Guntersville, Alabama
Not resolved
15 comments

I have a horror story to add to the hundreds that are already on this site. My husband and I got behind by one month on our mortgage in 2009, right before Bank of America started servicing our loan. By May 28, 2009 BAC had already sent us a foreclosure letter, informing us we were five payments behind instead of just one. A week later, we get a letter from their foreclosure mill here in Alabama they use, Sirote and Permutt. We immediately started to try to work with BAC to figure out how to qualify us for a loan modification. They took my husbands and my financial information over the telephon (gross pay, how much savings we had, what our bills total, etc), and put us on hold for 10 minutes. the guy come back and said we were pre-approved, and to type up a hardship letter, gather up copies of our bills, monthly expenses, two months worth of bank statements, 2 years IRS tax return filings and fax them to the attention of BAC's 'Hope Dept.". Well, they got the demanded paperwork next day. It took them almost 3 weeks before they scanned all the docs into the system.

We waited, and were told that the foreclosure would be postponed while we were in the modification process, but that collection activity would ensue. We were also instructed at this time to NOT send in any money, as this would only "mess up" the modification process. It took BAC two months before they finally approved us outright in July 2009. We got a call on July 25, 2009 from a BAC rep who informed us that our final loan modification docs were in the mail to us. We had 10 days to sign/notarize them, and return the documents with "good faith funds" in the amount of $877. We were told we had to send those funds via money order or cashiers check. They got a cashiers check and their notarized docs back in 2 days. This so called "LOAN MOD" was a mere repay plan in disguise. It kept us at our current interest rate of 7.5%, hiked our monthly payments up from $859.19 to $938.17, and tacked 2 years onto the back end of our mortgage.

Our first mortgage payment of $938.17 was to be Sept. 2009. They got it, as did they the payments for the remainder of the year. If we were past the 15th in sending it, I tacked on a $50 late charge to the payment. We cant help but notice that all this time our mortgage statements are getting higher and higher, and we now have property taxes and homeowners being escrowed (nothing on this loan is to be escrowed, period). We now owe over $14,000 in past due payments, $1500 in late fees, and another astronomical amount in "uncollected costs". When I called in to check on this, I got told "well, your loan is in the closing dept. so any day the mortgage statement will change, just keep making your payments in accordance with the loan mod agreement". Okay, we do just that all the way up through April 2010.

In April 2010 we get a phone call from a lady at BAC, saying she needs updated financial information. She took, over the phone, our gross incomes, all the bills total, how much we had in savings, our monthly expenses, etc. At the end of ALL this, she says "oh, by the way, the workout negotiator needs you to send in a new hardship letter, copies of your last 2 bank statements, your pay stubs, your last 2 years tax filings, and copies of your bills." I told her, flat out, if the workout negotiator needed all new information, he/she could ask for it by letter, we would not send it in unless we were formally asked for it by written request (boy they hate this) and listed exactly WHY they needed the same information again. Well, I'm here to say, that letter never came, so we kept making our monthly loan mod payments up through the end of July 2010.

I called in on August 3, 2010 because our mortgage statements had not changed to reflect the loan mod pricing, but now showed us being close to $16,000.00 in past due, with late fees over $2,000.00 and an escrow deficiency of $4487. I was told on that day that the computer system showed our workout was "closed" and the modification had been "cancelled". Cancelled, just like that, after receiving an entire year's worth of payments, with no notification other than me finding out the hard way. they never sent out a letter stating why.

The first thing they do is transfer you, the second you start complaining, to the Advocacy Dept. The Advocacy dept. does nothing except hold your hand while you lose your home. From August 2010 up through December 2010, BAC received from us anywhere from $1800-$2200 per month to try and get us caught up since they had just up and cancelled out from underneath us. The Advocacy dept. had, on our behalf, done more "escalations" to supervisors regarding this account than i could count on two sets of hands (there are, literally, 20 escalations plus). Each time they do an escalation, you have to wait 7-14 days for a response, if you get one at all. We never got a single response to ANY of the escalations BAC did on our account.

BAC also started doing collections calls from 800-669-0102(which oddly enough is the phone number for their Home Retention Team). We got anywhere from 3-8 calls per day, 7 days a week, sometimes two at once! They were also sending us Notice of Intent to Accelerate every month from August 2010 through December 2010. We would pay $1800 one month, and the next month the Notice of Intent would only show where they had dropped the amount due by $300. Would love to know exactly where that money went to. Probably into their "fees due" account to draw interest BAC gets to keep, cuz you know you're for *** sure not getting it!

January 2011 I make a $2000 payment. BAC cashes it. Jan 31, 2011 I call in to set up payment arrangements, because I knew we couldn't keep going on this way, riding out Notices of Intent from month to month, getting nowhere with BAC. A lady named C@#$y helped me, and asked exactly how much we could put forward, in good faith, to secure the payment arrangements (here we go again with the good faith bologna). I told her we would put forth $2000.00. She said they could work with that, and said that we would need to make 5 additional payments of $2653.00 to get current by July 5, 2011. She took my checking account information over the phone, huffed and puffed and couldn't get it to go through. She says "I'm sorry, I'm having computer issues, I will have to take your number and call you back." Well, I waited 7 hours for her to call back, she never did.

I had to call them back and got a different representative. I asked him if he would set up the payment plan that C@$#y said she'd set us up on. This guy was zero help...he said he wouldn't do it because the lady had put a note in the system saying she did try to call back, but got no answer. She would try back at a later date/time. He didn't want to "step on her toes" and redo anything she may or may not have done.

I also asked him about why the loan modification was cancelled, or what may have happened. He discovered that 12 payments were being held in a fees due account, and had yet to be posted to the account. Two payments that I had made, they also never had posted as receiving them, but the checks had cleared my bank. This guy finds a note, dated for 12/14/09 that says, from their closing dept "work out negotiator to resend loan mod docs to customer. error on original documents. resend updated loan mod to customer asap." Well, folks, that updated mod never left their building!!

And do you think for 5 seconds anyone bothered to apologize and try to rectify the situation? Nope! We got told to try and reapply for another loan mod, because this issue was "dead".

We waited 4 days to see if C@#$y would call us back to finish setting up the repay plan. She never did. I got tired of their *** and mailed in a $2800 payment. So, you would think this would have more than fulfilled my obligation under the repayment structure? Nope!!! Feb. 28, 2011, BAC decides to foreclose on our home! Didn't send us a letter, not a phone call, nada!

We have hired legal representation to fight BAC. However, our story continues. BAC is refusing to acknowledge our legal counsel, because they are saying that the signatures that they have on our "original" loan documents DO NOT MATCH what the attorneys faxed over to them to have authorization on our account!! These dumb butts have actually gone out on that wobbly limb and mailed us a letter stating just that. Well, if the signatures don't match, then we got a BIG problem!

Its been 30 days since we hired our legal counsel, and BAC has yet to release any of the documentation our attorneys have demanded. My husband and I had to go out of our way to type up a formal letter advising BAC that we had in fact hired these attorneys, and that their delay tactic regarding this matter would not be tolerated. WE had it notarized and had our attorneys fax it to BAC, along with yet another demand letter from the legal firm. That was last week, we are still waiting on a response.

The kicker to this whole deal is, BAC told us Sirote and Permutt out of Birmingham, AL have our account for foreclosure. I have been in contact with Sirote since 2/28/11, and they don't have the file yet. It didn't take them 7 days last time to send us a letter of foreclosure. It's been a month now, and we still dont have anything from Sirote. I am wondering what the hold up could possibly be? Can't obtain a clean title? Forged loan documents? Hmmm, one can only speculate until BAC releases the documents for the attorneys to review.

BAC is also still doing collection calls, even though we have informed them that we have hired legal counsel. We even changed our voicemail greeting to inform them who our attorneys are, and give them the contact number. They are also informed on that message that we will no longer accept their collection calls. They don't care, they still call 3-6 times a day, 7 days a week. And, when they do decide to leave a message, it's an automated one of which we only get the same half of every single time.

My attorneys would love to be able to prove a pattern of behavior against BAC. I am in dire need of people who are willing to come forward and give a written testimonial of their horror story, and have it notarized, for us to use in court. In return, I am willing to do the same thing for anyone, just for the asking. If we stand together and help one another, we can surely deliver a powerful blow! If you are interested in helping me, and I you, please feel free to contact me at dory@ohiostreet.com or by phone at 256-486-8085. Thank you.

Product or Service Mentioned: Bank Of America Loan Modification.

Do You Have Something To Say ?
Write a review

Comments

You will be automatically registered on our site. Username and password will be sent to you via email.
Post Comment
Anonymous
#493374

As a former BAC employee, I agree that things are messed up there. I was terminated in 2010 due to not handling enough calls. I took the time to try to help & it bit me in the butt.

Anonymous
#465679

I have one for you. We have a modification, it was made permanent in sept 2011, we had made our first modification payment on July 2011.

We have been in good standing, our monthy statements look normal and we make our payment over the phone every month to a live rep. So a week ago we get a notice of trustee sale on our door. we call B of A and they say they don't show a sale date and we are current, our house is safe. We cal the trustee QLS (Quality Loan Service) thy inform us that B of A has not updated the LPS to show we are current.

The LPS is B of A's system and they can't connect me to anyone who is authorized to access it. So we go and see an attorney because we are being kept in the customer service pool where they can't help us but transfer us to another dept who can't help us until I got transferred back to the original dept that took my call in the first place.

so we see a lawyer and to retain him is $5,000 and he is just going to hound the higher ups in the bank until they give in, so he suggested that we do that, the second option was to file an injunction to stop the sale, which will occur in 2 weeks, but that will cost $7,500. Since we can't afford an attorney we have to cross our fingers and try to get the bank to fix the mistake that they can't see needs to be fixed because all that our loan shows is that we are current and not in default.........So why then is our house going to be sold!!!!

Anonymous
#334028

I will add this to my lengthy post....go to your county records office, land records office, and every other office in your county/state that holds public records on mortgages, land, etc. Find out what has been filed on your property.

Many states have their land records online now. Do your research!!! Look in particular for Assignment of Mortgage documents, Lost Note affadavits, and check your tax records to see if the SERVICER has put the taxes into THEIR name. Check the dates on these documents very carefully.

Compare the signatures attached to each document. In some cases, if not many, you will find that signatures do not match, dates don't add up, and documents were filed AFTER foreclosure proceedings already began on your home. And if MERS was listed as Mortgagee or Nominee on your mortgage, well, we all know now that MERS doesn't have the legal right to foreclose on anything! They never lent you a dime, have no official interest in your property, and there is plenty of good case law out there for the world to see that can back this statement up.

Most of the time you will find, at your county office or land records office, that an Assignment of Mortgage was filed, by an "officer" of MERS, that was filed AFTER your foreclosure began. Folks, this is a huge, colossal NO NO! An Assignment of Mortgage should have been filed on every single property, when Bank of America obtained the rights and interest to the property, but never was. A majority of the time BofA had the foreclosure attorneys to draft these documents, as officers of MERS, vesting over to BofA all title and interst to your Note and Security Instrument, and here's the kicker...the first three words on the Assignment of Mortgage read "For Value Received".

What value? Filing an Assignment of Mortgage after foreclosure proceedings have begun is against the law, as a few good ppl have posted on here. Most of the time you will find that absolutely NO assignment of mortgage was ever filed, before foreclosure or after. And we all know, through watching the cases being fought in our judicial system, that MERS doesn't have the legal right to foreclose on ANYthing!

They never lent you a dime, nor do they reap any profit from foreclosing on your home. MERS officials have been asking Servicers and Lenders to stop foreclosing in their name now for many months.

So, if an assignment of mortgage HAS been filed, and it reads "For Value Received...", exactly WHAT VALUE did MERS receive for signing your property over, after foreclosure proceedings began? The world may never know!

Anonymous
#334026

Thank you for everyone who has commented on my post.

Bank of America and every other bank have proven, many times over, that loan modifications do not work!

Modifying a loan is only a stall tactic, on their way to taking your home. We all know they have filed fraudulent paperwork, have used Robo-signers such as LPS and their company du-jour DocX out of Alpharetta, GA to dupe homeowners into thinking that the paperwork is real. They lose loan modification paperwork time and time again. They stall the homeowner for months, and then file foreclosure anyway.

This is wrong folks!!!!The fact of the matter is, this is one of the biggest ponzi schemes America has ever seen. The funds for your so called loans never made it to a "trust", servicers are collecting payments and aren't authorized to do so under a Pooling and Servicing agreement (PSA)that probably never existed due to funds not making it into a Trust, and your reported "lender" really isn't your true lender. Can anyone say RACKETEERING? I have been fighting the battle with this bank, and one of the things I have found out is you CANNOT track the paperwork, but instead follow every single transaction!!!

Follow the money ppl! Demand to see a full account of your payment history, and demand from the bank or servicer to see an account ledger of how your payments are applied and to whom they send those payments to!!! Does the servicer keep the funds? If they do...woah nelly!

They are your lender! Not Freddie Mac, not Fannie Mae, not another pretender lender! People, I am not giving up my home without a fight. I don't care how long it takes.

What these banks and servicers are doing to people is morally and ethically wrong, and if we, as homeowners, roll over and take the punches, we are submitting to the fraud, racketeering, and every other charge that these banks are accountable for. One of the other very important things you can do to put the ball back into their court is to DEMAND TO SEE THE ORIGINAL WET INK NOTE TO YOUR HOME!!!!! Write yourselves a nice letter, demanding for the servicer, and any other entity claiming to hold interest to the Note and Security Instrument, to cough it up and let you see it!!!The servicer must comply, within 60 days of qualified written request, and they have to put your lender or your debtor in these cases on point. Most of the time you will find out that your original wet ink note is lost or conveniently "misplaced".

Allowing the Note and Security Instrument (your Note and Mortgage to be more specific) to become separated, in some states, makes your debt null and void. The wording is there, for the world to see, in your Security Instrument. The two cannot be separated, and if they are, your debt is nullified. Lastly, the servicer nor the "pretender lender" cannot foreclose on something they do not possess a NOTE to.

Let them try, especially if you have obtained written notification from your servicer and your "lender" that they cannot provide or do not possess your original wet ink note. You can haul their *** into court and sue them for SLANDER OF TITLE, among other violations (I'm thinking RESPA, TILA, RICO, detrimental reliance, TCPA, FDCPA and a few other choice violations). Go after these banks, and do it big! One person, pointing the finger, won't do anything.

But if we as homeowners ball up our fists and fight, we can and will strike a mighty blow!!! If enough homeonwers stand up for what is right and just in this country, these banks will fall, one by one.

The sad reality is that only 5% of foreclosures are contested in this country. Don't walk away from your American Dream...

Anonymous
#333940

As some who went through a similar situation and dealings with BofA, I can assure you in the end, no matter how many calls you make, or how much money you send in, the result will be the same, they will eventually foreclose on your home. For those who hire legal counsel thinking it will help, unless your claiming bankruptcy, you are just delaying the inevitable.

The realty is, you need to try and sell your home or just walk away from it. Not trying to be negative, but thats the way it is and has been for those trying to get loan remods from BofA and many other banks.

Anonymous
#327366

Nobody gets approved for this LOAN MOD. Get out while you can !!!

You will lose your home and your savings !!!

This is a HUGE gov. scam and BAC is taking full advantage if it !!!

Anonymous
#316520

After Bank of America took over some of the Countrywide Mortgage loans (mine included), BY LAW they were supposed to file a signed and notorized ASSIGNMENT OF MORTGAGE with the local county Recorder of Deeds office. This document would prove that Bank of America is the LEGAL "note holder" but they have not done this.

I've gone through the Recorder of Deeds office and Bank of America has not filed anything saying they are the legal note holder of my mortgage. Bank of America is completely out of control and their business practices are questionable.

I can't wait to get my house sold and out from under them. I will NEVER do any business with Bank of America.

Anonymous
#301971

Did You get denied for Home Modification ?

Are You In Foreclosure ?

Are You Behind on Your Mortgage ?

If you have fallen behind on your mortgage as a result of a loss of income

and can't refinance your mortage due to loan to value issues, I can potentially

help you avoid foreclosure!

We also specialize in Lawsuits,chapter 7 and 13 Bankruptcy,affordable and professional.

WE CAN HELP YOU NO MATTER WHAT YOUR SITUATION.

Help is only a phone call away!

Contact us!!!!! 212 709 8141

Anonymous
#300667

I have given up trying to figure out the *** that work for the "Customer Service Department" at BAC Home Loans Servicing, LLP! The payment history they insisted on sending me is a complete mess.

I, too, received a check for $309 from them for overpayment on my account, yet they claim I am in arrears...go figure. They have more than doubled my payment, and they can't get anything straight.

The last straw was when I received a Letter of Intent to Accelerate.

I contacted an attorney in Houston who has agreed to take my case and make BOA pay the legal fees. I encourage any of you who are having these issues with BAC Home Loans or BOA (it's changing July 1, 2011) to contact The Trevino Law Firm at 713-341-7550.

Anonymous
#298832

I have been trying to get a home mod worked out since end of 2008. I have struggled month after month trying to get some answers and get the *** loan modified.

I have been given you've been approved to you do not qualify. I have had my NPV values keeping me from modifying and have had those appealed. I am now in year three????? waiting to get modified.

They are now currently waiting to see if I qualify again.... again???? before they move my request to underwriting. I've talked to too many BAC people.

They are playing the waiting game. Hoping I give up and move on. I am going to be as pesky as I need to. These people need to be taken down.

They take government help but don't use it for what it is intended. I am going to be looking for a lawyer too.

Anonymous
#286728

Question>>>>

i received a check from BOA on saturday for 300 something dollars stating that my monthly payment due for 7/1/2010 was $2204.30. There is a total of $332.68 credited to my account, which does not represent a full monthly payment.

Since they have not received the remaining amount required to satisfy the payment due 07/01/2010 they are returning the funds. the notice letter is dated May 11, 2011 almost a year after the fact. Question, should I cash the check ? If the originally cashed the check, now are returning it a year later, is this legal ?

Others out there with same story ?

Help... Thanks

Anonymous
#286723

Well unless our superhero President does something to hold BOA and the other banks like them accountable, we are all going to lose our homes, ruin our credit, and the economy is going to continue to die. Instead of the Feds bailing out the banks, how about bailing out the consumer.

Make all banks reappraise their properties, and reset all loans accordingly. Then allow their friends in the banking industry the ability to write off their losses.

Don't allow them to kick us out of our homes. Try paying attention to whats happening in our Country..or does that only happen during election years ?

Anonymous
#282006

Your story pillars what I am going through with Bank of America Home Loans Servicing (BAC Home Loans). Every time I call them to try and sort out what's going on with my account, I end up being transferred a dozen times, having to re-explain my story all over again. No one is in sync and the reps are just simply idiots. They're crooks and they give you ambiguous information.

I got two notices from BAC Home Loans - 1 dated April 15, 2011: stating that they received the last installment due under their special forbearance agreement and it has been credited to my account (what has been credit to my account? That's all the notice read); and the 2nd one dated April 21 enclosed a check in the amount of $705 stating that it represents funds that were available for application towards my payment due, but they didn't receive the remaining amount required to satisfy the payment due for April (Huh?). I contacted BAC Home Loans Servicing on April 28 and per my conversation with Derrick, he said to ignore the April 15th notice, that it was an error. WTH - a mistake?! Derrick put me on hold several times (too many to count), before coming back to tell me again that it was a mistake. This sounds shady, it doesn't even sound right. Derrick couldn't even tell me why it was an error. I told him that I would not ignore it unless he could send me something verifiable against it. When I asked him about the 2nd notice, he said he couldn't find anything on my record or noted on my account re the check (btw I'm still holding the check). Meanwhile, he put me on hold again and came back and said he found out that the check was a reimbursement for overpayment on my account. Then he added while looking at my account that I was behind on my mortgage, that April's payment wasn't received (I lost it when he told me that because I had already sent in my April payment). I told him, as a matter of fact, I called in my payment because I ran out of checks. He put me on hold again and came back and confirmed my payment, but only to tell me that it was applied to March's payment and March was applied to February's. Lost it here as well (@#!&*) because according to my records I am not behind. I conclude that the folks at BAC Home Loans Servicing are idiots and crooks. I don't know what to believe and not only that, why would they send me a check for overpayment, if I'm behind on my payment?

It is most stressful dealing with BAC ...and the reps are just imbeciles! As another person stated, now that my credit is ruined I am stuck with this horrid wretched institution! I just want to go postal on BAC ... headquarters.

Anonymous
#275727

Are you serious? I feel like I am reading my exact story!

We wound up having to file chapter 13 bankruptcy just to keep our home and even doing so they are charging us over 29,000 in legal fees and late charges of payments missed! All because they would not accept our payments pending the lovely loan modification. I will surely give you a call one of these days, but our situation is almost identical as yours.

It has been the most stressful situation we have ever encountered. And now that our credit is ruined we are stuck with this horrid company!

Anonymous
#272809

I'm in the same boat BANK OF AMERICA IS THE WORST COMPANY TO WORK WITH EVER!!! When I do get a modification it is not lower it comes back to be higher then my regular house payment is