Misapplied mortgage payment

ComplaintsBanksBank of America

Complaint

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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

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  • 0
    LINH T TRAN
    | 1 reply
    BAC is the worst bank in US because they stole all my payments even though I still have proof of payments. Their lawyer stated that they returned payments to me but I have not received the return checks but they still claimed that I am behind monthly payment. I sent them a Written Qualified Request but they declined without any explaination to me or telling me they were really carefully to investigate my account nothing do this, they have never sent me an escrow account analysis, they violated RESPA because they charged over maximum fluctuate onto escrow account. They have not recorded legal and equitable title based on the OTDA, they thought I could not afford to hire a lawyer who defense on fraud foreclosure proceedings from Bank Of America. I understood that Bank Of America just want to kick out all the borrower to the street and they take over the house. They stated they are customer relationship manager but they don't understand about accounting, account statement, escrow account, missapply payments or where are the return checks or evidence of whose did cash the return checks, nothing. They lied to me all the time, call or send the mail to threat foreclosure my property, I don't scare at all because I intend to fill a law suit at court to defense fraud foreclosure proceedings from Bank Of America. I don't have any choice. I never against Bank Of America but because they cheat, dishonest, stole all my payments and missapplied them, fraud on foreclosure proceedings by not providing me an adequate note. I thought Bank Of America is challenging my patience, if I am not strong enough or I fail, then they will take the house but I am not, I have enough courage to fill a law suit at court and requested them must follow the law and stop fraud. That what I want.
    • +1
      Mary Ann replies to LINH T TRAN
      Yea, you fight them with all your might. God will give you the strength. And also file a formal complaint with the office of the comptroller of the currency, congressional reps, state steps and your state attorney general's office.
  • 0
    Andie Lane
    | 2 replies
    After reading all of these negative experiences people are having with B of A, oddly enough, I feel a little relieved. It isn't a good relief though, as confusing as that may sound. I am relieved that I am not the only one going through this, because now I don't feel so damn crazy anymore like the people from the bank have been making me feel. My husband paid our mortgage either online or with cash; he rotated a lot in his method of payment, which always made me nervous. I had every right to be nervous, because I found out that October 2011's payment was missing, or as they like to call it "never received". I completely lost my mind! We live absolutely pay check to paycheck, and I my husband is always with me whenever he isn't at work, so I know the money was squandered. The bank pretty much said, "no receipt, no help". Because we have no receipt, we just handed B of A $1,620. There is no record of any payment, and we were pretty much called liars. One lady actually had the nerve to tell me, "You better keep better track of your husband then." The ticked me off, as it would anyone I would imagine. We are STILL continuing to make our payment, we STILL receive notices in the mail saying we owe, and I have yet to have one single person help me in any way, shape, or form. Even though it is our STOLEN money, I even begged for a differment, one payment to put towards the end of our mortgage considering we are STILL PAYING!!! But, no, they "can't". They can't give me a differment for reasons being this is my first home, another person said because it's in the note that I signed, another person just said it isn't possible. I think in order to work at B of A, you have to know their complete book of excuses to give to honest people who only need a little help, but as someone above mentioned, the banks make WAY more when people actually lose their homes. Why?, you may wonder. Well, because the government pays the banks 3 times the market value of a foreclosed home. Look at how small the situation I'm in is.  One payment that the bank lost, or stole rather, and "absolutely nothing" can be done. The problem is, not enough people are taking B of A to court. Maybe out of fear because it is such a big company, or because people know that there is no justice in the "justice" system. I do know though, if enough people (A WHOLE LOT) were to get together, then we can make this bank be legally forced to fix the problems of the honest people out there, and make sure that this doesn't happen to any more. But it wont happen, because a lot of dishonest people will get involved and screw it up for the rest of us.
    • 0
      Sick and Tired replies to Andie Lane
      Andie, I have tried to find attorneys in my area  - 75 to be exact - so that I could file a suit against Bank of America.  But of those 75 attorneys, I either got a laugh, told that I was crazy to want to try to take this on, well you can't really do anything until they start a foreclosure, or they couldn't help us because they had worked on something for BofA in the past.  I am almost 2 years out on trying to figure out and argue and fight about BofA's screw up.  I have gone to the media, I have had others call me asking me what attorney I  am using.  The one thing is.... I am sure there would be plenty of people that would get together...but unless you are an attorney, and you know the legalities of filing a lawsuit properly, it doesn't look as though the honest hardworking people are going to get a break.    A mortgage advocate has been "researching" our problem now for 2 months.  Our mortage on the home we sold in 2006 was also with Countrywide.  These people are so screwed up that they are telling me they did not reactive an OLD, SOLD, TRANSFERRED Countrywide number from 2008/2009, which is actually what they did, but they are telling me that my OLD, SOLD, TRANSFERRED Countrywide number started with different numbers.  In fact...they have now screwed up so bad they have pulled in information from the mortgage that was PAID OFF when we sold our home in 2006.  So we now have 2 totally different accounts mixed up together.  Kind of reminds me of the game kids played called 52 pickup - you remember...throw the cards up in the air and scrunch them all back together.  I honestly believe that's what BofA does with all of our account information....  Throw it up in the air and how it lands is how it lands and there is nothing we can do about it...
    • 0
      Mary Ann replies to Andie Lane
      File a form complaint with the office of the comptroller of the currency in Washington DC. The time complaints with your congressional reps, state reps and then with your state attorney general's office. You will see something happening. If you do not continue to file with the OCC. It is an easy online process.
  • 0
    BOA customer service stinks!
    | 1 reply
    I am in the Military and have had an allotment set up for the past 3yrs, never having a problem until this past Oct, when I went online to check my statement and noticed that Oct payment was never received, so with it being the weekend, I had to wait until Mon to call and figure out what was going on.  So I call BOA on Mon and they verify that indeed the payment for OCT has not been received and here it was the middle of the month and normally the payments post right at the beginning of each month 6th or 7th.  So I call my allotment place and they tell me that the payment was returned as being undeliverable as addressed.  So call BOA again and they assure that the address the allotment co has on file for them is good and the payment is going to be re-mailed out.  Well 10 days go by and the payment is still not received.  This is like the 5th time I call them in regards to this.  The last time I call, I get the customer service dept and they tell me that the PO box may be bad, then this lady tells me she is no postman, so she can't tell me why the check was returned.  This furiates me....so the guy I talk to at BOA calls the allotment place they give them a new address to send the check to.  Well lo and behold they get my OCT payment, but now my NOV payment has not posted and I feel like I am going to go through this whole mess again.  I am so sick of talking to 50 different people with the same story only to be told that it will be resolved and they're making notes on my account.  So tell me why today I receive 2 certified letters stating the payments have not been received.  I call again and of course get the same story, have to talk to Payment Research.  I am ready to file a complaint, who can I call about this lack of customer service?
    • 0
      Mary Ann replies to BOA customer service stinks!
      File z formal online complaint with the office of the currency of the comptroller in Washington DC. It is a very easy process. The file complaints with you congressional reps, state reps, and also your star attorney general's office. Keep filing complaints with the OCC until you get some relief.
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    K. M.
    | 1 reply
    It's "Ground Hog" day every time I call BOA. It's whole new day for those Idiots! They said they'll "note" my account with the corrections, yet when I call back I have to explain EVERYTHING again, one day I did it 8 times before THEY disconnected!!! "We understand your frustration", they say...[***]!! Fix YOUR CUSTOMER SERVICE, CUSTOMER BEING THE KEY WORD HERE, PEOPLE!! I'm getting out from under them as soon as possible...
    • +1
      Mary Ann replies to K. M.
      File a formal complaint online with the office of the comptroller of the currency in Washington DC. It is an easy process. Keep filing until you get some answers and actions.
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    Sarah A.
    | 1 reply
    My issues started with BOA back in 2008 after our loan was bought from Country Wide. We were in the middle of a workout with them and them BOA took over they denied it and was told I had to pay $5,000 to keep my house. Reapplied for help and it was denied. That day I called a Chapter 13 Lawyer and filed. We were discharged from Chapter 13 back in August 2012 and have Court papers stating that out MORTGAGE WAS CURRENT!! I got a call on Friday and guess what we a MONTH behind? How is this possible. After a hour and 4 departments later and documentation from all payments sent to them since 2010 they are telling me we have been behind since 2011! 2011? WTH!!!!! I even offered to send them my documentation of these payments and court documents and their answer....we are mailing you a loan history. A loan history? I told them that was fine I was contacting my lawyers and they will be in contact!!!
    • 0
      Gail replies to Sarah A.
      If you haven't already, have an attorney reopen your case and get ahold of the Trustee's disbursements.  Make B of A pay the attorney's fees!  Get a copy of the full accounting...but it will take months, just do you know.  They apparently have no computer software designed for Chapter 13.  I went through the same thing and my accounting was incorrect to the tune of 12 K.  However, they refused to correct it, or to correct the 1098's they send the IRS.  My attorney was so hassled by them she threatened to quit if I did not sign a RE-FI agreement.  Guess what, 12 months later I am still having problems being charged for "court fees", payments never received...it is hell.  They owe me money but its been 10 months and I still don't have it.  I am tempted to "walk away".  I  won't ever put money into this house because I know they will do anything they can to take it.  Its FRAUD, but they get away with it.  I may just file another lawsuit.
  • 0
    Joe L
    I'd like to hear how some of these issues were resolved. Here's my story.

    I'd have an automatic payment for my mortgage since 2007. In June 2011, I refinanced my mortgage. However, I did not change the account number on my banking bill pay. For an entire year, although the account number was wrong, my refinanced mortgage was correctly applied. In August and September 2012, I get notices that my mortgage had not been received. After dealing with customer service and payment research for months, they still have not "found" my payments. Customer service is useless. Everytime I call - it's like I'm talking to them for the very first time. I have sent bank statements and proofs of payment - everything. They state that they would have sent the payments back because it was sent to a closed account. I understand that. However, they have not provided any proof that they were sent back. In the meanwhile, they transfer the mortgage to another company. Of course the new company is saying there is nothing they can do. My credit is jacked up. I'm in the process of getting a lawyer. This is ridiculous. One question - where is proof that you sent the payments back BOA?
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    N. K.
    | 2 replies
    My wife and I are having the same issue. We've been fighting with BoA for the past 6 years. We've finally had it. They don't want to help. They've been misapplying our payments and now they claim we're nearly $30k in the hole. Well, good for them. They want it? They can have it, we're [***] done.
    • 0
      elacasse replies to N. K.
      For immediate release

      January 7, 2013
       
      Independent Foreclosure Review to Provide $3.3 Billion in Payments, $5.2 Billion in Mortgage Assistance

      WASHINGTON--Ten mortgage servicing companies subject to enforcement actions for deficient practices in mortgage loan servicing and foreclosure processing have reached an agreement in principle with the Office of the Comptroller of the Currency (OCC) and the Federal Reserve Board to pay more than $8.5 billion in cash payments and other assistance to help borrowers.
      The sum includes $3.3 billion in direct payments to eligible borrowers and $5.2 billion in other assistance, such as loan modifications and forgiveness of deficiency judgments.  The payments involve mortgage servicers operating under enforcement actions issued in April 2011 by the OCC, the Federal Reserve, and the Office of Thrift Supervision.  The agreement ensures that more than 3.8 million borrowers whose homes were in foreclosure in 2009 and 2010 with the participating servicers will receive cash compensation in a timely manner.

      Eligible borrowers are expected to receive compensation ranging from hundreds of dollars up to $125,000, depending on the type of possible servicer error.

      This agreement includes Aurora, Bank of America, Citibank, JPMorgan Chase, MetLife Bank, PNC, Sovereign, SunTrust, U.S. Bank, and Wells Fargo.  For these participating servicers, fulfillment of the agreement would meet the requirements of the enforcement actions that mandated that the servicers retain independent consultants to conduct an Independent Foreclosure Review.

      As a result of this agreement, the participating servicers would cease the Independent Foreclosure Review, which involved case-by-case reviews, and replace it with a broader framework allowing eligible borrowers to receive compensation significantly more quickly.  The OCC and the Federal Reserve accepted this agreement because it provides the greatest benefit to consumers subject to unsafe and unsound mortgage servicing and foreclosure practices during the relevant period in a more timely manner than would have occurred under the review process.  Eligible borrowers will receive compensation whether or not they filed a request for review form, and borrowers do not need to take further action to be eligible for compensation.    

      A payment agent will be appointed to administer payments to borrowers on behalf of the servicers.  Eligible borrowers are expected to be contacted by the payment agent by the end of March with payment details.  Borrowers will not be required to execute a waiver of any legal claims they may have against their servicer as a condition for receiving payment.  In addition, the servicers' internal complaint process will remain available to borrowers.  

      The agencies continue to work to reach similar agreements in principle with other servicers that are not parties to the agreement announced today, but that are also subject to enforcement actions for deficient practices in mortgage loan servicing and foreclosure processing.  

      OCC and Federal Reserve examiners are continuing to closely monitor the servicers' implementation of plans required by the enforcement actions issued in April 2011 to correct the unsafe and unsound mortgage servicing and foreclosure practices
    • 0
      Mary Ann replies to N. K.
      No don't give up. File a formal complaint with the office of the comptroller of the currency in Washington DC. It is a simple online process. Then file a complaint withhyour congressional reps, state reps, and your state attorney general's office. Don't let them wear you down. It is your hard earned money that they are trying to steal from you.
  • 0
    T.S.
    | 3 replies
    Same issues here too.  We had our loan modified in 2011.  B of A applied our 2nd modified payment to our principal balance rather then our payment so they are showing we are behind by one month.  I have bank statements showing when I made all of our payments on time.  I also had someone show up at our house wanting to take photos.  Our kids were outside and told them if they snapped one photo, we were calling the cops. (not knowing if this person was a child molester or what using B of A scam to get photos of kids).  They left. I had been fighting B of A since 2011.  I've sent them proof of payments multiple times but they still insist we are late.  I finally went into a branch and the branch manager called on my behalf.  She was great and could see that I had all the proper documentation. As of now, my "case" has to be sent to a different department that can fix the misapplication and reverse the 2 years of late fees.  I have to check back with them in 45 days. If it's not fixed the branch manager told me she would get the regional manager involved.  I also have the email for the President of B of A and I will be contacting my local media outlets.  We have a number of different news caster that will go to bat for you with companies if you can prove you are correct.
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      allison replies to T.S.
      | 1 reply
      Same same same issue with bofa.  They have now put a sale date on my house for July 25, they say I am 14 payments past due, 5 of those they sent back to me a month ago because they said they could no longer accept payments.  So nine payments are unaccounted for on their end, but I have my copies of the cashiers checks.  The cashiers checks were from my boyfriends bank and he was able to obtain the backs of the checks showing the endorsements and the dates that they were cashed.  Well every check that bof claims they do not have, we show has been cashed by bofa.  Some checks have no endorsements so we cannot see where they applied the money, a couple checks have been cashed and my account number is on the endorsement but no record of posting to my account.  Its so confusing and so frustrating.  I have a realtor friend of mine helping me, shes is writing letters to the legal dept at bofa, and other agencies.  I also have the branch manager of my local bofa branch, who admits that something isnt right, helping make phone calls and trying to get some answers for me.  I am calling the research dept in a minute to see if they have researched these checks, hopefully they have some answers.  I can have the sale date postponed if this isnt resolved by July 25, so at least my house wont be sold right out from under me.  This is very disheartening and very discouraging.  If it wasnt for these people helping me I may have been inclined to give up, this is their MO.  They confuse the homeowner, make it really difficult to talk to anyone that can do anything to resolve the problem, transfer you from one rep to another, bounce you around from "your dedicated single point of contact" to another, then right when you think this person is going to help you, they are not assigned to your case anymore and now you have to reexplain it all to someone new, who usually cant access your info, how convenient huh.  Then you get transfered from one dept to another, so you think, but end up back at the same dept you initially called 2 hours ago.  I can see how some people could totally lose hope and stop fighting.  There arent enough hours in the day as it is, with work, kids, school, family, husband grocery shopping, excercising, sleeping, and then having the stress and anxiety that your home, the place your little girl calls home and lays her sweet little head down at night in, the place you put your heart and soul into making it a home for her, something she can be proud of when her little 5 year old friends come to play, is being taken from you illegally.  Who has time for this, and who really has the money to fight this is court, in the end it takes a toll no matter the outcome.  BofA should be held liable for the mistakes, everyone else has to, why are they untouchable, why are they able to screw with our lives and our sense of security.  No one should be able to get away with this, its a crime, but who is going to do something about it, BofA is huge and they have a lot of happy customers, and I would bet those are the one with alot of money, but us middle class folks have very little recourse, we live paycheck to paycheck trying to make ends meet.  we arent poor but we arent rich, but most of us are happy and we are willing to work hard to get ahead.  We can afford nice things, we can buy a boat or take a 1 week vacation once a year, we shop at target and walmart and love thrift stores because we can buy 5 pairs of designer jeans for the price of one at a dept store.  We do alot of home repairs and maintenance ourselves and alot of weekends are dedicated to gardening or fixing something.  Its enjoyable because it is ours, and we have put our heart and soul into our little place we call home.
      • 0
        T.S. replies to allison
        I would encourage everyone who is fighting this miss application of payments on B of A's part to take all of their documentation into a branch and meet with the branch manager.  As long as you have proof that you have paid every payment.  Maybe the branch management will feel the same frustration as us the costumers. Maybe the branch management will start to talk to their regional management and it could work its way up the ladder until these issues get resolved.  I'm getting discouraged by the amount of identical complaints I'm reading.   I fear B of A is not researching the miss applications and this is going to go on forever.
    • +1
      Mary Ann replies to T.S.
      File a formal complaint with the office of the comptroller of the currency in Washington DC. It is a very easy process. Then start  filing complaints with your congressional reps, state reps, and your state attorney general's office.
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