Bank Of America Complaint BofA Screwed Me Over Committing Fraud

 

Bank of America Screwed We the People Over
Have you been harmed by Bank Of America?  Tell us your story and we will post it for all to see including Bank of America.  Do you have a complaint against Bank Of America?  Tell us your story and we will post it for all to see including Bank of America.

Bank of America Committed Fraud by Stealing My Credit Scores

I asked Bank of America for a temporary forbearance when my primary client contract ended and not only did they refuse to help, they falsely reported to the credit bureaus that I was under a Home Loan Modification.  This false information drove my credit score down 150 points.  In February 2010 my credit score went from over 700 to under 550 because of BofA's fraud.  Six months ago and still not corrected!  BofA ruined my credit costing me my self employment business credit and now I have been denied current employment due to my low credit scores. After months of being lied to, hung up on I still proved them wrong and have letters admitting same and still they refuse to fix it.  BofA categorically refused me a forbearance saying I signed away my right in my mortgage deed.  BofA is now trying to force me into foreclosure and take my home. This complaint is based upon Fraud done by Bank of America by falsely without due process or due course of law depriving me of my good credit and ability to earn a living.  Can I prove they did it intentionally... yes ... and I can prove that for the last 6 months while my credit score continued to fall because of allegedly being on a home loan mod that they intentionally did nothing to cure their error after repeated attempts of saying they will fix it. They believed they were right and I was wrong just because I was the customer and customers are always lying... and did nothing.
 

Bank of America is Bankrupting America One Person at a Time!

Bank of America- I am mad and not taking it anymore!

ARE YOU LOOKING FOR A VOICE?

Bank of America has Abused..."We the People" ...We are the people who will make them change.

We are the people that keep the doors open at Bank of America.  Between the excessive fees, fraud, mishandling their loan servicing and the lying customer service there seems no way to battle this giant into doing the right thing.  Everything starts with baby steps.  The first step is to send the powers that be an email telling then that you are mad and are not taking it anymore.  I will get a copy of the email and post your responses on this site and this begins a grass roots organization that through the power of numbers can find a voice. 

Find your voice and send BofA an email and state your complaint!  Bank of America has gone on record as stating they will fix their ills "one customer at a time."

Are you mad as hell and want to send Bank of Defrauding America an email? Give them your opinion. Click here

 

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03-2013: 

Traverse City, MI  49686

My original mortgage was obtained by my mother at a local bank.   She passed away in 2003, and the condo was placed in her trust, with me as trustee.  It was then bought by Countrywide, then Bank of America.  The loan was modified, but to be truthful, I am not sure how or when.

In 2010-11, I fell behind on my mortgage payment due to medical reasons.  Finally, in 2012, I was able to catch up.  At this point, however, Bank of America had accelerated my loan.  I made arrangements to make larger payments to catch up.  The first payment was authorized, however, the next two were not, and the money that I did not authorize was returned.  In April, 2012, I contacted BofA to find out what I had to do to get the loan back on track.  I received no response

In June, 2012, I began sending payments 40% over the loan payment amount.  The payments were continually being returned.  I contacted BofA twice in July, 2012, BEFORE the “auction” date to find out what to do to get this on track.  I was told that they would send me a reinstatement letter, and that it would not go to auction.  I called again in July, was told it did not sell at auction, and that they would again send me a reinstatement letter.  In the meantime, I was still sending $1,000 per month as an act of good faith; they were returned (a total of $5,600). 

On March 8th I received a letter from my tenants (this property is not my primary residence) that they moved out because BofA had evicted them.  When I went to see the condition of the condominium, the locks were changed, and there was a lock box on the door

I have spoken to BofA 4 times in the past month to get this rectified.  I have also spoken with your representative Trott & Trott. 

Although we filed for bankruptcy in 2009, this home was protected under the Jacqueline Dumont Trust.  There is no doubt that we did fall behind, and that we did have financial trouble.  However, those days are now behind us.  I have acted in good faith, now I expect Bank of America to do the same.  I look forward to hearing from you

Sincerely,
Tara Baesch

 

 

May 9, 2012

 

To Whom It May Concern:

 

In spring of 2010 I refinanced my home loan with Bank of America Home Loans. In 2 years that I have had a Bank of America Home Loan, I have never been late or missed a payment.

In December of 2011 I became unemployed. I contacted Bank of America to see if there were any options available to me to alleviate the financial burden of a mortgage while I was unemployed. I was assigned a case worker by the name of Angel Polino in mid-December of 2011. He informed me that my best option would be to request a temporary forbearance. If granted, the forbearance would allow me to miss 3 months of payments. I submitted the necessary documents and waited for a reply. The process took approximately 2 months. During this time (January and February, 2012) I made all my payments in full and on time, despite being unemployed. In February of 2012 I was granted forbearance for the months of March, April, and May of 2012.

Before skipping the first payment allowed by my forbearance, due March 1, 2012, I called Bank of America to ask a few questions, and make sure that it was in my best interest to proceed. I recorded the conversation for future reference. This time I was assigned a new case worker, Sarah Enriquez. I asked her two questions specifically:


1. Would taking advantage of forbearance affect my credit or cause me to have to pay any late fees or any additional fees in general?
She replied to it would not.


2. When would I have to repay the mortgage payments missed in March, April, and May?
She replied that they would be broken up over 12 months to make it more affordable.


BECAUSE THESE TERMS OF THE FORBEARANCE WERE EXPLAINED TO ME BY MY ASSIGNED BANK OF AMERICA CASE WORKER, I PROCEDED TO SKIP MY MARCH AND APRIL MORTGAGE PAYMENTS. As it turned out, ALL OF these answers were false. HAD THESE 2 SIMPLE QUESTIONS BEEN ANSWERED TRUTHFULLY, I WOULD NEVER HAVE PROCEDED TO MISS THESE PAYMENTS.

            In May of this year I found that Bank of America had reported my missed payments to two credit bureaus, resulting in my perfect credit score being lowered approximately 150 points. I was also informed that any missed payments during the granted forbearance would be DUE IN FULL at the end of the forbearance, not the 12 month period that I was initially promised. To top it off, late charges were also added to my debt, ALL TO THE CONTRARY OF WHAT I WAS TOLD.

I have since gone back to work, and begun the process of applying for either a modification or a loan refinance. I had been assigned a new case worker during this time, Sandra Benefield, whom I had been in touch with. When I learned that my credit score had dropped due to accepting the forbearance, I immediately called her and explained to her that I was misinformed by my previous case worker, both about my credit score being lowered and the time period for which I could pay back the 3 months of missed payments. I told her that I felt my trust had been betrayed and needed my credit score to be repaired. I also disclosed that I had recorded many of the conversations. She told me she would have to speak with her manager. I requested that she relay to the manager that I was willing to pay my balance for any missed payments in full to bring my loan current if I was given assurance that the negative mark to my credit score would be withdrawn. She called me the next day to inform me that my request was denied.

 

I have been a loyal Bank of America customer since the early 1980s when it was still Fleet Bank. I don't know what Bank of America has to gain by ruining my credit. Every professional I have spoken to has advised me to litigate. If the mark on my credit score is not removed by June 1, 2012 I will have no choice but to seek legal action.

I am giving a Bank of America one last chance to correct this mistake and repair our damaged customer relationship by sending this letter to anyone in the organization who is willing to read it and hopefully resolve the situation.

 

Thank you for your time,

Ingmar Gozman

RE: iggycashoes@yahoo.com

 

 

 

d: www.bankofamericascrewedmeover.com BofA, We are mad as hell and not taking it anymore!
firstname: alexander
lastname: mickles
email: alexander_mickles@yahoo.com
city: elk grove
state: california
zip: 95624
phone: 916-271-1905
submit: Submit Form
Date: Friday, September 23, 2011
Time: 09:58:26 PM

address:

9494 mainline drive

comments:

Bank of America should not be able to foreclose on a dog house! this bank has been comminting major violations under the federal and state laws all across the country and i do not understand why the federal government who is suing them at this time for fradulent foreclose practices are letting them continue to foreclose on homes illegaly. Just becuase this is a finacial institution does not place them above the law.In my case i had been making payments under the HAMP program faithfuly never missing a payment when all of a sudden we get a letter in the mail stating the loan had been transfered from one department to another and the payments accelerated for which the bank gave no reasons for and to top it all off they said we were 3 months behind on payments. I immediatly called the attorney general and the controller of currency who are still investing this but, at this time Bank of America is monting up the so called missed payments on our statements. This is an unacceptable situation and Bank of america has recieved far too much finacial aid from the government at the tax payers expense to continue with their misconduct and flagrant violations of state and federal laws. Bank of America needs to be shut down
PERMANANTLY!

d: www.bankofamericascrewedmeover.com BofA, We are mad as hell and not taking it anymore!
firstname: Denise
lastname: Nelson
email: nelson.denise@att.net
city: Sharpsburg
state: GA
zip: 30276
phone: 678-329-4149
submit: Submit Form
Date: Monday, August 15, 2011
Time: 06:00:09 PM

address:

P.O. Box 693

comments:

Started the process with BOA to do a home loan modification because my husband side buisness he started went under. Did EVERYTHING they told us to do, then got a new mortgage payment HIGHER than the orignal. They reprocessed it and the same thing happend. So we started the process or to do a Short Sale on our house, again doing everything the told us to do. We then started to get from them Home Loan Modification papers, Short Sale Papers, and foreclosure papers all at the same time. So we sale the house and BOA totally screws up our credit by reporting things they told us to do. We could have still made payments because we weren't late and had awesome credit. I don't get it, does BOA get more money by screwing people up?

d: www.bankofamericascrewedmeover.com BofA, We are mad as hell and not taking it anymore!
firstname: Rey
lastname: Rodriguez
email: rodriguez.arey@gmail.com
city: Hollister
state: Ca.
zip: 95023
phone: (831)840-2666
submit: Submit Form
Date: Monday, August 15, 2011
Time: 02:48:36 PM

address:


comments:

On July 29th of 2011 I ended up in the E.R. because of a sudden illness. I was admitted because I had to have my gull bladder removed. I was in the hospital for 6 days because my operation was delayed 2 days due to a swelled up pancreas. My job is salary/commission based. If i don't work, I don't get either one. I have yet to get any income from my job or disability as of yet. On Friday Aug.12th of 20011 I looked up on the "Customer Support" page on a B of A link. It stated as long as I have not missed any payments, and there was "An end in sight" to my situation that I could apply for "Mortgage Loan Forbearance". After being passed on 5 times to the "right" department I was finally directed to the right one. Following a series of questions I was told that I did not qualify for any programs they were offering. What?!!!! I informed them that I would be unable to make a payment this month, only to told that their collections dept. would start calling me. I feel that the B of A website is misleading and is a facade to look like they are a trustworthy institution. Eventually I'll be okay and catch up, but at the cost of my credit score. But after reading the horror stories of B of A, who's to say that they'll even let me catch up. If they can do this to a single parent who is responsible and is only asking for a small window of opportunity to get over a minor setback of a month or two, I can't imagine what they put other people through who have it even slightly rougher. Please help me if you can.

Rey Rodriguez

Dear BofA:  Bank of America is treating me as if I am a distrustful and negligent consumer.  They claim that I am late on my payment and I am not.  I have struggled to  make my payment since we had a huge reduction in household income in October 2009.  But I have kept up with it.  In March 2011, BofA established an impound account without my knowledge or approval, raised my payment to an amount that sent my well being into a tail spin, and now has issued a notice of intent to accelerate. 
 
BofA is wrong.  I'd love to talk to someone that will listen, look at the facts (that clearly show BofA is wrong), examine the copies I have to prove BofA errors, give me in writing that the impound account will be cancelled, the refund check I have for BofA will be applied appropriately, and my loan will return to good standing and I will never receive calls from the "NON-English speaking rude collection people.
 
If BofA doesn't straighten this out, I don't know what will happen.  But I can promise you that I will not be beaten or pushed into submitting to BofA's mis-handling of this issue.  If BofA did the right thing, they would do a principle reduction, and a interest rate reduction so that I, an American citizen sorely affected by the real estate fiasco, would be able to stay in my home.
 
I have a two inch file to support all the facts of this issue.  Please have someone that can look, listen and FIX this mess.  I'm at my wits end.

Mr. Avanossian:  While you have submitted the request to escrow to cancel the impound account on my mortgage, the following things are happening:
 
1.    The payments I've made to BofA each month to stay current on my P&I payment are being returned to me as unaccepted partial payments.
2.    My payment has now reached the past 30 days late because it was returned and soon another department of BofA (a department you say you have no contact with.  Do you all work for BofA?) will report this to the credit bureaus.  And my good credit rating will go to bad.
3.    If my (and my husband's) credit rating go to bad, it will be more difficult for us to run our business efficiently and operating cost will go up because of bad credit.
4.    I have in my possession a check from BofA in the amount of $3,256.60 and a check from SB County Tax in the amount of $3,417.40 for refund and they both expire in 6 months.  I'd sure like to give them to BofA and end this fiasco of BofA errors.  The errors are piling up and exponentially increasing the threatening letters, collection calls and unnecessary efforts on your part.
5.    The Notice of Intent to Accelerate alledgedly states that I'm in serious default.  If I don't pay $5190.50 BY AUGUST 11, 2011 (I think that's this Thursday), BofA is going to turn my life upside down.  The threats are overwhelming.  I am no longer able to withstand what BofA is doing against me.
 
When I expressed my concern over the domino effects of the errors by BofA, the answer I received from you was that all these departments that are part of BofA don't have contact with each other.  I've called so many numbers yesterday, I simply stated that the actions taken on BofA's part are based on errors by BofA.  I got transferred numerous times and each time I was on hold long enough to write a dissertation and finally got hung up on.  The calls went no where.  You are a customer advocate.  You haven't done enough, time is running out and the further along this goes on the erroneous "road to destruction" the madder I get.
 
I'm tired, I'm old and I deserve better than this type of treatment.  We owe double what the market value is of this house, I don't know why I'm still hanging on.  Maybe someone at BofA will give me a reason to hang on.
 
Joyce Vlasak
#151967437
909-748-0106

d: www.bankofamericascrewedmeover.com BofA, We are mad as hell and not taking it anymore!
firstname: Jon
lastname: Clawson
email: jclawsonc@aol.com
city: Tucson
state: Az
zip: 85716
phone: 520 909 0642
submit: Submit Form
Date: Thursday, June 16, 2011
Time: 07:43:25 PM

address:

4098 N Star Park Place

comments:

I had a heart attack in 08 had serious money issues due to accident previously caused my wife to lose her job and have titanium bars placed into her back(happened in 04). I worked two full time jobs and one part time until 08 heart attack. After countrywide/bofa modified loan which was to be 31% of income it wasnt ended being 52%. I am retired and work full time with one part time job and still pay just $60.00 less than premod loan I need help. House mort $307000 current worth $215000. I worked all my life for this and im very close to losing it all due to their greed and non-consideration. I have continued to keep up. Dont know where else to turn. Credit is at 549 was near 800. Please point me where and what I need to do. Jon Clawson 520 909 0642.

d: www.bankofamericascrewedmeover.com BofA, We are mad as hell and not taking it anymore!
firstname: John
lastname: Beickert
email: KatrinaWB@aol.com
city: Cary
state: North Carolina
zip: 27518
phone: 919-803-7348
submit: Submit Form
Date: Friday, May 27, 2011
Time: 10:38:26 AM

address:

115 E. Laurenbrook Court

comments:

In December 2009, my wife was trying to make a mortgage payment (Dec. 16, 2009 exactly) Couldn't make the payment online as usual, since they said that the payment was late. Our mortgage was taken over from Countrywide shortly after we purchased our home in Aug. 2008. The Countrywide policy had been that a payment was late after the 16th of the month. BofA's past due date is the 16th. We didn't realize that, which is neither here nor there, but the payment had to be made, which now had to be made via phone, for which they wanted a fee of $15 I believe. Well, my income dropped by half for the month of Nov. and Dec., so we, who were never late payers, were struggling, to keep everything up to date, and didn't have enough to cover the mortgage payment and the late payment and phone payment fee. My wife was so upset, and the man accepting the payment, waived on of the fees, and suggested that if we were having difficulty we should apply for loan modifaction, which we did the following month. Please keep in mind, this was BofA's suggestion to us for making one payment one day late. Well, we went through the same garbage that seemingly thousands of people have gone through trying to get a modification. They were so upbeat and positive, telling us they had all this money from the government which was specifically to help people get their mortgages more affordable that they had to process a lot of mods as directed by the gov't.
Okay, months of no communication from BofA, except when we called them to check on the status. Always some story....paperwork missing....paperwork lost.....resend, refax, then at the end of the first year, the tell us "all your paperwork is not outdated". Begin the process again....same crap....telling us they didn't get the requested docs....so we kept resending, and faxing, makeing repeated calls to check to make sure they had them, more foot dragging, until my wife (who is not allowed to speak to them since she is not a co-borrower) screamed into the phone, that if they didn't stop this she's was going to have a stroke or a heart attack. In Feb. 2011, we received temporary modification package from them, with three trial payments to be made for March, April and May. Done. Still nothing. We called to find out what to do about June's payment, and they said just make the same payment, and you'll be hearing from us soon. Two days later we received a finally modification, which adds over $10,000 to our principal, extends our loan by fourteen years, and has a balloon payment of $40,000. Within days we received a notice of intent to accelerate. Our choice...sign the modification by June 11, or they will foreclose June 17. After more than a year and a half of trying to get this modification, we now have three weeks to sign or foreclose. Something feels very creepy about this modification. We owe about $16,000 to bring our loan up to date now, and it might as well be $16,000,0000. We are between a rock and a hard place, and we would not be this far in arrears if we hadn't been in this process for this long. I don't know what to do, but I have very little choice now....sign the papers and owe more than I'll get for the house in the end, and be stuck with this $40,000, which I must pay, one way or another. I don't know where to turn.

d: www.bankofamericascrewedmeover.com BofA, We are mad as hell and not taking it anymore!
firstname: miguel
lastname: pena
email: mpena0995@gmail.com
city: coachella
state: ca
zip: 92236
phone: 760-912-0077
submit: Submit Form
Date: Friday, May 06, 2011
Time: 07:41:40 AM

address:

48774 calle cantara

comments:

On Tuesday boa collection depth contacted me about my past due amount even though I was supposed to be in a modification when I told him that he looked a little more into my info and he told me it had been canceled. Now not that I didn't qualify but that the negotiator put down that I took too long to return some paperwork. Lie.! The date they have as the canceled date does not corresponde because after that date they had called and asked me to re FAX one of the papers, which was done the very next day. Now this same scenario has been going on for two years. HELP!
 

 
 

Jasmina Subasic                              

15136 N.100 Pl.

Scottsdale, AZ 85260

480-383-3966

480-664-4943

 

December 27, 2010

 

Bank of America

475 Cross Point Pkwy.

P.O. Box 9000

Getzville, NY 14068

 

Re: Loan # 872069033

      TS # 03-NB-86016

 

To Whom It May Concern:

 

As you are aware, the State of Arizona sued Bank of America on Friday 12/17/2010, alleging that the company, as the servicer/lender, consistently misled consumers about home loan modification processes. The lawsuit, filed by Arizona Attorney General Terry Goddard's Office, accuses you, Bank of America, of violating a 2009 consent judgment in which it committed to widespread loan modifications. And that is exactly what I experienced myself, with you as a servicer of my loan.

 

I applied for a loan modification in June of 2009. I have made numerous phone calls since in order to remain up to date about the status of my request. With each phone call, I was told that I am qualified for modification, but that you needed time etc. In November, you even had a recording state that I should not call until December 21, 2009. Subsequently, when I called December 21, 2009 for an update, your representative told me that I should wait for your response within 120 days from that date.

 

I called back on January 6, 2010 for another update, and was told at that time that I was approved and that if I do not receive paperwork from Bank of America by February 27, 2010, I should call back again. On March 8, 2010 I was surprised to get a letter from your company (dated 3/2/2010), which advised me about HAMP and my potential eligibility for the program. This was especially troubling and confusing since I never got any letters or indications from Bank of America informing me that my application for the loan modification has been denied. The only information I ever got was over the telephone, and there was never any mention of a denial of my application. I immediately contacted your company and was informed that somebody would return my phone call with more information at hand. On April 2, 2010 I received a phone call from your representative Steve, who told me that I was not approved for a loan modification, but that I could apply under the HAMP now. In the mean time, you recorded on June 16, 2010 and scheduled a Trustee Sale for September 15, 2010.

 

When I received the HAMP application via FedEx, I promptly filled it out and mailed it to Bank of America on July 14, 2010, with all the required documents as stated on the HAMP application. Furthermore, more documents were requested from me by your representative Carmelo and I faxed those to your San Francisco office with fax # 415-844-2026. Since then, Bank of America did postpone the trustee sale for 30 days each month. I also called occasionally asking for the same, until the HAMP documents went through. Furthermore, on October 1, 2010 you sent me a ‘Thank You’ letter for sending all the required financial documents.

 

However, with a letter dated December 2, 2010, you denied my loan modification under HAMP for negative NPV reasons. Moreover, the letter appeared like a generic mass mailer, with no information pertinent to my case included. I have no choice but to conclude it was sent out to thousand other addressees and it appears as though Arizona Attorney General Terry Goddard has the same opinion.

 

When I called (888-325-5399) on December 7, 2010 to request NPV calculations, I eventually got a promise from your representative Howard that it will be sent to me, but only after I was transferred 4 times without an explanation in sight. The following week after not receiving any follow-up information, I called again on December 15, 2010, reaching representative Kelly. After I insisted on the NPV calculation, she told me that they have 14 business days to provide them to me. Actually, per current statutes and laws, the period she referred to is 10 days. Point being is she did not know this when she should have, but Bank of America hired her, not I.

 

Long story short, I am still waiting for this information. Yes, I already made a written request to put my trustee sale, scheduled for January 4, 2011, on hold. By law, I have the right to see these calculations and correct them as necessary. And after I do receive them, by law you cannot foreclose on the property for another 30 days. But as of today’s date, you still did not send the paperwork as I requested.

  

What was the purpose for all the loan modification lies? What is the reason for financial statements, paystubs, 31%/43% ratios etc. you are asking for? If you were looking to modify somebody’s loan, and lower their interest rate and monthly payments, you should not need all those documents. Why do you need to re-qualify somebody if you claim that you will make the borrowers payments and rates less? All you are supposed to be doing is fixing the faulty option ARM loans and that is it. But I believe, and as does the Attorney General’s Office, this was never the intention of Bank of America, even though it did do so in the past.

Let me write out the exact wording from a letter you sent to another home owner, and keep in mind, this is verbatim:

 

“As an alternative to the HAMP, we are now pleased to offer you a modification under a separate program. We have already approved you for this new loan modification program that will immediately change your outstanding principal balance and reduce the total amount due. Your participation in this loan modification program will not require that you provide us with any financial documentation or that we establish an escrow account for payment of your taxes and insurance.”

Signed by Senior Vice President of Home Retention Division, Ken Scheller.

And Bank of America executed this offer appropriately. It ironically serves as an example of how simple this process can be if the intention to do so is there. So, no financial drama and bureaucratic red tape - just lower everything, outstanding principal balance inclusive.

 

I understand that you have to deal with Aurora Loan Services, LLC/Lehman XS Trust/U.S. Bank/Fannie Mae and who knows with whom else, but I did not agree to act as collateral damage in your battle. It is no secret now that for Bank of America it is preferable that it does not work out the requests to buy loans (pools) back. It is much convenient and lucrative for you to Foreclose or Short Sale our homes. And I agree this option is preferred, but only from your point of view, and hence, Bank of America chooses not to modify. Right?

 

However, Bank of America does not have power to do that, instead only projecting and pretending to have it. The borrowers think you are modifying their current loans when in fact you are starting all over again. Bank of America, as the foreclosing entity, lacks standing to bring on a lawsuit. You are not authorized to modify or foreclose anything since you are not the owner of the loan in question. Since the real parties of interest are nowhere to be found, you are taking the issue up yourselves with the help of your lawyers to steal our hard earned properties. I put a substantial amount of my own money (cash, savings) as a down payment and surely I will defend that fact and myself in court via any and all avenues if necessary. I implore you to try and then observe what happens if I do stand in front of a judge one day.

 

It is no secret by now that through these “so-called modification options,” the borrower is actually getting a new loan which may enjoin the borrower from rescinding any new transaction. In short, the borrower takes out the loan with lender “A,” but an unknown lender “B” is later trying to modify it. When the “modification” is said and done, the borrower ends up having lender “B” as the lender, with lender “A” nowhere listed. To make matters worse, Bank of America STILL does not use its own funds to modify loans (or new loans, for that matter). Bank of America is funding the process of lending to borrowers through Federal bail outs, insurance proceeds and God bless them, investors.

And if you disclose that, it is okay and I can agree with that, but in order to agree I should get something for as return or collateral.

 

My proposal is to use the Principal Reduction Program and reduce the current loan balance to 95% of today’s current market value.

 

Here is how this will work:

1.  The mortgage note will be negotiated along with other homeowners’ notes issued by you or the respective lender.

2.  A price is negotiated for an investor to pay them off for all cash, at a deep discount to the current market value.

3.  Once the note is paid off, the terms of the note are rewritten based on 95% of one’s home’s current market value eliminating any “negative equity,” actually giving one 5% instant equity.

4.  The new interest rate will be fixed and will reflect today’s low interest rate.

To qualify, previous bad credit does not matter. No financial statements, just a regular income and/or job. A debt to income ratio 50% or less. Usually investors and hedge funds that buy the note and do the principal reduction may also have some other qualifiers to lessen their own risk. It’s simple and realistic. No need for forensic loan modifications, courts, all that pain, etc.

I am sure you have enough qualified employees on roster to negotiate this. In the past they showed us that they are quite capable, using a variety of techniques to approve and lend out predatory loans, only to pool and sell them as securitized mortgage backed securities even though they never qualified as that. But it did work, in the short term at least. Bank of America then “lost” the note.

The reason you “lost” the note is that it was a strategic decision to claim you lost it. There is a procedure for re-establishing a lost note and until recently, the rules were extremely loose because back in the days when those rules were established we had two parties (the borrower and the bank) instead of hundreds of parties in securitized mortgage backed securities. There is no good procedure for those who wish to make a claim on the note, the mortgage or the underlying obligation and most likely there never will be such a procedure. First and foremost this is because (a) none of the parties initiating foreclosure have lost any money nor are they at risk (thus they have no place “at the table”) and (b) the parties who did lose money are not stepping forward, because to do so would be to accept the role of a holder in due course, which means that all claims for predatory loans, fraud, usury, TILA violations would fall on the investor. Isn’t it better to write off completely than expose themselves to treble damages and a dubious paper trail lacking proper recordation of instruments. So they are the empty chair “at the table.”

Which brings us to modification: there is no modification unless ALL the parties to the contract are present and agree with the same formalities as the original instrument. That means the investors, who are the ONLY class of people with a potential claim (unless they were paid by insurance, counterparty, or federal bailout), MUST be present since they are the only decision makers with an arguable position to modify anything. Not you.

 

Currently modifiers are servicers (you) or other administrative intermediaries (again you). Lawsuits have already been filed against the servicers by investors for modifying contracts upon which the investor relied in putting up the money. Even the investors agree these intermediaries have no right to do so. Of course for every servicer, you have a loan originator, even if they did not originate the particular loan you are dealing with. The game was to originate loans and swap servicing rights. The goal was to confuse the borrowers into thinking they knew who their “new lender” was when the “new lender” was the original source of funding (the investor) and never was either the originating lender (payee on the note) nor the servicer or successor servicer.

This goal was achieved and then some, government, courts, lawyers and even borrowers were so confused by this myriad of transactions and parties, that they naturally sought the simplest form of relief, directed their correspondence to the wrong “lender” (pretender lender) and now these boneless intermediaries (you) are receiving aid from the Federal government to modify mortgage — contracts to which they are not parties relating to notes they don’t own (and which were paid in full, sometimes several times over), supposedly secured by mortgages or beneficial interests in real property in which, except for the last minute in the process of foreclosure, they do not appear on record (thus depriving the borrower of knowledge as to who claims to the “lender”).

 

I am going to challenge you. If I am offering to pay off the mortgage and ask you who will accept the money, what are you going to do with it and what evidence will you produce to show that you have the authority to execute a satisfaction of mortgage or release deed of reconveyance. It should, and will be interesting.

 

I suggest and demand Bank of America replies with an answer to my suggestions and questions via written mail only, before other measure have to be taken. And once again, do not forget the NPV calculations, as it has been several weeks after my request.

 

Sincerely,

 

Jasmina Subasic

 

Cc:

Arizona Attorney General Office

d: www.bankofamericascrewedmeover.com BofA, We are mad as hell and not taking it anymore!
firstname: Diane
lastname: O'Neill
email: martinplace@earthlink.net
city: Fenton
state: MO
zip: 63026
phone: 314-605-7200
submit: Submit Form
Date: Saturday, October 02, 2010
Time: 12:40:59 PM

address:

1715 San Martin Dr.

comments:

BOA has screwed our credit over. We are in a forbearance with them to try to mod our home loan. We have made the payments they told us we had to make for a year now. they reported nothing of these payments to the credit bureau. Its looks like we have not made a payment in a year. I called the bank they said they are not the ones who report payments to the credit bureau. Then who does this? If payments are sent to BOA they should be the ones reporting it to the credit bureau. I also went to the local BOA for help, they said give them a day to see if they could help. I returned the next day, Chris the branch manager was not happy or freindly to see me. He didnt greet me as he did the day before. They said they couldnt help me because it was a forbearance, they wouldnt tell me anything, Wouldnt even tell me who to call next, or what to do. I thought BOA got all this moeny from the gov to help people who have lost their jobs. SO WHAT HAVE THEY DONE WITH ALL THIS MONEY????? GREAT JOB BANK OF A@@holes!!!

Fight Foreclosure: Producing My Note- How To:

 

Today's News 09-14-2010  Bank of Frauding America Foreclosure Training Class Laughs at Those Losing Their Homes: (sound starts at 30 seconds into video)

 
Song Translated below of what I think Bank of America's employees are saying on the tape:

"You never fund our loan anymore
Without tons of shit
Modifications just don’t exist

You lost that funding feeling and now it’s gone, gone, gone.
Baby, Baby I get down on my knees for you
If you would only fund us like you used do."

Today's News 08-30-2010  Bank of America appoints Kyle a Customer Advocate:

Email from Kyle:

"It is total BS!!!

I had an advocate call me the day after I sent the e-mails out. Let's see if they do anything. There investigating my case.....

What a joke!

Thanks for your help I appreciate it!"

 

Good Luck Kyle!!!          Our prayers are with you.

Well Bank of America we are waiting to see if you are winning back confidence in Bank of America "One customer at a time" as you told John Wright.

 

Today's News 08-28-2010  Bank of America Help's Man but Ruins his credit while giving him False Information Covering it up, More Fraud?:

"I am writing to you today in deep concern on how Bank of America has handled my loan modification, and RUINED my credit in the process!!!

I started the loan modification process 8 months ago. My closers name is Frederick Chinske. I have been lied too, and will not stand down! I came to B of A for help in lowering my mortgage payment. I had not missed a payment. I was told they could help put me on a 5 month trial period, making minimum payments. I was verbally told by Frederick this would NOT affect my credit! I have in black and white a written document also stating this would NOT affect my credit! I made all the necessary payments. While making said payments I continued to get late notices from B of A stating I had missed a payment, when indeed I had not! When contacting Fred he informed me not to worry about those statements, that they were not accurate. Forgive my stupidity for believing that Bank of America was an honest company! After my 5 months was up, no one called me to tell me what to do next. After calling for several weeks to try and get someone to talk to me, Fred instructed me that my "New Loan" was approved, and what my payments would be, and that the paperwork would be in the mail with in the coming week. I informed Fred that I was still getting the late notices from B of A even though I was making the payments! Once again Fred instructed me not to worry about this, that it was a, "mix up"!

I have so far made 1 of my new payments on my own will since I was never mailed a coupon book. Why is this, if my new lowered loan has been approved? That was 3 weeks ago, and now another payment is due, but yet I’m still getting late notices!!!

Come to my surprise while trying to get an auto loan last night (since I sold my truck to get an older, less of a payment truck) I was denied!!!! Mind you I DID have impeccable credit, a 790 to be exact. After investigating my credit report, Bank of America has RUINED my credit!!! I am shown to be 120 days past due on payments! My credit score has dropped over 150 points!!! How could this be?

I am a hard working American! I deserve answers, and I demand this to be fixed!

Kyle M."

Our Response to Kyle:

Kyle,

This is just another way BofA abuses their customers. They never fully disclose anything negative.

When they first set up your account for a mod they created a separate account with BAC home loans to transition your payments through them. When you made your payments direct they had to transfer them to the BAC account. Sometimes this takes days or weeks to do. They record you late internally and until the loan mod matures they don’t report it to the credit bureaus. Total bullshit.

First thing to do is go back to www.bankofamericascrewedmeover.com and send the email to the president telling him what happened. Usually they will appoint you a customer advocate, he will call in a few days, and they will see what can be done to help. Sometimes works sometimes not. You have to try.

You also need to call and explain the issue to customer service. What a bitch but it has to be done. I actually got them to fix that part. You were not late on your payments, BofA was late getting it to the right agency holding the mod.

I help because I can. Keep me posted as to how it goes.

BofA, We are mad as hell and not taking it anymore!

 

Today's News 08-26-2010  Bank of America commits Fraud in Foreclosing on man's home

$100 Million Lawsuit Filed Against Bank Of America

Arizona Man Claims Bank of America Foreclosed On Home Without Telling Him

POSTED: 6:08 pm MST August 25, 2010 Bank of America.
UPDATED: 7:26 pm MST August 25, 2010 Bank of America.
An Arizona man has moved forward with a $100 million lawsuit against Bank of America.

Joel Williams has accused Bof A of fraud and misrepresentation.

According to Williams, Bank of America.  promised him a loan modification after Williams fell behind on the mortgage of his Lake Havasu home.

Williams never received the loan modification. Instead, he got a call from someone who just bought his house at auction after the house was foreclosed on, Williams said.

"I guess if you compare B of A to me, yeah, I'm the little guy," Williams said. "I'm the little guy, but there are a lot of little guys like me. There are thousands of homeowners who have experienced the same kind of wrongdoing by big banks."

Williams has filed a $100 million lawsuit against Bank of America.

Attorneys for B of A on Wednesday asked a federal court judge in Phoenix to dismiss the case. However, the judge denied their request.

Williams' attorney said that he expects the case to go to trial around Jan. 1.

Today's News 08-25-2010 Bank of Abusing America is a bad bad boy:

Read the latest on John Wright's blog -"He's not taking it anymore He's fighting back" http://www.piggybankblog.com/2010/05/22/bofa-news-today-loan-lawsuit/

 

Today's News 08-23-2010 helps consumers with credit cards:

 

My Own Story and YouTube video and Tweeter account coming soon. Send that email.  Be proud of yourself for taking that first step and fighting back.

Could it be that BofA was dragging its feet on purpose, and with the intent of actually trying to make homeowners quit in frustration?
Loan Modification Hell: It’s On Purpose, says BofA

This week the Sun-Sentinel brings us a cheery update on the state of loan modifications: same song, umpteenth tedious verse.

It’s hell…even if you do everything the bank asks, forwarding paperwork in triplicate, over and over, and stay current on your mortgage to prove that you deserve a modification…you still get an Indy 500-level runaround.

Here’s the dirty secret: it’s on purpose. I have it on the record from a Bank of America executive.

At last month’s annual conference of the National Association of Real Estate Editors, journalists listed to a panel of experts explain the back story behind foreclosures, short sales and strategic defaults. On that panel was Jack Schakett, Bank of America’s guy in charge of Credit Loss Mitigation Strategies. He talked about the many resources the bank has thrown at various loan modification and borrower relief programs. Essentially, he recapped many of the claims he made to the House Financial Services Committee on Dec 8, 2009.

(This testimony even promotes BofA’s unleashing of “mobile notaries.” One envisions a platoon of plaid-jacketed, balding notaries wandering the land with their shiny seal-embossers in hand.)

And as recently as June 2, the very day that Schakett was speaking at the conference, B of A was bragging about its progress in moving homeowners through its modification programs.

Then he dropped his guard, and this bomb, in the question–and-answer session. A journalist challenged his claim that Bank of America was doing all it could to help homeowners. We all hear from homeowners about how horrible it is to get someone, anyone, to even answer the phone or respond to their requests, never mind actually make progress in a modification, this attendee said, to the nods of pretty much everyone in the audience.

What say you, Jack Schakett, to this cold splash of reality?

“Well,” he said, “Friction is built into the system. We want to make sure that it’s not easy to get a modification. It shouldn’t be easy – people need to prove that they deserve it.”

I couldn’t believe what I’d just heard. Did Jack Schakett actually contradict his Congressional testimony and his own company’s public relations claims? Could it be that BofA was dragging its feet on purpose, and with the intent of actually trying to make homeowners quit in frustration? That’s basically what he said. It’s an endurance test.

I’d say that Bank of America has a strategy of “strategic delay.” Kind of like the fed-up, underwater borrowers who decide on a “strategic default.” The bottom line: a strategic stalemate.-original story

 

 

 If you have been ruined by Bank of America or had their awful lying customer service then this is the place to voice your complaints.  Send me your stories and I will post them live so all will know the real side of B0fA!  This site is going viral in a big way.

 

I Support John Wright and All Americans That Have Been Abused by Bank of America

 

Bank of America Fraud Actions of Ruining My Credit

 

I support http://www.unitedlawgroup.com/ class action against banking giants like BofA.

 

I am looking to join a class action suit or start one myself.  The voters have shown recently that they are tired of the way this country if run and are throwing incumbents out of office. Look at the Tennessee primary election results.  I propose that B of A needs new management...

Bank Of America Screwed Me Over

I Support John Wright and All Americans That Have Been Abused by Bank of America

 

Bank Of America Screwed Me Over

I Support John Wright and All Americans That Have Been Abused by Bank of America

Bank Of America Screwed Me Over

I Support John Wright and All Americans That Have Been Abused by Bank of America
 

Bank Of America Screwed Me Over

I Support John Wright and All Americans That Have Been Abused by Bank of America
 

Bank Of America Screwed Me Over

I Support John Wright and All Americans That Have Been Abused by Bank of America
 

Bank Of America Screwed Me Over

I Support John Wright and All Americans That Have Been Abused by Bank of America
 

Bank Of America Screwed Me Over

I Support John Wright and All Americans That Have Been Abused by Bank of America
 

Bank Of America Screwed Me Over

I Support John Wright and All Americans That Have Been Abused by Bank of America
 

Bank Of America Screwed Me Over
 


Bank of America Stole My Credit, My Business and Now Trying to Get My Home.

 

Bank Of America Screwed Me Over
 
I Support John Wright and All Americans That Have Been Abused by Bank of America


Have you lost your business because they took all your credit to get the tarp money?
 

 
Did Bank Of America Screw You Over by taking all your personal credit to get the Tarp money?
 
 

Did Bank Of America Screw You Over by hanging up on you repeatedly while on hold and not call you back but make you spend days trying to get back to the right person?
 
 
   
   
   
   

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