Homeowners File Class Action Lawsuit Against Bank Of America For Allegedly Failing To Modify Troubled Mortgages
A class action lawsuit was filed against Bank of America in U.S. District Court, Western District of Washington (Seattle), No. 10-00488, on behalf of homeowners alleging that Bank of America reneged on a promise to modify troubled mortgages as a condition to accepting twenty five billion dollars of federal bailout money, according to a class action news report at news.yahoo.com/s/nm/20100323/us_nm/us_bankofamerica_mortgage_lawsuit.
The Bank of America class action lawsuit reportedly alleges that Bank of America agreed to take part in the U.S. Treasury Department’s $75 billion Home Affordable Modification Program (HAMP) since it accepted bailout funds from the Troubled Asset Relief Program (TARP), but allegedly had an incentive not to modify loans because doing so might cause it to repurchase more loans, collect lower servicing fees, or assess lower default charges because fewer payments would be deemed late.
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Don S :
Please help!!!!!!!!!!!!!!!!!!
This is Margo. I just called Legal Aide and was told that my court hearing date was yesterday. The paperwork from the courts states that my hearing date is set for October 8 2010 at 1:oo p.m. in Moreno Valley. I called the courts and spoke with a supervisor and she doesn’t understand either and is researching this . I am so upset. A sheriff is going to come to my house and post a 5 day notice stating I have to move. This is not right. The supervisor stated I shoud have been in court on the 20th of August. That was the date FannyMae had to file by in order to request a hearing. I called the courts at 10, 12, 2, and 3 and was told they didn’t file yet. I called at 4 and was told they filed at 3:45 pm. I was told then that the trial date was set for October 8th, 2010 at 1pm. If I was suppose to be in court then why were they allowed to file at 3:45 pm to request a trial? and why did the court send me a court date hearing of October 8, 2010 and not yesterday? I am really upset. I am starting to believe that no matter what everybody has their hands in everybodys pockets and no matter what I can kiss my home goodby. Even if I follow the laws they don’t have to because of what is happening. What do I do now?
Margo
Don S:
All of the dates of their requests are August 6th 2010. All of their requests on that date were not filed because they filed on the 20th of August, and I saved the envelopes. There file for request on the 20th is even dated the 6th, that was granted and trial date set for the 8th of October. Nothing I have states anything about a hearing date set for yesterday. Sounds like someone has an in at the courthouse and just allows stuff to go through even though its not according to the law. So even if I follow the law it doesn’t matter they don’t have to . So how can I be sure to get a judge that follows the law when stuff like this happens?
Margo
Margo …
I’m SO sorry to hear you’re going through this … really!
Remember, I’m not a lawyer. I can only “suggest” what I might do in your position. I’m familiar enough with courts to know that what I’m about to suggest isn’t easy, but it might be worth a try.
It’s not the job of court clerks to teach us the law. They like dealing with lawyers and police officers who know procedure. Many aren’t patient with people off the street.
If I were you, I’d go to the county clerk (not telephone) at the county courthouse and ask how to file a “stay.” What you’re asking for is a hearing before a judge … essentially an emergency hearing to show your documents and tell your side of the story, which you weren’t given the chance to do, by what you’re saying about the papers in your possession.
Maybe you’ll get a compassionate clerk that will allow you to file for a hearing and give you the proper document to fill out to request it.
There would also be what’s called a “writ,” but I’m not sure which one you should ask for, and States and counties vary. The point would be to plead with the clerk for assistance, or ask for a supervisor (as you have done) to explain what you’re trying to do … which is to get heard by a judge before any other step is taken.
If you can get before a judge within a day or two or three, maybe he/she will see the monkeyshines in the papers you have and make a more positive decision about the disposition of your case.
However, they may make you wait for the 8th and simply close the door in your face. You never know who is going to favor who or what they think of “the general public.”
What does Legal Aide say? Are they taking your case? Do you qualify? Is there ANYONE in the legal field you know that can advise you on a stay or writ? Just a half hour of their time?
Study your papers and confirm the chronological order. Make copies to provide to the judge and/or lawyer or Legal Aide. If you can afford a few dollars, have the copies notarized (actually copied by the notary).
Be calm and explain your situation clearly when you go to the clerk. Don’t go into great detail. Don’t get emotional. They’ll see the emotion anyway, no matter what you say. Emphasize the fact that you’re a tax-paying resident homeowner. That’s who they’re supposed to be working for.
Have you contacted your (Federal) Congressperson and State Representative? They can’t advise you legally, but they can “complain” officially and monitor both the courts and the lawyers’ and BofA’s performance.
My Congressman’s office literally filed a “Congressional Inquiry” into my case (along with my Assemblywoman’s office) and are monitoring BofA … although I still have to perform and provide accurate and complete documents.
You’re California aren’t you? What about contacting Hagens Berman about their California suit?
hbsslaw.com/cases-and-investigations/BoA_HomeLoans
In my county, you are not eligible for free legal aid if you have a house—even though you don’t own it and are fighting not to lose it! Geez, I love my government!!
I’m interested in a class action or individual(s) lawsuit against BOA for harm done to my credit because of their dragging their feet on my home modification application. I called monthly! Always asked for status. No one ever told me my account could be harmed by paying the trial payment; instead, they told me that if I paid the regular/full amount, my application would be immediately terminated. This summer (after 9 months of waiting), we got a letter asking us to sign a deed in lieu of foreclosure. On calling to find out what that was all about, I learned they had denied our loan 3 weeks prior and our account had become delinquent back in JUNE! I managed to bring the payment current by phone on August 31st before it would have gone another month behind the next day. Now our credit is harmed and we previously had perfect credit. We asked for a reduction in payments when I lost my job, complied with every request, followed up diligently, made all trial payments on time and Icalled at least once a month to find out if they needed anything else or what the holdup might be. Even wrote to my US Senator and requested assistance in getting it resolved back in April or May. I’m interested in sueing! If anyone is aware of a class action suit in Alabama, or that includes residents of Alabama, please contact me at jennettp@att.net.
Do not be so sure that the bank has not set a sale date.
They will NOT notify you.
Check their foreclosure servicers website @
http://www.recontrust.com
look for your state and county and check daily for your address
if you find your home on this site, make sure and write down and keep their reference # so you can go back in and see when and what they sold your home for, much of the time the sale is far below what is owed and far below the current market value.
Well here’s a new one for you all. Back in July of 2009 I was getting my paperwork together for submission on a mod. Out of the blue I receive a Fedex package. “Your loan modification has been approved.” New lower interest rate, longer term (30 to40). It would save me $220 bucks a month! AND I didn’t have to make the August payment. Hmmm…. It was signed “The HOPE Team.” They still have not reconciled my account to the new agreement. All the while calling each month to verify that everything was okay with the loan and the modification. “Yes I see where the modification was received and accepted.” Later, “yes, everything is just fine with your loan.”
This past month my local branch refused to accept my payment. They said they were no longer able to accept “work-around loan payments.”
I finally got that sinking feeling and insisted on speaking to someone who could provide answers. On hold and transferred but finally got to a gal who had the balls to tell me that “Oh, I’m so sorry! Your loan modification was not funded! Oh, I’m sorry to have to tell you this. You were not the only one. Weren’t you notified last November by email or phone? I’m sorry you must have been one of those customers that slipped through the cracks.” I’ll make sure that DeVaughn Rettig returns your call.” I don’t look for them to call. She took my modified loan payment and waived the $20 phone-in fee. In my book, and I hope in the law books, BoA’s acceptance of my modified loan payment is proof enough that they approved the Loan Modification.
I’m meeting with my attorney tomorrow to put together a plan of action. Most likely a class action. Please email me at pwdrpuffr@hotmail.com if you know of anyone in Arkansas who has fallen to the same fate. Good Luck to You All! Karen
Hi, I been trying to get loan mod for over year.I spent average of 2-5 hours each time with them on the phone. All they do is transfer my call one to other. I just spoke to them and they threatend to foreclose my home next week. I live in naperville. is there anybody in my area going to file class action suite against BOA? please call me 773-225-6479cell
BOA shame on you and please change your name to BANK OF FRAUD
Here is the response I got from SIGTARP; notice the office they forwarded the complaint to
Office of Financial Stability (part HAMP)
http://www.ustreas.gov
The Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) is in receipt of your email dated August 31, 2010.
SIGTARP investigates fraud, waste, and abuse associated with TARP funds; your email does not include such allegations. SIGTARP is not authorized to mediate or intervene with your loan servicer regarding your home loan. Contact the HOPE Hotline and request to speak to a member of the HAMP Escalation Team for guidance and advice regarding your issues. You can reach the HOPE Hotline via telephone at (888) 995-HOPE. For more information about the Making Home Affordable Program, please visit the following website: http://www.makinghomeaffordable.gov.
SIGTARP regards your issues as very important. As such, we have forwarded them to the appropriate personnel at the Office of Financial Stability’s Home Affordable Modification Program.
Sincerely,
SIGTARP Hotline
Special Inspector General – TARP
U.S. Department of Treasury
1.877.SIG.2009 (1.877.744.2009)
SIGTARP.gov
Through Lo’s link above, I noticed the following link …
This was a full year ago, but it gives you specific names to possibly contact … note the list of Attorneys General …
makinghomeaffordable.gov/pr_09172009.html
They need their attention on the immediate loan servicer … you-know-who … not the mortgage rescue schemers.
Here’s a thought … with all of his “good intentions” … why not contact Mr. Obama’s office directly?
http://www.whitehouse.gov/contact
It might fall on a White House staff’s deaf ear, but you never know. Write anyway.
Numbers … again, it’s all about numbers of people.
I have contacted Mr. “President” Obama and recieved a “canned” response. Was a total waste of my time.
Bev …
The canned response is 100% expected … but the good thing is they have another number in their system racked in as a complaint. A thousand complaints … or ten thousand … they can’t ignore.
No way was it a waste of your time. Convince as man people as you can to write in, particularly if they care about your situation, even if they’re not in it themselves.
It’s all about the numbers they compile. Never discount your value when you’re in the right, especially if MANY people are in the right and SAY SO … and you said so.
OK……here’s my story and god help me if I am waiting on the modification that won’t be coming. I missed two payments on my BOA mortgage. Was in contact with bank and on the third month was given a figure to pay to catch me up. Paid said amount and ten days later was put into foreclosure. This was a year ago and I am still fighting. They sent my money back and every month I pay my mortgage, they keep it for a month and send it back. They went to court with out me, got a sale date. I had a lawyer and they failed to inform my lawyer about the court date. Got them to ex parte that final judgement, I got my day in court. They called day of court hearing and said they had no one able to make hearing. We went in front of the judge and he asked if we were making our payments, I showed bank records of payments he dismissed the case. Now mind you this has been going on for a year now. This past weekend I was told by my boss no less that the sale of my house was posted in the newspaper and was set for sept 20th. The bank still is sending my money back after keeping it for a month and haven’t heard from the modification, I called and they said its in the works. Oh and by the way, BOA lawyers kept insisting that I missed a payment in april and I had their check that they sent back to me. Something needs to happen to BOA and soon.
Hello Everyone this is Margo and I just got back from court. Well lets just say that I really need to start packing because I lost. The attorney’s for Fanny Mae basicly filed for an extension because they needed more time they got it. The date of my hearing was to be October 8th, 2010. Then they had a meeting with the judge, I wasn’t notified and they set a new trial date for the 7th of September yesterday and I wasn’t notified. Their paperwork states I was but I wasn’t. The only paperwork I received was for the October 8 date,
So they received their judgement and won the trial. So a sheriff will be posting a 5 day notice in 3 days and I have to be gone in 8 days. Yes i can file and get an exparte hearing but what is the use? The judges have their hands in the lenders pockets and the lenders in the judges along with the court clerks. I know there is no justice there is only the law, but they have their own laws and it doesn’t matter what is right , wrong, it’s only about what they want and what we lose.
This is not AMERICA, and what do I teach my children about AMERICA and our JUSTICE SYSTEM? iAM TAKING MY BALL AND I DON’T WANT TO PLAY ANYMORE, WELL AT LEAST ON THIS PLAYGROUND!!!!!!!!!!!!!!!!!!!!!!!!!!!
GOOD LUCK TO ALL OF YOU.
MARGO
My heart is with you too Margo. I’m so sorry. I sincerely wish you all the best. Wish there was more we could have done. Be well. — Don
To Margo, My Heart goes out to you. I’m in total agreement that money is crossing hands in the system, but how the Hell are you, me, or anyone that’s not “part of the system” going to find it, or do anything about it? What did your Attorney have to say about it? I’m Truly Sorry, and I’m as outraged as you. I’ve chosen to just let BAC take my Condo, and remain silent; especially after reading all of the horror stories on this, and other sites. I wish you the Best, and all I can do is give you my heartfelt sympathy, and share your Anger. Sincerly, Bill…
well nathan just read here
Thought I should post this here …
For all you Georgians, a fellow named Nathan Williams posted on a previous page. He seems to be an attorney in a firm in Georgia and their web site is … http://www.clarkandwilliams.com/
He’s looking for people and information from Georgia possibly pursuing a class action suit.
I am married and my husband and I bought our first home in 2006. At this time I was still at my job which I got paid very well at and we were financially well set. I just lost my job in July of this year and now we are only living on one income and unemployment which isn’t much and not enough to pay our high mortgage and mortgage rate since the market plummeted.
We have spoken to our lender (BOA) about the options available to us. They told us to keep paying the payments and we can just send what we can in. Now if we do that, we will take a hit to our credit every time we are late and that the payments will only be in a hold status till they receive the full payment. Not once did they mention any programs such as the HAMP/ FHA-HAMP/TARP/Modification and etc. Okay so we have tried the payment thing and that is being unsuccessful. We are now 3 months behind. I did a lot of research and found stuff on the Hope for Homeowners Program and the Making Homes Affordable Program.
I contacted the HOPE hotline and they set us up for the HUD Approved class. We sat for that class on September 7th and got certified. The next day we contacted the counselor to help us fill in the application. She took all our info. and monthly income and expenses. She came back stating we qualified for the FHA-HAMP program but she also wanted to do 3 way with our lender (BOA). We ended up doing a 3 way call with BOA and they took all the info. that the HOPE counselor took. They inputted it in their system and came back saying that we didn’t qualify at all for the FHA-HAMP program/ any outside programs and even their inside programs. BOA said that we don’t have enough income to do any type of programs. First of all who are they to judge what we can afford and not based on estimated calculations they took? They did even offer us a trial period to see if we can afford the new payments. The BOA person told us that in order for us to get any help, we needed to catch up and not be delinquent on our payments. Once we catch up then they can help. How is that possible? We won’t get any help nor relief if we keep paying our current mortgage and interest rate that obviously we cannot afford. I have also read and heard from many who also have BOA as a lender and they do nothing but run people around and give no relief to those who want help. They got bailed out from the government but aren’t willing to do what they are suppose to do for the consumers.
My husband and I are very serious people and we want to keep our home, not dump it. We worked hard for 8 years to get where we are today. We don’t want our home taken from us in less than a year after 8 years of working hard to live the American Dream. We are very scared and very frustrated with the treatment we are receiving. Our mortgage is 1728.20 a month and the interest rate we currently have is 6.25. Our house was appraised a few years ago in 2007 at 200,000 (when we refied) which with this market isn’t even close to that…probably only worth 145-150,000 now. So we are paying way above the 31% on our house which we are paying our mortgage on a 185,000 dollar house that we still owe.
What do we need to do to get help? I have emailed our Attorney General and also our Ill. State Representative. Hope something makes a difference!
Lets get this class action going on BOA! What a bunch of dirt bags they are.
To: All of You Wonderful People out there that sent loving and sincere thoughts of my hardship I thank you from the bottom of my heart. I felt so very alone and empty today and yes even though I am crying my eyes out after reading all of your thoughts I do feel better and not so alone.
TO THOSE OF YOU THAT BOA FILED AN UNLAWFUL DETAINER WITH, THIS APPLIES TO THE STATE OF CALIFORNIA BECAUSE I DON’T KNOW THE LAWS IN OTHER STATES AND I AM NOT AN ATTORNEY, BUT I DO HAVE FIRST HAND INFORMATION. AFTER YOU RESPOND TO THE UNLAWFUL DETAINER( YOU HAVE 5 DAYS TO DO SO) THEY HAVE 90 DAYS TO REQUEST A HEARING. NOW LISTEN THIS IS WHERE THEY GOT ME, ON THE 90TH DAY WHICH WAS AUGUST 20TH, 2010 DON’T WAIT FOR THEM TO FILE, YOU BE AT THE COURTHOUSE WITH AN OSC FOR A DISMISSEL WHEN THE COURT OPENS. HAVE ALL OF THE NECESSARY PAPERWORK ALREADY COMPLETED, EVEN GO AS FAR AS HAVING AN EXPARTE COMPLETED AND GET THAT FILED ASAP. WHAT THEIR GAME IS THEY GO INTO COURT AROUND lPM, AND REQUEST A POSTPONEMENT BECAUSE THEY SAY THEY NEED MORE TIME, THEN AFTER THAT IS GRANTED, THEY GO IN WITH AN EXPARTE TO SPEAK WITH THE JUDGE, EVEN THOUGH YOU HAD NO INSTRUCTION TO BE THERE THIS IS GRANTED TO THEM, IT WILL SHOW EVERYONE THERE BUT YOURSELF LIKE A REGULAR HEARING AND THEY REQUEST THE TRIAL TO BE SOONER, THIS IS GRANTED FOR WITHIN THAT 20 DAY PERIOD. THE CLERKS GET CONFUSED AND FIRST SEE THE HEARING SET, AND THEN THEY SEE THE POSTPONEMENT AND DECIDE THAT THE POSTPONEMENT OVERRIDES THE HEARING DATE AND SENDS OUT NOTIFICATION TO YOU THAT THE DATE HAS BEEN POSTPONED. YOU WILL NEVER GET THE NOTIFICATION THAT THE HEARING DATE HAS BEEN BROUGHT UP SOONER, AND THAT IS HOW THEY GET THE DEFAULT GRANTED AND THE CASE DISMISSED, SO THE SHERIFF CAN COME TO YOUR DOOR WITHIN THE NEXT 5 DAYS TO POST A 5 DAY NOTICE. MAKE SURE YOU GO ONLINE EVERYMORING, NOON AND NIGHT TO SEE IF ANYTHING HAS HAPPENED WITH YOUR CASE.
I HOPE THIS HELPS AT LEAST ONE OF YOU FROM GOING THROUGH WHAT I DID TODAY, I AM STILL VERY ANGRY THAT THESE GAMES ARE PLAYED, AND OUR JUSTICE SYSTEM HAS RESIDED TO THIS TYPE OF BEHAVIOR, AND WE AS THE PEOPLE FOR THE PEOPLE CAN’T DO ANYTHING ABOUT IT BECAUSE OF THE DIRTY VERMAN WE HAVE IN OFFICE IN OUR COURTHOUSES.
I HOPE SOMEDAY SOON SOMETHING WILL WAKE UP AMERICA AND WE START TO FIGHT BACK EVEN THESE TYPES. I HAVE TO START PACKING NOW BECAUSE I REALLY DO FEEL THE SHERIFF WILL BE HERE WITHIN THE NEXT THREE DAYS TO POST MY 5 DAY.
SINCERELY,
MARGO LA BAYNE
Reading Margo’s outcome is truly disheartening. My heart goes out to her and others who despite valiant and sincere efforts have been evicted from their homes.
Whether contract or civil law Americans should be able to expect reasonable treatment before a judge and, as a potentially injured party, be given the benefit of a doubt on something as simple as this date issue. I have learned, from other experiences in the system, that judges don’t like a full docket and will take almost any excuse to clear a case from their “load”. It’s not about equity or justice. It’s about their next golf date.
America is in a very sad state of affairs when thieves are permitted to operate with impunity within our financial system. These same thieves serve on the councils of their churches and synagogues.
Though impractical, I wish we could physically rally around Margo’s property and stand as a human palisade against the Sheriff, Fannie and Bank of America. Perhaps a palisade of the displaced and soon to be displaced laying siege around the White House and Capitol would get someone’s attention. Better still a siege laid by those who are outraged but not yet with their necks in a noose. If Glenn Beck and the Tea Party can pull it off. Perhaps the site of a mass of American mortgagors in DC and around State Capitols on the same day….ELECTION DAY….would have a moral impact.
Well, we got a statement from BOA yesterday. I had to laugh. They “modified” our mortgage alright!! Our original mortgage was $1182 (trial payment is $1046)….BUT…our new statement reflects that our new payment will be $2286. THANK YOU BOA – that’ right…if I can’t afford my regular payment….I can certainly affort $400 more!
On another note, we did hear from our Delegate. They have gotten our file bumped in the president/ceo’s office. I’m not sure if this is a good thing or not.
We still have the “notice to accelerate” looming over our heads. We have to give them $7200 by 9/24. I’m not sure what in the world will happen then. After reading the one post of the people that had their money held and returned after a month…month after month….I’m leery of giving them anything other than my trial payment. This money would have to come in the form of a loan from our son.
Still trying figure out what to do….seems we’re in a damned if you do…damned if you don’t…situation.
Margo … Have you called the TV news? Fox29 out of Philly drove an hour to interview me a week ago and it aired that Thursday along with another fellow’s story … myfoxphilly.com/dpp/news/local_news/mortgage-aide-program-gets-mixed-results
And what have your politicians said or done?
Carolyn Darden …
Please look back at recent posts by myself and others where information is available on how to proceed. I have a list of suggestions posted above. I can see that the most difficult obstacle most people need to understand is that a class action lawsuit MUST (at this point) be State-by-State. You need to locate people within your State and band together.
But that also implies another hurdle … YOU have to do the work. There is no “bandwagon” yet. Not really. There is no list simply to be added to. I’ve only seen one lawyer post a request, and that was yesterday (see above).
There are no superheroes out there fighting for your rights. Since this is about the Law, and not about Right and Wrong, the only kind of person that can help us is lawyers. Like anybody else, they need to make a living, too, so they want to see the money before they take a case on.
Now, John Wright started piggybankblog.com and has an interesting approach. He’s even compiling what might become evidence against BofA, but currently, his lawsuit is private … just him.
Ted …
You hit the nail on the head. People sit pretty with secure jobs and incomes and look down their noses at people who struggle. Often, these people force those who struggle to keep in the shadows out of simple embarrassment, ashamed that they aren’t “successful.”
I’d imagine there are hundreds if not thousands of people that haven’t even READ this blog because they gave up, let the bank take their home, and moved out of simple shame.
THAT’S WHAT THE BANK WANTS.
Remember, the courts can EASILY be viewed as “complicit” over the fact that every time BofA files something … ANYTHING … they get a fee. They likely LOVE the fact that we’re having all this trouble. We often take “court costs” for granted, like when paying a traffic ticket. A $25 fine becomes $100 over “court costs.” Courts LOVE people in trouble, because they collect money over it.
The more ignorant you are (not knowing), the more ashamed you are, the more emotional you are, the more money they get.
“Not knowing” is a key point here. By the time you find out (such as in Margo’s case), it’s too late. THEY KNOW THIS and always have. As I’ve stated, these are very, Very, VERY smart people … both courts and banks.
What’s absolutely GLORIOUS (sarcasm) about Statutory Law is the fact that one of its foundations is “Ignorance is No Excuse.” Since you don’t know the law, they can do just about anything they want to you … WITHOUT repercussion.
A pick-pocket will always smile while he is picking your pocket … or you won’t even know he’s there. A true thief convinces YOU to say “Thank you” while he’s taking your money. A con artist makes you believe it’s “normal” to give him your money, or even make you enthusiastic about giving it up. But the worst of the worst changes the rules of the game to FORCE you to pay … literally at the point of a gun.
That’s a court.
No, I’m not knocking “the rule of law.” But there was a few cases of tea dumped in Boston Harbor a few years ago over BAD laws. Those same 13 colonies of England fought and died to become a new nation over bad laws.
Just because it’s a law on the books doesn’t mean it’s Right, Just, Moral, Ethical or even Constitutional.
People who have the laws and the guns working for them will take the money of those that don’t EVERY SINGLE TIME.
It’s simply human nature.
Authority in this country is ONLY supposed to be authority because WE give it to them … not the other way around.
WE are THEIR bosses … not the other way around.
WE tell THEM how much THEY are paid … not the other way around.
Unfortunately, many of us have forgotten that.
They WANT us to forget.
It’s all about the numbers … we HAVE TO BE more vocal than them.
Period.
DON,
I LIVE IN FLORIDA AND I CALLED THE TV NEWS AND GUESS WHAT, AS SOON AS THEY HEARD BOA, THEY LAUGHED AT ME. THEY SAID THAT I WAS THE THIRD PERSON TO CALL THAT DAY AND THAT THERE IS NOTHING THEY CAN DO ABOUT BOA, THE GOVERNMENT WILL NOT TOUCH THEM. UNLESS WE ALL GET A MAN EATING ATTORNEY TO TAKE BOA TO COURT WE ARE ALL S.O.L SORRY TO SAY.
Mary Ann … Try your local/regional Fox Channel, unless that WAS your local Fox Channel. Send them my story’s link … myfoxphilly.com/dpp/news/local_news/mortgage-aide-program-gets-mixed-results … maybe they’ll think twice if an affiliate is following the case.
Prepare yourselves to make a move. BofA will foreclose , check daily @ http://www.recontrust.com to see if your home is scheduled for a foreclosure sale.
Don S, since you write so well and seem to know what you are talking about, why don’t you contact 60 minutes or a program like it and get this out on a national level? Maybe then we could get something done.
I have returned the call to the BOA CEO’s office and of course, no one answered, I did leave a message so now I wait to see if she will return my call. Also received a call from someone with the Hope program—that person also was not in and hasn’t returned my call. I guess they figure since we don’t have money we should sit around and wait for their calls.
Joy …
You’re right about the way they look as things/us. You must already know people like that. You know the type … “If-you’re-not-like-me-there-must-be-something-seriously-wrong-with-you.”
Sad part is, people like that are manufactured. I was listening to the tapes on PiggyBankBlog and the people at this training session sound like every other corporate training session I’ve ever heard … “Rah, Rah, Rah. Aren’t we the greatest and look at how much money we’re going to be taking from people.”
As far as 60 Minutes goes “Let’s Make a Deal.” As you may know, I keep talking about “numbers.” It’s hard to avoid, really. Let’s do this … I’ll happily write to them if eleven other people will with me. A dozen may get noticed … one will likely get lost in the onslaught of daily mail … so … if you’re willing to write in to 60 Minutes, simply type a post “I will.”
I’ll research the best email to send to … who knows, maybe I can make some calls and get one that’s not on the web site … and when I see 11 other people say “I will” … I will, too.
It’s all about the numbers.
Don S.
Hi, I have been reading and posting here for a month or so, I am doing SOMETHING daily to bring BOA to justice. I am going to keep on making that house payment even though now I am unemployed and the payment went up $200 after my “modification”, and I am FIGHTING mad or this. I started a facebook page to try and get some Texas folks to join me in finding a lawyer. I have had every experience written about and more with BankOfAtrocities, wrote the haggler@nytimes.com and cc’d to CEO, finally got some yahoo who said he was with the CEO’s office (as if I am supposed to be impressed) who sent me info that I could have gotten online, I asked him for all of the notes on my account (a mortgage auditor friend told me to) and he said he didn’t think he could do that …duh…. so I will keep on keepn on, and I am not just going to get justice but $ damages also as my hypertension has been really hyper this last year 🙁
keep ya posted and please ALL go “like” the facebook site and send it to all your folks http://www.facebook.com/#!/pages/Stop-BOA-abuse-of-the-Making-Home-Affordable-program
Hi Don, any luck with a Texas state attorney for a class action lawsuit?? I contacted the one in Washington for the story featured on CNN but have not heard back yet if it was a Federal or State suit. Either way, I’d like to find something in Texas that could help all of us out…
Jake,
I am in Denton and determined to make BOA pay for what they are/have done to me and countless other Americans. Will you join a class action suit in Texas? I have a lead on an attorney but need you to look for one also, write me at: boaisgoingdown@yahoo.com
Jake … I haven’t seen anything coming out of Texas, but that doesn’t mean there isn’t. I seem to recall other Texans posting, so you might want to skim the blog for them … and I see Lo responding. Two is a start!
Have you done a thorough Google?
Scanning the USA Today article, it makes me wonder if the writer/reporter/editors responsible for that article would pass your name on to any Texans the might have spoken to. Not all their research gets into the article and they may have spoken to some. Wonder if they’ve spoken to any Pennsylvanians now that I think of it!
http://www.usatoday.com/money/economy/housing/2010-09-10-mortgagemods10_CV_N.htm
Does anyone know of a class action lawsuit in Florida about late charges after BOA denied a loan mod.? The trial period supposed to be for 4 months, but BOA couldn’t give me a decision after calling BOA several times. So BOA said to keep paying $1.046 instead of my regular mortgage of $1,592.00. 8 months later I received an Intent To Accelerate Letter. Basically either I pay BOA almost $6,000.00 of back mortgages and late charges or BOA would foreclosed my townhouse. I strongly believe that Loan Mod. is just a scam that BOA makes money of by keep extending the trial period and then deny the applicants so BOA can collect late charges. Mine totaled $300.50, not seems much. But multiply it by thousands from denied loan mod. and BOA makes a fortune. All of these after been put on hold every time I called, transferred my calls from different departments, spent hours on hold every time, BOA never informed of what’s going on, BOA said letters were sent, but I never get any letters (phantom letters), ruined my credit, etc…etc…I’m tired of it and it’s time for a lawsuit to stop BOA from scamming and victimizing others. Email me: dtee8826@aol.com.
To Mary in Georgia:
Your story is virtually identical to mine! Good credit going in, disability, asked for reasonable refinancing to reduce my payments and the home loan mod approach was suggested as an alternative; made my payments (trial payments) on time; they dragged their feet until the difference between the trial payment and the regular payment equalled ONE MONTHLY PAYMENT, and then I began receiving foreclosure notices! They do that on purpose. We managed to catch it up to avoid foreclosure proceedings (thank God!). Don’t let your loan get one month (or more) behind! Our credit is now blemished by this experience and I cannot get them to fix it. I’ve written Senator Richard Shelby, my State Senator who is also on the banking committee, and complained but have not gotten a response yet. I don’t expect them to do anything. It’s an atrocity! Trouble is, if you make the full payment, then they drop your application for the mod because they claim you can afford your regular payment! It’s a scam! If you can find a way, drop the mod application and apply for refinancing while you can. I can’t even get refinanced at this point.
I’m in Alabama and looking for fellow Alabamians to participate in a class action lawsuit. Please contact me at jennettp@att.net
To Jennett in Alabama:
Hi neighbor and thank you for commenting. I am so sorry you are having problems too. I can tell you that BoA has very little interest in doing modifications. They make more money from the process and then foreclosing.
I cannot refinance at this point because BoA took my credit scores from near 800 down to 500. I think that too is part of their plan because then you have no financial wiggle room and are at their mercy.
I love my home, but at this point I would allow them to take it and move to a nice cozy rental and tell them to kiss off! I do not want anything to do with BoA ever again. There is still time for a lawsuit if I allow them to take the house. The house suffered structural damage during the flood so BoA better bring a good structural engineer with them when they take the house. They cannot begin to get the money owed out of my home. We both will lose.
9/7/10
I am writing today no longer for a to plea for help as I feel that it would be in vain. I am just writing to tell my story and my struggle to get a home modification loan with Bank of America. In the beginning of 2009, I lost 2 jobs within weeks of each other, 1 a part-time and 1 a full-time. My struggle to remain afloat lasted until July 2009 and I was unable to make my house payment for the 1st time. I have been attempting to work with Bank of America since that time to get a home modification. In the beginning I was working with Bank of America directly, calling and sending paperwork requested which was once lost due to the misdirection of a Bank of America call center representative. Each and every time I called I was told that a phone call or correspondence would be forthcoming which never happened. I received in the mail a letter some months later stating that I did not qualify for a home modification due to inadequate income. I have been employed once again since June 2009. I am making approximately $20,000.00 less than what I was making prior to Jan. 2009. I then went to a HUD approved agency for assistance by the name of NID Housing Counseling Agency in Phoenix. After my initial meeting with them I was told I would receive a call in about 3 weeks, the call never came and I repeatedly called them and was always directed to voicemail upon which I would leave message after message and again only once received a call back on my voicemail from Mr. HenryWade stating that Bank of America was refusing to speak to them because my bankruptcy had not finalized yet. My bankruptcy was discharged in Oct. 2009. My last ditch effort was when I contacted NACA and submitted paperwork once again with them. NACA has at least had counseling sessions with me and submitted by paperwork to Bank of America for review. To this date, I have not yet received any response from Bank of America and NACA submitted once again, all the required documentation on Aug. 2, 2010. During this time I have received threatening letters from Bank of America’s attorneys out of Nevada. I have recently received from Bank of America a notice of intent to accelerated foreclosure if I do not come up the $17,000.00 of back payments which is virtually impossible. If anyone is out there. Thank you for listening
Update 9/9/10
I have just contacted B of A once again, I was told by a representative that there has been no paperwork submitted by NACA. I was transferred to a advocacy extension and once again told there has been no paperwork submitted by NACA and that I have to have an advocate contact B of A. I have repeatedly been re-routed, transferred and disconnected. I then called NACA and have been unable to get past the automated system.
This is a circus, in the meantime B of A is doing nothing more than buying time to foreclose on my home.
Rhonda Hodgman
RHodgman@cox.net
3321 W. Libby St.
Phoenix, AZ 85053
(602) 328-6793
hi folks sorry about your situations.you are just finding this spot but over a year ago same thing with other people.they lost, cant find media politicians or lawyers to take a class action against BOA.alot have come and gone on this site but they lost there homes over alot more than some of you.one payment or eight they are still taking homes dailey.I have contacted alot of class actions attorneys over the past year they will not take case.I lost my home after a year of bs with them.they went in early and took my stuff out.way before forcloser date i traveled with work.Here in charlotte action 9 TV spoke with a friend of mine who lost his home they killed story before it aired last spring.BOA head quarters is located here.go figure lol .So if you have any info call me at 704-524-1098 THERE IS TIME LIMITS ON CLASS ACTIONS AS IN 2 YRS
I will.
tammy5696@gmail.com
Tammy … that’s one … thanks! … ten to go.
— Let’s do this … I’ll happily write to [60 Minutes] if eleven other people will with me. A dozen may get noticed … one will likely get lost in the onslaught of daily mail … so … if you’re willing to write in to 60 Minutes, simply type a post “I will.” —
I will too
Hi Cheri …
You may notice that this post about 60 Minutes is from September.
Since that time, we’ve found that local TV news (and newspapers) are far more reactive and willing to become involved.
That seems to be the route to take for now.
It’s more effective when a camera follows you into a courthouse to file against the bank than trying to get a megashow like 60 Minutes to react and cover it, which they’ll only do if they feel like it, not if we suggest it.
Hmmmm …
Rhonda,
Hadn’t seen anything on “NAFA” before.
Interesting that you spoke with them and papers never got submitted.
After viewing both a CBS and ABC prime time news spot on them … at https://www.naca.com/index_main.jsp# … it’s a little confusing that they wouldn’t act. Both spots are a full year old (virtually all videos are that or older), so you have to wonder what they’re doing these days.
One thing to keep in mind is that they are a private company. You may have been lost in the cascade of customers.
The nick-name [unashamed and unrepentant] “Bank Terrorist” is also interesting. This guy is getting (got) the numbers I’ve been talking about that are needed to get both media and bank attention.
It’s also interesting that despite national news coverage, major exposure to the general public, and near-violent demonstrations and confrontations with the actual CEOs of lenders (and their families) that this blog EVEN EXISTS today, with people posting daily about the same horrors that were taking place a year ago.
What’s wrong with this picture?
What does that tell you?
One thing I’m confident of is the fact (note: fact) that the majority of people who don’t have financial problems JUST DON’T GET IT and help perpetuate an environment where banks can continue to take advantage of disadvantaged people.
If the society-at-large said “enough, now stop that” to the banks (and politicians and the media), they would behave themselves.
But that’s not how it’s working.
People who are part of “the system,” people who have secure jobs and money in the bank, people who aren’t scraping by, simple DON’T CARE that you ARE.
In fact, the great majority of them say “isn’t that a shame” then turn away and get on the phone to schedule their week-long Disney vacation, or hop in their new SUV and head to the mall.
I’m not bitter or even jealous that they’re secure, but I AM a little upset that people like that aren’t a little more compassionate and understanding.
Even one of the reporters in one of those news reports took a pot-shot at people in trouble, asking why someone should get help with a “house they can’t afford.”
Huh?
Who are they to judge? Obviously, this reporter thought it was perfectly ok to immediately consider someone in trouble not worth the trouble. That’s more than a little cold … and even a bit prejudiced.
In the last 16 years I’ve paid around a quarter of a million dollars for a house that originally cost less than half that. Sure, part of that is my own fault, having made a few mistakes. The question arises, at what point am I the victim of my own errors, or the victim of systematic greed?
I think this blog and those NAFA news spots present a pretty compelling case for which way the scale is tipped.
Only question remaining is what exactly do we do now?
In my opinion we have little choice but to “play the game” … lawyers, contract negotiations, mass protests, etc … but ALSO learning to say “no” and asking “why” next time … and the time after that … and the time after that.
Att: LO – the link you provided to the facebook page, does not work
Pam … try … http://www.facebook.com/pages/Stop-BOA-abuse-of-the-Making-Home-Affordable-program/107708519289434?ref=ts
Copy and paste the whole thing into your URL block if you have to … or just search “Stop BOA Abuse” once you’re on Facebook. It’ll come up.
Don
I will
Joy … that’s two … thanks! … nine to go.
— Let’s do this … I’ll happily write to [60 Minutes] if eleven other people will with me. A dozen may get noticed … one will likely get lost in the onslaught of daily mail … so … if you’re willing to write in to 60 Minutes, simply type a post “I will.” —
My letter to the local newspaper.
I would like to address the HAMP program for home modifications. My particular program is through Bank of America/BAC Home Loans LP. This program is another Obama fiasco and proof that the TARP plan does not work..
I entered the program in February 2010 and it was to be for 4 months and those four months have turned into 7 months thus far. My reasons for entering the program were not because I bought a house I could not afford or that the interest rates were too high. Instead I experienced a major illness beginning in 2005 for which the underlying cause could not be found until 2007 that then resulted in disability. My income dropped by two thirds of my previous income. I am a registered nurse and had worked for the WellStar Health care system for over 25 years. I then had a contractor who worked on my home that created major damages to my foundation located 40 feet under the house and unknown to me until my home began to implode in 2008 creating further debt and financial distress while he filed bankruptcy. This also created the problem of not being able to sell the house. Then the flood of 2009 came along and created havoc with my backyard causing repairs and further financial distress.
The HAMP program has been the most distressing and hopeless program I have ever encountered. BoA is disorganized and loses documents, payments and everyone you speak to gives you different information, opinions and requests. Before long I was sending the same information to four locations. One was in Simi Valley, California, the second was in Colorado, the third was in Ft. Worth, TX and the last was 179 pages of documents requested with a 2 day deadline to the underwriter in Florida. When I call they say they are still “looking at me”. I have sent well over 1000 pages of documents to over 4 locations via overnight mail or Fed Ex. They do not communicate with their varying departments spread out over the entire United States and no one has a clue when you call to discuss an issue. Through the HAMP Program I was required to see a HUD counselor and I must say they have been no help nor do they return phone calls or emails. I tell you it is a nightmare. My credit scores are in the proverbial toilet due to this program. My scores were originally in the mid to high 700’s prior to entering the program and now they are in the 500’s.
I was a manger at the WellStar Health Care system for years. I say this to tell you I am not uneducated or unaware. I cannot imagine what this program would do to the elderly, the uneducated or the ill person because it is not only harassing but exhausting to keep up with the constant demands of the program. Today I received a late payment notice and I wanted to begin screaming! I make my payments ususally 1-2 weeks early and the payment in question was sent to them via bank transfer and I have a receipt in hand on August 20, 2010 for September 1, 2010. After I finished screaming, I sat down to write a letter to BAC in Dallas, TX and another to BAC in Simi Valley, California to try and straighten out the mess that they have created yet again.
I cannot begin to tell you the number of people in Georgia who are experiencing the same issues with Bank of America and the HAMP program. I searched the Attorney General’s web site and found that Georgia’s AG does not take on financial institutions. The states who have been successful with the program and against the foreclosures all have an Attorney General who had the gumption to take on the financial institutions. In Georgia we need a class action lawsuit to put an end to this madness. Because we are a non-judicial state I think the banks and mortgage companies are playing havoc not only with the homeowners individually, but with the property values and neighborhoods of Georgia.
Is there a lawyer who has the knowledge, gumption and intestinal fortitude to take on Bank of America? If there is I know of at least 3 people who wish to participate and I am guessing there are many, many more who have had issues through this program and with Bank of America who would be willing to participate in a class action lawsuit. Bank of America pays little attention to single individuals but they do pay attention to places like Massachusetts, Texas and California whose AG or a class action lawyer sued them for over a million dollars in each state. Money is the only thing they seem to acknowledge. People are not important to them. I have my entire guest bedroom set up and designated to Bank of America and the HAMP program. I have copies and proof of all of the documents sent via overnight/return receipt and FedEx. It is time to stop the foreclosure madness with all of the mortgage companies here in our lovely state of Georgia.
Mary XXXX
Mary … great stuff. I hope they read it and react.
Are you participating in the 60 Minutes mailing we’re putting together? (See above).
everyone of these stories is eerily familiar to me,i’m having the same problems w/BOA. last year my wife & i both had medical problems & my hours were cut @ work &we fell behind in all the bills so we applied last december for a modification. they have lied to us & constantly harrass & verbally abuse even though we make all the payments on time! friday i got the letter that i was denied & now owe them over 3 times for the 1 original payment that i missed & they cancelled my homeowners ins. & tax escrow. after all those years of paying the mortgage on time & trying to do the right thing after falling on hard times BOA has kicked us to the curb & started foreclosure. this bank has no compassion for it’s customers whose tax money bailed them out in the 1st place. when you are able to navigate thru their “voice mail hell” & reach a service rep it’s usually 1 who barely speaks english & does not have any answers for you. BOA is truly “the evil empire”!!!
It seems that many of us fell on hard times because of medical illnesses and are now disabled–how many of us are and is this a reason they want our houses?
One easily assumed answer Joy is “easy money.”
A few annoying phone calls, “lose” some paperwork, have a local outside attorney file foreclosure, get the Sheriff to auction it, all the fees get paid by either the owner or the sale, collect the sale proceeds and Mortgage Insurance (paid for by the homeowner), then collect the HAMP check … then laugh all the way to the bank.
Oh, wait.
They ARE the bank.
Don, I will
Lo … that’s three … thanks! … eight to go.
— Let’s do this … I’ll happily write to [60 Minutes] if eleven other people will with me. A dozen may get noticed … one will likely get lost in the onslaught of daily mail … so … if you’re willing to write in to 60 Minutes, simply type a post “I will.” —
Great Facebook page by the way. “Like” proudly checked.
I will glady
I’ve had to backtrack to keep up.
Thanks! Alyag …
That’s six, five to go!
(— Let’s do this … I’ll happily write to [60 Minutes] if eleven other people will with me. A dozen may get noticed … one will likely get lost in the onslaught of daily mail … so … if you’re willing to write in to 60 Minutes, simply type a post “I will.” —)
I have been doing some research for the suite filed in MA against BAC and Wells Fargo but am not able to find the lawyers information. Should I just reach out to our Attorney General? I have been in the trial program since Feb 2010 and have been defaulted for late payments which I have proved false and this was also confirmed by BAC payment research department. I was granted the appeal and when I called to find out the status of the permanent modification I was told that we were denied yet again but without notice. Worse still was the representative from the research department, who was very helpful, was only able to help me be confirming and filing an appeal. They stated that they had sent a letter to us saying that if we didn’t come up with the past due by the 25th they would “accelerate”. I have all the notes of dates, people and conversations that I have had and they are denying 95% of all of it. When all the dust settled we are being penalized for making our payments 1 – 2 days before the 1st so they are stating that we have been late since the start of the trial. Funny 1. none of the documentation states that the payments could only be made on the 1st of the month 2. I wanted to make sure that they received the payments so that we wouldn’t be in default and they have defaulted us anyway.
I am looking to try to stop any further action as I do not have much faith that being patient is going to help us keep our home.
Any help or advice is greatly appreciated!
Leigh …
Time to repeat my list again I think. It’s two pages back already. But there’s others that have advise, too.
See “J)” below.
If you want to keep your home, you have to fight for it … but ALSO, you’ll have to learn how this game is played. Unfortunately, this IS a game to them. It’s how they can manipulate things to get as much money as possible. After all, that’s what their stockholders DEMAND … profit, profit, profit. That means getting money (your home equity) from YOU.
Please try and read ALL of this AND scan back through previous posts. There’s a link near the top of this page “Previous Posts” in light blue. Click on that.
A) If you haven’t made a journal/diary of your BOA experience start NOW. Record every instance every time it happens in detail.
B) Sit down and write out as complete a timeline as you can from the beginning of your experience with as much detail as you can recall. Take time to do a thorough job.
C) Call your State and Federal representatives, Congressman/woman, State Assemblyman/woman and inform them of your situation. Ask for help. Don’t hesitate. It’s their job to oversee your community and the goings-on in it. It’s why you elected them. INSIST that they help you if they try to wiggle out of it. Mine were VERY cooperative and helpful.
D) Get any attorney you can find to advise you from church, synagog, friends, family, neighbors. Retain one if you can afford it or call legal aide if you can’t. These are “contractual negotiations” that involve Statutory Law and a lawyer will navigate that best. Tempt them with the possibility of getting a piece of a class action suit.
E) Call the Hope Hotline 877-300-5454 or Money Management International direct 888-881-7558. Use MMI literally EVERY TIME you call BOA. A representative will be with you through your calls and the nightmares on hold. They will also keep a record (although it can’t be released without a subpoena from a court). But if it goes to court, you can get it that way. It’s also better to have the BOA people hear you’re not alone on the phone.
F) Call and call and call and call until you get results and cooperation. If you’re using MMI, they’ll ask for supervisors. If you’re not YOU ask for them. I know from a full year of this garbage how much it cuts into your personal (or even work) time and how traumatic it is, but big corporations BANK on you getting frustrated and giving up. DON’T GIVE UP. Hold their feet to the fire.
G) Keep up your payments as close to on time as you can. This is ALL about the MONEY. It’s a contract and your end is feeding this behemoth monster your hard earned cash. You agreed to it when you signed the mortgage. Courts (and BOA negotiators) will want to see your willingness to pay, as will your politicians. It’s your “good will” that you’re willing to work it out.
H) Find as many people as you can in your State that are going through this AND keep in contact with forums like this. The ONLY power any of us have over this monster is NUMBERS. It is literally “United We Stand, Divided We Fall.” One-by-one they can take us down, but as both national and State groups, they’ll have a hard time of it.
I) Once you’ve contacted your politicians and they’ve started to help you, tell all your friends, family, co-workers and anyone else who knows you to write to them and THANK them for helping you get through this difficult time. DO NOT have them criticize, complaint or tell stories. Just a short thank you will make it clear to your politicians that people are watching their performance. No need to get into detail. They’ll KNOW they’re being watched just through a simple thank you.
J) (Added) File a complaint with your State Attorney General and the OCC (http://www.occ.treas.gov/customer.htm).
Lastly … and this is tricky … this is ALL about contract law, which is called “Statutory Law.” It literally has NOTHING to do with Right and Wrong, but what contract law expressly states. This is NOT “Common Law” that talks about the rights of a human being. This is about your “fictitious corporate self” that’s a party to the contract … NOT YOU as a human being. Statutory Law only sees the “contractee,” not the human being. Statutory Law couldn’t care less whether you live in that house or not … just whether the contract is fulfilled.
READ your mortgage and READ your restructuring agreement. Everything that’s happening to you is based on THOSE, not Right or Wrong … or have someone who understands legal language read them and explain what they mean.
Contract violations are what Class Action Law Suits are based on … contractual violations, and that’s all a court will listen to.
Remember, this is a nation (now, anyway) of laws, courts and parties to contracts … NOT common decency or even Common Sense. Work to save your home. Complaining gets you no where. Working hard and learning “the game” they play is the only thing that works.
I have written to ALL the ABC shows. I would be happy to do 60 minutes.
Anyone have the address to 60 minutes ? If someone has posted this I am sorry but for someone my browser will not load many older messages.
I’ve had to backtrack to keep up.
Thanks! Shawn …
That’s seven, four to go!
Looks like I’ll be digging up that address shortly. I’ll post it, Shawn, as soon as I have a good one.
(— Let’s do this … I’ll happily write to [60 Minutes] if eleven other people will with me. A dozen may get noticed … one will likely get lost in the onslaught of daily mail … so … if you’re willing to write in to 60 Minutes, simply type a post “I will.” —)
I hope we can find a BOA employee(s) who works in the BAC Home Loan Services (which is BOA’s collection dept.), with morals and expose BOA defrauding the American people using HAMP!!! BOA will keep you on loan mod. trial period for 7-8 months instead of 4 months then hit you with late charges for making partial payments, even though BOA is the one that determines how much will be your partial payment and agree for you to make partial payments while on the trial period. BOA will consider your partial payments as late payments and ruin your credit. When you call the customer service, your call will be transfer to several different departments and then get disconnected. So you try to call back and start all over again until you get frustrated as part of BOA’s MO. Does anyone knows how to send this web site to the president or congress or how to let them know how BOA abuse the HAMP after we bailed out BOA? We should have let BOA fail!!! And let FDIC take over and sell all of BOA’s assets.
Dan … Just looked it up, and BofA moved from #9 in 2007 of the USA’s largest corporations, to #5 in 2010.
They did it with $150,450,000,000 in “revenues” … the amount they collected … that’s B-B-B-Billion.
They got to keep … profit … over 6 of those BBBBillions.
Wonder how much of that revenue was people’s homes?
I wonder how many lawyers they employ … either inside or out.
I wonder how many lobbyists they employ to have “little chats” with our government representatives.
How many lobbyists do YOU have? … much less lawyers.
I can’t tell you how angry I am over the phrase “Too big to fail.”
Huh?
How about “Too big to do ONE MORE DAY’S Business?”
There was a time in this country (the 1800’s) when the very idea of a fictitious (pretend) “corporation” was a hateful thought and you’d be beaten with a knotty stick for suggesting it.
Now we WORK for THEM … fictitious, pretend “entities” that can’t be put in jail, can’t be flogged, you can’t look into their eyes, and they can’t be shamed … because they don’t really exist.
Money rules … because people with the money make the rules.
Problem is, they can’t hide their unethical, immoral behavior forever. This is an in-your-face offense against anyone with the slightest weakness … like economic hardship … or simply not KNOWING the rules (that they invented out of thin air in the first place).
It’s up to us … you and me and anyone else who cares … to stand up and say something.
If this is “The System,” and we’re all supposed to bend over and take it … then there’s something VERY wrong with the system.
“Power corrupts. Absolute power corrupts absolutely.”
I’d say #5 is about as close as you can get to “absolute.”
How do i sign up on this bank of america/bac homeservicing class action lawsuit? They took my money for 10 months, caused my credit score to drop 62 points. and now tell me i am not elgible for the home modification. Bank of America in my estimate held my loan hostage for 10 months during a period of low interests rates and put me in a position where i could not refinance and refused to offer me any alternatives. They now tell me i have to pay all the money they held back or face foreclosure. They need to be stopped. Alyagholoway
Alyagholoway …
Please see my post above with a list of suggestions and information.
Also, please scan back at other posts where more explanation is available in both my posts and others.
I know it’s a lot of scanning and reading, but one of the sad facts of this situation is that we have to educate ourselves.
Also, there isn’t really a “sign-up.” It’s up to each of use to come together and form our own suits … State by State.
More work.
But that’s simply the fact of the matter.
What State are you?
Leigh, I wrote to my Congressman and after I sent him some additional info, the CEO of BOA office has called me. I haven’t been able to talk to them yet—telephone tag—but hopefully it will help. Maybe your Congressman could do the same for you.
just venting. I have “remained silent” e.g. my Foreclosure coming up Oct. 1st w/ BAC. The last 2 calls I’ve received from “them” I decided to answer, just to see what they had to say. After approx. 20 secs., “they” HUNG UP! I think it’s time for “them” to be HUNG UP!
Bill … I’ve been hung up on, too. More than once. I’ve also had very rude customer service reps with no patience, basically “Just shut up and give us your damned money you deadbeat.” Not in those words, obviously, but they were OOZING it.
I once got a supervisor on the line when I was inquiring about getting a transcript of my several months of calls … that so-called record in their system … he was very upset that I even THOUGHT to ask for it and accused me of recording the call in order to get him to say “something.” What, I don’t know (unless they’re saying a lot of incriminating things we don’t know about).
When I assured him I wasn’t recording, he got a lot nicer, but informed me it would take a court order to get the record. Obviously, they’re not too willing to show that (appalling) record of calls to ANYONE.
Interesting that he was so paranoid about being recorded when they feel free to record US without hesitation.
Now I wish I DID record the call. One has to wonder how much of the record would be “lost” even with a court order.
To: Don S
Hello this is Margo. Well I am ready to go to SouthWest Court in the am as soon as they open. I am hoping to find the same supervisor that helped me on Friday and hopefully she will contact the Moreno Valley office and speak with the supervisor Cynthia and remind her that she stated the Moreno Valley courthouse picks the date for the hearing since I don’t know the schedule for Moreno Valley. I didn’t receive a 5 day notice from the sheriff’s office yet so that is good news.
I am also hoping that the judge sticks with the October 8th court date and doesn’t make it any sooner. I did sign my name for the letter to 60 minutes but didn’t see an address for them. I have started packing and looking for a place to live just in case, good to always have a back up plan. Stopping off to get a book on statutory law just to have some kind of knowledge. I also planned on going to Moreno Valley courthouse 2 to 3 days a week and sitting in on the judge that is assigned to me to watch how he rules, and what basis he establishes his rulings on. Trying to do all that I can, staying non emotional as best as I can. I can’t believe Boa is doing this to so many thousands of people in all different states and our elected officials , are allowing this to happen without recourse. What a sad state this government is turning out to be. They don’t even care if Boa is breaking numerous laws in all areas. Someones palms are really greesed. One should probably watch who you shake hands with from now on unless you want their skank all over your hands too.
Margo La Bayne
Margo …
Great to see you’re still fighting. Keep ’em on their toes and make ’em earn their salaries. Remember, you’re a tax payer and they’re working for you, not the other way around (even though they’d like to think so).
There’s no 60 Minutes mailing to “sign up” for yet, other than typing “I will” in a post. Since you’ve said you will, you don’t have to type it.
That’s 4 who have said “I will” join me in writing to 60 Minutes …
… so we only need 7 more.
The thing is, if one person writes in alone. It’ll either get lost or ignored. But if a dozen (or more) write in at the same time, it may get noticed.
When there are 12 people (including me) that have said they’ll participate in writing to 60 Minutes, I’ll post the address and we’ll all write at the same time (roughly).
I may suggest one of their “panel formats” where they sit a group in front of a camera with a common problem and ask questions … although that’s totally up to them, of course.
It would make an interesting program for several of us from all over the country, calmly explaining to millions of 60 Minutes viewers, that more than just us are getting screwed.
Hello everyone….
Well I just wanted to tell everyone don’t even bother trying to work anything out with your mortgage lenders without a Loan Modification Lawyer. My husband and I just hired one who is going to negotiate our mortgage with BOA. He stated that it is very hard to do any type of program with your lender if it is you doing it alone. Lawyers are there to make sure that the lenders are ethical and that all paper work is received and handled properly. I would Google search a lawyer in the state that you live and get in contact ASAP with them. They only charge usually a onetime fee and that is it. Our lawyer is only charging 1500.00 for everything which that is very easily obtainable in my eyes. I hope that we can get modified since it does base off the total income and expenses every month but from the basic info. I gave him, he stated he doesn’t see why we cannot get modified…..I even told him that BOA denied us any type of program from the info. they got from us. He said that is very typical for banks to say that. Well I am sure I just jinxed myself. Pray for us as we will pray for every single one of you….Stay positive everyone and things will get better for you!
Proof of what I said earlier about power corrupting.
From The American Sociological Association …
“The corporate and state structures enacted in the late 20th century were the outcome of a long-term, well-financed and systematic political strategy that provided managers with unprecedented power, autonomy, and opportunity to engage in financial malfeasance.”
Let me translate.
They spent the 80’s and 90’s influencing laws to do what they want … which is screw people out of money. They spent the 2000’s screwing them.
We are them.
DON S.
I WILL WRITE INTO 60 MINUTES!!!
I’ve had to backtrack to keep up. The response has been GREAT.
Thanks! Erica …
That’s eight, three to go!
(— Let’s do this … I’ll happily write to [60 Minutes] if eleven other people will with me. A dozen may get noticed … one will likely get lost in the onslaught of daily mail … so … if you’re willing to write in to 60 Minutes, simply type a post “I will.” —)
i am willing to write………….
Don- Thanks. It’s kinda cool just to “hear” a response from someone. It’s kind-of funny that BAC was afraid of you recording them, Ha! I was afraid of them recording ME! I don’t think uou can use phone transmissions in a Court of law anyway; at least e.g. this stuff. But i Truly thank you. I just can’t believe what our Society has become. The Dollar has become Lord. What a pity….B….
Don? The Condo I’m “Losing” is in Arizona; however I live here in California: Also BAC “Owned” but not to worry about this one (I hope) So…I don’t know what else to tell you, other than what I’ve just posted. Bill…
To Margo and Don. Good Warriors! My Prayer is for the “Walls to Come Tumbling Down” Bill…
To Joy? “i Will” Do you have an ‘address’?
Bill … you’re #11 … or was it #9 … ? Not sure, but it’s good the numbers are growing.
I’ll post an address soon.
Please post soon, as I have started my letter already.
Rhonda:
I am so sorry you are going through what I went through. I too contacted NACA and was sumitting all of the paperwork they requested. Bank of America told me that they had nothing in my file stating I was working with NACA. I too had to file BK and when I called Bank of America I asked if we could do business together, without NACA because I didn’t know who dropped the ball , Boa or Naca. The Supervisor named Michael from Boa stated yes we could. So I worked with Boa for over 4 months. I called and they told me what I needed to do. I kept asking them if they needed anything, anything at all. I was told that “we have everything we need.” these things sometimes take between 3 to 9 months. Don’t worry everything is fine. So I believed them and every month I would call them (Bofa) and they would postpone the “Trust Deed Sale” Well guess what ? On the fourth month when I called they stated to me ” No were not going to postpone this sale “Fannie Mae” won’t let us?
I was on the phone the entire day. Then someone by the name of Bonnie Block called from the presidents office of BofA. I told her what was happening she stated she would look into in. The next day she called me back and stated the reason my loan was denied? My loan was denied when did that happen? March 10th,2008 for what reason? it didn’t say, ok. by who? /? it didn’t say, How was it requested? it didn’t say ok, so let me get this straight? please. you meaning Bank of America requested from NACA more documentation
proof of what? it didn’t say, who requested the infor?it didn’t say. Not to mention that we haven’t worked with NACAin over 5 months, then why did someone contact NACA when I haven’t even worked with NAca IN OVER 5 MONTHS. Now my question is that if I have stopped working with NACA they (BANK of a) they just told another lie. SO NOW THEY HAVE IT ON THEIR RECORD AND i FINISHEDMY COURT CASES ALREADY.
To Bill and Don:
I got very tired of every BOA call beginning with “this call may be recorded….” Of course it’s recorded. BOA’s lawyers want to hear your pain, your ranting caused by raw nerves. Interestingly. I started saying if you plan to record the call…so will I. That quickly brings the call to an end as BOA reps, whoever they actually work for, are not permitted to have their conversation recorded. (can you possibly imagine why?) I did this for several days in a row. Suddenly…the calls have stopped. Now I’m left wondering when the next shoe will fall, but I am no longer willing to accept calls that tell me the same thing over and over, particularly since BOA can’t seem to keep anything in order at their end and they bilked almost $9000 from me to “confirm” a modification and then denied the associated offer had been made much less accepted. (I’d wager the rep who wrangled the $9000 got a nice bonus that week)
I’m far less concerned about Al Quaeda terrorism in America these days….we’ve got far more dangerous domestic enemies within our financial system and a Congress and Administration that have turned a blind eye to the threat.
Don…you want another letter writer?….you’ve got one. I’ve written before without reply but an en mass submission might strike a nerve, especially if the letters are copied to Congressmen, Senators and the White House. The greatest threat to BOA and this screwed up government is organization. Consider the Tea Party. Right or wrong, they’ve gotten the government’s attention.
Just had a thought…Joe Biden has always campaigned as a “peoples” candidate. Perhaps we could enlist the VP where the President can’t seem to fit us into his agenda. It might make good press for him and the Administration so close to the election. Hate to be political, but it’s what works in America.
Ted …
Nail on the head my friend! I don’t think you have a single syllable out of place.
Great suggestion on CCing the 60 Minutes letter. We’d each probably have to make that choice individually since few, if any, are in the same State, much less county. But addresses are readily available with an easy Google, and “CCing” is cake.
So … you’re #9 … just TWO to go!
What’s I’ll likely do is write my letter, then post it here before I send it … not necessarily to run it through a meat grinder, but to give you all a taste of what I’m, personally, going to say.
I don’t have a solid address to write to yet, but there’s one key call I can make, possibly two, tomorrow to see if I can get a “non public” address for us to send in to. No guarantees, but I’ll let you know. It might take a couple of days for the word to pass through this particular grapevine.
Love your comment about terrorism. It’s funny how well masked everyday terrorism is in this country. You’re terrified to lose your job because you could lose your home. So you bang on an alarm at 6:00 am, speed through a shower and a Pop-Tart to line up in traffic for a job you don’t really like anyway. Only to spend the day doing EXACTLY as you’re told, terrified that you’ll lose your job and then your house.
Well, guess what’s happening.
I have a good friend that’s worked in the board rooms of these corporations. I know this myself, but his and my experiences tell me that these people love the power that “silent terrorism” holds over us. Get the house, get the car, compete with your neighbors for all the “right stuff,” and work your fingers to the bone to do it, terrified that someone could take it with one false step.
Well, guess what’s happening.
You can’t tell me that it isn’t all planned, contrived and executed with military precision …
… not to sound “paranoid.”
But here’s a thought for ya …
“It’s not paranoia if they’re ACTUALLY out to get you.”
Being aware is the key. I’ve said that I’ve always asked “why” and always been generous about saying “no.” I’ve suffered quite a bit from both of them.
But in the end, I don’t actually think I asked “why” enough, or said “no” often enough. At the very least, I should have been a little more diligent … particularly from the beginning of this modification process.
Panic can short-circuit your brain and make you do all sorts of dumb things. Not questioning, researching, learning and finding you folks a LOT sooner makes me feel a bit dumb.
Now all we need is an army of lawyers that think like we do.
Or maybe one that won’t shut up.
Think we can find ’em?
Don: Email me at infrated@gmail.com. BOA is certainly watching us by now and I’ve got something to bounce off you. Then we can post to the group at the most strategic time.
Don et al;
It is not paranoia, being a former political activist who got worn out by punching the clock every day to pay for my nice house, I tend to look at situations like this and ….follow the money trail…
I knew something was really out of whack on this HAMP program when BOA OFFERED to enroll me in it and then did everything possible it seemed to screw it up. I wondered “how does this Bank stay in business treating their customers this way?” the answer is that it must be intentional…and why? they must be making money off of this process somehow… and here we go…read the article;
http://www.alternet.org/story/147955/
I’ll write, ..
But, .. This NEEDS to be copied to The Attorney General of the United States and your states attorney general. This needs to get federal attention Plain and clear. Because it involves many states and their actions, including fraud over state lines, is should be considered criminal.
Keep in mind, with the HUGE number of cases with the exact same actions taken by them, intent is very, very clear and easy to prove.
c
I will ! Give me an address, tho.
C … you’re #10 … just ONE to go …
I’d better get cracking on that letter.
For a reminder I wrote …
— Let’s do this … I’ll happily write to [60 Minutes] if eleven other people will with me. A dozen may get noticed … one will likely get lost in the onslaught of daily mail … so … if you’re willing to write in to 60 Minutes, simply type a post “I will.” —
This doesn’t mean we can’t have MORE than a dozen. More is better! Keep posting and I’ll keep counting!
Jennett …
You’re #11 … !! … we’re good to go. I’ll keep you all posted. More shortly (as soon as I can).
I would love to. BOA thinks they are taking my house but they have another thing coming. Please let me know when and where.
Neal …
I don’t know whether or not you noticed, but you’ve posted way back here in 2010, not September 2011. This isn’t the current conversation. For the current conversation, please see …
https://classactionlawsuitsinthenews.com/class-action-lawsuits/bank-of-america-mortgage-modification-class-action-lawsuit-filed/
I’d strongly suggest you read that page and the previous page(s). Simply click on “Previous Comments” once you get there and look around.
Don S. please email Tammy at tammy5696@gmail.com ….I have an idea….
Hey yall,
I am on a mission! I understand about how the “corporation” has devolved America ( a good book about this is “The Corporation”) but we can fight it, we need lawyers who believe in justice, do you think the ACLU might help out since our civil rights are being stomped on? Due process? Open Records?
also will you go to the Facebook page I started and “like” it?
http://www.facebook.com/#!/pages/Stop-BOA-abuse-of-the-Making-Home-Affordable-program/107708519289434?ref=sgm
Just received a voice mail stating this company has sent me a FedEx and that I should call them. The number is 877-422-1761. I did a bit of research on the number and found this:
McLean, VA – As part of its support for President Obama’s Making Home Affordable program, Freddie Mac (NYSE:FRE) today announced an agreement with Home Retention Services, Inc., a wholly owned subsidiary of Stewart Lender Services, Inc., to help several regional servicers process thousands of additional applications for Home Affordable Modifications.
Specifically, Home Retention Services will assess the eligibility of delinquent borrowers with Freddie Mac-owned mortgages for Home Affordable Modifications or other possible workouts and process borrower financial information for the servicers’ review and approval.
I dug a little further and found this website:
Stewart Lender Services – Products
What in the world is BAC and Fannie Mae doing now?????????????? I have received no FedEx as of yet.
Mary …
According to the USA Today article (see below), as of June, the government is requiring “loan servicers” such as BofA and Wells Fargo to PREqualify applicants before they actually enter the HAMP modification program … meaning that since June an applicant isn’t applying FOR a HAMP mod, but applying to get IN the HAMP program.
“In June, the government began requiring participating servicers to verify applicants’ income and financial hardship before starting trials. ”
Seems loan servicers were too stupid to think of pre-qualifying people themselves and the government had to force them to do it.
Problem is, I tend to think the 5th largest corporation in the United States isn’t really all that stupid. They wouldn’t have entered people into the program if they didn’t think they’d make money. There isn’t a corporation on the planet that does a SINGLE THING without the intent to make money. And they don’t care whether it’s a government check or your home … and you’re in the street.
Don….
The strange things is they did pre-qualify me over the phone before they sent out the original packet. The original packet then asked for documents to again pre-qualify me and that was back in February 2010.
After receiving their modification offer, I can tell you that it has more loop holes, stipulations, requirements, etc than my original home loan documents. My lawyer has discouranged me from taking the plan and I see the CPA on Thursday to see what my options are.
As a Real Estate agent. BOFA is the HARDEST to deal with. They “lose” your paperwork. They make you WAIT for answers on offers. They insult us! One of their employees went so far as to tell me while representing my client “I can make you wait ALL DAY for a supervisor…I still get paid and I know you do not…you are on commission!” He would NOT allow me to talk to a supevisor.
Then a couple of monthes ago BOFA sent out their sales team to give all of us agents a “pep” talk! I went to see what they were doing. What a load of BS. I told them so too!
I have written on several occasions to our President. You know the one who says he listens! I have yet to receive a reply from his office. Oh I am not stupid enough to think he would ever reply to me personally. I have told him about the RE market and what BOFA is doing to YOU the people and how he is hurting the citizens. BOFA is hurting all of the people that need their loans modified. NO ONE listens! BOFA in my industry is considered the worst to deal with! They need to be put out of business!
I am so sorry for all of you countless people that BOFA is hurting! Your politicans and your President will not listen. I am sending ANOTHER letter today but think AGAIN it will not even be acknowledged.
Levy … I’m finding it fascinating that you’re not losing your home (by what you’ve said) but you still went to the trouble of finding this blog. Maybe 60 Minutes would put YOU on a panel. Interesting.
Have you seen USA Today!!!!????
http://www.usatoday.com/money/economy/housing/2010-09-10-mortgagemods10_CV_N.htm
LOVE IT. Fantastic! Good thorough article, and a big name.
Through the fog of my paranoia it makes me wonder what motivated them to write it.
*laugh*
wow, that made me almost vomit. sorry, but I am so sick of this and I am having major panic attacks over this. I don’t live in my house anymore, but it still makes me very sad. I still own the home because my buyers backed out. It is set for a November 1st sheriff sale.
Beverly … I hear you. If I hadn’t been through 30 years of self-employment I’d be a lot worse off emotionally over this. It’s been bad enough as it is. But in the end, when my stomach churns, I remind myself that this is my only home. Worth fighting for. Sorry you’ve gone through this, and even more sorry you had to move out. … Don
PLEASE HELP ME!!!! I WAS ON TRAIL PAYMENTS FOR THE OBAMA REDUCED PAYMENT FOR STRUGGLING FAMILIES I AM A SINGLE MOTHER AND WAS RELIVED TO ONLY HAVE TO MAKE HALF OF MY MORTGAGE.. FIVE TO SIX MONTHS LATER AFTER SPEAKING WITH BOA SEVERAL TIMES A MONTH BECAUSE I WAS BEING CONTACTED ABOUT MY MORTGAGE PAYMENTS… EVERY TIME THEY SAID ” OH JUST KEEP MAKING YOUR REDUCED PAYMENTS AND WE WILL NOTE IT IN OUR FILES” I RECIVED A PHONE CALL SAYING YOU OWE US FOUR THOUSAND DOLLARS IMMEDIATLELY OR YOUR HOUSE WILL GO INTO FORCLOSURE…… NOW IT IS AND I HAVE TO BE OUT IN THIRTY TO SIXTY DAYS I FILLED OUT ALL THEIR PERMANENT MODIFICATION PAPERWORK FAXED IT IN…. IM STILL LOSING OUR HOUSE AND NOT TO MENTION WHO IS GOING TO RENT TO ME NOW MY CREDIT SCORE HAS DROPPED… THIS IS VERY DISCOURAGING AND IT ANGERS ME TO KNOW THAT THEY HAVE DONE THIS TO OTHER FAMILIES WHO WERE STRUGGLING…. HOW CAN I JOIN THE LAWSUIT I WORK FULL TIME JUST TO BE BROKE THANKS BANK OF AMERICA FOR LEAVING MY CHILDREN AND I WITHOUT A HOME…. HOW CAN YOU SLEEP AT NIGHT?????????????
Martina …
One list I posted seems to be something people are finding helpful.
Your story is OUR story. We all feel like screaming … and most of us HAVE.
I’ll repeat my post again. I hope you find it helpful. I hope others don’t mind the repeat.
We are also planning on a mass emailing to 60 Minutes to try and get this horror story told to millions. Let me know if you’d like to write in, too.
The Post:
If you want to keep your home, you have to fight for it … but ALSO, you’ll have to learn how this game is played. Unfortunately, this IS a game to them. It’s how they can manipulate things to get as much money as possible. After all, that’s what their stockholders DEMAND … profit, profit, profit. That means getting money (your home equity) from YOU.
Please try and read ALL of this AND scan back through previous posts. There’s a link near the top of this page “Previous Posts” in light blue. Click on that.
A) If you haven’t made a journal/diary of your BOA experience start NOW. Record every instance every time it happens in detail.
B) Sit down and write out as complete a timeline as you can from the beginning of your experience with as much detail as you can recall. Take time to do a thorough job.
C) Call your State and Federal representatives, Congressman/woman, State Assemblyman/woman and inform them of your situation. Ask for help. Don’t hesitate. It’s their job to oversee your community and the goings-on in it. It’s why you elected them. INSIST that they help you if they try to wiggle out of it. Mine were VERY cooperative and helpful.
D) Get any attorney you can find to advise you from church, synagog, friends, family, neighbors. Retain one if you can afford it or call legal aide if you can’t. These are “contractual negotiations” that involve Statutory Law and a lawyer will navigate that best. Tempt them with the possibility of getting a piece of a class action suit.
E) Call the Hope Hotline 877-300-5454 or Money Management International direct 888-881-7558. Use MMI literally EVERY TIME you call BOA. A representative will be with you through your calls and the nightmares on hold. They will also keep a record (although it can’t be released without a subpoena from a court). But if it goes to court, you can get it that way. It’s also better to have the BOA people hear you’re not alone on the phone.
F) Call and call and call and call until you get results and cooperation. If you’re using MMI, they’ll ask for supervisors. If you’re not YOU ask for them. I know from a full year of this garbage how much it cuts into your personal (or even work) time and how traumatic it is, but big corporations BANK on you getting frustrated and giving up. DON’T GIVE UP. Hold their feet to the fire.
G) Keep up your payments as close to on time as you can. This is ALL about the MONEY. It’s a contract and your end is feeding this behemoth monster your hard earned cash. You agreed to it when you signed the mortgage. Courts (and BOA negotiators) will want to see your willingness to pay, as will your politicians. It’s your “good will” that you’re willing to work it out.
H) Find as many people as you can in your State that are going through this AND keep in contact with forums like this. The ONLY power any of us have over this monster is NUMBERS. It is literally “United We Stand, Divided We Fall.” One-by-one they can take us down, but as both national and State groups, they’ll have a hard time of it.
I) Once you’ve contacted your politicians and they’ve started to help you, tell all your friends, family, co-workers and anyone else who knows you to write to them and THANK them for helping you get through this difficult time. DO NOT have them criticize, complaint or tell stories. Just a short thank you will make it clear to your politicians that people are watching their performance. No need to get into detail. They’ll KNOW they’re being watched just through a simple thank you.
J) (Added) File a complaint with your State Attorney General and the OCC (http://www.occ.treas.gov/customer.htm).
Lastly … and this is tricky … this is ALL about contract law, which is called “Statutory Law.” It literally has NOTHING to do with Right and Wrong, but what contract law expressly states. This is NOT “Common Law” that talks about the rights of a human being. This is about your “fictitious corporate self” that’s a party to the contract … NOT YOU as a human being. Statutory Law only sees the “contractee,” not the human being. Statutory Law couldn’t care less whether you live in that house or not … just whether the contract is fulfilled.
READ your mortgage and READ your restructuring agreement. Everything that’s happening to you is based on THOSE, not Right or Wrong … or have someone who understands legal language read them and explain what they mean.
Contract violations are what Class Action Law Suits are based on … contractual violations, and that’s all a court will listen to.
Remember, this is a nation (now, anyway) of laws, courts and parties to contracts … NOT common decency or even Common Sense. Work to save your home. Complaining gets you no where. Working hard and learning “the game” they play is the only thing that works.
By the way … they sleep very well at night … after depositing fat paychecks.
Their homes are secure.
Surprise, surprise…my loan modification offer was delivered today! This is after 2 delinquency notices last week (which I was not late).This is a one time offer and I have 6 days to respond. If I decline foreclosure proceeds. Now before you get excited there are a ton of rules, regulations and open ended loop holes included in the offer. One that I really do not like is $20,000.00 is moved to the rear of the loan as a balloon payment that must be paid in a lump sum if I sell, default, etc. The other troubling item is you give them permission to allow the Treasury Dept to snoop into your bank accounts, stocks, bonds, etc anytime they feel the need for the life of the loan which is 40 years! ( I don’t have anything now, but who knows in the future?) I must have my lawyer look at this agreement, because I don’t like it very much. The payments are reasonable but they leave it open ended for escrow amounts. Since I have had major issues with escrow amounts missing from my account ($1000.00) for which I cannot get them to account, this is troubling also. Just thought I would give you an update after 7 months of modification hell…and if I don’t sign it could be more.
Mary, I hope and pray your modification does get finalized but I received final papers one month after I started my trial payments, signed and returned them within the alloted time only to STILL be in the trial program with no decision in sight. Good luck, it would be nice to read that at least one person did get a modification.
Joy and everyone else,
The more I read these modification papers the more frightening they appear. They are making a huge amount on this loan…not to mention the $20000.00 balloon payment attached to the end. The house is not worth that much and never will be.
They also have an open-ended agreement that I will carry Title insurance for them and any other insurance they deem necessary.
The new payments are due on the 1st…not before and not later. As they cannot post anything correctly it would be impossible to get it there exactly on the 1st. They could easily call in the balloon payment as a renig on the contract.
YIKES!
To: Don S And EveryOne Else
Well this is Margo and I will tell you what happened today.!!!!!!!!!!!
Instead of going to Southwest Court where I wanted to transfer my case, I went to the Moreno Valley courthouse and filed my Exparte hearing request, and it was done 1 2 3 . Now this is not saying that I get my trial date back of 10/8/10 but at least if the Sheriff comes I can show him this courtstamped document that states I have a hearing with the judge on the 27th of this month at 1 :00 pm and he wont post a 5 DAY NOTICE ON MY DOOR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
At least I have a couple more weeks to pack, and try and get everything for my case ready. I also can contact legal aide and request an attorney goes with me , so at least I will be doing the court procedures correctly. I start going to the courthouse and spending at least 1 1/2 hours per day to see how the judges are ruling. I am hoping that our letter get to the media in time, and we become well known on the media. I am also hoping that by the time I do get to my trial that this has gone past the 2% of market penatration and blown out of the water. Thank You to all of you for your wonderful support, I know I wouldn’t have made it this far without you!!!!!!!!!!!!!!!!!!!!!!
Keep your fingers crossed for the 27th.
Margo
I have a Bofa/Countrywide nightmare to share. The orginial loan was in my father’s name with CW, after his death they were gonna allow me to take control over. However, they adviced me that early penalities would be assessed if I didn’t wait for 8months. Ok probate and eight month later I contact the bank again and now they can only take payments because they were merging with Bofa. Now another 6 to 8 months later the merger is completed and now the account was handled by Bofa. They tell me to get a fixed rate modification with them and than I can do a simple assumption on the loan. So, to complicate the issue further, half my home is a rental, and bad tenants stop paying. i contact the bank and they started me on trial payments while I was going thru yet another modification. False information for the Home Rentention department the trail payments and modification rejected three months before an somehow noone had that information. Ok applied for another mod to get balance at zero and fixed rate to do the assumption on the loan. Finally, two morw faled attempts and I got approved in Aug. Ok contacted the bank to get assumption completed to finally close probate, and road block now I can not do any assumption on an AB Loan, they purchased from Countrywide. So, end result no clue, trying to get a new morgage now, but that is so difficult in the economy. Bofa just simple will not complete any agreement with me on the loan, but I have made over 33 payment out of 36. They will take my money and promise me the world but now that I am requesting and agreement of sorts, sorry they will not do it. Empty promises, to many modifications, false trail payments, and no ablity to find help from anyone at Bofa…Writing everyone and anyone I can to find help to stop these monster from taking peoples home. They got the money to help people but are using it for their personal gain. Thx
Add:
Just reviewed loan doc and just relized Bofa back CW on the orginal loan…Interesting, because they refused to handle this matter now!!!
@Margo and others: Have you heard about the MERS loophole that might help you? It was on Fox & Friends yesterday morning. Click and watch this video:
youtube.com/watch?v=8aoG8AbyXWs
Here is another link discussing the MERS loophole:
http://stopforeclosurefraud.com/
This just keep getting worse everyday I read it. I got a letter from boa, starting I got denied for the modification because I have not gotten out of my hardship. I don’t know how that is since when I applied for it I was job less, and now I have a job, making 200 dollars less a month than my old job. I don’t get it. Either way we are looking for a place to move to, since no lawyer in sc wants to even talk to us about boa.
update; I got a letter in the mail finally a real letter with a real signature…now before you get excited for me… it was from my little clueless drone “Evan “in the supposed “CEO Customer Service office” promising to fix my credit, problem is its for the wrong dates and we have yet to see if they really will. The thing is… in 14 months of asking for written confirmation of what each clueless drone was telling me, it is the first written indication that they made a mistake.. I will add it to my mounting pile of papers for a lawyer to look at…if I can find one who does not want a retainer…who will do a class-action lawsuit for a percentage of judgement..
Don ,
What about cc to Michael Moore? I know that some people do not like him, but he is a dog on a bone when it comes to Big Business/Politicians cheating Americans
I think Michael Moore is an excellent idea.
It’s a great idea … really! … Knowing a little about how they make movies (which is what he does) it might take MONTHS.
Not sure we have that kinda time.
Don,
Have you seen this story? It all makes sense now why a huge profitable bank would act like they do not know how to conduct business,
http://www.alternet.org/story/147955/
“Treasury Makes Shocking Admission: Program for Struggling Homeowners Just a Ploy to Enrich Big Banks
The Treasury Dept.’s mortgage relief program isn’t just failing, it’s actively funneling money from homeowners to bankers, and Treasury likes it that way. “
No Lo, hadn’t seen that one … but I’m glad you found it!
I just wish there were helicopters flying over every town and burg in this country broadcasting these stories to the masses …
… asking the question …
“Save the BANKS?? What about We The People???”
Don-
Thanks. I have been keeping up with all these posts from everyone, and I am shocked that this is going on. I thought I was alone almost two years ago when I started this mess with BOA. I applied in October of 08. At that time I don’t think I was behind on my mortgage, but my husband had lost his job and we were anticipating needing this modification to pay the mortgage on my salary alone. We were told to NOT make a payment or two so we would qualify because if you were current on your mortgage, they could not help. I thought that was silly, but I did it because I did not want to lose my home. I figured they were telling the truth, after all, they are the professionals, right? I was told we qualified, and was asked repeatedly to send in documents after documents. I was also told NOT to make a payment on my loan because that would “mess up their numbers” during the modification process. I was told by someone else that I SHOULD make a payment. I made a payment and it was sent back to me. I was also told that while I was in “the process” that foreclosure proceedings would halt. They did not halt as we all know. I also contacted HUD about this and they said they cannot do anything because I am still working with my bank. They said once BOA denies me, get it in writing and contact them, then they can do something. I contacted HUD after my denial, and HUD could not help me at that point because I was too far behind in months and in money. I was now 30K behind because of BOA dragging their heels for over 14 months. While I was going through this, I became divorced, and my dad died. It has been a hellova few years and I am burnt out. I was told by a BOA rep to short sale my home. I have had it on the market now for over a year for 185K and I owe 252K. What a joke. I gave up not for me, but for my three kids. I did not want them to be involved in an eviction. I will not let them see me fail. We all moved and the worst part is my kids are miserable because they had to leave their school district and friends. BOA sucks……………..and by the way………… I WILL WRITE A LETTER!!!!!!!!!!!!!!!!!!!! I WILL WRITE MANY LETTERS!!!!!!!!!!!!!!! 🙂
Gawd … Bev, I’m SO sorry you’re going through this. We all are. Your story is OUR story. Hopefully, that fact will generate court cases that will snap this failed system into line.
For those that are going throught the exact thing I’am.
You can make a very string complaint to the ” Federal office comptroller of the currentcy. These are the guys who actually enforce the law on the big banks. When you go to thier website: http://www.occ.treas.gov/ Look on the left hand side and there is a tab for ” Consumer Complaints” Fill this out, you can do it on line….they will tell you exactly what to do. This is one of the strongest ways to be heard. They will contact you back. I’m pretty sure they actually sued BOA themselves and are doing it again. Let me know how it goes. DO IT NOW!
Ok, filed another complaint with this office, let see what happens. Anyone no a good lawyer in Ct to contact about this mess with Bofa.
K
i had taylor bean & whitaker, in 2009 they gave me a 6 month special forbearance agreement, after my first payment, BANK OF AMERICA took over my loan because Taylor bean & Whitaker was shut down by the feds…Bank of america DID NOT honor the new payment plan.
i have been trying to apply for a loan modification now for a year now, i have filled out the 5th application with bank of america because they CLAIM they never received the first 4???, even though i have the Proof of delivery from federal express, this has been so depressing not knowing what going to happen.HOW CAN I JOIN A LAW SUIT AGAINST BANK OF AMERICA IN NEW JERSEY?????????? please help
Daisy …
Please see my list of suggestions above.
Here is the response from the agency that SIGTARP “forwarded my complaint to, btw this is an email not letter..strange.. I went to the agency website http://www.mpadmin.com and it is for servicers to get information
Mon, September 13, 2010 12:16:32 PM
Agentid:1444086584 (TP)
…
From:
“escalations@hmpadmin.com”
…
Add to Contacts
To: lo)(*&$%^&
Thank you for your recent inquiry to SIGTARP, so that we may begin our research please provide the following information:
Homeowner’s Name:
Property Address:
City:
State:
Zip/Postal Code:
Servicer Name:
Servicer Loan Number:
Investor Type (Fannie Mae, Freddie Mac, FHA, or non-GSE):
Foreclosure Sale Date (If applicable)
Contact Email:
Contact Phone:
Nature of Inquiry & Attempts Already Made to Reach Resolution with Servicer:
You can send document as an e-mail attachment or by fax to 1-240-699-3883. Upon receipt of the requested information we will work with the servicer regarding this case and will provide you with an initial status within 4 business days.
Thank You
HAMP Solution Center
P.O. Box 809006
Dallas, TX 75380-9006
Phone: 866-939-4469
Fax: 1-240-699-3883
This e-mail and its attachments are proprietary and confidential, pre-decisional, not for publication, and contain Nonpublic Information under a Financial Agency Agreement with the U.S. Department of Treasury. If received in error, contact the sender and delete this e-mail and its attachments. Confidential treatment required.
Shanako,
I just read your post about getting help from HUD. Good luck with that and I am not trying to be mean or be discouraging in anyway but my husband and I already contacted HUD for help a week ago. They made us do this dumb HUD approved counseling class for 2 hours….got certified. Then you get lucky to even get a face to face appointment with a HUD counselor which could take up to 2-3 months to even get. We also called the HOPE hotline and spoke to a HUD counselor on the phone. She took all our monthly income and expenses…told us we qualified for the HAMP program. She did a 3 way call with BOA and gave all the info. to BOA to modify our loan through HAMP. The servicer came back and said we don’t qualify for anything not even in or outside programs….What a bunch of CROCK! The HOPE counselor didn’t do very much to help fight the case or negotiate. She said “well sorry folks that this couldn’t work for you, I will now leave the conversation for you to speak further with BOA. Have a great day” and she hung up. Yea what F-ing help she was.
Don’t even bother working with a HUD counselor it will be a BIG waste of your time trust me. Please seek a Loan modification lawyer who is on your side and who has experience in the industry with working with BOA. Most lawyers who do this have a standard person they work with at the banks. They also don’t cost much to hire as ours is only charging 1500.00 for everything (which to me is well worth the money). Do your research on lawyers and make sure they give you great details on their law firm before you even give them your info. Make sure you understand ex. what they are going to do for you and ask if you get money refunded back if they are unsuccessful. Aslo ask if you can contact at least 3 people they help negotiate a loan for to get their rating on that law firm. I hope this helps!!!
Let’s just add this little tidbit to the record of this site. If we actually get someone to dig into the gross fraud of this whole mortgage modification scam recalling these words, the Congressional Oath of Office should, at the very least, shame many of our governing representatives if not give cause for their impeachment and possible imprisonment. Many of them are, in matter of fact, in collusion with domestic enemies of the United States.
“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”
Ted …
THANK YOU.
I’m glad I’m not the only one who is FULLY aware of that oath.
This organization should extend their intent to politicians (which they don’t mention) …
http://oathkeepers.org/oath/
They’ve been called kooks and fanatics … unfortunately, by prominent people that don’t know what they’re talking about.
Look up the definition of the word “oath.” It ain’t just pretty words.
Here’s an interesting group of 5 people employed by Congress (the Senate) …
cop.senate.gov/about/
“Your tax dollars at work” … Interesting that we’ve never heard of them. At least I haven’t. Then again, why would either the bank or (sorry) even politicians point at the “watchdogs” responsible for monitoring their performance.
“By the way … see those five people over there? They’re supposed to make sure we’re doing our jobs.”
It’s a pretty site, and everything about it suggests they’re sincere, but I never would have even heard of them if I hadn’t been doing intense research for at least two months.
The chairperson seems like a nice lady, but her introduction video trumpets saving BANKS, not PEOPLE.
Rescue BANKS?? Since when are corporations more important than PEOPLE???
I just looked it up. The government gave 75 BILLION to banks in HAMP funds. Additionally, according to “SigTarp.gov,” the official government site for HARP, the number of PERMANENT HAMP modifications as of March 25, 2010, was 168,708, which is a pretty TERRIBLE percentage of the maximum of 4 MILLION that are expected to receive modification offers … and that’s not even close to the total number of applicants.
If they give the money DIRECTLY to the 4 million that are EXPECTED (but haven’t yet) to receive offers (and I don’t believe in government hand-outs) they’d each get …
Hold on to your hats …
I’ve TRIPLE checked the math …
Eighteen MILLION seven hundred fifty thousand dollars EACH …
EACH.
Check it yourself.
I mean it … check the math.
Those 4 MILLION people (homes) are only people who got to the point of getting OFFERS of a modification. If that 4M is only 10% of the total applicants, each APPLICANT would receive … hold on to your hats again …
ONE MILLION eight hundred seventy five thousand dollars … EACH.
What’s wrong with this picture?
I have been working with B of A for 15 months and keep getting the run around – now quite behind on payments. I would like to be a part of what you have going.
Here is my story once again for anyone who might not have seen it….I am so disgusted by BofA, also I will write a letter to 60 monutes as well, the more they get maybe the more they will look into this scam…..
Please Don email me and let me know what else I need to do.
In early July 2009 my husband and I were behind on our mortgage payment. I was very concerned about this and contacted our mortgage holder Bank of America to see if we could get on a repayment plan. I was talked out of doing this and convinced to apply for the Making Homes Affordable restructure loan.
I was unaware of this program at the time and the bank rep explained it to me.
I initially had a lot of questions and inquired about the acceptance and denial process, I was assured by the bank rep that once you were accepted into the program the only way you could be denied was if you failed to meet and complete what they required of you. First you had to see if you were approved, so I started the process with him at that time over the phone, he wanted all financial incoming net and gross monies we received each month and an itemized list of all outgoing obligations. I provided him with all of that and was then informed I would receive something via FedEx with in 30 to 45 days explaining the process and that at that time I would be required to send further documentation.
On August 10th we received a letter from FedEx welcoming us into the program and congratulating us on doing what we needed to do to stay in our house. On August 17th we received the exact same letter again asking for copies of our checking account, paycheck stubs and tax returns, we complied with all requests and sent them. Not once but twice as they apparently lost the first ones we sent them, they had record of them showing up but no one knew where they were. So could we send them again which we did.
I stayed in weekly and bi-weekly contact with B of A inquiring if we had completed everything on time – I was repeatedly reassured that they had all that they needed and for us to continue making our monthly house payment. Which we did.
Finally after many phone calls to B of A we got a FedEx envelope on December 20th 2009 thanking us for our financial documentation. We again received same said letter from them on December 24th 2009 saying that we had entered into the trial payment modification part of the program, it stated that we needed to make 3 trial payments of $1782.50 the first on or before 2/1/2010 the second on or before 3/1/2010 and the third on or before 4/1/2010. I again called them and said I had just made Decembers payment and I wanted the terms of the trial modification clarified and outlined for me. The rep told me that the December payment I had made had actually constituted the first trial payment that was to be made on or before 2/1/2010 – I asked him if I needed to make another payment in January and was told NO, your December payment will be applied to your first trial payment, I then said to him if I don’t make a payment in January then I will be behind another payment, and he said yes you will but that it would all get worked out in the loan modification, they will either put them to the back of your loan or incorporate them into your new modified monthly payment at a lower interest rate when the process is completed.
I stated to him that I was uncomfortable technically getting behind another payment and he then informed me that if I brought my house payment current it would kick us out of the program, I was not to waiver from the guidelines they set forth and had to comply with all they asked exactly they way they asked or we would be out of the modification program, I was again informed the payment I made in December was my 1st trial payment. I then said my regular monthly payment is $1780.39 and that the 3 trial payment vouchers they had sent me asked for $1782.50 it was a only a couple of dollars difference so not a big deal, he then said to me make your 2nd trial payment on or before 3/1/2010, I thanked him for his time, but deep down this information seemed just wrong. I waited a couple of days and called back with the same questions and once again was given the same answers, and told do not waiver from the program guidelines we set forth or you will be out of the program.
In February when we got our taxes back I called again and asked if I should apply them to our mortgage and was adamantly told NO do not do that it will kick you out of the program. He did say I cant tell you I wont take your money but I can say it will kick you out of the program if I do.
I made 2nd trial payment before 3/1/2010 still keeping in constant contact with bank making sure we had crossed every t and dotted every i and jumped through all their hoops, I was repeatedly told yes you have done everything we have asked just keep making the trial payments you are in the modification process follow the guidelines we have given you, do not waiver from them.
I made the 3rd trial payment before 4/1/2010, as May was approaching I called the bank again and asked them how I needed to proceed, as the 3 trial payment vouchers they had sent us we had already used for making the 3 trial payments, I was informed that they were way behind on processing the mod loans and to continue to pay the trial amount to put loan # in memo section of our check and to continue to send $1782.50, that it may take several more months. I paid the 4th trial payment in May.
In June I tried to make the 5th payment in the branch as I always had and it would not accept my payment, I came home and called the bank and was informed that a letter had gone out saying we were declined for the MHA modification since our current payment was not equal to or more then 31% of our total gross income….( Shouldn’t that have been determined long before we were ever accepted into the program? I think so if it had we would never be in the position we are in right now ) at this time I was once again reassured that we had gone straight into an in house program with the bank that would ultimately have the same outcome for I loan…so I paid the June payment, the 5th in this trial period only this time I had to now make payments of $1818.88 our original house payment had gone up due to our property taxes going up…okay I was fine with that and was told keep making the $1818.88 payment your still under review for in house restructuring. Again this was on June 18th 2010.
In a letter dated July 2nd 2010 we received a notice of intent to accelerate, I was beside myself and called them demanding to know what was going on with my loan, after speaking at great length with a rep and getting nowhere and no answers, I asked to talk to a supervisor. I did eventually get a supervisor and explained all we had been through from the beginning to currently getting her on the phone, she then stated your loan restructure was denied and closed on June 23rd. I then asked her when they planned on informing us of this, and she said it is not our job to keep you informed, it is your job to see where things stand…( are you kidding me? What did they think I had been doing through out this whole process? it is documented how many umpteen times I had called and tried to constantly and consistently stay on top of this whole thing.)
She then very matter of factly wanted to know if I could come current by August 1st 2010 in the amount of over $7000.00, I told her I did not have that kind of money and that there was no way I could get it in basically 3 weeks, I was then advised the ONLY thing she could do would be to split the past due into 5 payments that would be added to my monthly mortgage payment thus resulting in our house payment for the next 5 months being $2926.80, this is all she could offer and the only thing that could save our home from being foreclosed on…I had to take her deal because I had no other choice and losing or walking away from our home is not an option for us, we love it and have always had the intent of staying here and not walking away like so many other people have been forced to do.
I am so disheartened, disillusioned and plain mad as hell that the bank can do this to people and get away with it. Had I gone with my original plan over a year ago our missed payment would have long ago been caught up, but by taking their advice and doing what they requested and never waivering from the guidelines they set forth they have screwed us. I was 100% repeatedly in contact with them, I thought I had asked all the right questions and complied with all the terms they set forth…they had the ultimate decision to put us in the program or not, we were not aware of the 31% rule they have for their approving or declining process, someone at the bank dropped the ball big time with this and they allowed it to continue by accepting our trial payments for 5 months now they expect us to be able to financially pick up the pieces of their mess and their mistake.
I was also informed during my last phone call with them that federal guidelines had not even been implemented into their program until April 12th 2010 so how then could they even start the process or expect anyone to stay within their strict guidelines if they did not even know what they would be. I also asked at that time for a copy of the agreement I made with them for the repayment plan be sent to me in witting as I felt at that time I could not and would not be able to trust a single thing I heard out of anybody working on the their behalf. I am hopeful that someone on your end will be able to help us get some answers that make sense.
Update since I filed a formal complaint @ helpwithmybank.gov
BofA’s legal department has been forced to help me. Not to say they have been of any real help, I got 2 different letters of intent to accelerate my loan, so I asked them in their legal department tell me exactly what I needed to come current to you and also include Augusts payment in that amount,. I was told to come completely current the 3 payments they say I am now behind and Augusts payment and all late fees totaled $8879.88…..so I took them that full payment in cash on August 6th 2010 and paid it in a branch and immediately walked outside got on my phone and called my boa legal rep and she did not see that it was applied,,,REALLY,,, big surprise, she then informed me she was in North Carolina and 3 hours ahead and that she should be able to see it on Monday and that she would call me first thing and let me know Monday morning, I never heard back from her until Tuesday, my guess is she was not able to see it until then, but low and behold once again my payments were misapplied and posted here and taken away and reposted there to ultimately charge me for my late fees twice but then only reapplied them once so now here I sit once again having to walk them through correcting their own mistakes, to the gal helping me admitting to me it was very hard to read or understand my online mortgage account history ( Oh did I mention that they had me locked out of my own account for over a year and just since I came current reinstated my priviledge to look at my own loan something that was my right to do all along) People look at your account history, question anything and everything that does not look right or make sense to you. IT IS YOUR RIGHT….so now in the week and a half since I came current to them I have received 2 more statements neither of them is correct the 1st one showed my loan went up $400.00 per month and the second showed my loan had gone up $500.00 per month neither of these provided any explanation or reason as to the increased payments and my late fees I PAID are still showing up on my statement. Yes I talked with bofa and they are researching it as it was screwed up to them as well, also the online account we see when we look at our mortgage is entirely different then the screen that the bank people see, this was confirmed to me by the lady in their legal department, I asked her to prove to me by what she saw on her screen that my payments had in fact been paid and applied correctly, she complied and emailed me 2 copies of HER screen and then let me know the next day she was highly reprimanded by her supervisor for sending me something that was for bank employee eyes only, which just reaffirms what I have thought all along they are doctoring their books or have a second set of them altogether, as what I am able to see via their bofa website online banking is really different then what they are able to see via their set of records that are for bank eyes only. also I would like to add that they knew full well we did not qualify for this program but solicited us into it anyway and our trial loan payments never went down they went up…….This bank and it’s employees are the most unfair,deceptive,incompetent, constantly inconsistant, never get the same person in customer service twice, dropped, disconnected,blatantly hung up on,wrong, criminal,corrupt, predatory lending, fraudulent, disaster, emotional mind game playing, criminal, extortion, intentionally hold payments well past the date you paid them even in a branch so they can add late fees, nonexistant business ethics, vicious circle of lies I have ever had the displeasure of having to be forced to deal with and yes in the process of all of this they destroy your credit so you really have no hope of ever get out from under them. Go to your local media, mine is FOX12 and they came and did a story on this bank and its lending practices and they are doing 2 follow up stories , I also have an attorney and a class action suit in Oregon will happen very soon. Make waves rock the boat make your voice be heard, stand up for the home you worked hard to buy don’t let them win…it is all out the money to them, they do not care about helping us, they I believe are to just trying to appease us and they are ultimately looking for another way to screw the people who are actually able to come current to them, something I also believe they did not think would happen in my case…well I proved them wrong and I intent to make all of their lives as miserable as I can by tieing up their phones and emails and generally doing my best to be as big of a pain in the ass to them as they have been to me these past 14 months. I have even told their legal department if they do not fix their mess by the time my next payment is due on 9/1/2010 I will fly to North Carolina and park my ass on their desk until I get some satisfactory results that for once are in my favor and not the banks, my husband supports this decision and I hope the bank does not underestimate me or how determined I am to have them fix this situation that was directly caused by them.
Please if you are in Oregon respond to me with your situation as I am compiling all of our stories for a legal defense.
mnicemomma@aol.com
Nice,
I’m here in Charlotte with almost the exact same story! Been at it with BoA since March 09. If you come to Charlotte contact me! I’ll drive!
I am just outside Charlotte as well and have the EXACT same story…been in it since May ’09. Count me in!
Below is a confirmation of my questions for the Congressional Oversight Panel, you can file a comment, question or your story on their website, Lets ALL do it and flood them with our stories! go to;
cop.senate.gov/contact/index.cfm
Thank you for your submission to the Congressional Oversight Panel. Included below is a copy of your submission.
About You
xxxxxxxxxxxxxx
Your Question or Story
Question
What have you done recently and what mechanisms have you put in place to ensure that servicers of HAMP , Bank of America in particular, will administer this program in accordance with Banking laws, civil right laws and to the homeowners/taxpayers benefit?
What mechanisms have you created to help those homeowners that are being violated by these servicers intentional misuse of HAMP to increase the fee’s they are allowed to collect?
Where can homeowners/taxpayer file request for you to investigate a servicer, and receive updates on that request?
LO – Thank you for the link – hope you don’t mind but I copy and pasted your question to them as well – you put it into good words, so I used it – I have been dealing with BofA for 15 months and I am on about round 4 for a modification – I have gotten the run around so many times it is ridiculous, but I am persistant, I can’t imagine how many people finally give up. So grateful to find this info
Don:
Problem , when I filed for the exparte hearing they told me to pick a date. Giving myself more time I picked September 27, 2010. I am told now that if the Sheriff comes before that date he can still post a 5 day and I will have to move. Have you herd about an Amended Stay? please I need to know and everyone that I call doesn’t know the answer.
Margo … I just Googled “amended stay” California. It seems to me what I thought … “Amended” only means “added to” or changed. A “stay” is asking a court to halt an action until it can be heard by a judge, then decided.
Just so you know, I found this definition of “ex-parte hearing” — “An ex-parte proceeding is a proceeding in which only one party participates or appears in Court. In order for an ex-parte hearing to be valid, it must be shown that the non-participant has been provided with proper notice of the proceedings. In spite of proper notice, if the non-participant chooses not to appear and contest the action, then it will result in an ex-parte decree against them.”
A “stay” from a judge will stop the action … whatever you ask for, if it’s granted, but you have to be specific about what you want, backed by physical evidence. As you can see, an ex-parte hearing (hearing minus one “party”) will hear you without them, as long as they are notified.
I’m no lawyer (just as well) but this is my understanding.
Don:
Problem , when I filed for the exparte hearing they told me to pick a date. Giving myself more time I picked September 27, 2010. I am told now that if the Sheriff comes before that date he can still post a 5 day and I will have to move. Have you herd about an Amended Stay? please I need to know and everyone that I call doesn’t know the answer.
Margo
I just got off the phone talking to the President/CEO’s office of BOA. To refresh your memory, I have been having the same problem as all of you but without a foreclosure notice(yet). About 2 weeks I wrote my congressman, senators, and the Prez with only my congressman responding(could be that it is an election year for my congressman but I’ll take his help regardless and according to the outcome of this, I may even vote for him again!). Anyway he responded asking for more info and he made an inquiry to BOA. He gave me someone in his local office to contact if I need any further info. Within days of his inquiry with BOA, I get a call from the office of the President/CEO of BAO. I wasn’t home so they left a message asking me to please call them with regard to the inquiry. To make a long story short, we have played phone tag for a week and today finally got together. She said she is confused about my modification also as in one part in looks like my modification is finalized(just this month, could it be the congressional inquiry?)but there is no final documentation and she is working on clarifying that and is 90% sure my modification is finalized. She asked me to give her another week to track this down and get me an official letter stating my loan modification is finalized. I am not celebrating and won’t until I get the official documentation but it looks promising for the first time in months. I did tell her about the run around I got, how I had to talk to many people in one phone call or call many different numbers to be told they were still deciding. I also told her I was one of thousands with this problem with BOA! She did say she had many, many modifications to look into leading me to believe that this is a BIG, BIG problem with them. Even IF I get my modification I don’t plan on bowing out on the rest of you, I want to stick around for the fight and help as I can. I advise those of you who haven’t, to write your congressman and ask for his/her assistance. My congressman is Pat Tiberi from Ohio and I am sure his office would tell any other congressman’s office who to contact if they don’t know. I also urge you to call the office of the President/CEO of BOA(not the Prez of US as it appears he is not interested in helping “we the little people)-this is the number they gave me to call 877-498-7226, please use it. I”ll keep you all updated on my progress and if I hear of any different info that would help the masses here, I will pass it along. DON’t give up!!!! And get to writing and calling!
Joy,
I do not want to rain on your parade, but want to reassure you that you heard from the “President?CEO” office because of your complaint to Congressperson. Same thing happened to me after I wrote the haggler@nytimes.com and Attorney General of Texas and cc to BOA CEO office. I have no doubt there is a boiler room of phone reps they route these complaints to that get the modification to you. I got mine. It had been 8 weeks and my second set of papers. Unfortunately, I signed them because I was afraid of foreclosure even though the numbers did not add up and my payment increased. I just wanted to be done. I’m sure you understand. I also got this rep from the office of the CEO to send me a letter confirming they will fix my credit and make sure ALL of the missing payments were on my transaction record. So there was some good that came out of it. Now I just have to make that bigger payment ( I am since unemployed) while I pursue a lawsuit. Be careful of what you sign, but I will totally understand if you do what I did out of fear and exhaustion 🙂 Hang in there, we are going to GET them!
I just wanted to clarify, it had been 8 weeks since I mailed them in with proof of delivery. It had been 13 MONTHS of hell to get to that point.
I just got off the phone with a representative from Senator Richard Shelby’s office in DC in response to a (2nd) email I’d sent him about my BOA problem. The only thing he suggested is that I call the HOPE Hot Line, and he gave me a number. Is this separate from the HOPE department at BOA? I asked the Senator’s rep and he was not sure. Not much help here, but at least they’re getting the picture!
Yes Jennett … they’re separate. I mention the Hope line and Money Management International in my list. They are where the Hope line sends you. They are a non-profit designed to help you navigate your negotiation with BofA. I found them very helpful. One advantage is having someone else on the line. It’s harder for a rep to pull something. I found them to be more responsive when MMI is on the line. Another advantage is the fact that they keep a record. It can’t be obtained without a court order, but if/when this goes to litigation, it can be gotten and will be a third party confirmation of what you’ve said and done. From personal experience, the MMI customer service people are NOT “favorable” to banks, but there to help you deal with them.
Joy … Best of luck. I hope you get it. With your Congressman doing oversight (the only thing they can really do) you might have a shot. I mirror your sentiments about all this.
I sent my story to the Congressional Oversight Panel! Have also written to my two Senators. I hope everybody is doing the same.
In the meanwhile, I’m pulling together all my documentation, including phone records if I can get them. ATT says the only way I can get home records is through subpoena, but I can get a record of calls to toll free numbers made from my cell phone, and I’m doing it.
The local office asked me to give them copies of all my notes/records and they will “try to help me” get it straightened out. I may give them a minimum of information but will NOT show my entire hand. Fool me once…..
Hang tough, Everybody!
Jennett … Great job! Senators may not be as responsive (as you’ve pointed out) as your local Representative or State Representative. Senators are statewide and local representation is more sensitive to residents/taxpayers. And damn! I’d better get to work on getting phone records. They’re a key point of evidence … particularly when they’ll illustrate 2-3-4 hours in a single day. Thanks for that nudge.
By the way… I learned today that my credit rating dropped nearly 200 points from the time we applied for the home mod to yesterday!
Jennett,
It is illegal if you were on time when you entered the HAMP program for them to post you as LATE. If you were late then under HAMP supplemental guidelines 09-01 and or Fannie Mae they can post you late. Check out both of the websites and respond as needed.
I was current when I entered the program and remained current during the program and they reported me late anyway and refused to correct it. That goes against both Federal guidelines as stated. I hate BoA!
Mary, thanks for the cite. I’ll look it up. But that’s exactly what they did. We have never missed a payment on our mortgage – not even been late! Our credit, our bill paying history, has been impeccable. I’m trying to get a copy of my new credit report showing it, for documentation. Requested them from the Credit Bureau in writing but even they are giving me a runaround, but that’s probably a good thing. Will let everyone know how this turns out when I get all the reports. I’m really ticked, and the harm they did to our credit, just because we applied, is an atrocity!
Jennett…
You are welcome. It may do you no good to complain to the management, but because it is Federal guidelines that they crossed, you may have leverage in either court or in bankruptcy.
I wrote a RESPA letter and the manager who answered me and refused to sign his/her name, stated they would not remove the bad reporting.
Federal law states if you were current when you entered the program they are to report you as CURRENT but on a partial payment plan. If you were Late, then they are to continue reporting you as LATE but on a partial payment plan. You fall into the first category. As I told the manager, it is not a suggestion for them, it is the law!
My credit scores went from the high 700’s to the low 500’s because of BoA.
Terrific exchange between you two! I hope others read through this and pick up your pointers!
My case is great full of Blatant fraud on BofA’s part Im in Cali Have lots of info that might help you in any state names ect if u r interested in info u can call 760-534-1486
How do I get my name on this suit. Bank Of America has single handedly ruined my credit. I was not in default when I started the Home Affordable Loan Modification and was not told they they were going to report my in default each month for paying a lower (trial) payment that they told me to pay. I had no idea they were putting me in default. I tried to do it the right way before I had major financial issues. They request information and then say they never get it…over and over again…All these cases sound the same. Anyone out there in Florida having the same issues?
Cathi …
There’s no real “list” to add your name to on this blog. It’s really a place for us all to come and exchange information.
Your best bet is to look back through the entries/posts and learn what we’re all dealing with. Your story is OUR story, and you’ll see it repeated over and over. But you’ll also see what people are doing about it. There’s a line in light blue at the top of the page “Previous Comments.” Click on that to read back.
Not too far back is a list I’ve posted that some folks find helpful. It’s repeated a couple of times. You’ll also see a few others from Florida. You’ll need to get in touch with them, band together (into a “class”) to make a class action lawsuit in your State. Until there’s a Federal court action, it has to be State-by-State.
These modifications and mortgages are “contracts” between two “parties” and are regulated by “Statutory Contract Law” in your State.
You can also use Google (as you probably did to find this blog) to find more information about people dealing with … or suing … Bank of America. In the posts (and on Google) I’ve seen links to news broadcasts in Florida about the problem.
NO … you are not alone. Unfortunately, the reality of the situation is that YOU have to do the work to make things happen … even if it’s just to get a fair hearing on your modification.
Read back … then holler if you have questions. There’s many bright, experienced people here to help you along.
I am looking for information on joining this suit against BOA, here in Phila., PA. My original mort was being modified by Countrywide in Sept ’08 and after 2 discrepencies was finalized in Jan ’09, during the Mod processing time BOA bought them out and apparently never kept up with CW’s Mod processing and just took the initial Mod info. Have been trying since OCT ’09 to get BOA to correct my mort info based upon the finalized Mod. Any info on joining this suit against BOA would be much appreciated, I can be reached via email at matye@comcast.net
Michael … Nice (sad under the circumstances) to see another Pennsylvanian. Please see my note to Cathi above. That’s the way to start.
We should keep in touch as things progress. One Pennsylvanian got her mod and dropped off, but there are a couple others. I’m sure more will emerge. Since you’re new to the blog and from PA, Fox29 covered my case and another fellow from Philly.
I don’t often get in FRONT of a camera, but this issue was too important to be shy …
myfoxphilly.com/dpp/news/local_news/mortgage-aide-program-gets-mixed-results
I’m at donsweet@verizon.net.
As with Cathi, once you’ve taken the “Dealing with BofA 101” course, give a holler. We’re all in this together. That’s what makes it a “class” action.
Status Report …
I made my calls today and the grapevine is activated. Thought I’d post this before reviewing today’s entries. Quite a few tonight! Great!
It’s going to be a good idea to wait for a couple days for an email to 60 Minutes if I can turn up an address direct to a producer or other official at CBS. One of my contacts also knows folks at NBC.
We’ll see.
I never signed up for this program and have always had pefect credit and have been put through sheer hell trying to make my payments to BofA for the past 11 months. Have filed four complaints with the OCC and that gets BofA’s attention but they still keep messing up my credit, my health and life. How can I get away from them. I need to find out how to get in a class action lawsuit as they have caused me so much trouble for the past 11 months. I want to sue them and get away from them completely. Even though I have never even bounced a check or had a late payment with anyone in over 40 years and have a 790 credit score I am considering just walking away cause I can not take the stress anymore. Who do I contact to get in a class action lawsuit. I want BofA to have to pay for what they have and haven’t done for so many.
I agree the stress that is felt everyday because of Bofa is to much to bare sometimes. I have been out of work for almost a year on disablity because of these issues. I am thinking of walking away from my childhood home and selling the property just to get away from that crazy bank myself..Good luck and take care of yourself.
So many are asking how to get signed up for a class action lawsuit which I have requested also three different times on three different sites and only get to read more and more of people’s problems but it is stressful to not be able to get an answer and find out how to sign up. I have been through hell with BofA for almost a year and all I need to know is how to sue the “poop”out of them can’t anyone tell us how to get our names on the list. I get hundreds of emails but no information to help me get on the class action lawsuit. Bank of America has given me the run around for almost a year. Will someone please send me the contact information to get on a class action lawsuit. cyclequeen19532000@yahoo.com. I never signed up for the MHA program and was fraudulently placed in it and need someone to guide me in the right direction. I feel like the only choice I have is just to walk away from my home and rent a home and never buy a house again. this has been Hell. We should be able to pick our banks and not be forced to be with Bank of America. I wished everyone would go on strike and take all their money out of Bank of America. I have had 10 friends of mine move their money and cancel their BofA credit cards for what they have done to me. It is just a small ding but if all of our friends would ban together you never know what might happen. The news stations and Clark Howard won’t contact me back and lawyers want thousands of dollars to try and straighten out a mess that bofa caused.
I too have written letters to my congressman and senators; awaiting on a response now. I also have had my file with Bofa escalutaed to the Pres./Ceo office and really got same results as every other department. Bottom line, told to get a fixed rate mod and account current before I was able to take reesposiblity for my deceased father’s loan. Ok, now 14 months later got the mod, mortgage payment went up and now they are refusing to help me because and I quote “It is a subprime morgage and we do not allow assumptions or the ablity to ref”. So, end result, I need to get my own mortgage to keep my family home of 30 years. According, to the rep in CEO’s office assumptions has no file from last year and I would need a court order to get those records. However, the assumptions department/ correspondents department send me the paperwork last year, which I still have and assured me the mod was needed to move to the next level. Ok more lies just to get money, of course they want me to keep making payments on the loan and even remain as a third party. My lawyer is having a field day and probate has got to be closed. Unfortunately, my lawyer only handles estates etc…no help otherwise. Good luck to everyone as the fight with Bofa must be dealt with, people are trying to safe their homes and santity.
Don – I am interested in writing a letter to 60 minutes. Also, I am in Lithonia, GA I was able to reach Clark and Williams in Brunswick and I have retained them to start proceedings against the almight giants of the Bank of Satan…
Mercedes-
Would like to hear about your story. Gina in atl
cyclequeen19532000@yahoo.com.—
There is really no where to just sign up..you have to do the leg work and research to find an attorney that is in your area and maybe interested. I had to just keep searching the internet and reading blogs any attorney’s name that I saw on this site or any other site and send emails or a certified package with all of my information detailing the events of my fight with BOA.
And finally attorneys started contacting me until one signed me up. All I can tell you is to just keep sending emails to different attorneys..I have sent packets to over 20 attorney’s and television stations certified mail.
Hello, I just recieved a “Notice Of Intent To Accelerate” from BofA as Oct 3. Does anybody have any idea how much time I might have before the foreclosure
You should have some time to stop the process at this stage, contact bank to attempt for a modification and that will delay the bank in paperwork. I got that letter two years ago and just keep attempting mods until finally it was worked out with the bank. Not to say it was really an help but at least it keep the house from forecloser.
Rick,
BOA said they sent me a letter too but i never got one. I also sent them all the money to make me currant which was two months but they sent it back and took me to court, i pay every month and they keep sending back. I got a lawyer and beat the foreclosure (at least I think we did). They are still sending my money back. They are up to something, I will know on monday, that’s the date of sale they tried to get. GET A LAWYER AND KEEP PAYING YOUR MORTGAGE.
Just hung up talking with someone from the office of the CEO / Escalation Team, asking for financial info, and then she said she will assign a negotiator to my “complaint”. I know there are others who have already gone this route… what usually happens? Is this a good sign or a useless waste of time?? HELP.
Remember, I’m current… I just want my credit record straightened out. I’ve NEVER been late — it’s just their way of recording the payments that make it look like I was!
Jennett …
I’m dealing with that office myself. Not to sound skeptical (ha!) but I’m not even a little confident that this process will go more smoothly, sad to say. The individual I’m dealing with is “nice,” but “nice” doesn’t mean her training was any different than other reps. If they have a planned systemic agenda in place, The Office of the CEO is where it CAME FROM, and if anything, they’ll be MORE sophisticated in their tactics.
Not only am I keeping a more watchful eye, I’m CCing all my emails to both my Congressman and State Representative. If I call, I use Money Management International from the Hope line (the number is in my list).
Problem is, I (with MMI) don’t always get her and she calls me back … no MMI on the line, no email to my politicians. This is where I’d LOVE to record them.
Interesting moment last week … she got VERY defensive when I mentioned … just mentioned … Statutory Law … and asked abruptly … “Are you in litigation with Bank of America?” … when I convinced her I wasn’t (and did NOT use the word “yet,” even though I wanted to), she put me on hold, coming back as if nothing was wrong.
It was clearly a moment of paranoia on her part.
Try and get your politicians to accept being CC’d (Carbon Copy) on emails. Actually, you have to request from BofA that you CAN communicate through email FIRST … probably only with the CEO’s office. Regular reps are prohibited.
Try NOT to fax documents. That’s not as traceable as emails. You can subpoena records … indisputable records … from your Internet Service Provider if it goes to court. Faxes are just a phone call … no record of attachments. Also ALWAYS checkmark both priority AND return receipt in your email.
If you have an attorney, you can CC them, too, but I’d get permission from anyone you CC.
There’s also a “BCC” option in email, but the “B” is for “Blind” and it isn’t seen. Make sure your BofA SEES the CC addresses so they know they’re being watched. These will also be third party records of your communications with BofA.
Also, reps will NEVER include CC recipients in any reply. Make sure you send an email back to any reply and include the text from their response, CCing the people you’re copying to so they see the BofA response.
Dealing with the CEO’s office certainly isn’t, in my experience, a waste of time. I believe the key to be OVERSIGHT.
Yes (and unfortunately?) do everything they ask … and TO THE LETTER. Don’t give them and excuse to decline. If your CC parties see sincere effort on your part and BofA monkeyshines, red flags will pop up.
I already have monkeyshines popping up, but can’t go into it yet.
At every stage it’s clear they’d really prefer you’d really just give up, shut up and give them your house.
“Nicer” people and an office with an impressive title really isn’t going to change that.
Remember, this is the 5th largest corporation in America. They don’t do ANYTHING by accident.
STEVE
This is EXACTLY what happen to me. They sold my home the 24th of may and I was evicted from it on the 17th of July. These modification’s in error are these dings bats error NOT ours. I am in Virginia and nearly every attorney wont help me because it BOFA. I actually had one and he backed out. Since my home has been sold I don’t even know if a class action attorney will be able to help me , but I am still not giving up.
The comments on this board very much mirror the plight I have been
going through for almost two years. I wonder how that class-action lawsuit out of Texas is shaping up versus BoA? Well–I’ll get onboard.
email me: rlmc1@yahoo.com