In 2009 we had a binding agreement with Bank of America regarding a mortgage modification at 31 % of our gross income. In Dec. 2009 we were verbally given an amount to pay as our three month trial period payment which they accepted from us for 11 months. After nearly a year of accepting our check BofA contacted us to say they will not take any more payments from us.
STOP right here. We operated in good faith and made an agreement with the bank. They opted out of nowhere to renege. You can’t do that. Since then and now there has been no effort on their part to deal with us in good faith.
There was something about all verbal agreements being off the table. Were it not for BofA our credit would be in great shape and we would be contributing to the economy. Repairs on the house and purchasing a new car have stopped until we know where our life is going.
We have tried everything we can to modify our mortgage which was necessary since the company my husband worked for closed earlier in ’09. We have filled out reams of identical papers numerous times, tolerated constant harassing phone calls, recorded conflicting statements by BofA on the telephone and have collected letters of clashing statements. We even have one letter that says we did not get a modification because we are not in default, however, they had us in foreclosure status at the same time.
Our lawyers have written letters to Secretary of HUD and I wrote to President Obama. How does BofA get away with it? The Federal Government gave them money, our tax money, to help them with people like us.
(To date: HUD= useless HAMP= useless)
*June 16, 2012: The pressure of the two of us feeling alone in a struggle with Bank of America got to me and I went searching for places on the internet to research the problem and speak my peace. Living with Bank of America in your home is like living with an abusive spouse. They count on you keep your mouth shut and be intimidated into not putting up a fight. I posted on Facebook, Consumer Reports and a few government agencies. Apparently embarrassing them got their attention, if for only a few months.
*June 18, 2012: FedEx delivered a package of new set of papers for us to fill out. The papers came from Nichole Cosenti (a new name to us). We will fill all the forms out again but we recognize the papers as things we’ve done before. Six hours after I posted on Facebook and this web site went online I got a call from Steve Fox, (a new name) and a person who said he understood and would put our matters in the fast lane. He told me I would hear from someone within the next 48 hours.
*June 20, 2012: We just got a FedEx letter signed by Nichole Cosentio dated June 19 that says “Your loan is not eligible for a modification because you did not provide us with the documents we requested.” The letter did not say exactly which items were missing. Since Dec. 2009 we have given BofA_ everything_ they asked.
Meanwhile, while Nichole’s letters showed up at the house at 1:30 Elise Stallworth (a new name) calls my husband’s office and says she is “now our account relationship manager and our single point of contact for all matters related to our account. She is the fourth “single point of contact” we’ve had in the last year or so. (Elise’s fax number is 866-255-4518…….800, 866, 877, and 888 are not assigned to geographic locations so there is no such thing as sitting down with any of BofA bullies for a meeting with a lawyer.)
Ms. Stallworth said she is committed to getting our situation resolved and to being able to offer us some kind of resolution to things. She told us she is going to email me her contact information and a list of what documents are still outstanding. She listed three items she needed. One document she listed was given to BofA in April , three months previously, and another in May, two months previously. The third document isn’t even available yet, even to us. As of that evening everything was signed and faxed to the number she gave us. My husband made a follow up call but there was not an answer nor do we have her address.
*July 6, 2012: Sixteen days later the FedEx truck pulls up with another overnight letter containing more documents for us to fill out for Bank of America sent by Elise Stallworth. With the exception of one form all the rest had been sent to her within the last month. My husband has all this down to a science and mechanically just reproduces the information, changes the dates and we sign. This is NY and in this state BofA can’t touch us unless there is a ruling by a judge. BofA doesn’t have anything on us that will look good before a judge. So we wait and wonder when someone will ask BofA what they did with the TARP money, our tax money, the government gave them. (So we heard from people who work with BofA, the bank focuses their mischief in states where they don’t have to work with a judge. New Yorkers are sitting and waiting in a limbo.)
*July 9, 2012: A few hours after posting about July 6 I got a phone call from “Blanca” ( a new name) who was calling as a debt collector from Bank of America from the office of Elise Stallworth. Even though they called me, they asked my full name, social security number and loan number. I told Blanca that we are doing what Elise asked and the papers were on the way yet again. She connected me to the voice mail of Elise. Even though they called me, I ended up with a voice mail.
I should have left a message for Elise which I read on www.bankofamericasucks.com
“B of A corporate culture and management style is a health hazard! If you subject people to a stressful environment, they will behave and decline as such. This is counter-productive…..ding ding ding !!!! It’s HR 101 for God sake ! No human being can be expected to effectively produce under these conditions long term. During my brief employment, I took notice to the overall health of those who had been there for more than 5 years. Obesity, COPD (which can be a terminal illness), high blood pressure, fibro-myalgia, bulging discs, sleep deprivation, shingles, prescription narcotic addiction and worst of all…….an extreme sense of self entitlement. One way or the other, the constant stress from unreasonable expectations for production WILL eventually kill you.”
There was more:
It’s important for leadership to recognize bullying in the environment by leadership. If you take a look, you will see unusually high levels of the following:
suicide or attempted suicide
death in service
ill health retirements
Blanca and Elise at 1-800-669-6650 should be aware that Bank of America was given money, their tax money, to end the mortgage crisis. B of A and Brian Moynihan have not exactly been operating in good faith. Our property is in NY and it’s the law that the contradictory paper work has to go in front of a judge. I’m guessing you think you can just knock on the door and take ownership but you can’t. It is also the within the law in NY to record telephone conversations as long as only one party knows it is being recorded. We’ve already done this and have a multitude of conflicting statements.
I wish nothing but the worst for Brian Moynihan on his summer vacation. While he and his types spend our tax money there are people without homes and have no idea what the future will bring.
*July 11, 2012: Elise Stallworth, of BofA, 877-471-4367 ext. 226299, just sent us another set of papers to fill out! She also said she couldn’t reach us by phone. (?) I faxed her back my sincere thoughts and referred her to this web site.
*July 26, 2012: Ms. Stallworth called and said the bank needed additional documents.
*July 27, 2012: Items were sent.
*July 30, 2012: Elise called and said she needed one more item and that would be everything they needed. The document was sent to her the same day.
*July 31, 2012: In spite of the words ” that would be everything they needed”, Elise called and said the bank needed more verification of our income. (That particular request would expose the private information and income of other people.)
This time my husband said he wanted that request in writing and he said why he thought that was unnecessary. She said she would talk to the underwriter. Then she called back and said she still needed it. My husband emailed Ms.Stallworth to confirm the conversation.
His email listed all the different ways we had verified our income. He said he would get whatever else she needed but he needed other people’s consent for some of what they said they needed, hence, he still wanted this particular request in writing. (The information they needed involved mentioning other people’s income…(?)
*Aug 1, 2012: Elise Stallworth spoke to her manager and now they don’t need the information.
*Aug 2, 2012: The HAMP Solution Center of the U.S. Treasury Dept called me today. Erin Teague (new person) explained they are representatives of the Department of the Treasury. HAMP is part of the Obama Administration’s comprehensive plan to stabilize the US housing market by helping homeowners get mortgage relief and avoid foreclosure. Since HUD told us they couldn’t do anything for us I wasn’t impressed with this call until she told me she was responding to my email to President Obama on June 16. She had my full attention. Ms. Teague said I would be recieving a letter verifying my email and that the White House forwarded my letter to the Department of Treasury.
Erin Teague said that the Department of Treasury got my email from June 16 and were assigning a case specialist, Robert Salazar,(new person) to keep our file open until there is a solution with Bank of America. (R. Salazar: 866-939-4469. Option 3, Option 1) Ms.Teague and Mr. Salazar are both in the Dallas, TX office.
At first I was excited that someone from the Federal Government would be watching to see what happens but then I remember that about a year ago our lawyer contacted HUD and although HUD did not help us directly, our lawyer did hear from a negotiator at BofA who offered a miniscule reduction in our mortgage payments. After three or four conversations the negotiator from HUD stopped answering the lawyers phone calls.
Aug. 5, 2012: Any day now I will post again somewhere and I am predicting we will be asked for another set of papers. It’s what they do to keep you quiet. In the meantime a fellow victim sends me links and youtube things and I posted them with my links.
Aug 22, 2012: In the last two weeks not only did we get a letter from the Deptartment of the Treasury but we got an offer for a modification from BofA. At first I was excited but then we read it over carefully.
1. According to HAMP the modification should be 31% of your gross income. The amount we were given is 36%. We called Robert Salazar and followed his advice and things got worse.
2. The terms said that if we pay the new monthly amount we “may” get the modification. If we hadn’t paid eleven months during a so-called trial period once before we wouldn’t give this a thought.
3. We know people who did absolutely nothing to keep up with their paper work with BofA and not only got a modification but their late charges and past due interest payments were waved and the principal was reduced. All we were offered was a drop of the late charges.
4. Nothing was mentioned about changing our credit score.
We had three choices: Accept by Aug.21 and not pay until Sept. Two, we could make a payment of certified funds by Sept 1st. Or, third, reject the offer.
We paid the amount for one payment but signed a letter stating we were paying under protest because of all the reasons above (No one _ever_ responded to our protest or that the amount was over 31%. Each time we bring this up and do the math with whoever is on the phone no attention is given to the fact that BofA does not follow HAMP guidelines.) We also sent more proof of our correct income. We spoke to RobertSalazar at HAMP who said it was best to pay the amount BofA gave us but to get back to him 30 days after we sent the additional proof of income and the protest letter if BofA had not corrected the payment amount. (A little over eight months later we finally heard from BofA after we sent the additional prooof of income and the protest letter and a payment in the amount they asked for.)
Feb. 5, 2013: It’s been three years and two months trying to get a mortgage modification from BofA. It’s been six months since I posted last and nothing has really changed. BofA has requested additonal paper work on a few occasions and it has been given to them immediately each time. Regularly my husband calls Elise Stallworth and her response is usually that there is nothing new, the file is with the underwriter and she’s waiting to hear from them.
Robert Salazar, HAMP Solution Center of the U.S. Treasury Dept 866-939-4469. Option 3, Option 1. No word from him.
Elise Stallworth, of BofA, 877-471-4367 ext. 226299 She says our paper work was complete sometime in Nov. but as of the end of Dec. a decision had not been made.
As of last week she said a decision has been made, we were approved for another modification but she didn’t know what the terms were and the reason we haven’t gotten anything in writing is because their system still shows us in the last modification (the one with the wrong amount of 36%). Nobody can seem to figure out how to put our new modification in the system because it still shows the last modification. Due to that she can’t even tell us the new terms because she can’t look them up.
April 12, 2013: We received a $300 check because we were eligible for a a payment as a result of an agreement between federal bankng regulators and BofA in connection with an enforcement action related to deficient mortgage serrvicing and foreclosure processes.
I don’t want $300. I want our credit back.
April, 2013 : Elise Stallworth called my husband and said that we were approved and then she gave us the amount, which was even higher than the 36% from eight months ago..
April 26 , 2013: We recieved a letter from BofA saying we are “approved to enter into a Fannie Mae Trial Period Plan. This is the next step toward qualifying for affordable and sustainable mortge payments”
The payment is now 39.76% of our income and is not HAMP but Fannie Mae. We followed Robert Salazar’s (HAMP) advice and the situation got worse.
BofA completely ignored our letter of Aug 17, 2012 which we explained that the HAMP modification they offered was not 31% of our income but 36%. We stated in the letter that if the payment was adjusted to 31% we could and would make those payments. The difference was over $500 per month. Instead of responding to our letter they said we defaulted on the HAMP modification and were no longer eligible for the HAMP program. They took it on themselves to submit us for a Fannie Mae modification. They have now offered us a Fannie Mae program that has a payment of 39.76% of our income.
Again the letter was signed by Elise Stallworth, 1-800-669-6650. Ext. 226299.
It’s been three years and five months of not knowing what was in the mail next. More than ever I believe that living with Bank of America is like living with an abusive spouse. They count on you being silent. They use intimidation to bully you into cooperation. The more we stand up to them the more obnoxious they get. As long as we were silent nothing was being done at all. To bring attention to our cause we’ve had to put our chins up and go public. Until now our finances were private. The experience has been humiliating and not the least bit necessary. We vote, pay taxes, pay our bills and stay out of trouble. I don’t understand why this is happening nor do I see a useful purpose for banks that cannot be trusted.
May 25, 2013: Julio Gonzalez (a new name and fifth single point of contact) sent us a letter saying he was our new Customer Relationship Manager (CRM) at Bank of America, N.A. our home loan servicer. 1-877-471-4367. extension 466443.
June 5, 2013: We spoke to Julio but all he wanted to talk about was the last offer from Fannie Mae from April 26, 2013. He didn’t know any other parts of the history with offers from HAMP in 2009 when BofA just decided to call off the deal they had made with us and we paid for 11 months. Or the HAMP offer of Aug. 22, 2012 when the bank wanted to bill us 36% of our gross income instead of 31%, which is the standard for HAMP program requirements.
June 7, 2013: We sent a letter certified mail to Brian T. Moynihan, Chief Executive Officer, Bank of America, 100 N. Tryon Street, Charlotte, NC 28255. We mapped out all the details our mortgage modification problems since 2009.
July 9, 2013: We got another letter from BofA saying we were denied a mortgage modification because we did not make the trial period payments. No, we did not because the amount is wrong but we did make 11 payments in 2010, which the bank took then changed their mind. We also made one payment in good faith in 2012 with a protest letter pointing out it was not 31% of our income. The July 2, 2013 letter from BofA was the first one that had a web site offering a website for filing a complaint to the New York State of Banking Department, which doesn’t exist any longer. This department has been combined with the NYS Insurance Department and the new name is The NYS Department of Financial Services.
June 10, 2013 Julio was supposed to call and did not. We left a message, he returned our call on the 11th and said we had the wrong date and we made arrangements to speak on June 12 . On June 12 we spoke for 90 minutes. The outcome was that Julio clearly understood our argument that we were protesting for a 31% payment as is the guideline of HAMP and that was not the payment offered to us by BofA. Julio said he was going to have our file reviewed on that point. He said he would call us back on June 19th but he did not. At 8:30 PM EST we left a message for him. We got a letter saying he would get back to us by July 9th.
July 12, 2013: Julio called us to discuss the letter and our choices now.
My husband did the math with Julio, step by step, to show him that what they asked for was not, is not, and never was 31% of our income. It was very clear that Julio understood basic math and understood how the banks numbers were not correct.
According to Julio there are new HAMP modification guidelines but he “could not tell us what they were” (?). I googled the new guidelines later and there was nothing on the list that applied to us. Nothing. Even if there was we are disputing the amount they ask for, in Aug. 2012 which was not 31% of our income. We are willing to pay by HAMP regulations (31 per cent) but the underwriters have not calculated the correct amount. When we appeal they do not respond.
Julio connected us to a guy named “Alex”. The name we heard as Julio’s supervisor was Joseph Brown 755T. Alex told Julio he could hang up and he would take the call. Alex could not help us with anything and did not have any papers in front of him other than BofA’s letter of July 9, 2013. He could not give us a specific reason why we were denied modification. He had no authority to speak with us and could not address that the amount given us to pay in Aug. 2012 was over 31 per cent. All he could do was address that we did not make the trial period payments of (the ones at 39.7% that should have been due in May, June and July 2013)
July 12, 2013. We filed a complaint with the NYS Department of Financial Services. This is the explanation we wrote to the state:
“After becoming unemployed in August of 2009, I was unable to make my November 2009 mortgage payment. In December I called Bank of America to ask for help. They told me about the availability of potential mortgage modifications. They took all my financial information and after over an hour on the phone, they offered me a trial period payment and told me to fax documents confirming the information I had given them. The payment amount they gave me on the phone was approximately 31% of my income at that time. I faxed the information and documents the next day. Starting that month, December of 2009, I made and they accepted 11 payments, then they stopped accepting them in November 2010 without explanation. Eventually, they sent me a letter telling me I was denied because I was current on my payments and did not appear to be in imminent danger of default! I persisted, in trying to secure a written modification, supplying every document they requested, no matter how often they requested the same documents over and over. After almost 2 years of submitting more and more documents, and requesting over and over that the account be reviewed for a proper modification, in July of 2012 I was offered, in writing, a HAMP modification, but the monthly payment was 36% of my income. I signed and returned the documents with a check for the amount of the first payment but protested the amount, requesting that it be reviewed and adjusted to 31% as required under HAMP. I was asked for, and submitted, additional documents ( and additional copies of documents I had already submitted) verifying my income. Instead of a response to my request, I was denied the modification because I did not make the last 2 payments at the incorrect amount. I appealed that and instead of getting a ruling on the appeal, in 2013 was offered a FNMA modification, this time with an even more onerous payment at 39% of my income. I again requested that the file be reviewed and the HAMP offer from 2012 be reinstated at the correct payment amount. Again, I got no response to that request, and have now received a decline letter for the FNMA modification because I did not make those payments. None of my appeals have been responded to. Instead, I get a run-around and no straight answers. The math is the math and the numbers are plain. After 3 1/2 years of this run around from Bank of America, including the first 11 payments being made timely, I still do not have one valid and correct modification offer. I have most recently been told that I do not qualify for HAMP back in 2012 (even though they offered me a HAMP modification). I told them, in writing, in 2012 that I would accept the HAMP modification if the amount was adjusted to the proper 31%, and documented my income again at that time. They have still not addressed that, or the arbitrary denial of the modification in 2010 after I made 11 payments at the trial amount they offered me and accepted. I have copies of every document I have submitted, but am not attaching them here because they are literally thousands of pages of bank statements, tax returns, utility bills, pay stubs, etc. More details (and there are a lot) can be found on a website we have started: http://www.bankofamericamortgagevictims.”
July 13, 2013: Our lawyer, Ed, wrote Bank of America with a proposal where we asked that they reduce the amount of the debt to approximately the current market value of the house, after which we would pay a significant amount of cash to lower the balance even further, and then they would give us a new 30 year mortgage loan for the remaining amount.
July 16, 2013 – we got a letter from the NYS Department of Financial Services saying that since Bank of America is a federally chartered bank, the NYS Department of Financial Services does not regulate or oversee them. (We contacted that department because Bank of America’s July 9 letter denying our modification directed us to them if we had any complaints!) However, the letter stated that they had forwarded our complaint to Bank of America with a request that the bank respond directly to us, and asked us to complete a form that would authorize Bank of America to share information about our loan with them. We completed and returned the form on July 19.
July 17, 2013 We got a response dated July 10, 2013 from C. Darnell Thomas, Jr. (new name) on behalf of Julio Gonzalez; Customer Relationship Manager, Office of the CEO and president, 877-471-4367, ext. 466443. The response was to our letter to Brian T. Moynihan, CEO of BofA. The response was loaded with five pages of inaccuracies but no matter. It was merely a letter repeating what we said to them and the bank got part of it wrong. What I do remember is that BofA can not spell or do math. How hard is it to find 31% of our income? There were five pages of ramblings that danced around how we did not give them all the paper work they needed. Needless to say we sent them everything they asked for and we have the signed receipts from the post office saying they received them. No matter, we left a message on Julio’s number that we would like to start at the beginning and reapply for a HAMP loan modification. Also, we have an offer to make them and will continue to negotiate in good faith.
July 18, 2013: Our attorney, Ed, wrote again. He mentioned that while there were a number of factual inaccuracies with their July 10 letter, let us move on. Further, Ed mentioned that he has received no response to his letters of: Nov. 17, 2010; Nov. 23, 2010; Dec. 14, 2010; Jan. 4, 2011; Mar. 1, 2011; Apr. 12, 2011; and July 13, 2013. Each of these letters were sent to five or six different addresses that we had from past correspondences. Ed reiterated our offer. His letter was directed to C. Darnell Thomas.
July 22, 2013: The return receipt showed that our attorney’s letter of July 18th was received by the bank on July 22, 2013. This was the letter that for the second time made them an offer of a sizable cash amount and a new mortgage for 30 years on the balance.
July 25, 2013- we received a form letter from Bank of America that our loan is 1028 days in default and informing us that if we did not bring it current we would be foreclosed on.
August 6, 2013: Ed received a phone call from Judith Byrd (new name); 877-471-4367, ext. 366263 to check on our account. Ed asked her if she had a response to our proposal. She didn’t know what he was talking about and said she hadn’t seen his letters nor had she reviewed the file. She asked Ed to send the letters again and she ended the conversation. (Why did Ms. Byrd call Ed and not us if she had not gotten his letter?)
Aug. 12, 2013: We received a letter from Judith Byrd, 1800-669-6650 or1877-447-4002, (Dated Aug. 6) who introduced herself as our new Customer Relationship Manager for Bank of America. What happened to Elise Stallworth and Julio Gonzalez?
August 9, 2013 – we received a form letter from Bank of America informing us that FNMA is the “investor” on our loan. We had already been informed of that several times, including when we were offered the FNMA trial period modification.
August 15, 2013 – We heard about a case in the U.S. Court of Appeals for the 9th Circuit (California) which held that a homeowner had the right to bring a private suit against a bank for failure to provide a HAMP modification if the homeowner fulfilled all their responsibilities that the bank asked for. Previously, some courts had held that homeowners had no right to bring such a suit. This was the first Appeals court decision that said they could. In the Corvello case, and a second case decided with it, the homeowners were told by their bank (Wells Fargo) that they had to submit certain documentation, which was submitted, and make the trial period payments, which they did. In one case, the trial period amounts and requests for documents were done verbally over the phone, not in writing. In both cases, the bank failed to provide modifications, without giving notice why. The court held that once the bank got all the documents they asked for, and took the trial period payments, they had to grant the HAMP modification or give a reason for the denial. Both sets of homeowners sued to force the bank to enter into the modification. The court granted the bank’s motion to dismiss, saying that the HAMP regulations did not give homeowners the right to sue the bank. The appeals court disagreed and said they did have the right to sue under HAMP.
Aug. 15, 2013: Ed sent a letter to all seven of the BofA addresses we have accumulated demanding a modification based on the above case.. I’m attaching a copy of that letter in case you didn’t see it before).
August 16, 2013 – we received a letter dated August 12, again from C. Darnell Thomas, Jr., “on behalf of Judith Byrd, Customer Relationship Manager, Office of the CEO & President”. Mr. Thomas acknowledged “receipt of the correspondence forwarded by the New York State Department of Financial Services and from” our lawyer, and was responding to both of those. He said, in response to Ed’s proposal, that he was “unable to grant specific terms. While we appreciate the desire for specific terms, individual program guidelines determine what may be available, and which elements of the loan are affected. In addition, terms are based, ion large part, on an individual homeowner’s financial information and the eligibility criteria in effect at the time of your review”. He said that upon receiving the correspondence, a Custoimer Relationship Manager was assigned to our account, Judith Byrd. He also enclosed new forms with which to start a new modification request all over again.
Lastly, he said that the rest of our concerns were addressed in his July 10 letter, which of course addressed nothing. Although he stated that a copy of that letter was enclosed, it was not.
August 16, 2013 (the same date) – Ed received a letter dated August 12 (the same date as the letter to us from C. Darnell Thomas, Jr. ) from Judith Byrd. She said she was writing to inform Ed that “Bank of America’s Office of the CEO and President has received your inquiry” on our behalf. She claimed to enclose a copy of the response that was sent directly to us. The only thing enclosed was a new modification request package. She made no mention of the settlement offer Ed had proposed despite his having spoken to her about it and faxed it to her on August 6. That same day, Ed wrote back to her and called her letter an insult to his intelligence.
August 19. 2013 – We received, via FedEx, a notice that we were denied a modification because “after being offered a Trial Period Plan or modification, you notified us that you did not wish to accept the offer”. This referred to the Fannie Mae modification offer that was almost 40% of our income.
August 19 – 22, 2013 – Ed and Judith Byrd traded a couple of phone messages but did not speak.
August 23, 2013 – we received a letter from the New York State Department of Financial Services stating that they received a copy of Bank of America’s response to our complaint, which Bank of America had also sent to us (I assume this refers to the August 12 letter from C. Darnell Thomas, Jr.). They told us to find a housing counselor.
August 23, 2013 – Ed received a call from a Mr. Manikkam (a new name and pawn!), also calling from the Office of the President & CEO, who said he would review Ed’s letters and get back to us by the following week. He did not give Ed an extension #. Ed told him that if the offer matter was not resolved by August 29, that we would file a lawsuit against Bank of America following the logic in the Corvello case.
August 26, 2013: Letter date Aug. 20th. It was from Osvaldo Cornejo (another new name and pawn!). He was introducing himself as our new Customer Relationship Manager. 1-800-669-6650 and 1-877-447-4002. What happened to Judith Byrd from Aug. 6th, just 20 days ago? What happened to Elise Stallworth and Julio Gonzalez?
August 28, 2013: Our lawyer, Ed, received a return phone call from Mr. Manikkam (office of the president and CEO).
Ed asked him, “What is your response to our proposal?” (which is we asked that they reduce the amount of the debt to approximately the current market value of the house, after which we would pay a significant amount of cash to lower the balance even further, and then they would give us a new 30 year mortgage loan for the remaining amount.)
Mr. Monaco, “Our response is that this is a duplicate escalation because you raised all the same issues that you raised previously and they were responded to in our July 10 letter. I am closing this file because this is a duplicate request and we already responded to all your concerns.
BofA’s July 10th letter was five pages of misspelled ramblings that danced around how we did not give them all the paper work they needed. Needless to say we sent them everything they asked for and we have the signed receipts from the post office saying they received them.
Nothing in the BofA July 10 letter addresses the proposal we made to them on July 13. How could it? Mr. Manikkam and Ed got into a shouting match and the conversation ended.
August 30, 2013. We received two letters in the mail at the same time. The first, dated August 22 says “We recently received your inquiry regarding your home loan. We have completed our research related to your inquiry.” It doesn’t say which inquiry. It goes on to say that “this has been forwarded to a specialist in the Modifications Department which will be your Customer Relationship Advisor Osvaldo Cornejo”.
The second letter we got, the same day, is dated one day after that first letter, August 23, and says “My name is Peter Manikkam and I an your new Customer Relationship Manager”. It doesn’t say what happened to Osvaldo Cornejo, or Judith Byrd or any of our other former Customer Relationship Managers.
September 3, 2013. Ed received a letter from Peter Manikkam dated August 28 (the day of the phone call where they hung up on each other) and says he is responding to Ed’s inquiry which was forwarded on our behalf. It says that enclosed is a copy of their response, which was mailed directly to us.
The same day we received a letter from C. Darnell Thomas Jr., On behalf of Peter Manikkam, Customer Relationship Manager, Office of the CEO and President. The letter acknowledged receipt of Ed’s letter (although he doesn’t identify which letter, it is apparently the one from August 15 where Ed said we would file suit under the federal Appeals Court’s holding in that Corvello case, the one against Wells Fargo). He recites the points made in Ed’s letter.
Darnell Thomas Jr. recites Ed’s points, then said “upon receiving your correspondence, Bank of America assigned a Customer Relationship Manager to your loan account. Mr. Peter G. Manikkam was assigned” etc. He also enclosed copies of the letters from Bank of America dated July 10 and August 12 which, he claims, addressed our concerns raised regarding the past history and modification requirements, and stated that “Bank of America’s position expressed in that [sic] letter remains unchanged.” We can only assume what he means by their postion. We don’t know their position.
Sept. 6, 2013: My phone rings.
“This is Nancy. I’m calling from Bank of America. For monitoring purposes I am recording the call.
Nancy: (she stops, coughs , clears her throat) In order to continue the call I need you to not record the call. Are you going to continue recording the call?
Nancy: Well, have a good day then.
I’m assuming our file has been thrown back into collections and we are returning to daily nagging phone calls.
Sept.14, 2013: BofA sent us letter saying that “due to a recent change in the status of our home loan assistance request we are no longer assigned to a dedicated single point of contact.” Signed by Perter Manikkam, Customer Relationship Manager.
Sept. 15 2013: We get a call similar to Sept. 6 from BofA’s regular collection process. My husband spoke to “Tiem”. He started by telling us how many months in default we were and what our intention was. My husband told him that our intention was to keep the house. He asked how we planned on doing that and we told him we have tried to get loan modifications and you guys keep screwing up. So at this point we are willing to let you foreclose and so we can explain everything to a judge and let him tell you to get your act together. Without going into deep detail we explained that we’ve been trying to do this for four years and he said that last time your information was updated was in April so let’s take new financial information and see where we are. So we went through income and expenses with Tiem and when we were finished he said let me put you hold and get some assistance. We said fine. He came back on the phone and he said we were offered a modification in July. My husband said the one from July 2013? Then my husband explained that was not a fair modifications since it was well over 31% of our gross income (and not a HAMP modifation which is what we applied for in 2009). He was going to transfer our file to the modification department and that someone would get in touch with us before the end of the week and we would get a package in the mail.
Sept. 19, 2013: We got a call from Corey Koteles (New Person), who said she is our new customer relationship manager, 1-880-669-6650 (M-R, from 12-9PM PST and Fri 10 Am -7 PM PST)
She said she reviewed the history and understood how frustrating it is for us and that she would start fresh and work with us towards a modification.
She confirmed our email list and said she was required to read us certain information: She would provide us with updates every three days, return phone calls withing 24 hours, help us escalate to the next level if she couldn’t help us, if we called her and got a voice mail if we hit the star key we would get the concierge service who could make an appointment for specific date and time for her to call and that appointments made with the concierge service take priority over voice mails. That their goal is to get a decision within 30 days of receiving full documentation for mortgage modification. She said they work with a vendor called Urban Lending Solutions who are the people who gather all the documents and forward them to the bank. They might be calling us to follow up. That qualification for a modification is a process and that there are qualification requirements … that a modification was not guaranteed..that if we didn’t qualify for a modification we might quality for other options.. that she will stay our representative even if we are denied a modification… and even if it goes through foreclosure that modification may have tax and credit report implications… that some states have special assistance programs… forbearance programs, etc…. that other options included a short sale or deed in lieu …. that we could get more information at www.bankofamerica.com/homeloanhelp or www.knowyouroptions.com
(Our argument is that we DO qualify for a HAMP modified mortgage. According to the HAMP guidelines there is no reason to turn us down. We will not be bullied into something more expensive. We have all we need to prove this in court so we do not fear B of A. )
Corey Koteles continued, as far as the documents we were sending we could upload them through the web site and she would send us links. Our loan is in normal status there is no foreclosure yet and could we make a payment? We said no.
She asked what we want to do and we said we want a HAMP modification. She asked if the house was owner occupied we said yes. She told us the amount of past due payments which dated back to Oct. 2010 . She had our financial information updated as of Sept. 15, 2013. She said although there was a package on the way with a list of documents that it might not state all the documents required so she was going to go over a list right then:
We needed to give her 30 days of pay stubs which might be more than two stubs.
Our two most recent bank statements
Tax returns from 2011 and 2012 signed and dated.
Utility bill showing both the service address and mailing address.
The borrower’s assistance request form which is called a 710 form that we could download online that we should make sure it was the 2013 version.
She guided us how to fill out page two the section for the lien holder a 4506T form for years 12/31/2011 and 12/31/2012; most recent quarterly profit and loss statement from my husband’s business, signed and dated (it could not have any abbreviations for the period covered. The date had to be fully written out April 1, 2013 through June 30, 2013).
She said she would call every three days.
Sept. 25, 2013: Corey Kotelles called and asked how we were doing getting the documents together. We told her we had gotten the application package yet and we didn’t know what address to send the stuff to. She gave us an address to mail things. And a fax number. She also said that we could bring the documents to any Bank of America branch and they would fax them for us. We decided it would be better if we submitted them ourselves. We told her that we were waiting until the end of September so that we would have a more recent quarterly profit and loss statement instead of giving them one that was three months old.
Oct. 2, 2013: We sent this package to UPS overnight and by email
Oct. 6, 2013: She called back and said we hadn’t filled out the 4506T properly.
Oct. 7, 2013: We sent it back to her
Oct. 7, 2013: We received their application package
Oct 16, 2013: Corey called and said they needed an explanation of some of the items on the profit and loss statement.
Oct. 17, 2013 we faxed the explanation.
Oct. 24, 2013: We received a Fed Ex letter saying we were rejected for a HAMP mortgage modification because we don’t quality because the amount of principle that would have to be deferred in order to get us to a 31percent payment exceeds what our investor is willing and required to do.
What we don’t know is: What interest rate would they be basing their calculation on..How much principle would have to be deferred….how long it would have to be deferred…what the investor guideline and requirements are…. etc,
Without more details we’re not sure what they are saying so we are going to inquire.
Nov. 4, 2013: I posted articles about Bank of America on my Facebook. I also commented: Charlotte’s shame is Bank of America looming over the city and homeowners around the country”
Within 10 minutes of my post I received a phone call from Bank of America. These people talk to my husband several times a month but they called me to “verify details my account”. They wanted my social security number, my address, phone number, etc. The bank had the same tactic on July 9, 2012. If one posts something the bank doesn’t like they call and ‘check on the details of your account” and argue about when are you going to make a payment.
Dec. 5, 2014: A real estate person from Bank of America called my number. My husband gets real phone calls I get the freaky harassment nonsense. I told the guy we are still in the house, we are not going anywhere and we will se BofA in court.
Dec. 19, 2013: We received our regular monthly statement from BofA which said, ” You are currently participating in a Trial Payment Plan.”
Jan. 6, 2014: We were sent a letter asking us to apply for assistance to Bank of America. We applied again for a mortgage modification. It’s the standard package that we have filled out several times in the past.
Bombshell: Bank of America whistle-blowers detail horrid schemes to fleece borrowers, reward foreclosures (UPDATED)
“And they would have very specific targets: the ex-employees listed specific executives by name who authorized and directed the fraudulent process. “The delay and rejection programs were methodically carried out under the overall direction of Patrick Kerry, a Vice President who oversaw the entire eastern region’s loan modification process,” wrote William Wilson. Other executives mentioned by name include John Berens, Patricia Feltch and Rebecca Mairone (now at JPMorgan Chase, and already named in a separate financial fraud case). These are senior executives who, if this alleged conduct is true, should face criminal liability.”