Misapplied mortgage payment
Complaint
Lyvonne Rustemis
Country: United States
Beginning in Jan.2011 BOA misapplied my mortgage payment and placed it in Escrow. I send my payments via on line through my personal bank a week to 10 days early so that payment can arrive on time. I'm told I am sending it too early and throwing their system off. However,the bank has misapplied my payments and sends me a statement each month indicating I am late and attach a late fee. I go through numerous departments including speaking with Managers and Supervisors assuring me the problem will be corrected within 24-48 hours. Here it is May and I still am in dispute with the bank and nothing is resolved and no one seems to know what they are doing. I am told to call back 3-5 days and check my status....... surprise the issue has yet to be corrected. I have contacted the State Bank Commissioner in Dover to investigate the problem and informed BOA I plan to go to the Media and provide everyone's name and ID# that I have spoken with. I have never dealt with such incompidant people in my life. Does anyone know where I go from here?
Comments
Then, last night I got a call from their debt collecting arm telling me I had missed a payment. It turns out that they took my regular monthly mortgage payment and misapplied it to principal and listed my account as being behind with no payment received at all. Of course, they have no explanation for how this happened and. of course, they are telling me that it has been fixed. We shall see . . .
I have been a homeowner for 14 years and I have never dealt with this level of incompetence from a mortgage company. I am going to submit a written complaint to them requesting that they sell my mortgage and I am also going to lodge a complaint with the Attorney General's consumer division.
They are required by federal law to respond to RESPA disputes in writing themselves, within a statutory period. Should you have further problems, your copies of your disputes combined with your certified proof of mailing and the USPS verification of delivery provides a paper trail of your sending them as well as what the specific dispute issue was, and if they don't respond timely, file a complaint with HUD backed up by your documentation.
They could care less if you are dying, got an operation, lost your job or any other unexpected inconvenience that might happen in your life. Do not fall for their traps. This is called F-R-A-U-D!! They need to be exterminated like a bad roach infestation that has corrupted this country's economy.
They are committing widespread fraud. When you "mislead" millions of people to believe that you are going to help them and even make them miss payments in order to get a loan modification, that is called fraud: http://en.wikipedia.org/wiki/Fraud.
The unnecessary abuse that Bank of America has caused me and my family caused long-term damage. I might be impaired but I am still fighting back. Please read our press release: http://www.free-press-release.com/news-florid ... 1299633088.html
If you would like more information about Bank of America’s racketeering practices please read here: “Bank of America is a Racketeering Enterprise” http://www.piggybankblog.com/2010/11/16/bofa-racketeering/
Everyone can do their part and sign a petition that will hold Bank of America accountable for RICO violations: Please sign this petition: http://www.change.org/petitions/the-president ... under-rico-laws
I am not sure if you have filed a complaint with your Attorney General and the OCC regarding this fraud. This is a starting point. I highly suggest that you eventually file a lawsuit against them because they have every intention of making you life a living hell like they did to me. I was also targeted. These criminals need prison and nothing less. Let them whine all they want after they have fraudulently made huge amounts of money off of the backs of helpless homeowners.
In July 2010 I was fully paid up, after a couple of months of being behind, due to unemployment. Then, July 30, 2010 I paid via online bank and Bank of America aplied to the ALREADY PAID July payment.
MY PAYMENT WAS MEANT FOR AUGUST 1, 2010.
For one year they have sent me late notices and occasional foreclosure threatening letters. Last week they sent a mod guy to my house. I do not need a mod!! I am fully paid up!
I filed a complaint with the MA Attorney General last week but I have a feeling since this is not a mod issue, they might not be able to help me.
And I avoid their collection calls - nothing but rude, extremely young people with hoodrat accents telling me "You gotta pay."
After 4 hours - my call was disconnected - so here I am starting over for the second time today. I have sent two years of both bank statements along with copies of cancelled checks per their request and still no resolve. I am now back on the phone with Zero Coupon who insists that it is an MHA matter and last week - MHA department said that my account was clear and that zero coupon / payment research should be able to fully reconcile my account. Do you have any recommendations?
Thanks!