The Brian Teets Experiment-He Dared to Challenge BofA!

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       Teets Received Modification

..Experiment officially over 05/27/11

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                                                                                                                                                        May 27th, 2011

Brian Teets Won!

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I am happy to report that, after over a year of trying to get my mortgage modified with Bank of America (BOA), yesterday I was permanently modified. It’s been a long and tiresome process, but I am proof that it can happen.  I owe many thanks to Piggybankblog.com and the wonderful people who supported me when I began what I called the “Brian Teets Experiment – a case study in Incompetence & More.” The purpose of the experiment was to document all my communications with BOA and detail their modification process so the pitfalls were clearly transparent.  However, it was also an opportunity to prove that BOA was not completely incompetent and capable of fulfilling its obligations with the HAMP program.   So I sit back today, and can say whole heartedly from the time I started the blog around November 2010, my Bank of America representatives have been nothing short of professional and on top of things.  I didn’t have to send lost documents repeatedly and my representatives were knowledgeable about the process and next steps in the application.  They clearly communicated how the program would work and where I was at in the process.  So here’s some positive feedback for BOA for doing the right thing by me!  As I’ve said from the beginning, I’ve never wanted something for free or for which I didn’t qualify.

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I also would like to give a special thanks to Pamela Thievan from my Congressman Frelinghysen’s office, who opened the investigation with the OCC into BOA. 

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Thanks again to John Wright of Piggybankblog.com for all your support during my battle!  I’m forever grateful. 

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I’m Brian Teets and I fought back and Won! I wish the same for you.

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February 15th, 2011

Teets Received Modification

Yesterday, I received a package from BOA in which I was told I was approved to enter a Trial Payment plan.  According to the contract, if I pay the three trial payments timely then I will be considered for a permanent Home Modification.  After 1.5 years, I was thrilled to finally get a hope that I might obtain a modification.  It’s important to note, many times the game is still not over and BOA will attempt to pull the rug out under you.  So, I will be continuing the experiment and documenting throughout.  I do want to take the time to pay a special thanks to John and the wonderful community of Piggybankblog.com.  There were times when I thought I had been beaten down by BOA, but was given the courage to fight on.  The politicians served no help and BOA probably has them in their pocket.  But sites such as piggybankblog serve as the recourse for homeowners to unite and fight against being defrauded out of their homes.

I am Brian Teets and I am fighting back! 

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December 15th, 2010

Mr. Brian Teets wrote John Wright:

John–

I know you have tons of e-mails so no need to read this entirely.  The gist of it is now after 10 months of incompetence, I’m told BOA doesn’t have my original application and materials and they need me to send it in again.  Which my contact indicated it will be 30-45 days, which translates to at least 4 or 6 months.  Anyway, I had indicated to the representative I’m going to give them the opportunity to prove they are not completely incompetent and from the point forward, I’m going to be allowed to be a BOA case study.  Where all my communications will be documented either by recording or e-mail.  I turned it around and said this is an opportunity for them to prove they are capable of getting anything done.  I’d love to call these criminals out for what they really are, but try to keep myself contained.  Anyway, this letter will be going out to the following:

CC: Isela Gussman (BOA representative)

CC: Your blog

CC: Brian Moynihan

CC: Pamela Thievan (my point of contact at Congressman Frelinghysen’s office)

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December 15th, 2010

 Dear Mr. Brian Teets:

I have read your email, and I want you to know that you have the full cooperation, support and backing of piggybankblog.com  You see, I am not here to bring down Bank of America, but I am here to simply make them better, while I create a win….win…situation for all sides, including Bank of America.

I will be closely monitoring your situation, as well as creating the “Brian Teets page” for everyone to follow.  I will be sending a mass email out to market it.  It is important for you to know that the United States Senate is on my blog every day.  Therefore, you can count on “my people” being very interested this experiment.  It is my intention to create your page right after this email to you.

Well Mr. Teets, it sounds like you are Brian Teets AND YOU ARE FIGHTING BACK!  (wink)

John Wright

piggybankblog.com

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December 15th, 2010

Mr. Brian Teets writes Bank of America

Isela,

Thank you for discussing the status of my modification loan yesterday evening. I will be gathering the below referenced documents which were sent previously on 4/17/10 and should have them scanned and e-mailed to you later this afternoon. However, I still have many concerns about why after 10 months my original documents (RMA Form, 4506T,& HOA Statement) are MIA. What concerns me even more is that two days after I e-mailed Brian Moynihan about the complaint my congressman, Rodney Frelinghuysen, filed with the OCC about my experiences with the BOA modification process I was informed that all of my that all of my documents were received, so where did my application go from there. Even more concerning, you give me an estimated 30-45 days now to process my application. Since I haven’t seen anything done correctly at this point and I know 30-45 days is more like 6 months, I have to escalate this matter further

I know you’re not the person I’ve been dealing with throughout this process, so I don’t expect you to have to take ownership for this incompetence. So don’t take it personal. Look at it like this, here’s your time to shine. So if you, Mr. Moynihan and whatever team you have to assemble manage to do the right thing for my application to be processed, I will not only be grateful but as I’m documenting this on John Wright’s Blog- Piggybankblog.com, look at this as an opportunity to for some much needed positive publicity. That’s all I ask. I’m not a deadbeat looking to skip out on my mortgage obligations or be approved for something I don’t qualify for. So we’re past apologies at this point. Better yet, as when I spoke with Walt Jackson in Customer Affairs, I was extended the same apologies and that I had unfortunately slipped through the cracks. How about the countless times you’ve foreclosed upon people who have slipped through the cracks and have had their lives ruined, Taylor is a good example of this. So your superiors would so owe it’s just the best we can do, we’re swamped. Well it is already acknowledged the system is not working, is it not then the right thing to do is on at least a short term basis work with your customers. Not saying you have to go through a federal application process. But have an intelligent review of your customer; is he working, yes?, does he have a good payment history- yes?, ok while we wait for the application to be processed, perhaps “meaningful” short term relief could be provided. For example, maybe a 6 month reduction of the mortgage by X dollars…You add the debt on the back end so you still make money. However, instead, Band of Abusing Americans prefers to sending goons unannounced to my condo for a house evaluation or daily calls and letters threatening foreclosure, exorbitant fees, etc. If this was an organization which took some personal responsibility and was proactive in addressing systemic failures, I would be more “forgiving” to go along with the “slip through the cracks” of a large volume of work theory.

Thank you and I’ll be e-mailing the documents to you say around 1 pm. Please note, I’ll be contacting you weekly on how my case is proceeding. We can converse either by the phone or via e-mail. However as you will be a case example on Piggybankblog.com, if you call I will need to record the call to document the process. It has also become clear to me that I need to obtain legal counsel which I’ll be pursing later today as well.

Brian Teets

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Brian Teets Comments on 12/16/10 :

Thanks John and everyone else for your support. I’ll be commenting more later this evening, but just wanted to let everyone know the experiment just began at 2:15 EST ago as I sent the application and related documents via fax to Isela Guzman at BOA.

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December 23rd, 2010

Brian, I just got the card and gift you sent me. I am so humbled, that even the great communicator on piggybankblog.com is at a loss for words. I can not thank you enough, because I do not think you have any idea what a difference this makes in my life. Every time I go to my mailbox, I think I am going to get my bills, as it never even occurs to me that anyone would send such a gift.

Doing piggybankblog.com has been the greatest thing that has ever happened to me, but not just because of your generous gift, but because I have met the most incredible people I have ever met in my entire life. If I died right now, I would be satisfied with my years, because I was blessed to be a part of something greater than myself, while crossing paths with people like you who make this world a better place.

Brian, thank you for making my Christmas.  I will never forget what you and the others did for me. I will never forget that you are Brian Teets AND YOU ARE FIGHTING BACK!

God bless you my friend. I wish you and your family a very merry Christmas.

Grateful,

John Wright

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Brian Teets on 12/23/10

Good evening my friends fighting back against Bank of Abusing Americans,

Well, below, you can see I received an e-mail response from my BOA representative that they have received my additional documents they requested. So we have however many thousands of people who come on the site can see that it has been verified that the following documents have been submitted and have been verified as having been received- RMA Form, 4506T,& HOA Statement, 2 recent paychecks, utility bill,2009 Federal & State Tax return with w2′s, and 2 most recent bank statements). I also have the e-mails with the scaned documents saved along with the confirmation the e-mail was opened by Isela. So I believe I have made a positive impact in the second stage of the game. Every veteran knows stage one is defering you with games as far as qualifications to even complete the HAMP request. The Second stage of the game is losing repeatedly and faxing the same documents over and over and over. So as Isela Guzman at BOA has them now, the only logical thing to be asked fr

om now should be paystubs and bank statements if the application is pending longer than a month.

So the application is on it’s way to the HMA program. After the holidays, I’ll post on my follow up with Isela. I’m willing to give a month for this to be processed, but anytime longer or if I get an imbesall to ask me for the same above referenced documents, then phase two of the Brian Teets experiement will be implemented. That will be contacting every senator and congressman and writing the major newspapers with my story and with reference to others as noted on Piggybankblog.com.

It’s easy to feel very down especially this time of the year when we have financial challenges and without knowing if are house will be stolen from us, but although I’ve had to fight a battle against BOA and felt worn down from time to time, this blog and the inspiration like great people like John Wright has energized and given me great faith of the power of every citizen to fight back.

Wishing you all a Merry Christmas and Happy Holidays.

Until next year,

I AM Brian Teets AND I AM FIGHTING BACK!

Brian
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December 25th, 2010

Brian Teets writes John Wright: Hi John, Merry Christmas! Well I was on your blog a short time ago and got to reading some more sections than I haven’t had time in the past. I read the section of the Frosts experience with BOA. I got to thinking some more, I know I mentioned in my last posting I was going to give them a month to process things. However, after reading their story it just angered me further. So I think the best Christmas present I can give today for myself and the rest of us is start to work on an e-mail to Brian Moynihan and ask him how he feels what kind of a Christmas Scrooge he has been to all the people he defrauded out of their homes. I’m going to ask not for an apology but a specific outline of how they have addressed their failures. That’s the part that’s really starting to anger me more. I don’t need to hear the apologies, or who slipped through the cracks. They never have anything to say about what steps they have taken to address the problem. So I’ve changed my mind, I am going forward with drafting a letter to all the congressmen and senators as well as copying the major newspapers. As you are the great communicator, I’ll show it to you first for your thoughts if you don’t mind.

Well I can already feel that this new year is going to be starting in the right direction.

I am Brian Teets and I am Fighting Back.

December 25th, 2010

John Wright responded to Brian: That is the spirit Brian! It is time for us to stop being victims, and start getting mad! This is the first step in a person starting to fight back, as you have come to realize that we are only victims, if we allow them to make us as such. Depending on their good nature, which I assure you they do not have one, is about as effective as spitting in the ocean. Bank of Defrauding America is a wild beast out of control, who only looks out for their own interest at all times. This is why there must be accountability for their actions, because they are not going to change on their own, so we have to suggest that it is in their own best interest to bring reform to the American people. Otherwise, the American people will bring reform to them.

Yes, the Frost’s are a prime example of the American spirit, such as you have become too Brian. This is why I featured both of your stories, because you have not only become an inspiration to others, but an inspiration to myself.

Now everyone has a different opinion of what the American spirit is, but I think it looks a little like this:

My name is John Wright AND I AM FIGHTING BACK!

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December 27th Brian Teets writes CEO:  Dear Mr. Moynihan: Like so many thousands of hard working homeowners, I have been extremely frustrated trying to get a home loan modification through Bank of America (BOA).  What I initially thought was the epitome of pure incompetence, after researching further I see it’s much more than just that.   However, my intent of this letter is not to restate my experiences (you can review the attached letter I sent to my congressman or review Piggybankblog.com for countless stories of people who were defrauded from their homes, maybe start with Alan Taylor’s story).  I’m writing as we deserve an explanation of what the specific steps that Bank of America is addressing to assist homeowners who are working to be able to maintain their homes and complete the HAMP process.  I have been afforded numerous apologies for the failures I have encountered throughout, but I’m not looking for an apology.  Furthermore, apologies without analysis of the problems and with a good faith intention to correct them, doesn’t mean anything. So we’re past apologies at this point.  Rather than allocating adequate resources and working diligently to reduce the number of loans in danger of default by establishing permanent modifications, BOA has serially strung out, delayed, and otherwise hindered the modification processes that it contractually undertook to facilitate when it accepted billions of dollars from the United States.  Even a June report from the Government Accountability Office found that potentially thousands of homeowners were improperly denied permanent HAMP modifications. There are numerous lawsuits, complaints to the OCC, and now investigations from the Attorney Generals from AZ and NV and will most likely continue to other states.  Even my state of NJ, has indicated a possible foreclosure freeze due to lack of due diligence by “robo signing” of documents.  But, I’m not here to be a thorn in the side of Bank of America; I’m looking to see evidence of meaningful change.  I’ve heard you speak during some congressional panel in which you did acknowledge there are problems with the modification process and that BOA is taking steps to resolve.  That’s the part I’m not clear on.  We deserve a detailed explanation of what steps BOA is taking to address the systemic failures with modifications because whatever you claim to be doing obviously isn’t working so well.  Additionally, no one throughout BOA has offered to take ownership for their failures.  First allow me to pre-empt, we can’t blame this one on the HAMP program as my 10 months of incompetence, my file hasn’t even made it over to HAMP yet.  Don’t even attempt to give me statistics of the modifications you’ve done, as that’s another joke. So that’s all we deserve to know how your despicable modification process is being improved upon.  Note, I refer to we, as your communications or lack thereof (along with all communications with BOA), are now documented on John Wright’s Blog- Piggybankblog.com, under the “Brian Teets Experiment.  Hardworking honest Americans who meet the HAMP guidelines, but were defrauded out of their homes, demand your organization to change and adhere to the federal guidelines when you were award TARP.  Or as what I believe is starting to happen now, change will be brought to BOA.    So as CEO, the buck stops with you.  It’s time to end the lip service and own up for BOA’s failures along with a plan to do the right thing by the homeowners in America. In closing, On November 2nd, after I e-mailed you regarding letters to my congressman and my complaint filed with the OCC, I was provided a direct point of contact.   She has continued to be professional, as many of your representatives have been.  However, I learned a month later that my original documents needed to be sent in again.  After sending the same things over and over, I knew it was just going to be the same old game.  Also, when I read stories of numerous individuals who meet the three month trial period only to be foreclosed upon, I know I can’t sit back and wait to see if BOA will get my application right this time.  As I’ve stated above, when there aren’t any indications of meaningful change, then one needs to make the educated assumption that BOA won’t change on it’s own.   I welcome your response.

Sincerely,

Brian Teets

To see details of previous lawsuit: Click here

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December 28, 2010

Senator Frank Lautenberg

One Gateway Center

23rd Floor

Newark, NJ 07102

Re: Bank of America Home Modification Loan Response

Loan# XXXXX (formerly Countrywide)

Dear Senator Lautenberg:

I’m writing to inform you of the tragedies many hard working Americans are facing with trying to obtain a modification of their mortgage, in particular with Bank of America, “BOA”. While the HAMP program, has been with its own faults and has fallen far below the expected results, there is also a greater problem which concerns the will of BOA to actually comply with HAMP and as a condition when BOA accepted TARP funds. I would hope after you review my story and the countless others as is documented on Piggybankblog.com, you will provide a response of your course of action that as a senator from the great state of NJ will be willing to take to support the millions of individuals being defrauded out of their homes and be willing to do something about it. First allow me to go into a brief summary of my own personal story, which is like so many across this great country.

In September 2009, I lost my full time job and lucrative part time job shortly thereafter, like millions of other individuals. I live in a modest 2 bedroom condominium in Morris county and have worked two jobs most of my life. I took a proactive position and contacted my mortgage holder, Bank of America (formerly Countrywide) to discuss with them my concerns if my employment was protracted that I may have difficulties meeting the payments. I had hoped they might be willing to provide short term relief, such as reduced payments to be added into the balance, for a good paying customer. BOA indicated they couldn’t offer any assistance and were not cooperative at all in trying to work out a plan for me. I also did reach out to a representative from the Hope for Homeowners program and still did not avail in getting any meaningful short term assistance with BOA. Over the course of several months, I just encountered more of the same inconsistent information and sending the same documents over and over l to no avail. Finally, In August after numerous calls, I was informed my file had moved onto the next stage where it was in review. I was told it takes about two months from this stage to obtain a decision. On November, 1st I contacted BOA again to inquire of the status, and I was told they still require the aforementioned missing documents which I sent in June! I knew as 9 months had gone by of struggling to meet the monthly mortgage payment, I needed to escalate this situation to my elected officials.

So I had contacted my congressman Rodney Frelinghuysen, who filed a complaint with the OCC on my behalf. Rodney Frelinghuysen and his staff were exceptional in offering their assistance. Also, the complaint with the OCC is in review. I did forward the letter from my congressman and the OCC complaint to the CEO of Bank of America, Brian Moynihan, regarding my situation as well. Only after my complaint and letter to the CEO, BOA has been much more cooperative by assigning a direct point of contact and has managed to have all my documents, but I suppose this story could change at any moment. So the working relationship has improved, and I’m told my file is ready to be sent to the HAMP program just would have liked it to happen earlier than ten months.

So I’m writing this letter because what initially was just a battle for myself I feel I need to step up and ensure my elected officials are aware and seeking to address this serious problem. You see a fundamental flaw of the modification program, is they are processing the foreclosures concurrently with the modification program. As I believe they have already demonstrated, there is no will to actually modify the mortgages, so of course the foreclosure will occur before the modification. There are also numerous stories of individuals who what met the three month trial modified payment plan, only to be foreclosed upon.

So when I was at my wits end, I came across a great blog, Piggybankblog.com, I realized what I had initially thought was the epitome of incompetence was much more than that. I thought all hope had been lost as I was going in circles with BOA and the attempt for intervention by the non-profit Hope for Homeowners foundation proved to be fruitless. This site, Piggybankblog.com, set up by John Wright, is a valuable resource to the thousands of individuals who are currently being defrauded out of their homes. I suggest your office review the site and see firsthand the countless stories of victims. I would also like to know your comments of the site and what steps we might expect or currently being undertaken in the senate to take to address this serious problem in the near future

I would also like to discuss the John Wright Vs. Bank of America Lawsuit. Since his story is similar to mine and millions of others, I would ask that you monitor the suit. I understand he has engaged the services of 25 law firms to bring the suit to BOA which should be happening fairly soon. I wonder if you know anything about what could be one of the largest lawsuits waged against BOA for defrauding homeowners? One Senator in particular, Senator John Barrasso, has gone on record to support the victimized homeowners on the Piggybankblog.com site and the John Vs. Bank of America Lawsuit. I would like to know for the record which side you stand on.

In closing, I have been afforded numerous apologies by BOA for the failures I have encountered throughout my modification with BOA, but I’m not looking for an apology. I’m told I slipped through the cracks; well tell that to the millions of people who have been defrauded out of their homes. Furthermore, apologies without analysis of the problems and with a good faith intention to correct them, doesn’t mean anything. So I believe rather than allocating adequate resources and working diligently to reduce the number of loans in danger of default by establishing permanent modifications, BOA has serially strung out, delayed, and otherwise hindered the modification processes that it contractually undertook to facilitate when it accepted billions of dollars from the United States. Even a June report from the Government Accountability Office found that potentially thousands of homeowners were improperly denied permanent HAMP modifications. There are numerous lawsuits, complaints to the OCC, and now investigations from the Attorney Generals from AZ and NV and will most likely continue to other states. Even in our state of NJ, I understand there is a foreclosure freeze due to lack of due diligence by “robo signing” of documents. But, I’m not here to be a thorn in the side of Bank of America; I’m looking to see evidence of meaningful change.

As you have served honorably for a number of years in the senate, I trust you will do the right thing and stand up for honest hard working homeowners. Thank you for your time.

Sincerely,

I am Brian Teets and I am Fighting Back

January 04/11/11

I was informed by Elizabeth Enrique that all my documents have been received and have been forwarded to the Home Modification Program for review. I also received a fedex, indicating the same. The letter indicated, “within 30 days, you will hear from us about your eligibility for aloan modification. We will give you one of these three responses..

  1. you are accepted into the program with instructions on how to proceed
  2. You are declined from the program, but we may have other option to help you avoid foreclosure
  3. We need more information from you to make our decision.

Brian wrote on 01/07/11:  John,   My senator, Menendez, responded to my letter about Bank of Abusing Americans and did share a letter he wrote along with several other senators to Timothy Geitner which provides some of their recommendations to address the serious failures of HAMP.  Of course it falls, far to short of not calling for jail sentences for banks such as Bank of Abusing Americans for their blatant mortgage fraud practices.    I will be sending a letter of follow to the treasury secretary and might I suggest you to post for the other piggybankbloggers to write the Treasury Secretary as well and demand what his response to the plan as outlined by these Senators.   I am Brian Teets and I am Fighting Back ************************************************************************************************

CHAIRMAN OF SENATE HOUSING SUBCOMMITTEE AND 16 COLLEAGUES URGE TREASURY TO IMPROVE FORECLOSURE PREVENTION PROGRAM

Menendez and colleagues suggest specific changes to prod banks to make responsible mortgage modifications and work with homeowners

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November 17, 2010 Text of letter:
November 16, 2010   The Honorable Timothy Geithner
Secretary of the Treasury
1500 Pennsylvania Ave NW
Washington, DC 20220   Dear Secretary Geithner: We write to you today to request changes that would improve the federal government’s foreclosure prevention programs.  The recent revelations of “robo-signing” or “rubber-stamping” of foreclosures by banks that exercised lax oversight is certainly shocking, but that is only one example of how banks have mishandled both foreclosures and mortgage modification requests.  While we have passed important legislation to deal with the foreclosure crisis, we believe that ending the foreclosure crisis will require that the federal government both vigorously enforce existing law and implement additional efforts that are clearly needed.   The “robo-signing” is directly attributable to banks and servicers not doing proper due diligence, which is inexcusable when dealing with a matter as monumental as the seizure of a family’s home.  But the more important point is that if many banks and servicers are not handling even basic foreclosure procedures correctly, it is likely that many are also not correctly evaluating homeowners for mortgage modifications.  We ask that the Treasury Department hold banks and servicers accountable with a significantly more thorough review process than Treasury has implemented thus far.  For example, too often the mortgage modification appeals process consists of the government simply repeating the unsupported assertions of banks and mortgage servicers about homeowners not being eligible for a modification.   While some progress has been made, it is clear that the Home Affordable Modification Program is neither working as well as intended nor reaching the desired number of homeowners.  Treasury’s initial goals were that “7 to 9 million families [could] restructure or refinance their homes” through HAMP,[1] but the program is falling far short of that goal in the following respects: •    Since January 2010, only 495,898 permanent modifications have been granted compared to 729,114 trial or permanent modifications that have been canceled[2]
•    53.2% of all trial modifications have been canceled, as compared to only 34.1% of all trial modifications that have been successfully converted to permanent modifications.[3]
•    Approximately $50 billion was allocated for HAMP, but the October 2010 report from the Special Inspector General for TARP claims that as of September 30, 2010, only $483.3 million has been spent.[4]  And while the statistics cited above concern us greatly, it is even more sobering to continually hear from constituents who owe more than their house is worth and can’t get a mortgage modification or refinance from their bank.  This is typically because of losing their jobs through no fault of their own, combined with the decreasing value of their home.   Countless constituents tell us stories of being stonewalled by banks for very long periods of time; of not being told the reasons for the rejection of their modification request; of significant delays caused by banks losing paperwork; or of trial modifications cancelled with no rationale.  We cannot let this continue.   Below, we have listed several common sense and widely agreed upon steps that the Treasury Department can take today to improve HAMP’s effectiveness that do not require Congressional approval.  These are not extraordinary steps, and we strongly urge you to implement them as soon as possible.   •    Hold Servicers Accountable: Banks and servicers must be held accountable.  Treasury currently offers incentives for their participation, but if there is no disincentive for their mistakes, they simply will not correct those mistakes in the future.  If homeowners are eligible for modifications, they should get them.  Additionally, in its October 2010 report to Congress, SIGTARP several times noted that “there have been no financial penalties imposed by Treasury on servicers who have violated HAMP guidelines,” and listed several examples of servicers treating homeowners unfairly.[5]   •    Office of the Homeowner Advocate: Senator Franken’s proposal would establish a Treasury office specifically advocating for homeowners with respect to common sense HAMP mortgage modifications.  Treasury supported creating the Consumer Financial Protection Bureau because of the lack of a consumer advocate in the banking sector, and Treasury should support establishing a similar office in HAMP for homeowners because of the lack of a consumer advocate in the foreclosure process.  Many elements of this proposal do not require Congress to enact.   •    Automatic Conversions: If a homeowner successfully completes a trial modification, they should be automatically extended a permanent modification.  This could make a big difference in reducing bureaucratic obstacles that are preventing homeowners from getting permanent modifications.   •    Revise Eligibility Requirements: While we appreciate the expanded eligibility implemented in April 2010, we believe that the eligibility rules must be revised further.  To include more homeowners, unemployment insurance should be included with income when determining HAMP eligibility.  As the economy staggers and more homeowners are unable to secure employment, more homeowners will find themselves in need of assistance.  And Treasury should clarify that primary residents who are not listed on the mortgage note but who can assume the note – often widows and surviving children, as well as people experiencing divorce or domestic violence – should be able to obtain a loan modification.   •    Investor-Based Modification Denial Documentation: While Treasury has recently announced that servicers will only be required to provide certain documentation to the Treasury Department and its agents upon request, we believe that it is essential for homeowners to be provided with this information directly.  The homeowner is in the best position to act quickly on wrongful denials if they receive this information directly. We believe that more transparency is crucial.   •    Net Present Value Analysis: Sec. 1482 of the Dodd-Frank Wall Street Reform and Consumer Protection Act requires Treasury to make publicly available all NPV analyses for homeowners who have been denied HAMP modifications, including specific servicer analyses, and Treasury recently announced that it will be available in February 2011.  While we applaud that action, we strongly urge Treasury to hold firm to this timeline so that the public can receive this information as soon as possible.   We appreciate what progress HAMP has already made, but amid continual frustrations from our constituents, it is clear that significant improvements are urgently needed.  Recent reports indicate that members of the Obama Administration share our viewpoint.  According to Secretary Donovan, a recent government investigation found that some large mortgage servicers and banks are not offering borrowers a fair chance to modify loans.  As he said, we should be “focused on the process early, to keep people in their homes, rather than focusing late, when it is much less likely that people will be able to stay in their homes.”[6]    We were also encouraged by your recent meeting with struggling homeowners and homeowner advocates on November 4, 2010, during which you were confronted with HAMP’s many problems.  Afterward, one participant paraphrased you as saying that “there are legislative guidelines that can hinder [Treasury] on doing anything.”[7]  As we have stated, we believe that our proposals above do not require Congressional action, but if you have other statutory suggestions for improving HAMP that Treasury would support, please share those with us.   We strongly urge the Treasury Department to immediately implement our specific improvements.  Homeowners cannot afford to wait any longer. We thank you for your attention to this pressing matter and look forward to your reply.

Sincerely,

Robert Menendez

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Update on 01/10/11 Brian wrote:  Senator Menendez,   Thank you for your response to my concerns with Bank of America and the Home Modification process.  I am curious to know if the Treasury Secretary has responded to the letter you along with the other senators wrote addressing the HAMP failures and recommendations?   As you are aware, this is a national crisis and requires immediate attention.    I have along with many other citizens found comfort in this process with Bank of America with a blog, called Piggybankblog.com.  It is there where I found the resources to stand up against the endless games of incompetance with obtaining a modification. I have a link on this site, called “The Brian Teets- Experiment”, where I will also be encouraging the thousands of visitors to also contact the Treasury Secretary to determine what immediate steps can be take to prevent more victims of the abuses from such banks as BO A.  In the meantime, is there not any legislative steps that can also be taken to address this serious and immediate threat to the american economic recovery and the american way of life.   

Thanks again for your assistance,  

Brian Teets

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On 01/14/11 Brian Teets wrote BofA: Linda,   Thank you for your response.  I have attached your requested information as well as a letter I wrote to my congressman which provides some more detail of my experience.    Please note a case has been opened with the OCC and only after my contact to my legislative representatives has Bank of America even been willing to work with me as far as filing my modification.  However, it’s constant games and examples of mortgage fraud that prompted me to contact your office.  Only because I have spotlighted there blatant fraud and incompetance on a blog called Piggybankblog.com, under the “Brian Teets Experiment”, where I detail all communications with Bank of America have they begun to exhibit some professionalism.  So as you should be aware, this is a serious national crisis.  Also, Senator Menendez wrote the Treasury Secretary in November which summarizes very nicely this crisis along with a plan of actioni.  (I will forward that e-mail as well).   So, my hopes is not to file another investigation with the OCC, but to know what steps you may or have done to address the criminal activities of the large banks, in particuliar Bank of America.  From Robosigning, to false trial modifications, countless qualifying individuals have had their lives ruined because of the criminal actions of Bank of America.    Thanks,   Brian Teets

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On 02/02/11 Brian wrote:  Just to recap where I am with my modification and what has happened along the way with my Bank of Abusing America Experiment.    When I created the experiment over a month ago, after I my application was sent and confirmed that all items were received, I thought I might want to lay back for a bit and see how things would play out.  I figured I didn’t want to antagonize BOA.  However after reading experiences such as the Frost’s and others, I realized I truly don’t think there is any good within this organization and that I needed to continue on my campaign.    So when I created the experiment, I had e-mailed my NJ senators Menendez and Lautenberg, The Senate Banking Committe, US Treasury Secretary Timothy Geithner, Brian Moynihan- CEO of Bank of America.    Here’s a recap of what my responses.  Senator Menendez responded and indicated that in November he had written a letter to Secretary Geithner which was signed by several other Senators.  It acknowledged HAMP as a failure but did outline several opportunities to improve the process.  I asked if the senator would go on record to support your lawsuit as well which I didn’t receive a response.  Furthermore, I asked him what the response from the Treasury Secretary was and what steps the senate might be able to take in order to provide some relief as this was an emergency situation. No response was ever provided.    I did receive a response from Senator Lautenberg’s office.  The individual wanted to treat this as an isolated case and follow the usual and useless course of action which is to file a complaint with the OCC.  When I indicated I had already done so through Congressman Frelinghysen, they indicated there was nothing further they could do.  I had asked them the same questions of Senator Menendez, which is what’s their stance with regard to the plan addressed to Treasury Secretary Geithner, what their stance was with regard to Piggybankblog.com and what steps has the senator offered to address this housing crisis and the defrauding of America.  No response was ever provided.   I wrote the Senate Banking Committe, which I believe Senator Dodd is the Chair.  I detailed my experience and asked what steps they were taking to address the mortgage fraud as well if they offerred their support to Piggybank blog.com.  No response was ever provided.   I wrote “Tax Cheat” Timothy Geithner asking what his response to the Menendez Plan.  No response was ever provided.      I wrote Bank of America CEO, Brian Moynihan.  The purpose of my letter to him was not to acknowledge my experience or the crimes inflicted upon others, but to give him an opportunity and for me to see if there was any humanity, to go on the record with specific steps they were undertaking to address their failures.  No response was ever provided.   See the theme here, it’s all lip service with my letters I wrote to my congressmen, senators, and Brian Moynihan.  I am ready to help in any way I can to organize national civil protests and a call to close your BOA accounts.  We’ve tried going through our leglistative represenatives and BOA, but that obviously hasn’t proven to be successful.   I was informed by BOA early in January that I would be provided a response to my application if either I was approved, denied, or pending any additional information.  It’s Feb 2nd and no response was given yet.  I’ll be following up with them shortly.   

I am Brian Teets and I am Fighting Back!
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Brian has update us on 05/11/11:  Hi All, Just thought I’d update that I have successfully completed my three month trial period and have made my payments on time.  During my research, I learned more the way the game is further continued is many instances borrowers are told to continue to remit their payments until BOA confirms with them if they have received “permanent” modification.  So as you all could clearly see to my surprise (insert sarcasm), many individuals continue their reduced payments as agreed in some instances for a year and half or more, and then the rug is pulled out under them.  There never is an intent to do the permanent modification obviously, just an opportunity to squeeze a little more out of the homeowner adhering to their end of the deal. 
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So to be preemptive, I notifed my BOA contact, Essella Guzman, how I plan to pursue this.  I stated I will make my June and July payment per the agreement.  If there is no “permanent” decision by June 30th, I’ll begin remitting my payments in escrow to my attorney.  It’s close to 1.5 years of attempting to get permanently modified, so BOA has had ample time to make a decision.  So of course, if they decide to not comply on their part of the bargain then I’ll instruct the attorney not to disburse the funds.  Of course if they do comply with their side of the bargain, then I’ll remit the funds to them.

Putting the money in escrow which BOA will get monthly updates, provides verification I am acting in good faith.

I’ll continue to update as things progress.

I am Brian Teets and I am fighting back!

 

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37 Comments

  1. Tammy Stein says:

    Go Brian!
    Good for you! I will definitely be following your progress. Maybe I can get some tips I can also use. I support you and what you’re doing, here’s to a good outcome! Fighting back TOGETHER!!!

  2. Jill says:

    Well, maybe since you have notified them in writing and that you are a “test case” they will actually make this happen. Had you not mentioned that, it would more than likely be the same old story. They have no paperwork, resend, resend, resend (broken record goes on for hours). Then they just auction your house, even after they say you aren’t in foreclosure. Hope this works for you. I’m JILL GRAY and I’M FIGHTING BACK!!!!!!!

  3. Brian Teets says:

    Thanks John and everyone else for your support. I’ll be commenting more later this evening, but just wanted to let everyone know the experiment just began at 2:15 EST ago as I sent the application and related documents via fax to Isela Guzman at BOA.

    After I receive an acknowledgement, I will provide a update on how things are going, at least once a week or sooner if I have more information.

    I haven’t heared anything from BOA, but it looks like there are many eyes watching.

    Hopefully my situation will have a positive outcome, but I intend to continue my fight for the other good people here as well.
    I’m Brian Teets and I’M FIGHTING BACK!

  4. Kathleen says:

    Hello Brian- I will be watching your progress as well. I back you up 100%. Hi John:) It will be interesting to see your case unfold. I bet it will be a great outcome (wink) lol My name is Kathleen and I am fighting back! Even when my nightmare ends, I am going to stay on this blog and fight for others! Not until BofA does right by the American people. People reached out for their help when they hit bottom and BofA steals their homes by deceptive means. Not as long as I have breath in my body. There are some things worth fighting for and this is one fight I pick! United we stand!

  5. Brian says:

    Chapter 1 “Will the BOA fax machine steal the day- we all know how that story ends”

    I did receive a prompt call from Isela indicating she didn’t receive my fax. It was a professional call and she did provide her direct fax number. So I scanned the documents and e-mailed them to her. What I sent to her was the (RMA Form, 4506T,& HOA Statement, 2 recent paychecks, and utility bill).

    I’ll follow up with her tomorrow. I did wonder if this infamous BOA fax machine is the same one from the Office Space movie or maybe it’s inside Brian Moynihan’s office connect to shredder.

    More updates to follow…

  6. brian teets says:

    I know Tammie had asked if I had any suggestions, so I thought I would share a few steps I took from John’s advice and some of my own personal observations.
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    What gave me a face and got me in contact with direct person was not pleading with BOA, but by contacting my congressman who then filed a complaint with the Office of Comptroller of Currency. Some of the best advice I got off this site. That was big thing that will get their attention. Because they’re not thrilled about what eventually will be investigations or fines, not necessarily because of the policians fighting for us, but for sites like this which are building more traction and have a large following. Eventually when the people hold their policians to account, things will change. But you have to contact your senators and congressman in your district to start, and you surely could contact every member of the house and senate as well I suppose.

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    **Important note especially to the new applicant ** Understanding how the processing game is played is critical….Especially to the new applicant, you have to know it’s the time game they play. They know you’re struggling to keep your head above water, so the longer they can stall the application the easier to steal your home.
    See if most people got their modifications even within 3-6 months, there would of course be a much greater probability they would keep their head above water. So, the game is like this…. 3 months go by after they say you qualify for HAMP and will send you the packet, 45 days later you call to find out where the application is, they say you didn’t get one because you don’t qualify. And because you’re never provided a direct point of contact, there really isn’t anyone to hold directly account. Then the game continues once you finally receive the packet. So you get the packet and a few months later they supposedly have it and you’re told it’s being processed. Your starting to get the false sense of security that someone who is competant is reviewing your documents. Your never contacted that they require additional information to continue processing your application and it’s in limbo, usually additional pay stubs or another form. So you contact them, they say fax these whaterver documents they need. Now, thats where the fun really starts. You fax documents, which in my case was over 10 times and mailings, and it just goes into the black hole. All the while your told, just another week, or it’s in review just another month. So unless your new to the game, we all know this basic overview. So my point is, let them know from day one your documenting the process with this blog and will be filing a complaint with the appropriate regulatory bodies like the OCC.
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    Some contacts that may help some of you.
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    Walt Jackson 1-214-716-4749
    Undoubtebly he probably knows of this blog by now and certainly knows me. Well I believe he’s pretty high up with the Customer Affairs group and is the guy they assigned to follow up with me. He contaced me because of my letter to my congressman and the OCC. Might I suggest you give him a call and tell him your not going to be another BOA statistic to fall through the cracks. That you progress on your modification application and won’t tolerate continued games. Keep documenting your experiences and post them on this blog as it is being noticed. We have to band together behind John and fight for everyone’s rights here.
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    Before I end for the night, I did want to thank the congressman in my district, Rodney Frelinghysen and my contact at his office, Pamela Thieven for faciliting my investigation with the OCC. Unfortunately, my senator Menedez was of no use. I just received a form letter with his picture on it telling me how much he’s doing to help struggling americans keep their homes. Seems like he’s a little out of touch..wouldn’t you think.
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    I’m Brian Teets and I am Fighting Back!

  7. Mary Pauly says:

    Congratulations Brian,
    I hope they can show they really are helping people-like you, I applied in Feb 2009, all my documents went missing 2x, so far. I am now using email as a trail, and copying to my congressman and to my state representative the progress, or regress, as it has been so far-yes we would love to see evidence of Bank of America modifying the mortgages to 30% of the income, like they promised me in Feb 2009. You have my support.

  8. Judith Baillie says:

    Blonde joke????

    When I spoke to my “assigned negotiator” Paula Elder, in the office of the CEO and President, I told her I had filed a complaint with the OCC. She replied, Oh, what is the OCC?” I said, “You must be kidding. You are a senior counselor/negotiator with BAC and you don’t know who is the OCC?” Her reply…..”Oh, yes it is Our Office of Customer Care.” At that point I said to just forget the whole thing and I will send the second follow-up complaint to OCC today. I have not received a single call from BAC since that day.

    I also put a recorder on my phone to get proof of the lies and incompetence of these people but as soon as I announce it to them I get cut off. One person told me that I cannot tape them and that no one will speak with me if they know.

    I am Judith Baillie and I am Fighting Back and I support John Wright and Brian Teets.

  9. Nancy Frost says:

    Brian,

    I support your steps in getting your modification from BofA. I hope this Isela is from the BofA CEO Office. If not I suggest you get someone from the BofA CEO Office and make sure that person (Mine was Rebecca Bowles) to receive and assign you your Negotiator. Now don’t be surprised once you are given your Negotiator’s name that you’ll hear from him/her only once. You will have to push by calling Isela (from the CEO Office) to get that Negotiator to contact you. Keep on Mr. Brian Moynihan also, you may have to email him several times during your process.

    Best of luck and I support you and I Nancy Frost support the John Wright vs. Bank of America Lawsuit and I am fighting back!

  10. Way to go Brian and John. What would we have done without your strength and encouragement. My update is that they have agreed to redo my original loan modification that took 1 1/2 years and much mental anguish. I have tried to find out why $9,000 was being placed back to my principal balance and no one to this day can answer this question. After I filed my complaint, Tony Petsco called and said the would redo the modification. He called two days ago and said it was approved but had to go to another department before finalizing. Should take 2 to 3 weeks to complete. I asked what fees were going to be tacked back on to my balance, he stated $3,500 to $4.000. Now that makes my principal balance with the original $9,000 and the current $3 to $4 thousand back to the original purchase price. The economy has knocked my value down to $179,000, but I owe approx $214,000 now. Boy, am I still getting raped. Do I sign the new modification papers or not. I will remain strong and I am Brenda Shroyer and I am fighting back.

  11. Lauri Gordon says:

    Reading all of your stories and comments I wish you all Luck. I have mailed all my paperwork and correspondence to Tom Miller the Attorney General in Iowa which he should receive Monday provided he does not have the same paper trail problems Bank of America seems to have. Hoping he can work a program for me with my Attorney General in New Jersey. It is such a long battle (16 months now) with no help and I am getting tired. I am Lauri Gordon and I am fighting back! I believe in John Wright.

  12. Senka Huskic says:

    Good luck Brian!
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    I hope that your fight with BofA will be easier than ours. Every day we learn something new on John’s blog, so hopefully that will bring some people a step forward in the right direction.
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    We received the final modification agreement two days ago, and no, I’m not happy about that. That “agreement” is completely based on inaccurate information, beginning with BofA mistakes with our forbearance agreement, then applying wrong (of course, much higher) balance to our principal; ignoring the change in our financial situation since we first applied for the modification. I sent numerous letters to our Senators (MA), to the President, filed a complaint with OCC, with MA AG’s Office and here are the results:
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    Senators – their office replied with a form letter pretending that they will do something
    President – that letter initiated a call from HAMP Solution Center (Dallas, TX), and in the middle of their “investigation”, they just stopped responding, as if our case never existed
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    MA AG’s Office – again, nothing; they will just switch you to some other agency, so they can claim they did try to help
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    I have contacted legal services (recommended here) and their lawyer will write a letter to BofA asking for a different modification proposal. Today, BofA called again to confirm that we have received the package with finale modification. When I told Shannon (customer service rep) that we are not planning to sign this due to inaccurate information, and that our lawyer will contact them next week, line went silent for a couple of seconds. I then asked Shannon for her last name, and I got disconnected.
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    The only person who does care for us is John Wright.
    I could never imagine that we would be able to stand up to any bank and ask for our rights, ask for honesty and accountability, if it was not for him and piggybankblog.
    People who are paid to care and listen to their constituency are just pretending to do that, until next elections. Then, they will be out again with their promises, fake smiles and handshakes.
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    Until then, please do not disturb their endless meetings, their vacations, cocktail parties, their lives.

  13. Remember my friends sometimes you have to file for legal action to get BoA to comply to your request for a modification. It also helps to point out to BoA that if they fail to find a resolve that you intend to make sure they lose money for failing to help you to prevent a foreclosure.

  14. Brian says:

    On Friday afternoon at 3:15pm I left a message with Isela to confirm if she received the HAMP application and related documents. I’ll follow up on Monday and will report back with whatever updates. Someone had asked if the representative was was in the CEO’s office, no my communication indicates she’s with the Home Retention Division.
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    Gregory, I agree with your comment regarding legal action. Yes, I have retained counsel as an added measure.

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    This brings me to an important topic I wanted to mention. There is this organization called the “Hope for Homeowners” which serves to help facilitate the HAMP process with your bank. Well the people I spoke with were very friendly and appeared to be geniunely interested. However, when I realized the organization didn’t appear to offer much assistance, I asked, how is your organization funded? I was told, “We’re a not for profit”, and then I learned they are funded from the banking institutions, so of course BOA is there helping them out. You know thats just them being good corporate citizens. Does anyone see the conflict of interest here? That’s like having the mafia fund the casino commission and then to expect there wouldn’t be the criminal element in that industry. So I tell this story, because I also wasted my time dealing with that group. My opinion is that organization is a waste of time if others have had different experiences then please post.

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    I would also suggest everyone to file the petition John sent regarding the AG to investigat BOA and other large banks for mortgage fraud. This is a numbers game and as more people continue to stand up against fraud we can then hope to bring about reform.

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    On personal note, I’ve never taken on a cause like this before. I’m an average person who never was too involved in social or political causes. Just hard working and taking care of family. But there comes a time when you experience and observe how many others have experienced even greater injustices, that you have to stand up. I too have been a victim of allowing others to wage the fight for me. So my point is, this is a wake up call that we have to make our voices loud and clear that we are all in this together. It seems to me the OCC and the AG are on to these fraudulent mortgage practices, so as long as we have piggybankblog as a resource to document the fraud I would hope our lawmakers would have the tools and fortitude to address the situation.

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    After I confirm they have the documents, then there will be more to report as they are being processed and reviewed. I have other options I may be pursing but will wait a bit to see how things progress.

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    Thanks for all your support and I will continue my fight for all of you as best I can.

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    I am Brian Teets and I am Fighting Back.

  15. Sherry Hernandez says:

    Way to go, Brian. We are all anxious to follow your progress.

  16. gina la bier says:

    We have been trying to get help from B of A since last April. We have sent in three packets thus far and as of 12/15/10 have sent a packet to the Office of the Comptroller of the Currency Customer Assistance Group in TX stating lender is ignoring us. We will see where this gets us. I spoke with the customer advocacy department at the “Presidents” office and actually talked to someone who seemed to care. I this point I feel as though I am playing a very long game of poker.

  17. brian Teets says:

    12/20/10, 11:30am, Isela Guzman returned my call. Initially I was told she didn’t receive my documents by fax or the e-mail. However, after we ended up our call she called back immediately to let me know that she did have the documents in front of her. She indicated she didn’t want me to think they didn’t have them. I wonder if she realized that would make for an interesting posting on piggybank blog that my documents were MIA again.? Anyway, she was professional and seemed to be on top of things so I’ll give her credit for that.
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    She did request some additional information- 2 most recent bank statements and my 2009 Tax return which I will gladly scan and send tomorrow. Of course this has already been sent numerous times, but this is a clean slate case study so we’ll see where it goes. I was a little confused that she indicated someone else was working on my file, who she did figure out was an Elizabeth Enriques. Anyway, she indicated I was to continue working directly with her.
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    In my case, many of the representatives I have spoken with have been friendly and appeared to offer assistance. I suspect more of the issue is poor training and inept management so these folks are just running around in circles. Perhaps many of these representatives realize how disgraceful their company is, so I would welcome any of them to feel free to use any part of this blog as your ability to vent your frustrations with BOA.
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    I’ll be keeping my eye to see if the AG’s in other parts of the country follow “suit” with AZ and NV. I hope the AG in my state of NJ will also investigate BOA for mortgage fraud and hold this organization and others like it to be held to account.
    12/21/00 1:00pm

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    I scanned the documents to Isela Guzman that was requested. I love to scan it as it’s a clean trail of when and who the documents were sent to. It ‘s interesting how we are all told that all documents need to be scanned once they are faxed to some central processing place, last time I heard in Colorado somewhere. And when I had asked if I could scan the documents and e-mail, I was told that wasn’t possible. We all of course know why, because it’s easy to say a fax got lost but you can’t really lie that you didn’t get and open an e-mail.
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    I noticed this morning on my way to work, that the corporate citizen of the year, BOA, is being told to halt all foreclosures in the state of NJ. I haven’t had a chance to get the full details of it yet, but my understanding is because of “robo signing” foreclosures so naturally there is a concern about the level of competence and due diligence assigned to the foreclosure process. How dispacable to foreclose on someone without careful analysis. No you can’t say it’s a paperwork mix up. Stealing someone’s house most likely will have a permanent effect on their life, so it’s time they own up to your unethical behavior.
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    I’ll update later this week when I have an update on my documents.

  18. BRIAN says:

    Good evening my friends fighting back against Bank of Abusing Americans,

    Well, below, you can see I received an e-mail response from my BOA representative that they have received my additional documents they requested. So we have however many thousands of people who come on the site can see that it has been verified that the following documents have been submitted and have been verified as having been received- RMA Form, 4506T,& HOA Statement, 2 recent paychecks, utility bill,2009 Federal & State Tax return with w2′s, and 2 most recent bank statements). I also have the e-mails with the scaned documents saved along with the confirmation the e-mail was opened by Isela. So I believe I have made a positive impact in the second stage of the game. Every veteran knows stage one is defering you with games as far as qualifications to even complete the HAMP request. The Second stage of the game is losing repeatedly and faxing the same documents over and over and over. So as Isela Guzman at BOA has them now, the only logical thing to be asked from now should be paystubs and bank statements if the application is pending longer than a month.

    So the application is on it’s way to the HMA program. After the holidays, I’ll post on my follow up with Isela. I’m willing to give a month for this to be processed, but anytime longer or if I get an imbesall to ask me for the same above referenced documents, then phase two of the Brian Teets experiement will be implemented. That will be contacting every senator and congressman and writing the major newspapers with my story and with reference to others as noted on Piggybankblog.com.

    It’s easy to feel very down especially this time of the year when we have financial challenges and without knowing if are house will be stolen from us, but although I’ve had to fight a battle against BOA and felt worn down from time to time, this blog and the inspiration like great people like John Wright has energized and given me great faith of the power of every citizen to fight back.

    Wishing you all a Merry Christmas and Happy Holidays. Until next year, I AM Brian Teets AND I AM FIGHTING BACK!

    Brian

    ************************

    RE: Loan xxxxxxx- Additional documents request.- BOA Case Study ExperimentThursday, December 23, 2010 12:13 PMFrom: “Guzman, Isela” Add sender to ContactsTo: “brian teets” Message contains attachments1 File (3KB)image001.gifGood morning Mr. Teets

    I did receive your fax and your file will be forward to be reviewed under MHA Program.

    If you have any questions, please contact me at 800.695.7281 x2935.

    Thank you and have a great Holiday Season.

    Isela Guzman
    Senior Operations Analyst
    Home Retention Division
    (PH) 800-695-7281 ext 2935

    (FX) 312-453-4131

  19. Senka says:

    Brian,
    Any updates on your “case’?

  20. brian says:

    I was informed by Elizabeth Enrique that all my documents have been received and have been forwarded to the Home Modification Program for review. I also received a fedex, indicating the same. The letter indicated, “within 30 days, you will hear from us about your eligibility for aloan modification. We will give you one of these three responses..
    1) you are accepted into the program with instructions on how to proceed
    2)You are declined from the program, but we may have other option to help you avoid foreclosure
    3) We need more information from you to make our decision.

    So hopefully I’m in option 1. I’ll keep you all posted, since my publicity on piggybank blog and contacting my various government officials, I do see some degree of professionalism and competance.

  21. Tammy Stein says:

    Hi Brian
    I got four copies of that very same letter myself! That was before I got the letter telling me we were ineligible due to negitive NVP. So don’t be surprised if/when you get THAT letter.

  22. Christy Chittick says:

    Brian, we have also been going through the same thing. Almost identical to your situation. We received our letter that we were in final stages and would know within 30 days on Dec 24th. We contacted BOA today, and they said it could take up to 90 days. Then why send out the letter. They said it was a goal they were aiming for. Looking forward to see how it goes for you.

  23. brian says:

    Hi Christy,
    Thanks for your support. So how long has Bank of Abusing Americans put you through the run around, it’s been over a year for me now. Only after I filed my complaint with the OCC and wrote my legislative representatives, they did stop with the foreclosure harrassment and sending inspectors to my property. I’m not sure if your, experiencing the same situation. In case you have done so already you need to do the following:
    E-mail your congress and senate representatives with your situation
    File a complaint with Fannie Mae or Freddie Mac (John has a link on here to determine which provider you might have)
    E-mail the senate banking committe
    E-mail the Secretary of the Treasury
    When you get your case from the OCC and response from your representatives, then e-mail Brian Moynihan, CEO of BOA, your situation.
    You will get a response from the CEO’s office or one of their PR people, and they will at least stop the game of sending the same documents in and will suspend collections activities. I was told it would take no more than 30 days, so I hope they don’t try the same with me.
    Thanks again and keep us posted how you are doing.

  24. brian says:

    As Bank of America blew the promised date I would be provided some course of information on my modification, I realized it the was the usual games which have occured over the past year. Additionally, as I never received any response from the CEO of Bank of America which details of how BOA has taken meaningful steps to address the defrauding of America, I did finally decide to bite the bullet and retain an attorney. Thanks to Laurie Thomas for refering the Denbeaux Law Firm. I wish I had done this sooner as this is a class act law firm very well versed in the criminal actions of mortgage companies such as Bank of Abusing America. I may have been laying low, but like John I’m back and ready to fight back.
    I am Brian Teets and I am Fighting Back!

  25. Toor says:

    I was gainfully employed in the mortgage industry before the housing bust. So I have some knowledge of how to submit documents for a mortgage loan. Currently, I am self employed and applied for the HAMP program on November 28, 2010. I assumed the process was going well – because I followed all the directions on the application. I received a phone call two weeks after I submitted my HAMP application from a B of A processor. She was requesting a statement from my HOA detailing my monthly fees. I sent the statement within a couple of days. I called to follow-up with my application with the processor; she stated I will receive a letter from FedEx within 45 – 60 days with a decision. As promised, by the processor I did receive the FedEx package and I was excited – I thought to myself the process seemed very smooth and no hassle. I open the package and it stated I was declined due to my income was greater than 31% of my mortgage, taxes, property insurance and HOA fees. I was perplexed and read the small print on the letter. I could not believe in error they had DOUBLE my self-employed income. I immediately called B of A and was told I could appeal the declined. The phone rep requested another 4506-T, tax returns and P&L statements. I called B of A to follow-up on my appeal two days later and was told I was declined again. Then I ask to speak with a supervisor and she stated my appeal was still in process.

    As I said in the beginning I have mortgage industry experience but I was not prepared for the miscommunication that continues to happen at B of A. I called B of A today and the phone rep said my HAMP appeal was approved. Also, I was told to call back in 2 – 3 weeks to follow-up.

    My suggestion is to call B of A every two days to stay on top on the process and record your phone calls.

    I will keep you posted as this saga unfolds.

  26. brian says:

    Hi Toor,
    Well seems like you are going through the similiar experiences. First, let me give you some advice. Stop calling the general BOA line, you need to develop a single point of contact. For me that only happened when I wrote a letter to the CEO of Bank of America, Brian Moynihan, while copying my congressman detailing my similiar experiences of incompetance.
    Also, try giving this guy a call, Walt Jackson 1-214-716-4749 and tell him your getting the run around. He works for BOA and was assigned to helping me out initially.

    But if you doing like everyone else is which is just getting the next BOA idiot on the phone, you’ll never get anywhere. Tell them you want a direct point of contact. Good luck, Brian

  27. Nancy Frost says:

    Brian, I hope your modification is one that BofA is really helping you with. Watch the three month period and be ready for anything. Make copies of everyting they send you for signing and be sure to copy your notary papers too. You will not get a copy back from BofA ever! You can ask and ask for your copy but you just won’t get it. The modification papers is really a paper just about. It says very little and some paragraphs are questionable. Get Legal advice if you feel something is fishy with the papers. I wish you all the best and keep documenting even afterwards, you’ll be surprised what BofA will do after your modification has been filed. Be sure to play the game and play it well my friend.

  28. Nancy Frost says:

    Brian,

    I hope all is well, just wanted to tell you our blog is back on recording the latest with BofA. In sort, BofA after finalizing our modification is now saying after 5 mos that we do not qualify for any modification program. They are holding off foreclosing until they hear from us March 16th. We have Brookstone Law contacted and setting up our appointment date.

    Just more info for you for your journey.

    All the best! The Frost’s!

  29. brian says:

    Hi Nancy,

    Thanks for the updates! I was trying to find your blog and couldn’t locate it. Anyway, that makes me concerned that I have a false sense of security with these thieves. I’m curious why did they say you didn’t qualify. I’m employed now and my loan originated with Countrywide, which is like BOA’s illigimitate child that’s the worst of the worst, so I was thinking they would push me along. I just don’t know what to expect. But I’ll play the game. Let me know how things go with Brookstone as I may need to retain counsel if they play these games with me as well. Thanks and all the best to you as well. Brian

  30. Lori says:

    Brian and John,

    I agree with you 100% and Im in your same shoes. I have been part of this mess with BOA for almost 2 yrs now. I live in MI and after my 15th lost fax and denied a mod I recieved forclouser or short sale docs today. I do not have a sale date as of yet. I want to stay in my home. I have jumped every asked with saying I have your docs to you are denied because you had missing docs. Started this disaster with the trial payments a yr ago wih no mod set in place. Im not sure what to do who to write in MI,will it even matter at this poin It. I called today and they advised I resend docs to see if I qualify for a reg mod? Im sure I know the outcome of this. Is it to late? Can I still list my home for sale at this point? I owe less then its worth this is a horriable situations-

  31. brian says:

    Hi Lori,
    You don’t have the luxury of time to go the other routes, so at this point you need a good lawyer. I can recommend one in NJ where I’m from, Josh Denbeax at 201-664-8855. How much more equity do you think you have above your mortgage? That will make a big determination if you want to go the legal route that Josh explained to me.
    Good luck and you know now you can’t trust what these vultures at BOA will tell you. Brian

  32. Brian Teets says:

    Hi All,
    Just thought I’d update that I have successfully completed my three month trial period and have made my payments on time. During my research, I learned more the way the game is further continued is many instances borrowers are told to continue to remit their payments until BOA confirms with them if they have received “permanent” modification. So as you all could clearly see to my surprise (insert sarcasm), many individuals continue their reduced payments as agreed in some instances for a year and half or more, and then the rug is pulled out under them. There never is an intent to do the permanent modification obviously, just an opportunity to squeeze a little more out of the homeowner adhering to their end of the deal.

    So to be preemptive, I notifed my BOA contact, Essella Guzman, how I plan to pursue this. I stated I will make my June and July payment per the agreement. If there is no “permanent” decision by June 30th, I’ll begin remitting my payments in escrow to my attorney. It’s close to 1.5 years of attempting to get permanently modified, so BOA has had ample time to make a decision. So of course, if they decide to not comply on their part of the bargain then I’ll instruct the attorney not to disburse the funds. Of course if they do comply with their side of the bargain, then I’ll remit the funds to them.

    Putting the money in escrow which BOA will get monthly updates, provides verification I am acting in good faith.

    I’ll continue to update as things progress.

    I am Brian Teets and I am fighting back!

  33. Renoira says:

    Brian,

    I was just checking your progress since I was aware your 3 months have now been completed. One of the “tricks” of modification is to tack the difference between the modification amount and your previous payment onto the end of the loan, then tell you that you do not qualify and you must now pay all past due amounts.

    This is how they tell the government that so many of us do not qualify. So keep your eyes open and keep doing the good job you are doing. I am anxious for all of our sakes to see if they act in good faith on this.

    Thank you for your experiment.

    Sherry

  34. KJ says:

    I successfully received a final HAMP loan modification which started March 1, 2012.

    The process was long, very very long and filled with just complete stupidity it is worth noting on how I did it.

    First, anyone considering applying for a HAMP mod you MUST read the HAMP guidelines completely to see if you qualify. Losing a job does not qualify for HAMP unless you have another source of income, say a spouse, tenant, side business, etc.

    Assuming you qualify, meaning your monthly income total, take 31% for total PITI, then factor in what a loan would be, P&I only using your loan balance and an interest rate of 2% and timeframe of 40 years. If that falls into the 31% of gross income then you have a good chance qualifying.

    Rules I followed to win:
    1. Never, every believe the bank “words”. You are talking to minimum wage employees that are thankful they have a job and they are NOT trained or educated in any real estate law. Question everything and get a 2nd opinion.

    2. Follow up often, become the “squeeky wheel that gets greesed”….waiting months to follow up will just waste time.

    3. Any “disqualification” of a loan mod should be questioned and appealed immediately.

    4. Contact the OCC and best help is HAMP solutions which is a division of Fannie Mae. They know what is going on and they are very professional, knowledgable and can provide some assistance with the BS process.

    5. Feel free to deal with the “Office of the President” which is a nice name but instead of getting the low paying employee, you get the $15/hr employee who can read. Limited success but that department offers the feeling of something being accomplished. Do not expect much but go through the process.

    6. After some time with the process, get on board with your local congressman. This will help.

    7. Sign up for a local housing authority help. Each county has a free service that will provide you with an advocate that deals with the bank regarding MHA program.

    It is a long process and one has to ask themselves this important question. Is my home worth keeping? Can you afford the payments or is it best to move and rent? Sometimes it is best to let go, other times stay.

    Hope this helps someone!

    Please do not believe anything from any bank, in writing or not unless it is certified mail or from FedEx. HAMP is run like the federal government, slow, illogical, setup to fail and has a process that is designed for the best interest of the bank, not the customer. Trust no one!\

    Good luck!

  35. KJ says:

    Side note I forgot to mention.

    Banks feel and think MOST (98.9%) of customers are stupid, ignorant and can not ad.

    Banks believe they are doing you a favor and it is ‘YOUR MORAL OBLIGATION TO PAY THEM”.

    Banks believe they can mention a few words like “Foreclosure, loan in arrears, judgements and lawyers” and scare you, which is their intent. If you can do a HAMP modifcation and REMOVE emotions from this “financial transaction” you will be best served.

    Never argue with a stupid person! That is a golden rule unless one is really stupid.

    A major Bank does not care about anything other than MONEY. Keep that in mind because telling the bank about your feelings, the lost job, medical issues, a death in the family and so forth, IT DOES NOT MATTER TO THE BANK….sorry to say that but it is very true.

    Good luck!

  36. Peg says:

    Kudos for this blog – we found it by accident really in that my other half thought he was calling the HOPE line and well when we never got any promised paperwork i googled the number he called and it went here.
    We are trying again for the 2nd time and it is an absolute nightmare yes. We have considerable equity, and I feel BOA is only trying to steal it and double dip because we are an FHA loan so if foreclosed they would really profit off us.
    Our problem started because it was actually BAC/BOA servicing that messed up a direct debit autopay that had been in place for 4years without a problem. At a point after that I had to move ONE of those autopays by ONE WEEK only (gave a check by phone for it) and they were to continue on with the next and all subsequent auto debits auto pays as normal. 6 months later when calls started we found it didn’t happen (yes my fault for not looking at bank statements but in my defense our budget was so tight I knew what we had each week and what I spent and felt didn’t need to- hey it had been working all this time till now). tried to fix it and rep checked and said oh never mind it is in escrow you are fine. But really we weren’t because it was actually half month behind now instead of being deducted a month ahead of time to be paid on time on the 1st each month. Another call and try to fix another check by phone, and another autopay glitched. It seems their system did not understand anything extra that came in besides what it was suppose to do. In order for their auto pay program to work, one must be ahead of the game so that the deductions will work for you for your coming due mortgage payment. Once this had been glitched up twice (by them!) there was no way for us to throw that in essence extra payment at them to continue a proper autopay experience and the more we tried to fix it the worse it got. I told them if you would just move this mess up to the end and continue with our autopays, it would fix this very simply and we would no longer be behind. They said that was a loan mod and they just couldn’t do that and apologized for their mistake blah blah blah. We were down on employment (from both of us to one of us) and although a tight budget with no room for error we were making our payments till this happened in otherwords we could simply not afford this mistake at this time. All they offered was to split the past due over 3 months to be included in with the current payment – I needed 6 months because the amount would of been too high to do. They said no they only do 3. I needed to get back to work, but at this time then we had family falling ill, dieing, etc and since not working they called on me to help them and I did becoming instead a caregiver, personal assistant tho without pay. We kept trying to get over the hump and just couldn’t and were making payment, albeit they were late. paid weekly, we budget weekly, they return any sort of partial pmt, (unless on their auto pay program) and of course there are utilities in between wanting theirs and sometimes theirs was double the norm due to heat or cold extremes we hadn’t seen in years. They also were sending checks/returning pmts for their fee to pay online ($5 checks) and any late fees I included because those small amounts of course don’t equal the loan payment – absolutely confusing and another glitch in their system the computer program does not know how to deal with.
    Now flash forward to 1st mod – months of paperwork, seemed to go okay until I started catching some lying or hidden resolves going on – one being reps acting like we were in a trial mod with lower payment (Nope never got told that, never got paperwork for that-oh they would say hold a momemt please and come back on to change the story to its all pending), the usual got paperwork to did you fax the paperwork let me check on that thing. In the final of this 1st try, it came down to a lien and they needed to verify that. they must of been verifying something because they had more info than I as far as lien number. Ok what they wanted was a paper showing the monthly payment plan was going towards this specific lien number and the balance. I thought no problem I sent the info. The rep says they still cannot verify the lien. I don’t know what more I can give you to do that I said- the irs gives what they give. My rep (poc which is actually their debt coll dept that once you have one you will be routed to no matter what number within BOA you try to call period – at times very frustrating when you need a person within the bank if even to make a pmt) so My rep states underwriting needs a paper with the info as stated above (#,pmt,bal) all on one piece of paper. I call irs, they provide the info but not in the manner the BOA wants which by now I am thinking is a ridiculous stall tactic because like all on here – they do not want to do a MOD. so in the end (oct 2012) they denied us saying we did not send in the documents. Our rep said if we got a better paper showing this info to just fax it and advise and they will re-open this case. Another falsehood they did not do so. We did not realize until too late about apealing – we just shut down with the process exhausted mentally and physically about it and once again tried to fix it ourselves. It is too hard we are now 2 months behind, with roadblocks all the way still. The last payment I made, the rep said I could do this online since file closed. I advised I could not do so as I was still blocked from that as well as still blocked from reaching any other human at BOA other than who their phone system routed me to within their collection dept no matter if I put in my loan number, address, ssn, phone whatever – it didn’t matter. He took pmt, didn’t charge the fee (so i was told – i am sure its probably added to my account somewhere)
    So my fellow BOA victims, we are trying this again I went thru the correct HOPE line to start it this time, atleast it puts another person on the line to if anything verify what BOA is saying to me etc. Right out of the gate yesterday, I was lied to by a Maria who answered our conference call in to get this started. no surprise. I was to be transferred to The rep(a person in charge of my account – already? a poc) they stated was 1) just getting back from lunch hold a moment, to 2) she is answering my communication about what exactly is needed to verify this lien thing ( i don’t know how- email or instant message? to 3) now on phone hold a moment to 4) she will call you back – yes still today within a few minutes.
    she never did. I called back in routed to that debt dept to give the financials to qualify for this mod per their requirements they want it that way instead of what our HOPE person sent over to them. I got another person, told her the issue, who then said well Rachel (my poc) is not even in today and hasn’t been. Interesting. explains why i really never got a call back from her then.
    Got conflicting information on a form 4506 and what address for BOA to use and what years they want. So I call in and finally get to the voicemail of my supposed rep/poc, and left a message that i need the correct info to put in this page so I can fax my docs over for this mod process. As of 2pm today yet no call back from her. I am hoping for the best and in the mean time will try to catch up these pmts because I know they will just forward all to foreclosure – thats their intent to begin with i am pretty sure. Frankly if i can get these past caught up or a simple move to end of note and start up that autopay like we had before they messed it up – we will be okay, but they don’t want us to be okay and are fighting this simple solution. The other problem is they use GROSS instead of NET – no wonder we all barely qualify for a mod, its the NET we have to work with not the Gross and i wish that were a revision to this program to help people as well! for us it would make a difference of a lil over $200 in our pmt as opposed to maybe $40.
    Good Luck all hope all fighting BOA can make a difference and win for a change.

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