Bowling Green, Kentucky
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I am your average American girl. Born & raised in the Bay Area, I moved to Sparks Nevada to buy a home. I relocated and found a job after a couple of months. When the economy started to crash, my hours at work were cut back. I also found out that my husband was cheating on me with a co-worker while still married to his old wife in California. Naturally, I had the marriage voided due to Bigamy. Times were tough and I couldn't afford my $2100/mo loan payment. I turned to Bank of America for a loan modification. Lowering my payments would help me keep my house and move on with my life. I applied for the first modification and was accepted. I faxed W2's, paycheck stubs, tax returns, a hardship letter, bank statements, everything the bank asked me to do. I completed my 3 Trial Payments with them. I waited and waited for a response about the Modification and every time I called, they told me it was "in review" or "in underwriting". Several weeks later, I was told the modification as accepted and the final papers would be mailed Fed-X for me to sign & return. I waited again, following up with several departments, only to be told the status was "in review". B of A representatives told me to wait a week longer for the papers to show up. A week went by and the papers never showed. I called to have them re-sent. The lady told me that the modification was cancelled because I failed to return the signed documents. I asked again for a copy of the papers and I was informed that I would have to start the long process all over again. Sitting at my desk at work, I cried. It was such a frustrating process, being transferred from the Hope Department, The Home Retention Department, Customer Service Department, etc. etc. Meanwhile, I was paying as much as I could toward the mortgage. The next thing I know, they stopped talking my payments. My house was officially in foreclosure status. I was devastated. I started the entire Loan Mod process again. The story doesn't end...it only gets better.

I resubmitted all of my financial info. I mailed them and faxed them. This time, things were different. I was going to document every conversation and date with B of A. Pay close attention to 09-13-10. Here is the time-line of events:

04-06-10 Loan Mod trial payment $1910.62 Completed 3 trial payments

?? Loan Mod Accepted, Fed-X envelope never showed up. Was informed Mod was cancelled/have to start over.

05-18-10 Verbally re-submitted financials missing from their computers

05-23-10 Faxed all financials

05-25-10 Called to verify receipt of faxed financials. Talked to Lauren. Papers received. They are in review.

Was told to call in 2 weeks to check status.

06-04-10 Referred to MHA (Making Homes Affordable) Dept. 1-888-325-6435

MHA has NO PAPERS or info in their system. I was referred to HOPE Dept. 1-877-202-2830

?? Mailed all docs/financials in supplied Fed-X envelope

06-15-10 Called for status: In work-out review, told to call in 2 weeks

07-22-10 Called for status: Referred to Home Retention Dept. 888-325-6435

Called Home Retention. Doc's received 07-14-10.

Message on my home machine: They said Doc's are incomplete. They need my 2009 Tax Returns.

Loan pushed into foreclosure.

?? Called about missing Tax Returns. They have them in the computer and will Excelerate the Loan Mod. (31684 Order I.D. #)

Informed me that a Sale Date was assigned.

07-27-10 Talked to Dana. Advised me to call Foreclosure Postponement Dept. Called them. They put in a request to postpone the Sale date

07-30-10 Called Postponement dept again. Postponement from the 27th is not in the computer! Agent will Re-request it.

08-10-10 Called for status on Postponement: Agent advised they are still waiting on *** Mae. No postponement.

Also called MHA Dept. to check status of modification. I was transferred to the Foreclosure Dept.

They said on 08-09-10 Docs were assigned to Underwriting for review.

08-12-13 Called Postponement Dept for Status: till no postponement, was told that sometimes the investors wait until the last minute.

08-13-10 Called for Status: Talked to Floyd: Postponement approved! Was advised the postponement is only good for 30 days.

I need to call before sale date to postpone again. Sale date suspended until 09-13-10

08-16-10 Called for Loan Mod. Status: It's in Underwriting, was told to wait.

08-26-10 Called for Loan Mod. Status: Same.

09-07-10 Called for Loan Mod. Status: Girl said it was in suspense. Nothing being done. She will expedite the Loan Mod.

Was transferred to the Postponement Dept. to suspend the Sale Date. Agent put in for a postponement. Told to call 09-13-10

09-12-10 Called to check status of postponement: still no postponement. Loan Mod. needed to be expedited again.

09-13-10 House sold. Purchased by auction on front steps of court house: Buyer James xxxxx.

09-15-10 Called to ask about relocation assistance: Talked to Angela: said there are notes in the computer that will benefit me.

She placed me on hold because she needed to talk to the Foreclosure Dept.

I was transferred to Ray in Foreclosure. He advised me that the postponement was approved on 09-14-10.

He admitted this was a huge mistake by BofA and would escalate this to a Team Manager. He said the account is still being

reviewed for a modification and they will try to reverse the sale date. He said the Manager will put notes in the computer by 9pm

telling me what to do. I should call the next day.

09-16-10 Called the number I was given 1-800-262-4218. Agent had no info

I was transferred to Home Retention Dept. 1-866-422-5871 agent has no info

I was transferred to Foreclosure Dept 1-888-284-4978 talked to Latrinda she had no info

I was transferred to REO Dept. 805-520-5207 voicemail said "mailbox is full" and transferred me back to General BofA #

Called in Afternoon: Talked to Sue. She told me she could see the postponement was sent 3 times. Transcripts go back as far as

March 2009. I could call 1-800-669-6607 and get transcripts faxed to me of all notes in my file.

She advised: There are no new notes from a Team manager. She could not tell me what to do.

09-17-10 Talked to Tenishia. She advised I would have to fax a letter requesting the transcripts to the legal dept.

My house was gone! I was devastated and angry. How could a company do this to people? It's happening all over the place. I must also add the very important fact that every representative I talked to assured me while in a Modification, my house would not be sold or foreclosed. This was a blatant promise and I felt the misrepresented themselves on several occasions. The only thing I could do was to consult an Attorney. They agreed to take on my case on a contingency basis. Meaning, if we don't win, they don't get paid. All the correct papers were filed, and it was another waiting game. We had to wait for them to respond. We had to wait for them to file an opposition. We had to wait to get into court. The day came for us to argue against the dismissal of the case. We had multiple claims against them from Misrepresentation to Gross Negligence. The judge sat on his bench completely devoid of any emotion or insight. He threw the case out because of a 90 day statute. We had 90 days to file this modification in court and had gone over that time. I guess he didn't stop and realize that one of our many claims was for misrepresentation (being lied to) and the statute on that is 2 years. He didn't care. The 2 cases before mine were also thrown out. I tell ya people, they are trying to get these things cleared out of the court system as fast as they can with no regard to the fact that this major company is lying and cheating people out of their dreams. My lawyer and I walked out of that court room with our heads down. During his statement, the judge admitted we had an excellent case, however we had gone over 90 days. (For that ONE claim). I have lost all faith in our Justice system. I have been let down by a system that says they want to help people. Betrayed by a powerful company that is above the law. I had agreed to stay quiet about this matter with Bank of America during litigation, however now my silence is broken. I am an average American girl who had hopes and dreams that were destroyed by a corrupt company. I can only pray that people will pull their money out of that bank and transfer loans to ethical lenders. I don't want this to happen to anyone and it's time that Bank of America become accountable for their actions. Thank you for reading my story.

Cheryl Gradek, Sparks NV

Product or Service Mentioned: Bank Of America Account.

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Anonymous
#383621

The same thing happened to me. I put in modification took over a year.

paid the 3 month trial, sent modification and it was higher then the trial and they added a large balloon payment. I am on disability now. on the paperwork I asked if they could reconsider the balloon payment. sent papers in, went to pay the next month payment told me I did not notarize documents.

I asked why didn't they let me know. they took back the modification. then several weeks later I got letter saying congratulations your modification was approved. and it had no balloon payment on it.

I called and tried to pay again. they said that paper was no good.

WTF

BOA are crooks, I reported them to BBB got a letter and called Felicia Paige. she told me she would call me back for possible foreclosure or try something else, have not heard from her. Boa was my small loan, Bay view has my large loan.

I modified with them and everything came out fine.

it the small load with BOA is ripping me off. BBB has over 1000 complaints on BOA in the past year

Anonymous
#383620

The same thing happened to me. I put in modification took over a year.

paid the 3 month trial, sent modification and it was higher then the trial and they added a large balloon payment. I am on disability now. on the paperwork I asked if they could reconsider the balloon payment. sent papers in, went to pay the next month payment told me I did not notarize documents.

I asked why didn't they let me know. they took back the modification. then several weeks later I got letter saying congratulations your modification was approved. and it had no balloon payment on it.

I called and tried to pay again. they said that paper was no good.

WTF

BOA are crooks, I reported them to BBB got a letter and called Felicia Paige. she told me she would call me back for possible foreclosure or try something else, have not heard from her. Boa was my small loan, Bay view has my large loan.

I modified with them and everything came out fine.

it the small load with BOA is ripping me off. BBB has over 1000 complaints on BOA in the past year

Anonymous
#383617

The same thing happened to me. I put in modification took over a year.

paid the 3 month trial, sent modification and it was higherthen the trial and they added a large balloon payment. i am on disability now. on the paperwork i asked if they could reconsider the balloon payment. sent papers in, went to pay the next month payment told me i did not noterize documents.

I asked why didn't they let me know. they took back the modification. then several weeks later i got letter saying congradulations your modification was approved. and it had no balloon payment on it.

I called and tried to pay again. they said that paper was no good.

WTF

BOA are crooks, i reported them to BBB got a letter and called Felicia Paige. she told me she would call me back for possible forcloser or try something else, have not heard from her. Boa was my small loan, Bayview has my large loan.

i modified with them and everything came out fine. it the samll load with BOA is ripping me off.

tvd
#373712

sad but true, why do these big bullies give us false hope? we expend time effort....hope!our belief is that tax dollars went to help us in some form or shape.

the crime is false hope.

my situation was a short sale.....daily phone calls time and effort by my broker. denied by an incopitant bank negotiator all over 5k

Anonymous
#372668

This absolutely needs to go to the media. You need to call your local news rooms until some gets your story out there!!!!!

Thank you for fighting! Dont stop. I had a very similiar situation happen to me and am getting ready to file against BOA in the court sys.

I pray my outcome is different. We have to fight these guys or its going to keep happening.

Anonymous
#369638

David Puzniak

Mortgage Loan Officer

Bank of America Home Loans

628 North New Ballas Rd

Creve Coeur, MO 63141

david.puzniak@bankofamerica.com

Office: (314) 994-2511

Mobile: (314) 486-2652

Dear David Puzniak & Bank of America:

I will be sending this letter to anyone who will read it and listen to the injustice that we have suffered at the hands of Bank of America and Freedom Mortgage. My intent with this is to have Bank of America honor the agreement that they had made with my husband and I in 2010 about streamline financing my current FHA mortgage with Bank of America. And to also make Bank of America fix some of their current processes that harm families like ours. Below is an approximate timeline of events:

November 2009- We received a postcard in the mail from a company called Freedom Mortgage offering to refinance our home with a new FHA streamline refinance and save us on our interest rate and monthly payment.

November 10 2009- I spoke with Freedom Mortgage about the postcard that was sent to me and to ask questions about how it worked. They said no credit check, no appraisal and no closing as long as I had made all payments on time. I told them sounded good I would speak to my husband and if we were interested I would call them back. They asked if they could send paper work to look at and I said yes in case we decided to accept the offer.

January 5, 2010- We get a letter from Russ at Bank of America offering the same thing that Freedom Mortgage was offering. We called Bank of America because they are our current mortgage company and we thought it might be easier to deal with since they had all of our information already.

February 2010- I call and speak to Russ and ask so questions about their program. He assures it will be very easy and we should consider the offer. I tell him I will speak with my husband and call him back. So a few weeks later we call him back and talk to him on three way together so that Jason can ask the questions we has as well so we can make an educated decision. After speaking to Russ Jason feels confident and says we should proceed. So we call Russ and ask him to proceed.

March 2010- Russ calls and says he needs to go over the numbers again because something is wrong in the escrow numbers and that our payment is about to go up to $1800 a month. He says it’s good we are going to refinance now so we can get the payment down. We are concerned with the payment going up because we are trying to lower our current payment to get out of debt and pay off some bills. So now it looks like we need to refinance just to stay afloat much less pay off bills. I feel bad for people in our shoes that don’t have two incomes to fall back on. I think no wonder there are so many homes in foreclosure. It saddens me.

May 2010- I tell Russ we are going to be out of town and ask if he knows when our closing date will be since we are getting close to 90 days now. He says we will get it all done when I get back in town.

June 2010- When we get back in town Russ is on vacation. I leave a message. When he calls back we ask him about a cheaper rate that is being offered. He says ok he will look in to it for us. He calls and leaves me a message to call him. I call and leave a message for him.

July 2010- I call and leave messages for Russ. He calls me back once and leaves a message for me to call him. I try him back but have to leave message again.

August 2010- I leave message after message for Russ to call me. We really need to get out mortgage closed badly. Finally I call one evening and ask for him, they don’t put me on hold and I hear him say, put her into my voice mail I don’t have time for that crazy lady. I ask to speak to his supervisor immediately. Dave Puzinak gets on the phone and I explain what has happened. He apologies but it seems like he is just sorry that Russ gets caught saying it, not that he really is sorry that he did say it. He says BOA would like to keep my business. So I agree to proceed.

September 2010- Dave sends me new papers with the new rate on it and says the processing has to start over because of the new rate. So he says we won’t close this month either.

October 2010- Dave says we missed our window for this month as well.

November 2010- Dave says we can’t close this month because there is a very short window they have to close these loans. And they must be done by the 26th of the month and they are shorthanded and can’t get the paper work processed and completed for this month. I am very disappointed. I even file a better business bureau complaint and they offer me a $25 gift card for my trouble and say it will be done in December for sure. I call another mortgage company to see if we can get it done quicker and to see if I am being lied to. They run my credit and say they can’t help me because my credit score is too low to finance with them. They suggest I continue on with BOA since there is no credit check required.

December 2010- Dave calls for my bank statements so I send them to him. He calls me and asks why I have deposited a $2000 extra in my account. I explain that it is a loan for our Christmas vacation. He says we can’t close because they will think its borrowed funds for closing. But I tell him I have the money to close even if that had never been borrowed and he said yes but that would be too much paperwork so we should wait till the next month. I am beside myself at this point. Money is really tight and my payment is supposed to be more than $300 cheaper a month. And every month I get further and further into debt because I can’t get my house closed and my payment lower. I am scared I am going to lose my house at this point. I have 5 more people in my household to take care of.

January 2011- I call Dave and ask about closing date. He says once again we need to wait one more month till Feb 15, 2011 to get bank statements in with now extra money added to my account. I am livid. I fuss and complain but he says there is nothing he can do and it will be done next month for sure. There is nothing I can do except comply, BOA has my family home in its hands. I pray they can fix this next month because I don’t know how much longer we can hold on to this house without the refinance.

February 2011- I get an email from Dave today saying not to forget to send him the bank statements on the 15th so we can get moving and not miss that window again. I am super excited that he seems to be being proactive. Then 3 hours later I get a call that says he needs me to call him. I call him back and he tells me that because Freedom Mortgage held on to the file or application for 4 months, I am no longer eligible for the no credit check offer and they ran my credit and it’s too low for them to do the loan. I was devastated. I only spoke to Freedom Mortgage One time. I never signed anything or told them that they could do anything. They had called BOA for a payoff quote which I had to pay for even though I had not authorized it in anyway shape or form and they changed my designee on my homeowners insurance through State Farm. How can a company do that? Isn’t that an invasion of privacy? Don’t I have to sign something giving them permission to do all that? And how can BOA back out of a deal just like that? Should they not have to own up to their agreement? Dave has said now after this whole year that it’s Freedom’s fault, I am sure if I call them they will say it’s BOA’s fault, but ultimately my family is the one who suffers because now we cannot refinance our home and will probably lose it because we can’t pay the note every month. I thought President Obama’s mortgage reform was to help people like us, but it has not. So it’s either his fault, the FHA (that’s the other place BOA blames), or one of the mortgage companies fault. But of course I am sure no one will fix this or take the blame. My husband and I both work in education and I thought we were pretty smart people but for the life of me I cannot figure this one out. When we first purchased our home our payment was $1500 a month to Taylor, Bean and Whitaker and we could afford it. We had plans in two years to refinance. Then we get a notice saying they are closing down and Bank of America now has our loan. Then last year for no reason we can understand our payment went up to $1841 but our taxes went down and our homeowners stayed the same so why would it go up?

I am going to send this to everyone on my email list and my face book to let my family and friends know of our injustice before we lose our home so that people will already now it was our mortgage companies fault. I am also sending it to anyone I think might be able to help me get the word out to help some other poor soul from putting their trust into either of these companies. It is wrong what you have done to my family. I hope you open your eyes and do the right thing or that the FHA or someone higher up can step in and make you do the right thing and correct this mistake you have made for us.