Philadelphia, Pennsylvania
Not resolved

I was current on my loan but unemployed when I approached Bank of America about possibly getting a loan modification. They directed me to HAMP. NOw, as a result of the following directions to get into the HAMP program my home is being foreclosed. These "trial payments" are nothing but a loan scam.

I am currently contacting members of the House and Senate Banking committees, and also going to actually draft legislation to be considered, but I want some ammo before I fire this gun. My email is . If you've been scammed by HAMP, especially through B of A, please email me and tell me your story. Thank you.


Product or Service Mentioned: Bank Of America Loan Modification.

Monetary Loss: $130.

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I have read these posts and several more out on the internet. We also applied for help after I lost my job of 10 years and my husband was on seasonal layoff.

We did everything correctly and timely (as my case person indicated) and when we were approved for the "trial period" I felt a great relief. After the three month "trial period" I was told that they were "behind on paperwork" but to continue to pay the modified trial payment until we received the final documents which we received three months later (total of six months). Now you need to remember that while you are paying the "trial payment" the difference between the trial payment and your actual mortgage still accumulates (i.e. actual mortgage $1000 - trial payment $800 = difference of $200 which continues to accumulate and show as a past due on your mortgage as each month goes by).

When we received our final documents we found discrepancies -- we had applied money towards our past due balance but that was not figured into the new 30 year mortgage, they use the balance before the applied money and we received a "subordinate note" that would come due if we refinanced, sold or paid off the mortgage -- but the subordinate note was for the past due amount that we had already taken care of. I tried to get someone to explain the documents to me but went through one department after another who couldn't explain the documents, made calls but did not get calls back, etc. etc. etc.

I have been going through this for five months, obviously they are now telling me that our final documents are now not valid. I could go into more details, like how I was told to just "make notes" on our final documents regarding the difference I found and send them back. I asked that if I made changes on a legal document wouldn't both parties have to initial off on them? I was told no, it's okay, the BOA person would make "notes" on our account and it would be okay.

Seriously!? I know better. I finally contacted the Department of HUD which is who the subordinate note would be payable to. I have been amazed at the response I have received from HUD, timely calls back, email responses, great follow up, etc.

Being a "loyal customer of BOA" I never received this type of customer service from BOA!!!!! The people I am working with at HUD saw the discrepancies in the documents and are now my go-between with BOA -- the company that I am a "loyal and valued customer" but who can't call me back, respond to my emails or provide quality information when requested. One thing to remember is the comment I made at the beginning of my post -- they were "behind on their paperwork". After receiving our final documents which was in December and after three to four months trying to get someone to explain the issues I found, BOA told me that they couldn't update the paperwork because it was created in May!

Then why did it take six month from the start of our trial period to receive our documents? I don't have much faith in BOA at this time and don't think I ever will, but I am thankful for the people I am working with at HUD for their assistance and persistence in looking into our situation. FYI -- another agency to call to report problems is the State Banking Commission. Please, Please read your BOA documents before signing off on anything!

If we had not really looked over our paperwork we would have been paying the past due amount that was paid twice! Once in the new 30 year mortgage and secondly through the subordinate note that we were being pressed to sign. Saying prayers that we don't fall into the black hole that most Americans are falling into. And just an FYI to the AllWhiners post -- we were not in over our head, we live in a modest house that we could afford, we don't over spend and never really did -- the loss of a job due to the economy and getting a new job making $15-20,000 less starts to put you in a tail spin that is hard to stop.

We tried to hang on for a year and a half but couldn't pull things back to where we could keep above water.

We never thought we would be where we are today and I won't stop fighting to keep our home. Good luck to everyone dealing with similar circumstance.


Read the HAMP paperwork very carefully. There is a huge balloon payment due at the end of the load period.

We had a $178,000 balance when we signed up for it.

With the HAMP program I would have a balloon payment of $118,000. This is a SCAM that favors the lenders.


They dont care. I would read hardship letters written over and over again dated back to being requested not once but ten times and not being reviewed.

No one cared at all.

Loans not being worked on or reviiewed. Then employees saying that it was all a they fired all of us and I still ask myself..where are the uw and how many loan mods were approved..never knew and never will.


Our law firm is currently investigating HAMP abuses to see about potentially filing a putative class action complaint. Please email me at for a review of your facts.

This message may be construed as attorney advertising.


You people do realize that you have to meet certain criteria to be eligible for a HAMP mod right? I highly doubt B of A wants your property through foreclosure, and would rather mod your loan.

Stop blaming Lenders and banks for your misfortunes. Not all, but most of you people bought a property outside of your means and now want somebody to pull you out of the deep end. Also, you have to understand that modifications are designed to bring you current and avoid foreclosure, not necessarily to lower your monthly payments. For example, if you are 30 payments past due, the debt doesnt disappear, the past due amounts get capitalized on your unpaid prinicipal which may make your payments higher BUT you avoid foreclosure.

Avoiding foreclosure is what HAMP is designed to do. Also, B of A may not even be declining some of you. It may be your investor if B of A is just your servicer. I dont know..

some of you people sound like whiners to me.

Oh yeah, I recently got a HAMP mod through B of A and found out that they need updated financial documents every 60 or 90 days, which is why they request you to send them sevral times. Again, not B of A rules, but the governments.


Allwhiners, YOU do realize that HANP IS meant to knock off alot of the interest to bring down your mortgage payments each month, AND,if you successfully make your newly modified (lower mortgage payment) for three months, the lender paticipating in the HAMP government program is suppose to PERMANENTLY keep your payment at the new modified amount through out the life of the loan!! As for your very IGNORANT comment about getting in over our heads, does SUB-PRIME loan ring any bells?

People like you make me sick.

Your mind set is " As long as I was able to rip people off, use and abuse them for profit, I don't care how they make it, who cares that they work every day and try, as long as I am doing well who cares." You are a pathetic little person with no brains. I do feel SORRY for you though.


David Puzniak

Mortgage Loan Officer

Bank of America Home Loans

628 North New Ballas Rd

Creve Coeur, MO 63141

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.


FYI...After being laid off last year I followed up with B of A for assistance. What I found out first is that most home loans are processed through Fannie Mae or Fannie Mac.

In my case my B of A home loan was through Fannie Mae.

For over a year I followed B of A lead and applied numerous times, which I was denied four times for loan I did a little reserch I found out that as of 2010 Fannie Mae does not consider (CA) Unemployment Benefits as valid income for any type of loan modification programs. Basicly, I wasted a full year applying for loan modification programs that I never qualified for to begin with...At this point its a forbearance, or CalHFA MAC (CA only).


20 trial payments... lost paperwork over and over and over,,,

now they tell me in a one page letter with a box checked that says

guideline, I am declined.

I know I qualify.

Any ideas? Shall I just sue them?


Bank of America Corporate Contacts

Contacts in the corporate offices of Bank of America

The following are contact numbers and emails for the corporate office of employees whose job is to specifically address all complaints on behalf of the company.

If complaints are not answered or provided adequate attention, I would suggest going online and filing a complaint with the OCC, Office of the Comptroller of the Currency, the agency that regulates national banks

The corporate office MUST respond to both the consumer and the OCC. So if you are unable to get your issue resolved or feel there is questionable behavior or handling of accounts, I would go directly to the OCC or call/email a BOA manager. Better yet cc everyone on the list; calling is always a good option as well, as sometimes the issues can be resolved immediately.

Evelyn Upstill, manager


Susan Smith, manager


Renee Holmes, manager


Kasey Dressler, manager


Christina Yuschak, manager


Scott McGhghy, manager


Cassandra Dejurnett, asst manager


Norma Adams


Karin Herndon


Claudia Amaya


Bridgett Loya


Derek Kaltenbach


Celestina Burresch


Andrea Lowry


Yvonne Gonzales


Janelle Worthen


Adriana Valdez


Kerrie Roberts


Carlos Pena


Asuncion Ngaosi


Additional #’s









So what exactly is a trial period? Is this to show you can pay them in full and on time?

I've heard if you are late during this time, they automatically disqualify you from the home loan mod. Is this true? Or is this trial period a way to get you off their back for awhile, and then deny you regardless of your good standing?

What happens next, if you do make it through the trial period? Do you get a permanent home loan modification?


I went through *** with BOA over a HAMP modification for over a year. BTW I have never been late on my mortgage.

They tried thier best to frustrate me into giving up. They requested and I sent them the same doc's 17 times! The only thing that got thier attention and got them to approve the mod was that I called the CEO's office and threatened to turn them into the Comptroller of the Currency's Office (they over see all banks). File a writetn complaint with the CoC's office.

Here is the tel number for Executive Secretary for the CEO of BOA. Her name is (irony forthcoming) Barbara Condos! Really. Tel # is (813) 832-0353.

Barbara will immediately tell you that you have the wrong department adn try to forward you elsewhere. Dont fall for it. Call her until you get what you deserve, a modicum of respect and assistance.

Best of Luck! Keep fighting.


Each time I applied for a Modification, BOA modified my loan only at a higer cost than what the loan payment originally was and now when I ask them to lower my payments in a modification, they tell me that I'm not eligible because I have already received two modifications and now I am the process or possibly selling my home. I have filed bankruptcy and everything and they still say I am not eligible due to past modification that only increased my payments, not decreased the payments