Their Name Is Mr. And Mrs. Santamaria AND THEY ARE FIGHTING BACK!

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Monday, January 1st, 2011- We initially had our mortgage with Taylor, Bean & Whitaker since February 2008. We were financially set but were then hit with financial woes almost a year later.   My work hours were reduced, and our expenses increased when we started seeking answers of what was wrong with our children, especially our son.  We started struggling every month, but nevertheless we made payments every month and had a perfect payment history.  Honestly, we never had an issue with TB&W.  We requested a loan modification with Taylor, Bean & Whitaker, but never received the “packet” because they were raided by the FBI in early August 2009.  Our August 2009 payment was lost in the shuffle, but it will be obviously settled in a current bankruptcy case with TB&W.  We were completely unaware of what had just happened.

In mid September we found out that Bank of America had purchased our loan, to our unpleasant surprise, by means of our bi-weekly payment mortgage plan.   Bank of America did not notify me as required.  I received a notice of transfer almost 2 months later, after they purchased my loan, which was well after I initially found out.  Our nightmare began from then on.

I started requesting a loan modification from Bank of America.   I was told that I did not qualify.  I continued to call for a loan mod, and was told several times that we did not qualify. I was making very little money at the time and our expenses were high.  In October 2009, I was being told that I was one month behind, then it quickly became 2 months.  I was confused and disturbed by this because I had not missed a payment.   I obviously was aware that there might be a problem with the August payment sent to TB&W, that same week they were raided, but could not understand why they could not honor that payment, and why they were telling me I had also missed another payment.  I began to see many inconsistencies every time I would call, and BofA  Reps would tell me conflicting information.  Even worse was looking at my monthly payment statements.  That was pure horror!  Inconsistent and deceitful information in black & white from BofA.  They were taking my escrow money and were not posting my payments properly.  I even received a statement from BofA charging us for escrow money stating that I had over $1,000.00 deficit in my escrow account!   I actually had a overage of about $900.00. Unluckily for them, I know accounting and am very well aware if I am being robbed.   During this whole fiasco, I continued to call for a loan mod and continued to complain about this erroneous information.  By this time, my son was diagnosed with Autism and my daughter with Asperger’s Syndrome.  I begged them for help.   In January 2010, I was finally pre-approved for a loan modification after several attempts.  I was previously told by a representative that I had to be behind in my payments to qualify, so I missed my November 2009 payment.  This is the only payment I missed.  It seemed that they pretty much contradicted what they had been telling me before, that I was behind in my payments.  I received my “packet” more than a week later,  and I had very little time to submit all my documents and forms back to them, but I did it.  I continued to be lied to about past due amounts and about my escrow account.  I was told over and over to submit documents, because they were lost, incomplete, etc.  I complied with everything.  I was always told that my loan modification was “under review,” or something to that effect.

As time went by, our situation became dire. and I lost my part-time job in April 2010 and we decided to hire an attorney that same month to help us.  Luckily, my husband had a legal plan with his employe, so we did not have to pay anything.  I continued to complain to all governmental resources, such as the Attorney General, Congressman, Senator, the OCC and whoever I could complain to.

Eventually, my file ended up in BofA’s Office of the President, which is honestly no big deal because they still won’t help you.  My attorney spoke to representatives in the Office of the President and was lied to many times.  She could not believe it!  I was not even able to get a loan modification, or get my account fixed,  even with the assistant of an Attorney.  They didn’t even comply or care about the Demand Letter that my Attorney sent them in August 2010.  During this whole time, they never told my Attorney anything about my loan mod or that they were even going to fix my escrow and payment account.  My Attorney than determined that they were not going to help us or fix the issues and that we have no other choice than to sue them for their malicious behavior.  Sadly, our Attorney could no longer help us because our legal plan did not cover litigation.

By this time my health was being affected and my mental state was compromised.  I have been seeing a Psychologist. I have been suicidal for several months.  It was incomprehensible for me or my husband to understand that we would lose our home with our special needs children and be thrown into the streets.  We had no savings at all.  Our pets would also be homeless.  All these things were running through my head, and I have not been able to handle it. I am permanently affected by all this.

After all this time, I finally received a denial for a loan modification in early October 2010.  They said we were denied because we did not send our documentation! I have sent my documents several times and I was able to confirm it.  What were they doing with my personal information all this time?  I was being scammed all along.  All they wanted to do was take my house and not help us.  The Attorney General opened a case with the Economic Crimes Unit and the Congressman opened a case with the OCC.  Bank of America proceeded to respond to my concerns several months later and lied about everything.  They lied to the OCC and obviously the Attorney General and the Congressman.  I have proof of all their lies.

After several opportunities and more than a year of dealing with this inferno, we finally had to file a lawsuit against Bank of America in December 2010.  We could not find an attorney to help us, because they are obviously scared of BofA or they want us to cough up $30,000.00 to initiate the lawsuit.  We have no other choice than to be Pro Se for an individual lawsuit.  During this whole process with Bank of America, it has become evident that they are a Criminal Organization and should be held accountable for their crimes against humanity.  We are on a mission to tell our story, and have local media and soon nationwide media involved in our case.  All we have to do is tell them our court date, and they will be there covering our case.  We want all victims of Bank of America to know that they can fight these monsters.  Even if we happen to lose with all the evidence at hand, we know that we did not give up for our children.  Our children deserve that we at least fight for their well-being and their stability in life.

Thanks for listening to our story.

Isabel Santamaria

isabel-1229@hotmail.com

Home Owner Beats Bank of America in Small Claims Court

Lo from Texas wrote on 01/11/11: SMALL CLAIMS COURT LAWSUIT NATIONAL ACTION I have an awesome idea to bring BOA to its knees, we can all file in small claims court on the same day, it will cost us each 65$ to file and they will have to provide an attorney for each and every one of those suits, if they do not you will by default judgment. “death by a million cuts” at very little cost to each of us! How can I get you all on-board? -

If you are interested in joining a protest that involves bringing small claims against BofA, please contact:  sueboa@yahoo.com

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08/10/11 Press Release “Racketeering”- click here

Complaint Filed

BofA Motion To Dismiss

03/25/11 press release

04/05/11 press release

07/11/11 article written by Isabel Santamaria.

Second Amended Complaint filed

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