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Bank of America review: fraud and misrepresentation, abuse of customers 131

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I am writing to make a complaint against Countrywide Home Loans, and the Bank of America, its owner. Countrywide is using a number of ploys to delay and avoid helping people in regard to the implementing the recently-announced federal program to assist its customers that need help.
Immediately on the announcement of this plan, I went to the Countrywide website which instructed me to collect and fax a list of information, which I did. That was in mid-March. I called a few days later to confirm that they had received my information. They confirmed its receipt, but when I asked about this new program, the Countrywide agent told me the only program they have to assist homeowners is for people with loans through Freddie Mac and Fanny Mae, which my loan is not. I told them that they were mistaken, there are two programs that were simultaneously announced, the Home Affordable Refinance Program, which is the program for Freddy Mac and Fanny Mae borrowers, and the Home Affordable Modification Program, which is for other borrowers. They told me that I was wrong. There is only one program, and they had no program to help me. When I tried to convince them that they were incorrect and giving their customers the wrong information, they hung up on me.
I have called them at least once a week since then, and have made no progress whatsoever—not only in regard to getting a modification, but even in getting someone who will rationally talk to me about doing so. All they do is demand immediate payment, which, of course, is impossible. If I had the money to made the payments, I would certainly do so and wouldn’t be calling them asking for assistance.
Last week when I called, after having been told the same story that there is no program available to help me, I requested to speak to a supervisor. After explaining this whole situation to her, I asked her to validate their receipt of my information. She said, yes, it was received on March 19th but no action has been taken on it. I asked why not. She had no answer, but just said no action had been taken. “It hasn’t been submitted yet.” I asked her to please submit it—I thought I was submitting it when I followed the instructions to collect and fax the information. She said she would request that it be submitted.
Today (April 21), I called, and got a different story. Yes, they have got my information, but there was no indication of its having been submitted. No, they don’t have a program available to help me. Regarding the federal program announced last month, they told me that the government hasn’t released the information to them to implement any such program. They told me to wait until mid-May when they might be able to start the program. Finally, they told me to call HUD. That was it. They have done nothing else to aid me in gaining the assistance that I desperately need.
I went to the United States Treasury website, and found the “Summary of Guidelines” document, which is dated March 4, 2009. In specific regard to the Home Affordable Modification Program, this guideline document states, “With the information now available, servicers can begin immediately to modify eligible mortgages under the modification program so that at-risk borrowers can better afford their payments.” (This text is boldfaced in the document.)
Thus, according to the U.S. Department of the Treasury, mortgage loan servicers could immediately be implementing modification program as of March 4, 2009. However, according to Countrywide, they have not received the guidelines to implement any such program, are not offering any program currently, and don’t know when they might be able to implement such a program. They told me to check back in mid-May. The approach that Countrywide-Bank of America, in regard to me and my case, has been to lie to me, mislead me, and postpone undertaking positive action until I am so far behind that nothing can save me.
In my most recent call (week of May 11-15), the response of Countrywide-Bank of America now is to tell the customer to wait. The telephone representative (you have to speak to a different one each time you call) said that Countrywide was determining who qualified for the program (although they are still steadfastly refusing to admit the existence of the non-Fannie Mae/Freddie Mac “Home Affordable Modification Program”), and that they will mail out notifications to those who qualify. Their advice to me was, “Wait to see if you get a notification letter.” To the question, “How long might that take? How long will I have to wait?” There is no answer. “Just wait to see if you get a letter.” This is very like their advice to homeowners when they embark on the Countrywide internal modification program: “Don’t make any payments while this process is underway.” What they don’t tell you is that the process can take as much as three or four months—time enough without making payments (as you are advised) to become significantly behind in mortgage payments and past the 3-month threshold for qualification for foreclosure. Thus, the obvious plan by Countrywide-Bank of America is to cause the homeowner to fall so far behind in their payments as to make the situation insolvable—government plan or no government plan.
If the President, the Secretary of the Treasury, Senators and Representatives believe that this program they have originated is helping anyone out there who is a customer of Countrywide-Bank of America, they are sadly mistaken. These, hopefully, well-intentioned public officials are living in a dream world if they think that by placing the administration of this program in the hands of the very lenders who created the problem in the first place something significant is going to be done to help endangered homeowners, they are willingly fooling themselves. They have put the fox in charge of the chickens, and the chickens are disappearing, one by one. I wonder why?
The Bank of America, during the first tranche of the infamous $700 billion "bailout plan, " got $20 billion, which they apparently invested in their buyout of Merrill Lynch and bonuses for Merrill executives. Now, when not only have they received significant federal government money, supposedly to assist them in freeing up the credit markets, and now have available an additional federal program to assist needy homeowners, they are refusing to do so. I have talked to a few other people that I know how are also having financial problems and mortgages with Countrywide, and they are also getting nothing but refusals and postponements. It is impossible to find someone to rationally discuss one's financial problems with at Countrywide as they refuse to do so. Their response is nothing but to insist on immediately bringing accounts up to date or paying off the loan. There is a serious abrogation of responsibility involved here by a company that has taken federal money but refuses to assist taxpayers who are their customers. I have read that the CEO of Bank of America has now admitted that he is sorry that his firm took the money--probably most of all because, subsequently, he has come to realize that responsibility would be expected of them in return, and that they would be expected to do something for their customers. The Bank of America-Countrywide should be prosecuted for taking money under false pretenses.
I am seeking information from you regarding Countrywide. I would like to contact other Countrywide customers who have been having similar problems to get them to join with me in contacting our members of Congress, the President, and Secretary of the Treasury, to inform them of Countrywide-Bank of America's abuses of the use of federal funds, the public trust, and their customers.

Resolved

The complaint has been investigated and resolved to the customer’s satisfaction.

131 comments
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KelleyV
US
Feb 03, 2010 9:29 pm EST

These comments scare me. I was told tonight by a BOA employee to "Not make a payment until you hear back from us in 45 days". I told him I didnt feel comfortable doing that. I have 3 kids and did not want them coming home from school one day with a Forclosure sign on the lawn. He said "Listen to me. You can not make a payment or you will not get the assistance." I told him what proof would I even have of the advice. I said "I dont even know you and I only have your word". He said he would give me his name and ID#. I said OK. My guess is this guy was not even in the USA he had a heavy accent. He said his name is BOB. I got his ID# and a phone number with extention. I just dont feel right about not paying. We are already behind on our prop taxes, which BOA took over and are not charging us $500 more per month. We have continued paying our original morgage payments minus the extra. BOA sent us a letter to pay by 02/19 or they will start forclosure proceedings. We will have this money due to getting Fed taxes back, but now BOB is telling us not to pay?

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milesius
Princeville, US
Feb 09, 2010 1:22 pm EST

Same situation here. BoA is dirty and using all kinds of tactics to ruin us and take our home. Our Homeowners insurance was suddenly canceled, and no valid reason was given. BoA notified us that we were in some kind of default for lack of insurance within days, though we had already switched to a new coverage provider. BoA also requested our property tax bill be sent to them from the county, though it is not part of our mortgage agreement and we pay it separately.
We were told by BoA that we could not get into their renegotiation program unless we stopped paying our mortgage, and now they are foreclosing. We have tried every option to negotiate with them, and feel our last and only option is to join or start a class action lawsuit. Can anybody tell us how to get that started?

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stuffncritters
farnam, US
Feb 09, 2010 5:55 pm EST

Here is what I have found that may help others. STAY IN YOUR HOME until a law enforcement serves you papers. Also look up PRODUCE THE NOTE this has helped a lot of people. We stayed in our home and they CountryWide or "BANK OF AMERICA" made the mistake of sending out property management company and they broke into our home and destroyed it looking for money. They then locked us out with their own padlocks. Now I have an attorney that assures me that what they did is against the law and I have all kinds of proof showing that they did it and tried to offer me $1, 000.00 to drop all charges. Yeah right! I will be laughing all the way to the bank now. They never followed procedure in a foreclosing. They skipped many steps and this one they can't deny. STAY IN YOUR HOMES until you are served by the law.

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milesius
Princeville, US
Feb 11, 2010 9:44 pm EST

I found helpful info online, for free, from a lawyer that has beat the bank at foreclosure.

http://www.youtube.com/watch?v=F9L4eRaIxLQ&feature=related

http://livinglies.wordpress.com/2009/11/23/lawyers-foreclosure-defense-of-quiet-title-faces-tests/

http://www.livinglies-store.com/testimonials.html

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Sad and dissolutioned
52 Loyola Rd., US
Feb 15, 2010 5:22 pm EST

My husband and I are having the same problems with Countrywide. Our house is in foreclosure now and will be official at the end of March 2010. I called Countrywide, wrote, emailed and was told each time that there was nothing they could do for us. All I wanted was to extend my loan so we could afford the payments. My husband and I had lost jobs and we were very upfront with Countrywide hoping they would help us keep our home. The first phone call was to inform them we were going to be late on our November 2008 payment due to change in income and loss of employment and we were told, it would be better for us if we waited until we were several months behind and then call back. The next call we were told we had to submit income information. They had us making $13000.00/month with debt of only $6000.00. That was completely wrong informationg. If we were making that much why would we be calling them? I sent all of the info they requested and then was told our debt to income ratio was too bad there was nothing they could do for us. I asked them if they would rather have the house than help us keep it. I received no answer. Since all of this my husband and I had to file bankruptcy and the house will be foreclosed on in less than a month. Countrywide, shame on you for taking away the American dream and leaving my husband, children and I homeless! We were very fortunate to find a place to rent but we should have been able to work with Countrywide Home Loans and still be living in our home. Now the chances of a bank being willing to work with us is slim to none. We may never have a home of our own again. This whole process has been very difficult on my family and I feel we should all have retribution. We deserve a home of our own.

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kdc3187
mount morris , US
Feb 18, 2010 12:25 am EST

do not feel bad folks, I paid my note on time and with extra each month! I also put over 20% down and have in the last 5 years paid back more than 60% of what I borrowed. I keep getting offers from them to refinance (at a higher fixed rate ) my ARM. but see they have somehow reported my HELOC as unsecured revolving debt translation credit card debt. but since I can not acess any of the extra I paid on my loan how can this be? my score when I bought the house was 819-823 today about 200 lower. found this out when tried to get insurance on my fledgling business and was told with this low score I am a high risk and will have to be put into a pool...
so see they are not just screwing those of you that are in over their heads they do people that did everything right too

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Realfastboats
Spring Hill, US
Mar 04, 2010 7:07 am EST

Hey I have one for the record books on these idiots. First and foremost, I owe the money it is my responsibility. That said I have no job now and have not for almost a year. Here is the rub. I tried several times for a loan modifications and was met with a mountain of challenges with the final one a reduction of $30.00 on a $1200.00 payment. I then approached the Devil (otherwise known as Bank of America) and asked about a Deed in Lieu to make the whole thing less painful for all parties and less expensive for the bank. In July of 09 a major storm hit the area and the home received damage. I, as requested by the bank sent the insurance for damages to the bank and they received it in august. I was told in order to do a deed in lieu that the home needed to be listed by a realtor for at least 90 days...This is where it gets really interesting! As the last days ticked off the clock to qualify I contacted the bank to tell them I was ready to move forward with the deed in lieu transaction. They told me they would be in touch and would contact me within 30 days. THEY DID CONTACT ME BY LETTER to inform me that I DID NOT QUALIFY for the program as there was un-repaired damage to the home... ARE you KIDDING ME? I had already sent bids on getting the work done submitted the information which they had for several months, I made untold phone calls asking when the work was going to start and nothing was done. UNBELIEVABLE what a bunch of clowns. I finally had to contact the division of banking and finance to get any movement on the issue...Still not completed. Thanks MR. President great programs you have out there.

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kjkjames
US
Mar 10, 2010 11:48 am EST

Would this be a class action lawsuit? I have been having the same problems since October 2009. I am on the phone AGAIN with BAC and STILL have not received any "paperwork" for a loan modification.

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kjkjames
US
Mar 10, 2010 12:06 pm EST

Has anyone contacted an attorney about these issues we are discussing? I am at the point I want to speak to someone today and rally up a group of Countrywide-BAC customers who are having the same issue. Who do I contact here on this site? What government official do I contact? Thanks.

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trp3
US
Mar 23, 2010 4:28 pm EDT

http://www.helpwithmybank.gov/complaints/index.html

You need to go to this site to file a complaint for a national bank. I encourage EVERYONE to do it and pass along the information. Nice to share stories here, but ACTION is what is needed!

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808hawaii808
Kalaheo, US
Mar 27, 2010 3:26 pm EDT
Verified customer This complaint was posted by a verified customer. Learn more

I'm in the same boat too. I've tried to resolve our situation which has already put us near foreclosure, with each call I make I have to speak to another rep. They put you on hold and then come back to tell you that I'm back in my payments and I should get current. I asked help to Modify my loan. They claim that they sent out a package to us that we received two days before the send back date. I told them I need to look it over. When they got the packed back although the mail in date met that last day, they didn't receive it for nearly a week then say because of the late mail in we didn't qualify. I said look at the stamped date that it was mailed to you. That didn't help me. So we try to do another modification all over again. This has been one year now. We started 3/17/09 and up to this day 3/25/09 haven't got them to modify our loan nor get to work with one representative either. We know that it's a game and they are waiting until the last second of the game before they say something like. "We got all of these complaints to address so you'll have to stand in line." Please call back at another time.

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choyce7
Merrillville, US
Mar 29, 2010 4:38 pm EDT

I was current on my mortgage until I fell during an ice storm and injured my back and leg. I contacted BofA telling them that I was off work and that I would need assistance for just a short time hopefully until I get back up on my feet. They told me that I was eligible for both the home modification and the making homes affordable plan. I faxed them all of the paper work they required in February of 2010. Now I am receiving possible foreclosure notices and several calls regarding the two payments that I am behind. When I explain to the representatives that I have applied for this program they wish me well and tell me that I will continue to receive the calls but not to worry because I have already applied for assistance. Now I am receiving the notices threatening foreclosure. When you attempt to call, you get that horrible automated system that is also voice activated. If you cough, it will throw you into a whole new set of options, choices that you do not want. There is no direct number to the HOPE department that I am beginning to believe does not exist. I suppose as horrible as this may sound, I feel better knowing that I am not the only one. However, I am terrified that this is happening to so many people. There has to be something we can do collectively to get the benefits that our tax dollars paid for. I have paid taxes for 30 years, never collected unemployment, public aid or anything else. Now I am middle aged and need assistance. After 30 years of paying taxes to ensure that help is available for the average person, I believe I am entitled to demand that we get the assistance. That is why we pay the taxes, right?

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milesius
Princeville, US
Mar 29, 2010 8:00 pm EDT

Your situation is terrible, and I am truly empathetic. However, you are wrong about taxes, and the idea behind government assistance. They are both methods of oppression and control. Stop relying on the government and do something. Get a lawyer, or educate yourself. Our current establishment has created a system that gives money to your bank, BofA if and when it forecloses on you, NOT to help you or save your home.
If everyone demanded that the banks be prosecuted for illegal lending, misrepresentation, loan sharking, selling packaged loans as investing scams and foreclosing without due process than you might be able to save your home, and even be absolved of your debt.
Now that would be a CHANGE!

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FEDUPALL
Leesburg, US
Mar 31, 2010 2:08 pm EDT

I am fed up with this system that we lived in, these banks need more regulations, we as hard working slaves in this country have no rights against our slave masters such as congress [SLAVE MASTER THAT CONTROL OUR LIVES BY WRITING FRIVOULOUS BILL THAT GOVERN US INTO LAWS] and the finanacial systems[banks] that govern us, iam trying to contact this big slave master{ BANK OF AMERICA} about his plantation, why i cannot pay him, instead of working with his slaves all you get from him is whipping from his concubines [SUCH AS REPS THAT WORK WITH HIS INSTITUITION} THAT LISTEN TO HIS COMMAND AND PASSED OUT ORDERS} we as slaves need to petition more about this
fraud and corrupt giant that we allowed to push us around. i say we all stop paying and go on the systems, and let see who wins. [cash is King] WHO NEED CREDIT?////
THAT IS DISCRIMATING TOOL THAT THE GIANT [banks, slave master use to whip us.
we all need to show the systems that we are the BOSS. BOYCOTT CREDIT CARDS, AND STOP WORKING AND GO ON THE SYSTEMS, LET THEM TAKE CARE OF YOU POOR SLAVES, RICH SLAVE MASTER NEED US [SUCH AS BANKS, GOVT, NEED US TO MAKE THEIR CASH FLOW FLOWWWWWWW, STOP PAYING LIVE WITHOUT CREDIT THEY ALL CRUMBLE, [ECOMONY]

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Kristya
Long Beach, US
Mar 31, 2010 4:01 pm EDT
Verified customer This complaint was posted by a verified customer. Learn more

I was wondering when someone was going to post something on this recent development, but I guess I have to be the trendsetter. Well as you can see below countrywide is being forced to take this action starting in May. Read below and comment.

Brought to you by Yahoo! Finance

By IEVA M. AUGSTUMS, AP Business Writer Ieva M. Augstums, Ap Business Writer – Wed Mar 24, 6:29 pm ET

CHARLOTTE, N.C. – Bank of America Corp. is giving some of its most troubled mortgage borrowers relief from the threat of foreclosure.
The bank, the largest mortgage servicer in the country, said Wednesday it will forgive up to 30 percent of some customers' total mortgage balances. The homeowners must have missed at least two months of mortgage payments and owe at least 20 percent more than their home is currently worth.
The plan is the newest provision of an agreement the Charlotte, N.C.-based bank reached 18 months ago with state attorneys general to settle charges over high-risk loans made by Countrywide Financial Corp.
The loans were made before Bank of America acquired the mortgage lender in mid-2008. The bank has since stopped making those loans.
Although the motivation for Bank of America's announcement was to resolve legal problems, it has the potential of putting pressure on other banks to also forgive principal on loans that are in danger of failing. Bank of America is the nation's largest bank, and it's among the first to take a systematic approach to reducing mortgage principal when home values drop well below the amount owed.
The Treasury Department, which already has a mortgage modification program, is developing similar plans for principal reductions at other mortgage servicers, according to industry officials speaking on condition of anonymity because they were not authorized to discuss the conversations. They said an announcement could come in the next few months.
"They're talking about doing something and talking seriously about it, " Julia Gordon, senior policy counsel at the Center for Responsible Lending, a consumer group, said of Treasury officials. "I think the concern now is fairness and making sure that the public understands the importance of principal reductions toward stabilizing the housing market and helping everybody."
Bank of America estimates that about 45, 000 customers will qualify for its plan. The offer will cut total reduced principal by about $3 billion.
Some banks said they have already reduced principal on some mortgages. Wells Fargo & Co. said Wednesday it has modified more than 52, 000 adjustable-rate mortgages that it inherited through its acquisition of Wachovia Corp. in late 2008. As of the fourth quarter, the bank also had reduced the principal on those mortgages by more than $2.6 billion.
Citigroup Inc. would not say whether it planned a similar program, but it did issue a statement that said in part, "Citi does reduce principal for borrowers on a case-by-case basis after other options to address affordability are exhausted."
A spokeswoman from JPMorgan Chase & Co. declined to comment on whether it planned a similar program.
Bank of America's announcement came as another report pointed to continuing problems in the housing market. The government said new home sales dropped to a record low last month, a day after the National Association of Realtors said sales previously occupied homes also fell in February, the third straight monthly decline.
Millions of homes have gone into foreclosure since the housing market collapsed in late 2007. The loans affected by Bank of America's announcement include certain subprime and option adjustable rate mortgages. Option ARMs allow borrowers to start with minimal monthly payments that actually increase the loan's balance.
The borrowers who can take advantage of the Bank of America program must also qualify for the Obama administration's $75 billion mortgage loan modification program.
The program announced Wednesday could lower the bank's earnings, which have already been hurt by consumers' continuing defaults on mortgage and credit card loans. Bank of America was among the hardest hit by the credit crisis and recession.
It's not clear how big a financial hit Bank of America will take by reducing mortgages. But the move will likely be less costly than having homeowners walk out on their mortgages or opt to do a short sale, banking analyst Bert Ely said. A short sale happens when a seller owes more than the house is worth, and the lender is willing to accept less than the mortgage balance.
"This is about loss minimization, " Ely said. "There's going to be losses (for Bank of America). The question is what's the easiest way out."
The plan does carry risks. For starters, borrowers who aren't 60 days behind on their mortgages may stop making payments so they can qualify. The more borrowers who try to qualify, the bigger the potential loss for Bank of America. The bank will also have to absorb the costs of renegotiating the loans.
Even so, "the move helps create the best prospect of avoiding a further downward home price spiral, which would result in even deeper losses" for the bank, said Howard Glaser, a mortgage industry consultant, in an e-mail.
Investors appeared pleased with the news, and sent Bank of America shares up 44 cents, or 2.6 percent, to close Wednesday at $17.57.
According to new plan, which begins in May, Bank of America will first offer to set aside a portion of the principal balance, interest free. That principal can be forgiven over five years, if homeowners don't miss any payments. The maximum decrease in principal will be 30 percent.
The forgiveness allows a homeowner to bring a mortgage balance back down to 100 percent of the home's value, the bank said.
Glaser said that if the Obama administration launches a similar effort for the entire industry, that would be a "major shift in loan modification efforts."
Lenders including Bank of America have been criticized for not helping enough borrowers to complete the Obama administration's $75 billion mortgage modification program, which is widely viewed as a disappointment. Only 170, 000 homeowners have completed the program so far.
As of last month, Bank of America had completed modifications for about 22, 000 homeowners, or about 8 percent of those signed up. That compares with about 12 percent for Wells Fargo and 11 percent for both JPMorgan Chase and Citigroup.
The mortgage modification program does not address the problems of borrowers who are considered underwater, or owing more than their homes are worth.
The Treasury Department estimates that 1.5 million to 2 million homeowners will complete the program by the end of 2012, about half of the original goal. A report issued late Tuesday by Neil Barofsky, the special inspector general for the Troubled Asset Relief Program, says numerous changes to government guidelines "caused confusion and delay" and said the government did not do enough to advertise the program.
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AP Real Estate Writer Alan Zibel and AP Business Writer Daniel Wagner in Washington, D.C., and AP Business Writer Stevenson Jacobs in New York contributed to this report.

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Kiele Englander
Sumner, US
Apr 08, 2010 3:37 pm EDT
Verified customer This complaint was posted by a verified customer. Learn more

My Dad has a home loan with Bank of America. about 6 months ago they lowered our house payment and told him some program would kick in and cover the remaning ballence due after his mothly reduced payment. They never coughed up the funds and then tried to foreclose our home. Bank of America is a big scam, and has no care for it customers. We need to put them out of business. why do we spen so much money fighting wars across the seas while BANK OF AMERICA IS HERE RAPING OUR CITIZENS.

DOWN WITH BANK OF AMERICA!

We all need to writ our senitors, swamp the press, do anything to bring them down. The longer and loader we yell the quicker we get our lives back. I hope the best for us all

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stuffncritters
farnam, US
Apr 08, 2010 4:40 pm EDT

Google in phillips and garcia attorneys that help with all this we are talking about. Hope this helps.

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precious_lambs
Richmond, US
Apr 16, 2010 1:34 pm EDT

We are losing our house from all this. We were told over and over for MONTHS now that our loan mod was accepted but had yet to be updated in their system. We were told the same thing by several people on a monthly basis. We made our "new" payment every month which went into a partial payment account but were told that everything would be corrected. Last Thursday we received a letter stating our house was in foreclosure with a sale date of May 25. We have been scrambling all week to try and get this resolved but have been told that basically there is nothing we can do at this point (not just by BofA but other sources) except pay more money out into options that no one can guarantee. We can't afford attorney costs.

We have started packing and looking for a place to rent. This has killed our credit and our the future dreams for our family. We can't keep fighting much longer because we have a 3 year old Autistic son who needs structure and needs to know sure things.

Class Action would be nice but doesn't save our house or credit at this point.

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ccampbell1946
Orangevale, US
Apr 19, 2010 4:45 pm EDT
Verified customer This complaint was posted by a verified customer. Learn more

What you don't understand is that the Banks make more money on the foreclosure then in redoing the loan. They have AIG to back the losses. So why should they help anyone but themselves. The banks should and need to fail for us the clean house once and for all. All the Government hoopla is just eye candy while they steal all they can from the middle class.

Actually not many people at any level are really seeing help from the Government Programs that cost a ton of money, only the connected Fat Cats maybe different Fat Cats then under Bush Fat Cats, but Fat Cats just the same.

Just remember in November, if they are in office GET THEM OUT. We need a revolution and send a message to all levels of Government that we are NOT GOING TO TAKE IT ANY-LONGER. We need new people in Government, I hope it will be from the men and women who have been fighting in the Middle East on behalf of basic freedoms for all peoples. I think that is our only hope as a Nation, before we take to the streets.

We need the Government to fear us, the people, not the other way around. We need to take our Country back.

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julieBerger
La Verne, US
Apr 20, 2010 4:52 pm EDT
Verified customer This complaint was posted by a verified customer. Learn more

Oh boy, I am scared to death at this point, we are in the beginning stage of making home affordable program, seriously I am totally hesitant at this point to go forward. I just want to state something here, has anyone ever talked to those people in India? They don't understand half of what I say and certainly I don't understand MOST of what they say. "Bank of America" Shouldn't they hold true to that? Instead paying people in India for our customer service. Geeeez. I mean really, why can't they build a gigantic calling center out in the middle of I don't know maybe Utah or somewhere and employ or American people to boost our economy. Something is very very wrong here with calling India on something as important as our mortgages... So Frustrated.

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H A Fisher
Billings, US
Apr 20, 2010 5:13 pm EDT

Country Wide made a loan on a house I have an interest in, and five people were on the deed or title and recorded as so, for a good number of years and they made a loan, on the house, with Chicago Title showing only one owner that they made the loan to, I realy don't think that is legal, could any one let me know what can be done about this. To me it seems like faud or pretatory lending. Bank of
America now has the Loan.

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Kristya
Long Beach, US
Apr 23, 2010 9:36 am EDT
Verified customer This complaint was posted by a verified customer. Learn more

Has anyone received loan modification papers from B of A as of 4-22-10 ? We did and guess how long we have before we must send it in to be approved? 4-26-10. That basically only gives us one day to review sign and send it via Fed Ex so that it can reach them on Monday the 26th. Now if anyone of you has received similar paperwork, I urge you to think carefully before signing and returning those papers. Why you may ask? Starting May 1st B of A is required to start reducing the principal loan balances of their customers that are in danger of foreclosure, this is a court order people. So don't you find it strange that we would receive loan modification papers less than a weak before this new program is to take effect? When I called to inquire about these loan mod. papers they urged me that we were very lucky to be approved for this type of program since many people are not being considered. Guess what I think they are bunch of liars, I believe that all of their customers who are in danger of foreclosure and have a LTV ratio at 120% or more received these papers. (LTV is calculated by dividing your loan balance by what your home is currently worth) This is one of the guidelines to qualify for this new program. B of A knows that so many of their customers are in this boat so they are trying to make a deal with us before their new program is in effect. Once you sign and return that loan mod. papers you will not be considered for the new program starting May 1st. You can only apply for one type of modification in your lifetime even if a better one comes along that is better suited for you. A final note, I later spoke to someone in loss mitigation who tried to assure me that their is not guarantee that we will qualify or be approved for this new program starting May 1st so if she were us she would sign and return the paperwork for the loan mods we just received. Well she is not us and in all the time debt collectors were calling us not once did we receive a call from someone saying that they were going to be sending us papers for a modification. You figure it out, is in our best interest to sign papers under duress or just wait for May 1st?

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Deborah Ann Dugger
Poplar Bluff, US
Apr 26, 2010 8:33 pm EDT

ThE SITE below is major here

http://www.real-debt-elimination.com/bank_fraud/bank_fraud_1.htm

If you're an honest, ethical person who believes that the party who funds a loan should be repaid,

then we can help you. When you discover the truth,

you will be happy to be repaid for funding your own loan

and wonder why the bankers thought they should be paid.

It's only fair to receive equal protection under the law,

equal protection under the bank loan agreement,

and for the whole truth about the bank loan agreement to be revealed.

The whole truth is NOT revealed to the borrower.

The bank or other lending institution does NOT disclose to you that your promissory note is actually an asset to the bank
- which they deposit as THEIR asset.
--> recorded by the banks book keeper! Your promissory note was turned in like it was a check and was paid by Fed Reserve
a large sum of money for getting your signature! So where does - your is your deed of trust since its already been paid?

The bank does not let you know that a promissory note is actually a "negotiable instrument" under the Uniform Commercial Code,

and that it will be deposited to fund your loan.

Nor did they tell you that the bank has a liability to you of approximately the amount of the loan.
(The bank owes you by their own bookkeeping entries!)

The bank does NOT tell you that you actually provided the real cash value for your own loan!
Thus, the bank only appears to be lending you anything.

http://www.apfn.org/apfn/bank_loan.htm

Proof from the Feds about your bank Loan

From: "R. J. Tavel, J.D." balance rises, but the currency he or she holds or the deposits someone
> else holds are reduced a corresponding amount. The public's total money
> supply is not changed.
>
> But a depositor's balance also rises when the depository institution
> extends credit-either by granting a loan to or buying securities from
> the
> depositor. In exchange for the note or security, the lending or
> investing
> institution credits the depositor's account or gives a check that can be
> deposited at yet another depository institution. In this case, no one
> else
> loses a deposit. The total of currency and checkable deposits-the
> money-supply-is increased. New money has been brought into existence by
> expansion of depository institution credit. Such newly created funds
> are
> in addition to funds that all financial institutions provide in their
> operations as intermediaries between savers and users of savings.
>
> But individual depository institutions cannot expand credit and create
> deposits without limit. furthermore, most of the deposits they create
> are
> soon transferred to other institutions. A deposit created through
> lending
> is a debt that has to be paid on demand of the depositor, just the same
> as
> the debt arising from a customer's deposit of checks or currency in a
> bank.
>
> Two Faces of Debt Web Site Below - Chicago Fed .Org Site
> http://www.chicagofed.org/publications/twofacesofdebt/twofaces.pdf
>
> Do Banks Play By The Rules?
>
> I had always assumed, for example, that banks could only loan out the
> funds
> that other bank customers had placed on deposit with them. This had
> always
> seemed obvious to me, after all wasn't this common knowledge? If you
> wonder what people really believe, go ahead and do a little survey of
> your
> own: Ask people on the street where banks get the money to loan out, and
> they'll tell you: banks get the money from folks who have deposited
> funds
> with the bank!
>
> But is that really true? Since all banks are members of the "Federal
> Reserve System, lets see what the FED has to say, in its book Modern
> Money
> Mechanics, A Workbook on Bank Reserves and Deposits Expansion published
> by
> the Federal Reserve Bank of Chicago, February 1994:
>
> "In the United States neither paper currency nor deposits have value as
> commodities. Intrinsically, a dollar bill is just a piece of paper,
> deposits merely book entries. ...The actual process of money creation
> takes place primarily in banks." (my emphasis)
>
>
> Money creation? What, I began to wonder, is a private bank doing
> "creating" money? After all, I reasoned, if I were to do that, it would
> be
> called counterfeiting! The answer was right there for all to see in the
> same booklet:
>
> "In the absence of legal reserve requirements, banks can build up
> deposits
> by increasing loans and investments so long as they keep enough currency
> on
> hand to redeem whatever amounts the holders of deposits want to convert
> into currency. This unique attribute of the banking business was
> discovered many centuries ago.
>
>
> Stop, for a moment, and ask yourself: How do you build up "deposits" by
> increasing loans? Don't you have to have the deposits first? Or, can
> they
> just "loan" something that they don't actually have!?
>
> What they describe next is something called "Fractional Reserve Lending"
> where a "bank" can "create notes" (today mere book keeping entries in a
> computerized bank ledger) thereby representing as "bank assets"
> something
> far in excess of the actual cash they have on hand!
>
> "It started with goldsmiths. As early bankers, they initially provided
> safekeeping services, making a profit from vault storage fees for gold
> coins deposited with them. People would redeem their "deposit receipts"
> whenever they needed gold or coins to purchase something, and physically
> take the gold or coins to the seller who, in turn would deposit them for
> safekeeping, often with the same banker.
>
> Everyone soon found that it was a lot easier simply to use the deposit
> receipts directly as a means of payment. These receipts, which became
> known as notes, were acceptable as money since whoever held them could
> go
> to the banker and exchange them for metallic money.
>
> "Then, bankers discovered that they could make loans merely by giving
> their
> promises to pay, or bank notes, to the borrowers. In this way, banks
> began
> to create money. More notes could be issued than the gold and coin on
> hand
> because only a portion of notes outstanding would be presented for
> payment
> at any one time.
>
>
> Ask yourself this question: If the customers depositing their gold with
> these "bankers" had discovered that these guys were printing up receipts
> for gold that wasn't even there and were "loaning" these bogus
> "receipts"
> at interest--would these customers have been upset? Would you? Of
> course! But, why?
>
> To answer that, let's ask another question: Did the "goldsmiths" admit
> to
> their customers that they were creating these bogus receipts (with no
> actual gold to back them)? Of course not! What do we call that? A
> lie! By omission. But, a lie nonetheless! Next, the gold receipts
> themselves were "counterfeit, " because there was no gold behind the
> bogus
> receipt! So, what were these "goldsmiths" actually doing?
> Counterfeiting!
>
> Fast forward to the present, and our current, so-called banking
> "system."
>
> When you read the above story of the goldsmiths, do you get any hint
> that
> the author of this FED publication either realizes or cares that these
> goldsmiths were liars and counterfeiters?
>
> I don't think so! In fact, aren't you left with the impression that the
> author thinks these liars and counterfeiters were pretty smart?! Yep...
>
> So, what does this have to do with your credit card debt?
>
> Plenty! The FED is telling you in plain language that it is running the
> same scam the counterfeiting goldsmiths ran on their customers! --Only
> better! Because there is no gold backing any of the notes!
>
> Imagine that! These guys are so proud of themselves--so arrogant--that
> they don't mind admitting their scam, in print! Which might be okay,
> except that they are giving you evidence of their scam, in print! What
> good is that?
> Very good, because the laws on the books still require that if you pay
> for
> something (such as payments and "interest" on a "loan") that you
> actually
> receive something in return for those interest payments!
>
> What the law calls "consideration." If all you are really getting is
> just a
> "ledger entry" (sometimes called "checkbook money") then the "bank" is
> risking nothing, and you have received no "consideration!" The fact that
> you may have bought products, or even a house, with that "ledger entry"
> makes no difference at all! The only issue is where the "loaned amount"
> came from! Especially if it came from you instead of other depositors!
>
>
> Where Banks Really Get The Money To Loan!
>
> How, in heaven could the bank get the "money" from you to loan to you?!
>
> It's easy when all you deal in is "paper"... paper "dollars" (with
> nothing
> to back them) paper notes, paper everything! Have you guessed yet how
> they
> got the money from you to "loan" to you? That's right! Paper! To get
> your "loan" or your card, you signed something called a "promissory
> note."
>
> Here's where it gets interesting! A promissory note is a "negotiable
> instrument!" Bonds traded on the open market are negotiable
> instruments! The check you sign and send out to pay a bill is a
> negotiable
> instrument, and so is the check you get from the bank, your so-called
> "loan." The question is whose promissory note is it? If you are the one
> making the "promise, " if it is your future labor that is backing that
> promissory note up, then it must be your note! Right? What pretext
> does
> the bank use to get that money (negotiable instrument) from you? They
> need
> to hold it as "collateral" for the "loan, " right? And since it is your
> collateral, you expect to get it back, right? (You never intended it to
> be
> a gift to the bank, did you!?) So, when the bank enters that negotiable
> instrument on their books, it would have to go under "liabilities that
> must
> be repaid, " right?
>
> Ah, but what if the bank decided to put that negotiable instrument under
> the assets column of the ledger--as if that note had been a gift to the
> bank!? Then, they would have a "new asset" that could be "loaned" and
> they
> also happen to have a "customer" (you) ready to make payments to them
> who
> wants that loan!
>
> Guess what? That's exactly what banks do! In fact, in conventional
> loans,
> they frequently sell your promissory note on the market to get the money
> to
> loan to you! In other words, they take your property and sell it in
> order
> to fund the loan! The laws on the books define that activity as fraud!
>
>
> I'm not sure I feel right about this. After all I did receive products
> and
> other goods when I used my credit cards. It seems to me that not paying
> what is owed is wrong.
>
> This is not a program that condones theft, or that tries to excuse the
> non-payment of a lawful debt. We believe that everyone should be
> treated
> fairly! But, shouldn't that include you and your family as well? A
> fair
> and impartial judge would want to know what really happened wouldn't
> he? So, before you climb into the judges seat and rush to judgment
> against
> yourself and your family, ask yourself this question: If a judge wanted
> to
> be truly fair, wouldn't he want to take into account all of the facts?
> Of
> course he would! So, in the interest of being fair to you and your
> family,
> let's do a quick recap of what we know, okay?
>
> 1. First, we know that the merchants we bought products from got "paid"
> with credit ("checkbook money" that was "created out of thin air") by
> the
> bank that issued the card. So, at least for now, we don't have to
> concern
> ourselves about them.
>
> 2. We know that all so-called "money" (what we call "dollars") is
> nothing
> more than notes (debt-notes) issued by a private "bank" (the Federal
> Reserve) with nothing to "back them up."
>
> 3. We also know that banks do not use the "money" loaned to the bank by
> depositors, but instead "create" this money as an "asset of the bank"
> when
> you sign their "contract" which includes your promissory note!
>
> 4. So, therefore they are appropriating your future labor without your
> permission, putting it down on their books, not as a "loan" from you,
> but
> as if it were a "gift!" If someone deposited with you 100 ounces of gold
> to
> hold as "collateral, " would you list that gold as your asset on the
> books
> of your company, rather than as a liability (which is what it is)?
>
> That's what banks do routinely: They list your labor (promissory note)
> as
> their asset! At best, no loan ever took place: they traded their
> negotiable instrument for your negotiable instrument! A trade is not a
> "loan!"
>
> 5. Were you ever informed that the bank would "create out of thin air"
> this so-called "money?" (By stealing your promissory note.) No! And,
> that
> is a failure of the bank to make "full disclosure!" Since the bank
> created
> this "money" did they ever have anything at risk? No! That means you
> never received consideration!
>
> 6. No disclosure and no consideration means that two of the six
> requirements for a valid contract are missing!
>
> 7. Unless all six requirements are met, there is NO (valid) contract!
> It
> is null and void!
>
> What does that tell us? It tells us
> 1. that you are a victim of the bank's fraud! (Not the other way
> around!)
> 2. that the only party who was allegedly "owed" was the bank, not the
> merchant. BUT how can the bank be "owed" if they never really "loaned"
> you
> anything?
>
> 3. Remember, they "created" the "asset" on their books by tricking you
> into giving them something of real value for FREE: your future labor (in
> the form of a promissory note)!
>
> Lastly, it would be good to remember, that until our country begins to
> deal
> in real money (not paper debt-notes) everyone in this country is a
> victim! Now you know why a new car that cost $3, 000 in 1970 costs
> $30, 000
> today! Inflation didn't just "happen!" It was planned as an easy way to
> reach into your pocket and steal from you! It was done by printing up
> more
> and more and more so-called money by that private counterfeiter the
> FED! If anyone "owes" someone, it is the FED who owes all of the
> Americans
> it has swindled since its inception in 1913!
>
> What about the merchant? Was he defrauded too?
>
> Yes! The merchant was also defrauded, because he believes he received
> "money, " when all he really got was an "accounting entry" ("checkbook
> money") which has NO (intrinsic)
> value other than the fact that people are currently accepting it as
> payment.
> In a serious economic depression, (which we are about to enter) it is
> very
> likely people will begin to refuse this "paper" and only accept real
> money--silver and gold, or other goods in trade. When this happens, it
> will become clear to everyone that they've been defrauded!
>
> More info: http://www.themoneymasters.com/presiden.htm
> peace and prosperity,
> Jacques #1
> Source for truthful but unbelievable information
> http://www.truepassiveincome.net
> 877-280-4157EED
>

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Deborah Ann Dugger
Poplar Bluff, US
Apr 26, 2010 8:44 pm EDT

I also spoke to a certain person who has reported--> they ( BOA ) does NOT have the ORIGINAL NOTE pertaining to your homes!

Call them an REQUEST your ORIGINAL NOTE DOCUMENTS! IF they don't send them, then file a complaint in fed. court against them!

Further more: The original note that you signed is no longer available nor retrievable.
Therefore the bank’s evidence is lacking, besides the asset funds they have already received 9 x's the amount that you borrowed!

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Grammy2kids
Mapleville, US
May 04, 2010 6:16 am EDT

We also had Countrywide and then turned into Bank of America, , we had a major flooding problem with our property which made it impossible to continue to stay at our home. We called at least every day for weeks to ask what can be done? After 13 years in our home we thought for sure somebody would help? Nope so after losing it all we filed for bankruptcy, , now we almost a year later we are being sued from Bank of America for all sorts of $$$ and they have the audacity to appraise the house that is cannot be lived in @ 61, 000.00 Funny after all is said and done they are trying to take us to the cleaners, but looking to sell this place to somebody else? Oh my, , this is a bank? Be afraid, , , very afraid. We also are part of the class action suit because Countrywide sold our names? Can you believe this? Lisa and James from Northeast Ct. Please email me if you have a lawyer working on your case that we would contact. Thanks

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NoHelpAtall
Syracuse, US
May 04, 2010 6:55 am EDT
Verified customer This complaint was posted by a verified customer. Learn more

I had the same issue with CountryWide initially then BOA when I was employed, now being laid off I have given up, moved out and am letting them forclose...they hired all of those off-shore customer service reps to stall us which precipitated so many Americans losing their homes...so glad "our" stimulus money has gone to help a third world nation...WAY TO GO GUYS!

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NoHelpAtall
Syracuse, US
May 04, 2010 6:59 am EDT
Verified customer This complaint was posted by a verified customer. Learn more

I had the same issue with CountryWide initially then BOA when I was employed, now being laid off I have given up and am letting them forclose...they hired all of those off-shore customer service reps to stall us which precipitated so many Americans losing their homes...so glad "our" stimulus money has gone to help a third world nation...WAY TO GO GUYS!

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maiky66pr
Miami, US
May 05, 2010 11:49 pm EDT

I have been getting the same problems with my loan . When I requested the modification the first thing the Bank did was increase my loan payment for an escrow account on my property Tax. Second they increased my payment another $49 a month for insurance. ( just in case the insurance on the property increases). Now our payment is $450 more than without the modification. It's been over 7 months without any modification. Every time we call we get put on hold, then transfered to another department and put on hold for another 30 min, finally the call drops. It is frustrating and unfair. we believe we are getting the run around. The Gov should get involved. Banks get away with all these things...

M.Valle
Miami FL

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SR Ray
US
May 08, 2010 2:31 am EDT
Verified customer This complaint was posted by a verified customer. Learn more

I have the same complaints as everyone else. where is the government, we are people in need of help. we all pay our taxes and are in this togather. It saddens me that Bank of America/ /countrywide are perpetuating these atrousities on the American People. We deserve better. When the economy went south we all took the hit. We all have learned our lesson and now it is time for everyone to be honest in their deeds, even the institutions BAC/ Countrywide. The bailout monies have been provided, (our tax money). We need help and we need it now! I don't know what to do to bring about the change that's need. Too much talk and not enough action or focus on the real problem, Greed. Lots of it. These are just my thoughts, I am hoping that someone will come forward with the resources to bring the right attention to this issue. What is truly the real meaning of making homes afordable?

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lauralimon
Carson City, US
May 19, 2010 11:07 am EDT
Verified customer This complaint was posted by a verified customer. Learn more

On March 8, 2010 I got a letter from Bank of America confirming the they got all my paperwork. (FOR THE 6 TIME IN 2 YEARS)

I called Bank of America on March 10, 2010; they said I was approved for a modified loan and for me to wait for the underwriter to send my paperwork for me to sign.

Two months later I receive a letter from Bank of America saying I didn’t qualify, because I didn’t make my trial payments on time (back on May of 2009).

I called Bank of America back the same week and they said it was there mistake and that I did make my payment on time. They told me the some one was going to call me for second review and they where going to be able to fix my problem.

I got a call from Bank of America on May 17, 2010:

A supervisor for second review called me. She said I signed paperwork for a modified loan back on 2008; and for the reason I didn’t qualify! I explained to her at that time I was denied too after I signed paperwork and they sent me new paperwork for me to do again.

I said to her Bank of America told me a supervisor was going to call me to fix my problem regarding the mistake they made. She said they transferred my file to the wrong department and for me to call them back for them to send me to the correct department. I called Bank of America back and they told me there is nothing they can do, and that I have to re apply again. This is been going on for 2 year.

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MikeVail
Windsor, US
May 19, 2010 1:01 pm EDT
Verified customer This complaint was posted by a verified customer. Learn more

Bank of America (and all lenders for that matter) is evil and has no intention of closing loan modifications, short sales or deeds in lieu of foreclosure, PERIOD! Anyone reading this beware. If you are attempting to modify your B of A loan, short sale your home or are seeking a deed in lieu of foreclosure, don't bother and stop right now. They will never close the deal, leave you and any potential buyer of your home in the dark and you will lose years off your life over it due to the stress it will, bring to you and your family. The lender doesn't care about you and neither does your government .

After 2 years of suffering through this process and several failed attempts to close short sales of my home, I simply walked away having wasted time and coming full circle repeatedly. I should have done it 2 years ago, and I advise anyone reading this to find another home and leave your old one to rot. I have not met one person who was successful in completing any of the above processes. NOT ONE!

Lastly, vote everyone currently currently in Congress out of office and get rid of these socialist, rich democrats that are spending your hard-earned money by making banks rich on the banks of the middle-class Americans. If you vote another incumbent back into office, you're a fool! These people don't care about us, so elect a Tea party candidate who is just as sick of this [censor] as you are and lets stop this madness once and for all. I will join any class-action suit again B of A. Just send me the info!

Mike Vail - Taxpayer
Windsor, Calfornia

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BLC4law
US
May 19, 2010 5:39 pm EDT
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My wife and I have been attempting to refinance with Countrywide (now BOA) since February of 2008, when we received letter after letter from the company urging us to refinance immediately and "exploit the equity" in our home in the process. They first assured us that we qualified for refinancing of an ARM that had doubled our mortgage payments, and told us we need only pay an "administrative" fee of $400 or so. Part of that was to be used to pay for an appraisal -- of course, by an appraiser selected by Countrywide. After the appraisal, CW refused to disclose the results and even the appraiser himself hung up on us when we asked for the appraised amount of our home. (I have since learned that there is a class action against CW by an appraisal company which says that CW manipulates appraisals by cherry-picking the appraiser to give them the valuation that they want on any given property... surprise, surprise) They sent us refinancing paperwork which included a pre-completed application that contained inaccurate information, for instance, stating that my income was much more than I had ever represented. When I complained about the false information in the application and refused to sign it, CW then refused to communicate with me at all about the refinancing.

Then, lo and behold, I receive a "loan modification" agreement from CW. This is quite a good scam, too. The loan modification would serve to reduce our monthly payments by zero -- in other words, it was entirely illusory. In order to get this "benefit", all we had to do was sign papers that included a paragraph whereby we agreed to release CW from any wrongdoing in connection with our refinancing effort. We also would have to agree that CW could "replace" any missing or destroyed documents pertaining to our account. What a deal! No thanks.

We also were told, as so many others have been, to defer our payments during the refinancing process. We continued to wait for some word about the initial refinancing effort (not realizing that we had been denied, though Countrywide claims that it sent us a letter to that effect; I have since learned that Countrywide manufactures letters that it never sent, even in a court of law).

By Fall of 2008, we were desperate for information, for relief, and contacted a state Senator who tried to intervene. By that time, we were dealing with BOA. The result of that intervention? Countrywide supposedly "investigated" the situation, sent us a letter that basically said we were wrong about everything, they were right, and we were out of luck. Our only hope was to resubmit our information again and start the process all over. In March of 2009, we faxed everything in again. We were told that we would have a "decision" within 90 days. A couple of months ago, with our savings now nearly exhausted, I contacted BOA and was told that they had "no update" on our application, although it remains "active" -- whatever the heck that is supposed to mean.

Be sure and check out recent lawsuits filed in California and Washington against BOA over this refinancing scam. And if you have suffered a similar situation, feel free to write to me. I am fast reaching the point at which I will have no alternative but to file a lawsuit to try to save us. Waiting on the federal government to help is like those poor folks who waited on aid to arrive when Hurricane Katrina was destroying New Orleans -- too little, too late. My email: BLC4law@aol.com

God bless everyone out there dealing with this terrible, fraudulent mess.

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steve3060
Knoxville, US
Jun 01, 2010 8:25 pm EDT
Verified customer This complaint was posted by a verified customer. Learn more

I am also in the same boat, I entered an agreement and paid each and every payment as the temporary payments were reported to be and Bank of America accepted my payments and on April 22 2010 it was reported I turned down the offer made by BAC. BAC never made an offer nor can they produce this offer that was supposedly made. The appealed this on my behalf and it was found my appeal to be valid but then again on May 25 2010 it was reported I declined the offer again. Once again no offer was ever produced or turned down again. I called again and they say they will appeal this again and speed up this process. I have been promised phone calls in return but never a return call and BAC does not give a care. It seems what they are doing is forcing people into Bankruptcy and do not want to work with there clients.

I lost my job and 2 months later I got cancer and for this to take place I think this is criminal and I intend to do something about it. How does BAC get away with this fraudulant activity? The federal government bails them out and this is how they reward the tax paying citizens.

I will not let this one rest until we get this matter resolved. On top of all that they have also reported me behind 3 payments on my credit and that is a lie also.

Steve

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Adriana Ortiz
San Antonio, US
Jun 07, 2010 12:28 pm EDT
Verified customer This complaint was posted by a verified customer. Learn more

It has been over a year since we first applied for the Making Home Affordable program and we still do not have a clear answer to our application. Bank of America (hereto, the Bank or BOA) suggested we call every three weeks to check on the status of our case, we call three times a week and we are still getting nowhere. In addition, every time we call we hear different stories about our account. First we were told that our application was declined. The next thing we heard was that it was still being reviewed. Then it was just a mistake they made. This goes on and on for as long as you are willing to listen to them. The last thing we received was a “Letter of Intent”, informing us of a foreclosure on our property as soon as June 18, 2010. We have nothing in writing stating that our good record of making trial period payments will prevent our account from going into foreclosure.

We were advised to begin making trial period payment of $1, 085 starting October 1, 2009, for a period of three (3) months. Even though we never received any letter stating the decline of our application, nor the reason for the decline, we continued to make the trial period payments as per BOA’s suggestion. In the mean time we keep falling behind our regular monthly payment, which is the reason for the Letter of Intent.

Since BOA does not allow any FAIR AND REASONABLE communication with us when we request information, i.e., a decision maker/ negotiator or an explanation for their business practice, I decided to document my latest communications with the Bank. Following are some of my conversations with the Bank for the last two (2) months.

• May 12, 2010, spoke to Scott Higgins, apparently my negotiator at that time. Mr. Higgins claims he is not my negotiator, but after hearing my frustration, decided to help me.

• May 13, 2010, contacted Ryan Clubb, as per Mr. Higgins suggestion. Mr. Clubb leads me to believe he has “escalated my account” by simply going over my income & expenses and by requesting documents I have faxed numerous times to the same fax number. He said, “You have been prequalified for the Attorney General program. If you want to learn more about the program you can go online.”

• May 18, 2010, I receive a “Letter of Intent”, in Spanish. Now, I understand Spanish, but I am not at all familiar with the special terms in the letter. I called the Bank and they tell me that as long as my documents are faxed in (referring to the fax requested by Mr. Clubbs), that I did not have to worry about it. Of course none of this was in writing.

• May 20, 2010, my documents are nowhere to be found and since they cannot be located, I faxed them twice. That must have been the 20th time faxing the documents.

• May 27, 2010, I called Sandra Andrews, as per Mr. Higgin’s suggestion. She said, “I don’t understand why they are sending you a Letter of Intent, there must be some mistake. You have been making the trial period payments. There is no reason why you should worry about this letter.” Again, nothing in writing except the Letter of Intent itself; that I have in writing.

• May 27, 2010. I called the Bank and ask for my negotiator. I am told that Vermelle Minor is my new assigned negotiator.

• May 28, 2010, called the Bank and spoke with Katrina (would not release her last name just her extension: 9789). I tried to get Mrs. Minor on the phone. Katrina gets on the phone with Mrs. Minor, but Mrs. Minor says "I don't know why the client wants to speak
to me when I am not the negotiator", she told Ms. Katrina to tell me.

Ms. Katrina moves on to say, “Our records indicate that Scott Higgins is your negotiator.” I told her about the many times I had spoken to Mr. Higgins and he had made it clear he was not my negotiator. I then asked for Ms. Katrina’s supervisor. She told me his name was Mohammad but he was too busy to get on the phone. She said he would assign a negotiator for me on Monday. That would have been Monday, May 31, 2010.

• June 7, 2010, spoke to Richard at 10:05am. Richard said, “No negotiator has been assigned to you yet.” I asked for an explanation. He said, “some times there is no need for a negotiator.” I asked him for a decision maker on my application and he said that Fanny Mae was the final decision maker on my application. I asked for a decision maker on the side of the Bank and he insisted that it would be Fanny Mae and that it was not possible for me to talk to anybody there. Now, I am really confused!

• I asked to be transferred over to Mr. Mohammand Abdallah, since he had promised to assign a negotiator to my account. Mr. Richard agreed and I got July Garcia on the line (June 7, 2010@ 10:17am). Mrs. Garcia spent a great deal of time going over my delinquent account, over how I had been making payments only since Nov. 2010, and a whole bunch of discrepancies that only show the Bank’s inability to keep an accurate system.

Add to this a list of numerous emails and letters I have sent to the Bank in an effort to obtain a reasonable response on this issue. This is NOT standard business practice. There has to be at least one standard for lending that was not adhered to this Bank’s unacceptable practice.

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Janine L. Peterson
Charle, US
Jul 05, 2010 10:20 am EDT

Countrywide/Bank of America has put my family and I through the last year and a half with nothing but extreme stress, anxiety and chaos.

It is an absolute outrage that Bank of America has been allowed to cause such widespread panic to thousands of families across the country. I don’t think this is what President Obama had in mind when he offered aide to help us “stay in our homes”. I have been personally affected by the careless mismanagement of their recent Home Loan Modification Plan. I too, like many others started out with the encouraging news from Countrywide in January of 2009 that there was a new home mortgage assistance program implemented. The beginning of the recession was starting to affect our small business and I wanted to be on top of the situation. I went to the meeting the first week of January, filled out all of the necessary paperwork, gave them copies of my tax forms and all pertinent information. I was told they would get back to me.

In February 2009 I received a letter from Countrywide stating that they must deny my request at this time because they did not have proof of income, pay stubs, monthly expenses, or my tax returns. When I explained to them that all of these items were given to them at the meeting in January, I was told someone would look into the situation and be calling me.

Several weeks later I was directed to The Homeowner Resource Center and was given a caseworker named Timothy to handle my file. He informed me that they could not find my information so I resubmitted all pertinent information. He promised everything looked in order and that I should get an answer back soon.

In March 2009 I received another letter from Countrywide denying my request for assistance due to the following reason; Borrower financials do not support modification, I had no idea what the problem was and no further information was available. I also found out at that same time that Countrywide was being taken over by Bank of America and I felt the whole process was being manipulated due to the takeover. I sent a fax to Timothy and explained my concern that my file was being disregarded due to the confusion. I never heard back from Timothy. When I called for him a few weeks later he was no longer there, but they said they would have someone call me.

In June 2009 I received a letter from the Homeowner Resource Center stating that due to internal restructuring my file had been re-assigned to Team #2. They also included in this letter, “We kindly ask that you refrain from contacting our office and staff unless you have information or documents to add to your file. However if you have not been contacted within 15 business days of receiving this letter, please notify us immediately. I called after the 15 business days and was informed the Center was no longer working on my case. The recession at this point was hitting its hardest for our business and we were hurting financially, I had hoped to have the extra burden of this loan assistance behind us by now….it had been six months since I originally filed.

I continued to struggle to make our usual payments. In November, 2009 I received a package from BOA with paperwork to fill out for the “Home Affordable Modification Trial Period”. Finally there was Hope, I immediately sent them back all of the paperwork including the hardship affidavit and financial statements.

On December 2, 2009 I received another package with coupons that were for the for three month trial period. I had no idea what the trial period payment amount was based on but made the payments each month for five months. In May 2009 I received a letter from BOA stating that I did not qualify for the program. There was no reason given. I called the number on the letter and asked to have it resubmitted due to the fact that I paid all of the payments according to the trial period and beyond and that I didn’t understand why I had been denied. I was told to send in my current financials again, which I did immediately. I was told that my file would be resubmitted.

On July 3, 2010 I received another letter informing me that once again my loan was not eligible for modification. Needless to say the 4th of July was a somber one, for once again we are in fear of losing a house that we have lived in for fourteen years. After reading all of the countless complaints it is obvious that something needs to be done to stop this, someone needs to be able to help us. Spending a year and a half in constant fear and anxiety is wrong, a few months of lowering our house payment only to find out now that there really isn’t any help available is not help at all.

If anyone hears of anything, please contact me @ janinepeterson@rocketmail.com.

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Jamaylaboss
Jeffersonville, US
Aug 05, 2010 2:41 pm EDT
Verified customer This complaint was posted by a verified customer. Learn more

Hello my fellow American's. I am also a Countrywide (servicer) Bank of America (servicer) customer. Wait until you get a lode of this. But first let me tell you that I am the wife of a 20 year U.S. Army disabled Vet, and what my husband has done in the Army doesn't compare to the battle we have had with/ Countrywide/New Century/back to Countrywide as servicer, and now they are Unable to Determine who holds the Mortgage. Desutche Bank is bringing foreclosure about since August 2006. We went on a modification then, and now Bank of America and Countrywide, and Desutche Bank, do not know where the modification is. Another lost document claimed. I think losing documents is a very useful solution for these theives. Oh, I have not made a payment of $1765.75 since May of 2007 when Countrywide returned my payment by saying I was in default.
The $1765.75 was my modification payment for 12 months, when I got to the 9th month, they said I was in default of the modification. The foreclosure would resume. After 3 attorney's, and 2 others saying that they wouldn't touch this with a ten foot pole, I am now back to doing everything myself. But it seems that I get better results when I do my own research, then when we pay the attorney's. Anyway, it is true what the Ohio Congresswoman said "become squatter's in your own homes". People tell you to tell the banks to Produce the Note. If, you have a forensic audit done on your loan, you will find that all these loans from 2000 to 2009, had some type of Fraud, or Tila or Respa Violations. When Countrywide Flipped us out of our original loan, the broker forged all of the Appraisal pictures right down to the comps. He even has Countrywide trying to foreclose on a home they don't even have. We live in a 3 Bedroom 2 bath ranch, and Countrywide has the appraisal of a 2 story 5 bedroom, 3 bath, even in another city other then the one our house is in. Countrywide was paid off for the first loan by New Century Mortgage, at $10k over the original loan, and they assigned the Mortgage to Desutche Bank, who made Countrywide the servicer. But, Desutche Bank was the Trustee who was holding the note that was sold to who knows who, somewhere in China I think, Through Morgan Stanley Pass thru certificates. Man, they were covering their tracks so well, that they even lost where all these loans went. So, as I said, they robbed a whole nation, Our Country, if anyone would like to see what a bundle of Loans looks like, just e-mail; I have the Pooling Agreement that says that Countrywide/BankofAmerica is just the servicer. They can not and I repeat Can Not, make a decision about your loan.

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Robert Navy
US
Sep 07, 2010 6:32 pm EDT
Verified customer This complaint was posted by a verified customer. Learn more

I am currently behind on my mortgage payments and have been trying to get help from Bank of America for about 7 months to try and just have the amount arreared to be put at the end of my mortgage and start from scratch. I have the ability to pay the monthly payments and alittle more money if I have to too get my account back to good standing. I have been told once I was approved for assistance and then was told Bank Of America tried to contact me on several occasions and they left messages for me to return their call. I have not received any messages from them. The longer I wait the more in trouble I get. I am in foreclosure and all I can think of doing is file for bankruptcy and then still no guarantee I will be able to keep my home. I am not asking for them to change anything with the monthly payment I am not asking them to change my percentage I just want the chance to start over fresh. I have no one to blame for falling in the rears except me. I am just asking for some help to make up for the mess I started. Please if anyone can help me I would greatly appreciate it. Thank you Robert K.

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john
none, US
Sep 07, 2010 7:17 pm EDT
Verified customer This complaint was posted by a verified customer. Learn more

Smoking gun evidence that BofA might have planned the whole thing. Story being reported at piggybankblog.com

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Carlton45
Olympia Fields, US
Sep 30, 2010 10:44 pm EDT

Please just tell me whom we can complain to in the US Gov't or how can we get these problems resolved. I have been in the BOA Making Homes Affordable program since Jan 2010 under a 3 month trail period that ended March 2010. After that I called, and they said to keep making my payments and I did. I then recieved another packet for another 3 month trail period with higher payments. I called the rep and said how can this be. My payments increased by 233.00 dollars, and my income never changed. So far I am 10 months into the trail, and if I don't get this resolved by late Oct I will just get out this program. It seems they let you get so far into the hole that you can't come up, and eventually loose your home.

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ritterdog
Riverside, US
Oct 13, 2010 10:55 pm EDT

I was enrolled in the Make Homes Affordable Program and began my "3 month trial" as of 3/1/2010. I turned in EVERY piece of documentation they required. At the end of that time, I had to call and ask what I was supposed to do since I had not heard from B of A. Someone said "just keep making your payments and you will get something in the mail." For months they kept asking for more documents that had NOTHING to do with my 3 month trial, B of A just was taking so long that they needed updated information. I made all 3 of my payments and gave them all the paperwork that was required. I soon began receiving phone calls and letters wanting more information, all the while getting NO information. I spent HOURS on the phone for months getting all sorts of different answers. I would get undated letters to call people and extensions that do not exist. I would get sent to "the Office of the President" every time and they would say, "you aren't supposed to be here" and then transfer me once more. Then I get a letter stating I am "kicked out" of the MHA program because I DID NOT SEND ALL DOCUMENTS REQUESTED! I DID send all documents, but they waited months and needed even more. When I called to "appeal" my removal from the program, the man said he could not find ANY of my paperwork! ONE HOUR LATER, he started seeing my documents online but said he was missing some so could not file an appeal on my behalf and there was NOTHING he could do. I asked for a supervisor and she did give me her extension, but I have not been able to get her to call me back after I left her a message regarding ANOTHER letter I got which was undated and said I had to turn in paperwork to a Jo Lewis and to call Jo Lewis at this particular number. When I called there was NO ONE by that name whatsoever and I got transferred around to a lady who said she could not help me, did not know where that letter came from or who Jo Lewis is. That UNDATED letter either came on Sat Oct 2, or Mon Oct 4 or Tues Oct 5 and said I HAD to fax the items listed by 4 OCT or the file would be closed (I was out of town the 2-5) When I told the supervisor that, her response was "It is not our fault you were out of town" (!) I am incredulous as to the impossible hoops I have to jump all the while, they have no intention of helping me. I just get the run-around. HELP!

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