BAC tries to foreclose on same home, twice!
Complaint
Dory Tallent
Country: United States
I HAVE READ EVERYONE’S HORROR STORIES ON THIS BLOG, AND I HATE THAT BANK OF AMERICA (AKA BAC HOME LOANS SERVICING LP) IS BEING ALLOWED TO OPERATE THIS WAY!!!
we have our own horror story…which I will make short.
Our nightmare started in late May 2009, when Countrywide got bought out by Bank of America. It’s been less than pleasant ever since. BAC immediately began foreclosure proceedings on our home, saying we were 5 months behind. I did the math, and we were one payment behind, not 5. Countrywide wasn’t that much better at posting payments! Two payments we had sent in to Countrywide went uncashed, and were never returned to us.
Well, my husband and I began working with a non-profit credit counselling place, and worked with BAC to obtain a loan mod, as we were instructed it was either pay the full reinstatement amount or do a loan modification or a short sale of our home. WE contacted BAC and had a rep help us in the Hope Dept. He took our financial information over the phone, and came to a conclusion that we did in fact pre-qualify for a modification. We needed to send in a hardship letter, copies of both our pay stubs for 2 weeks, copies of our monthly expenses, last 2 years tax returns, and 2 copies of our bank statements.It took BAC until the end of July to “approve” us for the final loan mod. Well, when we got the thing, it kept us at our current interest rate, hiked up our monthly payments from $855.19 to $938.00, and tacked 2 years onto the back of our mortgage. They also wanted “up front funds” to process the modification to the tune of $877. Well, they got all that, never posted they received the $877. We made all our payments (no trial payment period, this was an “in house” mod) on time, with no late fees, as per their modification (we were never told not to do so otherwise) for 8 months before someone from BAC calls us, telling us too much time has gone by and we needed to start the process over again! They showed us in April 2010 as being 16 payments behind! They were taking our payments and stashing them into a “fees due” account, and showing us delinquent every month. Oh, and during all those months our mortgage statements never changed over to reflect the modification price. We kept getting told, month after month by their oh-so-qualified-to-work-there reps “oh well the modification was approved, it’s in underwriting”, “just pay what’s on the mod, ignore the mortgage statements”, “oh well now it’s in the closing dept. so any day now your mortgage statements will change”…blah, blah, blah. they never did. We kept getting further and further behind. On top of that, they were escrowing our property taxes and additional homeowners insurance because BAC deemed we didn’t have enough coverage under our current homeowners policy. Plus, they still showed us 16 payments behind, as if we hadn’t paid on our loan in a year and a half. We were, in april 2010, over $18,000 in the hole with BAC in late fees, uncollected costs, past due payments, escrow fees, homeowners insurance fees.
We kept on paying them, and we got to August 2010, and BAC inadvertently “cancels” the loan modification right out from underneath us. doesn’t give us a reason, and doesn’t bother telling us. We just got a Notice of Intent along with our mortgage statement that month. I called in to find out what was wrong, and just got told it was “cancelled” with no reason listed. So, their Advocacy dept. took over. Advocacy has had our account from August 2010 up until the day BAC decided they were gonna start foreclosure proceedings (that as 2/28/11). I have contacted them numerous times, documented each and every call in a call log, have employee names and ID’s (when they will actually give them to you). This account has been “escalated” to more supervisors than I can count on my fingers and toes combined…to no avail. Nobody has done a darn thing to help me or my husband. You get transferred from one department to the next, and the next department doesnt have the same information the first department had. There is constant miscommunication between their departments, and we have had our fair share of rude representatives speak to us.
One call in particular really ticked me off…December 14, 2010 I call BAC and get an actual rep, probably the only one in the building with a conscience, and she tells me there’s a note, plain as day on the account dated for ONE YEAR PRIOR…that says “12/14/2009 –note from closing dept. to workout negotiator: error on loan modification document. negotiator needs to resend loan mod docs to customer asap.” Well folks, she couldn’t find where those documents EVER LEFT THEIR BUILDING! The workout negotiator dropped the doggone ball, and BAC kept on collecting our money, for an entire year!!!
In Jan. 2011 I called in at the end of that month to make payment arrangements, because we had been getting Notices of Intent to Accelerate since August (along with collections calls from 800-669-0102, sometimes 3- 8 a day, 7 days a week). I knew we couldn’t keep going on this, relying on the Advocacy Dept. to grow a pair and actually help us…so I called in to make payment arrangements for what they “said” we were behind. A lady named C@*#y helped me in Advocacy dept. She took our financial info, ran the numbers up the flagpole, and came back adn asked just how much we could put down to secure the repay plan. I told her we could feasibly do $2000.00 and she said they could work with that. So, she determined that we would have to make 5 more payments of $2653.00 to get current, adn she would set those up to be an automatic draft out of my checking account. Well, she took my checking info, had “computer issues” and said she’d call back. to this day that woman has never called me back. I have called in numerous times, before I finally got frustrated and just mailed in the dang payment of $2800.00 in February, to get that pay plan set up. Each rep was afraid to do anything, saying this lady had put a note in the computer that she’d follow up at a later date/time with homeowner. Nobody wanted to “step on her toes” and do the repay while I was on the phone. I got tired of their crap and just mailed the payment in…so you’d think this would have satisfied my end of the deal towards whatever repay plan Miss C@#$y had tried to set me up on? NOPE!!! On 2/28/11 BAC began foreclosure proceedings on my home.
I have hired legal counsel who would love to put together a pattern of behavior in court against BAC. If you’re interested, please email me at dory@ohiostreet.com or by phone 256-486-8085. Our attorneys are out of Birmingham, AL and we are desperately needing people to come forward and provide us with affadavits of their dealings with BAC to take to court to prove a pattern of behavior against BAC. If you can or are willing to help me, please contact me. In turn, I will provide you with an affadavit to use in suit against BAC as well. Thank you.
we have our own horror story…which I will make short.
Our nightmare started in late May 2009, when Countrywide got bought out by Bank of America. It’s been less than pleasant ever since. BAC immediately began foreclosure proceedings on our home, saying we were 5 months behind. I did the math, and we were one payment behind, not 5. Countrywide wasn’t that much better at posting payments! Two payments we had sent in to Countrywide went uncashed, and were never returned to us.
Well, my husband and I began working with a non-profit credit counselling place, and worked with BAC to obtain a loan mod, as we were instructed it was either pay the full reinstatement amount or do a loan modification or a short sale of our home. WE contacted BAC and had a rep help us in the Hope Dept. He took our financial information over the phone, and came to a conclusion that we did in fact pre-qualify for a modification. We needed to send in a hardship letter, copies of both our pay stubs for 2 weeks, copies of our monthly expenses, last 2 years tax returns, and 2 copies of our bank statements.It took BAC until the end of July to “approve” us for the final loan mod. Well, when we got the thing, it kept us at our current interest rate, hiked up our monthly payments from $855.19 to $938.00, and tacked 2 years onto the back of our mortgage. They also wanted “up front funds” to process the modification to the tune of $877. Well, they got all that, never posted they received the $877. We made all our payments (no trial payment period, this was an “in house” mod) on time, with no late fees, as per their modification (we were never told not to do so otherwise) for 8 months before someone from BAC calls us, telling us too much time has gone by and we needed to start the process over again! They showed us in April 2010 as being 16 payments behind! They were taking our payments and stashing them into a “fees due” account, and showing us delinquent every month. Oh, and during all those months our mortgage statements never changed over to reflect the modification price. We kept getting told, month after month by their oh-so-qualified-to-work-there reps “oh well the modification was approved, it’s in underwriting”, “just pay what’s on the mod, ignore the mortgage statements”, “oh well now it’s in the closing dept. so any day now your mortgage statements will change”…blah, blah, blah. they never did. We kept getting further and further behind. On top of that, they were escrowing our property taxes and additional homeowners insurance because BAC deemed we didn’t have enough coverage under our current homeowners policy. Plus, they still showed us 16 payments behind, as if we hadn’t paid on our loan in a year and a half. We were, in april 2010, over $18,000 in the hole with BAC in late fees, uncollected costs, past due payments, escrow fees, homeowners insurance fees.
We kept on paying them, and we got to August 2010, and BAC inadvertently “cancels” the loan modification right out from underneath us. doesn’t give us a reason, and doesn’t bother telling us. We just got a Notice of Intent along with our mortgage statement that month. I called in to find out what was wrong, and just got told it was “cancelled” with no reason listed. So, their Advocacy dept. took over. Advocacy has had our account from August 2010 up until the day BAC decided they were gonna start foreclosure proceedings (that as 2/28/11). I have contacted them numerous times, documented each and every call in a call log, have employee names and ID’s (when they will actually give them to you). This account has been “escalated” to more supervisors than I can count on my fingers and toes combined…to no avail. Nobody has done a darn thing to help me or my husband. You get transferred from one department to the next, and the next department doesnt have the same information the first department had. There is constant miscommunication between their departments, and we have had our fair share of rude representatives speak to us.
One call in particular really ticked me off…December 14, 2010 I call BAC and get an actual rep, probably the only one in the building with a conscience, and she tells me there’s a note, plain as day on the account dated for ONE YEAR PRIOR…that says “12/14/2009 –note from closing dept. to workout negotiator: error on loan modification document. negotiator needs to resend loan mod docs to customer asap.” Well folks, she couldn’t find where those documents EVER LEFT THEIR BUILDING! The workout negotiator dropped the doggone ball, and BAC kept on collecting our money, for an entire year!!!
In Jan. 2011 I called in at the end of that month to make payment arrangements, because we had been getting Notices of Intent to Accelerate since August (along with collections calls from 800-669-0102, sometimes 3- 8 a day, 7 days a week). I knew we couldn’t keep going on this, relying on the Advocacy Dept. to grow a pair and actually help us…so I called in to make payment arrangements for what they “said” we were behind. A lady named C@*#y helped me in Advocacy dept. She took our financial info, ran the numbers up the flagpole, and came back adn asked just how much we could put down to secure the repay plan. I told her we could feasibly do $2000.00 and she said they could work with that. So, she determined that we would have to make 5 more payments of $2653.00 to get current, adn she would set those up to be an automatic draft out of my checking account. Well, she took my checking info, had “computer issues” and said she’d call back. to this day that woman has never called me back. I have called in numerous times, before I finally got frustrated and just mailed in the dang payment of $2800.00 in February, to get that pay plan set up. Each rep was afraid to do anything, saying this lady had put a note in the computer that she’d follow up at a later date/time with homeowner. Nobody wanted to “step on her toes” and do the repay while I was on the phone. I got tired of their crap and just mailed the payment in…so you’d think this would have satisfied my end of the deal towards whatever repay plan Miss C@#$y had tried to set me up on? NOPE!!! On 2/28/11 BAC began foreclosure proceedings on my home.
I have hired legal counsel who would love to put together a pattern of behavior in court against BAC. If you’re interested, please email me at dory@ohiostreet.com or by phone 256-486-8085. Our attorneys are out of Birmingham, AL and we are desperately needing people to come forward and provide us with affadavits of their dealings with BAC to take to court to prove a pattern of behavior against BAC. If you can or are willing to help me, please contact me. In turn, I will provide you with an affadavit to use in suit against BAC as well. Thank you.
Comments
Like everyone else, I started off with a Countrywide mortgage. I have to say they were fantastic. Always very easy to work with if you had a question or concern.
Of course, that all stopped when Bank of America took them over.
A few times in the last couple of years I have found myself short of funds. Never due to employment. Thankfully my boyfriend and I have pretty secure jobs. The reason I would find myself short was usually unexpected expenses, i.e. car repairs, books for my daughters college, high gas bills in the winter, etc...
THe last time I tried contacting BOA to find out if I could just short my mortgage payment by $200.00 and I would pay that $200.00 with next months payment (this amount would have actually come off my Escrow because they post to principle and interest first) I was told my only option was to pay late and try for a home modification, which we don't qualify for anyway because we did not lose our jobs.
This bank is ridiculous. All I was asking for was a 1 month extension. Wouldn't that be cheaper for them then to send me late notices and whatnot...the whole system is a mess.
Your already in danger of losing your home. Surely does not hurt to try it.
tied up in a neat little package. I contacted hud and then was sent back to bac and then
back to hud. I felt like a ping pong ball. Now that they want to forclose and take the house I'm
done fighting. They can have it, with my blessings. I've filled out papers and sent all docs,
and called every week to try to figure this craziness out, But the bank and the government won. So
now I'm off this merri-go-round and I'll be happier without the hassels and maybe my credit will be bad for awhile but I won't lose any more sleep over these idiots. I've worked on this for over 12 months and it's not worth it!!!!
been jerking us around.
They told me if i paid off my car i would get the loan. Well we did 20,000 guess what still
nothing they keep asking for other things that didn't make sense our attorney provided that
wasn't ever enough for them.
we had 4 extensions & on the last one they waited till the afternoon of the last day to ask
for additional things that was the last straw we just told them off cancelled our loan we could
not take the b.s anymore.
We paid 400. for the appraisal we can't use & now started a new loan with another Co.
We r hoping this time we will be able to close the deal. We r lucky the seller are being understanding
since it was explained to them about our ordeal. Bank of America is the WORST!!! I WILL NEVER DO BUSINESS WITH THEM AGAIN EVER!!
WE ARE IN THE SAME BOAT MISS KARIE THEY THE INCOME RATIO FORMULA THEY USE IS OUT OF WHACK, JUST GOT OFF THE PHONE WITH THEM TODAY AND THEY SAID OUR INCOME IS THE SAME REALLY PEOPLE? IT IS WAY OFF
HOW ARE THEY COMING UP $800 MORE NUMBERS ARE TOTALLY SCREWED UP WE MAKE MUCH LESS TOTAL NET INCOME IS 2900 AND THEY SAID IT IS 3800 UGH I HATE THIS BACK PLUS THE PROCESS HAS TAKEN A LONG TIME. WHEN WE REQUESTED FOR A LOAN MOD THAT WAS BACK IN WHEN WE WHERE ONLY 7 MONTH BEHIND.(BACK IN 2009)..IT 08/30/2012 AND WE FINALLY GOT A RESPONSE AFTER GOING THROUGH 8 DIFFERENT CASE MANAGERS ONLY TO TELL US THAT WE DONT QUAILIFY BECAUSE WE ARE 12 MONTHS PAST DUE REALLY WHY DID IT TAKE SO LONG TO GET A RESPONSE BACK
I am getting calls from them and when I return the call the designated home loan officer is never available.
I have also scheduled 3 call appointments and none were followed up by the designated officer.