LOAN MODIFICATION
Complaint
Derek King
Country: United States
I have been going thru a loan modification with Bank of America for about a year. I finally got my loan modification paperwork yesterday and I am extremely disappointed and frustrated. I have emailed and called James Sauer numerous times and he has not gotten back to me. My interest rate stayed the same, my monthly mortgage amount was raised, and I have to pay back the HUD and Bank of America liens at the end of my loan. What is the point in the loan modification? I need answers ASAP! Somebody please help me... I have to mail the loan papers by this Saturday. I can't do that without having my questions answered. Please email me at kinger2308@hotmail.com
Comments
After our initial application in March 2010, we waited over 90 days and then I started calling in. I kept getting no answers, but was hopeful. We borrowed $ to keep up, but by December we were 2 months behind and got a "Notice of Intent to Accelerate loan". I called HOPE line to ask for their help. In a joint call, we were told our file was finally reviewed and the recommendation was to approve for a payment almost 1/2 of our initial payment & they would "escalate" the paperwork to us. The first trial payment was due in 2 days. I made the new trial payment over the phone. It all seemed legit. A B of A rep wouldn't take the payment unless it was, right? OMG! I was so so happy, so releived !!!!!!!!! Of course we were told to call back every few days until the paperwork came.
Instead of the "trial offer," a DENIAL letter came saying we weren't behind. A mistake! I called in, gave names, dates with HOPE as a witness - our case was "escalated." We waited for the error to be corrected, but were DENIED again, this time because of credit item that was wrong. Another mistake! I immediately sent official documentation that the debt was satisfied. Made more calls.... appealed ... appealed.... appealed. DENIED again, no reason given, but I knew we fit the criteria!!!
By now it was Spring of the next year. I researched online and took the following action is sheer desperation & a promise to myself it was time to give up if this didn't work. The house isn't worth my sanity. It was like the Twilight Zone!
filed a complaint with HOPE line - they were going to escalate the complaint & contact B of A through their own special channels (nothing came of this even though they promised resolution - they never did anything)
Filed an online complaint with OCC (Office of Comptroller of the Currency - they sent a copy to B of A for them to resolve with us. No one ever contacted me about the complaint, but they tell you to write them again if the bank doesn't resolve within like 30 days)
E-mailed the president of B of A with a plea for help (as was recommended on the only website I found where any advice was given - incredibly, I got a call from B of A Office of the CEO the next day.)
Finally, things got moving. They told me we were denied because we didn't have enough income - something we had never been told before, but my husband had just found work so we had to start over the application from scratch.
This time, we did have a point of contact and we were finally APPROVED for a trial payment through the Fannie Mae program, not MHAP! In the fall, after 4 trial payments, we finally got the new terms & loan is considered current - a reduced interest rate with lower payments for 5 years (about 20% less) to go up by $100 after 5 years and loan of 30 years. We have paid on time for 15 years and we're still under water by 20K. I can pay online again instead of calling in to a rep who treated me like a criminal debtor.
I'm writing here because it's my hope that this information might help someone who is going through the same thing or considering it. At the time we finally got approved, I read that laws were passed by the OCC requiring that homeowners had to be given a single point of contact and foreclosure can't continue during application process. I hear it's an easier process now. God Bless anyone trying to deal with B of A and good luck.
I don't know if the e-mail address is any good anymore, but here it is:
brian.t.moynihan@bankofamerica.com
Finally went online and filed complaints with the FTC, The Treasury Dept, and about 3 or 4 other agencies I found that I knew wouldn't be able to help but filed complaints with anyway. Lo and behold, after filing these complaints several of these agencies contacted BOA and I got a letter from BOA's CEO office and was given a direct name and number to contact EACH time I wanted info. Within 2 weeks, I received a letter from BOA telling me I was approved and that they would be sending an "authorized agent" to notarize the final documents. The guy came and here's what the final papers were:
(1) Interest rate lowered to 5.5%. (2) BOA took 27 K off the front end of the mortgage but it has to be repaid at the end of 30 years (yep...they added years to my mortgage after I had already been in the house for years) or when I sell, whichever comes first .(3) had to sign another "note" for the 27 K.
I still live in a house that's under water, the payment was only lowered by $150 a month and I have to repay 27 K if I sell the house - which, of course, I can't sell because it's not worth what I owe on it and I now actually owe more because the mortgage has been extended to 30 years once again. And the best part of all?....I paid the "trial" payments for 2 years before the loan was modified and BOA has reported me to the credit bureau EVERY MONTH as being "late" with my payment, effectively ruining my credit!! They have said repeatedly they would "correct" this, but haven't and probably won't.
So...from my perspective, BOA isn't doing anybody a favor with these modifications since they will be making more money in the long run on these new loans. In my case, since I don't plan to move, and I probably won't be alive 30 years from now, I can at least say (for now) that I'm saving a small amount of money each month. Caveat Emptor: These new papers state that the payments "may" go back up, depending on taxes, insurance, etc..... Final thought - not worth it!