BAC tries to foreclose on same home, twice!

ComplaintsFinancesBank of America Home Loans

Complaint

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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.

Comments

  • 0
    frustrated home owner
    | 2 replies
    Dory. I hope you get his message. Not sure if you are still looking for people with similar horror stories but we went through something very similar. I did not see your email to contact you. Please contact me at msbrunker@frontier.com

    Thank you!!
    • 0
      kathy replies to frustrated home owner
      also I am interested in a class action suit  katnevi@aol.com   please put somethng in the subject line so I dont delete me
    • 0
      kathy replies to frustrated home owner
      dory@ohiostreet.com or by phone 256-486-8085
  • 0
    Bonnie
    Received "AN INTENT TO FORECLOSE" from Bank of America .......NEVER BEEN LATE.....NEVER MISSED A PAYMENT!  Called BOA in September,  2012 after I received a letter stating that ESCROW would be added to my account for property taxes....6(six) years I've paid on time ALL OF MY OWN PROPERTY TAXES!  I DISPUTED THE ADDITION OF $259.69 A MONTH TO MY EXISTING PAYMENTS.....my total property taxes per year only amount to $1,534.00....-far less then $259.69 x 12 ($3,116.28).  AFTER NOT RECEIVING ANY SATISFACTION, I REPORTED BANK OF AMERICA TO THE BANKING COMMISSION.  IT WENT TO THE COMPTROLLER OF CURRENCY AND RIGHT BACK TO BOA!!!  THREE WEEKS FROM MY INQUIRY AND FILING THE COMPLAINT.....CURRENT ON MY PAYMENTS BUT UNWILLING TO PAY THE ASSIGNED ESCROW.......THE NOTICE OFINTENT TO FORECLOSE WAS FEDEXED ON 12/24/2012......MERRY FU**I** CHRISTMAS AMERICA.    HERE'S YOUR BANK.
  • 0
    Bonnie
    Received "AN INTENT TO FORECLOSE" from Bank of America .......NEVER BEEN LATE.....NEVER MISSED A PAYMENT!  Called BOA in September,  2012 after I received a letter stating that ESCROW would be added to my account for property taxes....6(six) years I've paid on time ALL OF MY OWN PROPERTY TAXES!  I DISPUTED THE ADDITION OF $259.69 A MONTH TO MY EXISTING PAYMENTS.....my total property taxes per year only amount to $1,534.00....-far less then $259.69 x 12 ($3,116.28).  AFTER NOT RECEIVING ANY SATISFACTION, I REPORTED BANK OF AMERICA TO THE BANKING COMMISSION.  IT WENT TO THE COMPTROLLER OF CURRENCY AND RIGHT BACK TO BOA!!!  THREE WEEKS FROM MY INQUIRY AND FILING THE COMPLAINT.....CURRENT ON MY PAYMENTS BUT UNWILLING TO PAY THE ASSIGNED ESCROW.......THE NOTICE OFINTENT TO FORECLOSE WAS FEDEXED ON 12/24/2012......MERRY FU**I** CHRISTMAS AMERICA.    HERE'S YOUR BANK.

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