I didn’t over buy my home, I put $275k down on my home, I made my payments on time and drained my savings continuing to make my payments on time when my husband died, until BofA told me I wouldn’t qualify for the home loan modification until I showed a hardship and had to stop paying my mortgage.
I did so and then BofA finally stated I qualified for the Home Loan Modification, I was approved and my trial payment was $1584. I made that payment on time and early for 3 months….then was told that it was denied….then approved, then denied, that my loan sold, apply again, then apply again, again and again and again, foreclosure, then no foreclosure, then apply again, ….
Good Lord, what is going on….My husband served our country, he was in the Vietnam war, we both have ALWAYS paid our income tax, we are honest, law abiding, honored our debts, ….due to the death of my husband I was told I would qualify for assistance….WHERE IS MY HOME LOAN MODIFICATION??? Please help me!
Please forward the documents you stated in the attached letter that you sent me requesting documents that I did not send in for over 30 days. I am more than happy to send them again and again and again.
I look forward to your IMMEDIATE reply.
On 08/02/10 Isabel Santamaria wrote:Mr. Moynihan,
On 07/19/10 Ashley Ruble wrote: July 19 2010 (today) – Home Retention rep called me & was very VERY rude to me telling me I can’t afford my house and I should do a short sale. She started asking me private personal questions and her attitude was very negative. I told her my lawyer & I are still trying desperately to get relief or some sort of mod and she said she doesn’t see it happening and I should just make arrangements to move. I told her if more bank reps worked with home owners rather than telling them to sell their house there wouldn’t be so many people in foreclosure. I can’t even begin to explain all the inappropriate things she said to me & asked me regarding my home. I thought their job is to come up with solutions, collect information & past due payments but not tell home owners how they should live their life and what to do with their home. I was so upset after hanging up with her. I really want to save my home. If I got a trial mod once why shouldn’t I hold out hope for another??
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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