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  1. #1
    Senior Member gray555's Avatar
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    Exclamation DENIED DOJ Principal Reduction Modification because housing expenses considered affordable

    On Monday we received a letter from our B of A "personal rep" thanking us for submitting all the required financial information and telling us our info would be reviewed and we would hear back within 30 days ... THREE DAYS later (yesterday) we get a letter from our B of A "personal rep" indicating that "we are unable to offer you a modficiation because your current monthly housing expense, which includes your loan's monthly principal and interest payments, plus property taxes, hazard insurance, and hoemowner's dues (if any), are considered to be affordable under this program."

    Go back a few weeks ... our B of A rep called to say that we were qualified under this program and would be pulled from the regular B of A modification program so she could submit us to the DOJ program. She told me that I would get a denial letter for the regular program and that they would let us know that we were being put into the DOJ program. (Never received this letter). At the same time she told us that I would receive a letter from the DOJ indicating they were reviewing our case for the DOJ program (Never received a letter from anyone other than our B of A rep - the letters noted above, first to say we were being submitted to the program, and the second letter (three days later) saying we didn't qualify). The B of A rep also indicated that we would know before her whether or not we qualified for the program because the DOJ would contact us directly and she would receive the information after me. However, the DENIAL LETTER came from her - the B OF A REP!!!!!!!!!!!!!!!!!!!!!!

    We have been going through this process, like everyone else for the last couple of years. Our loan is approximately $600,000 - our payments over $2800, and the approximate value of our home based on Zillow.com is $272,000. We were so excited about the principal reduction possibility ... now this ...

    Not even sure where to go from here ... there denial letter suggests we apply for a short sale or deed in lieu of foreclosure program with them. WE WANT TO KEEP OUR HOME! Why don't they get this?

    We do make "decent" money, we are NOT rich. We live paycheck to paycheck and make it stretch the best we can. Yes, it would make sense to walk away and start over - but we're not trying to do that -- we are trying to make the effort to work this out ... why are they so STUBBORN!

    I did not get any other information as to the denial .... no numbers, no percentages, no NPV ... nothing ... just what I put above. Any suggestions on where to go from here? PLEASE RESPOND ASAP AS I AM TRYING TO CALL THE B OF A REP THIS MORNING ... ANY INFORMATION/SUGGESTIONS APPRECIATED! THANKS EVERYONE!

  2. #2
    LoanSafe Guide Evan Bedard's Avatar
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    Do you happen to know who the investor of your loan is? Also according to the DOJ guidelines from BofA your mortgage payment (including principal, interest, property taxes, hazard insurance, and HOA dues) must exceed 25% of your gross monthly income to qualify. Here is more information about the settlement from BofA:

    Modification, Refinance, and Short Sale Program Enhancements | Bank of America

    Among other criteria:



    • customers must be at least 60 days delinquent as of January 31, 2012 as well as at the time the loan is evaluated for a principal reduction modification.
    • customers who owe more on their mortgage than the value of their home.
    • customers must have a contractual monthly payment for principal, interest, property taxes, hazard insurance and any applicable homeowner association fees totaling more than 25 percent of gross household income.
    • customers must have a loan owned by Bank of America or a loan held by a mortgage investor that has delegated authority to Bank of America.
    Keep Fighting!

    Evan Bedard
    LoanSafe.org Support Team

    The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.

  3. #3
    Senior Member gray555's Avatar
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    I believe our payment is just under that ... so we are a couple percent from qualifying for this program. That is heartbreaking ...

    What I don't understand is how they include "bonuses" as income since it is so subjective. If they did not include my husband's quarterly bonuses, which have decreased this year, and will most likely decrease in the coming year, we would definitely qualify.

    Is there any way to exclude bonuses as part of our gross income?

  4. #4
    LoanSafe Guide Evan Bedard's Avatar
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    What I don't understand is how they include "bonuses" as income since it is so subjective. If they did not include my husband's quarterly bonuses, which have decreased this year, and will most likely decrease in the coming year, we would definitely qualify.

    Is there any way to exclude bonuses as part of our gross income?
    That is a good question, when is the last time your husband has received a bonus?
    Keep Fighting!

    Evan Bedard
    LoanSafe.org Support Team

    The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.

  5. #5
    Senior Member gray555's Avatar
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    In April. The amount and dates vary every time. They are not guaranteed. There is no tier program to project what they will be, it is entirely up to the owner of the company and he determines when and how much. He has received them for the past three years, so I guess they could average them for the past three years, but again, this year is expected to be significantly less than last year and previous years, their company is feeling the impact of the economy like everyone else. Just not sure how to reflect this in financials if they are only using tax returns ... only thing I can think of is hopefully we can reapply after December (assuming they don't start foreclosure procedures before then). I ran the numbers based on last year's gross income on our tax returns. We are $608 over per month in income in order to qualify at the 25% rate (under HAMP Tier 2) or our payment is $50 less than the amount we would need to qualify based on our income. I am including Principal, Interest, Taxes, Hazard Insurance, PMI Insurance and HOA Fees. Based on our year to date income, we would qualify, if they were to only base it on this year's paystubs. Just not sure how to even fight this or appeal the denial. Maybe just reapply in a few months?????????????

  6. #6
    Mortgage Wars Cat Damiano's Avatar
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    Unfortunately, PMI isn't calculated into the percentage, only Principal, Interest, Taxes, Insurance (hazard), and HOA dues.

    Under the guidelines;

    The monthly mortgage payment used in calculating any monthly mortgage payment ratio in either HAMP Tier 1 or HAMP Tier 2 includes the monthly payment of principal, interest, property taxes, hazard insurance, flood insurance, condominium association fees and homeowner’s association fees, as applicable, regardless of whether these expenses are included in the borrower’s current mortgage payment. It also includes any escrow payment shortage amounts that are subject to a repayment plan. The monthly mortgage payment does not include mortgage insurance premium payments or payments due to holders of subordinate liens.
    Best Regards,

    Cat Damiano
    LoanSafe.org Moderator

    The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.

  7. #7
    Member playamendoza's Avatar
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    Quote Originally Posted by gray555 View Post
    On Monday we received a letter from our B of A "personal rep" thanking us for submitting all the required financial information and telling us our info would be reviewed and we would hear back within 30 days ... THREE DAYS later (yesterday) we get a letter from our B of A "personal rep" indicating that "we are unable to offer you a modficiation because your current monthly housing expense, which includes your loan's monthly principal and interest payments, plus property taxes, hazard insurance, and hoemowner's dues (if any), are considered to be affordable under this program."

    Go back a few weeks ... our B of A rep called to say that we were qualified under this program and would be pulled from the regular B of A modification program so she could submit us to the DOJ program. She told me that I would get a denial letter for the regular program and that they would let us know that we were being put into the DOJ program. (Never received this letter). At the same time she told us that I would receive a letter from the DOJ indicating they were reviewing our case for the DOJ program (Never received a letter from anyone other than our B of A rep - the letters noted above, first to say we were being submitted to the program, and the second letter (three days later) saying we didn't qualify). The B of A rep also indicated that we would know before her whether or not we qualified for the program because the DOJ would contact us directly and she would receive the information after me. However, the DENIAL LETTER came from her - the B OF A REP!!!!!!!!!!!!!!!!!!!!!!

    We have been going through this process, like everyone else for the last couple of years. Our loan is approximately $600,000 - our payments over $2800, and the approximate value of our home based on Zillow.com is $272,000. We were so excited about the principal reduction possibility ... now this ...

    Not even sure where to go from here ... there denial letter suggests we apply for a short sale or deed in lieu of foreclosure program with them. WE WANT TO KEEP OUR HOME! Why don't they get this?

    We do make "decent" money, we are NOT rich. We live paycheck to paycheck and make it stretch the best we can. Yes, it would make sense to walk away and start over - but we're not trying to do that -- we are trying to make the effort to work this out ... why are they so STUBBORN!

    I did not get any other information as to the denial .... no numbers, no percentages, no NPV ... nothing ... just what I put above. Any suggestions on where to go from here? PLEASE RESPOND ASAP AS I AM TRYING TO CALL THE B OF A REP THIS MORNING ... ANY INFORMATION/SUGGESTIONS APPRECIATED! THANKS EVERYONE!
    We also have been denied twice for a loan modification. The first time we weredenied because our house expenses were not over the 31% of our gross income. The second time because our loan was “affordable”. In both instances the bank never gave us their figures. Our mortgage payments, property taxes and home owner insurance are 27.9 % of our gross. During the whole time our contact person was telling us we would qualify for a modification. We are still current but under water.Our mortgage is 290K and the FMV of our home is 185K. Our mortgage is conventional. Bofa is the servicer and Wells Fargo is the investor. We were also denied for the DOJ because the investor and the servicer are not the same. The office of the CA Attorney General backed the banks when we filed a complaint because banks are using the fine print clause to circunvent the spirit of the settlement.

  8. #8
    Senior Member gray555's Avatar
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    Quote Originally Posted by playamendoza View Post
    We also have been denied twice for a loan modification. The first time we weredenied because our house expenses were not over the 31% of our gross income. The second time because our loan was “affordable”. In both instances the bank never gave us their figures. Our mortgage payments, property taxes and home owner insurance are 27.9 % of our gross. During the whole time our contact person was telling us we would qualify for a modification. We are still current but under water.Our mortgage is 290K and the FMV of our home is 185K. Our mortgage is conventional. Bofa is the servicer and Wells Fargo is the investor. We were also denied for the DOJ because the investor and the servicer are not the same. The office of the CA Attorney General backed the banks when we filed a complaint because banks are using the fine print clause to circunvent the spirit of the settlement.
    We are not sure what to - do we reapply and hope for an in house mod since we were denied for the doj mod?

  9. #9
    Senior Member Preparingfordefault's Avatar
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    Just curious what are your BofA reps initials? She sounds like mine and I'm dying to know if anyone on this board is dealing with the same rep as me...

  10. #10
    Senior Member Preparingfordefault's Avatar
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    Gray555,

    I read most of the settlement docs today and it seems you have only 30 days to appeal from date of denial letter. I would definitely appeal ASAP with an explanation on the bonuses.

    Funny, when I applied for a mortgage and when I re-fi'd they would ONLY use my base salary to determine approval as they said bonuses or commission could not be counted as income .... now they are throwing everything in when it really shouldn't be.... I can't wait til this is behind every person on this board...

  11. #11
    Senior Member freedomwon's Avatar
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    Funny, when I applied for a mortgage and when I re-fi'd they would ONLY use my base salary to determine approval as they said bonuses or commission could not be counted as income ....
    You bring an excellent point to light. It seems the bank will do whatever works to their advantage at the time. Sure doesn't seem right.

    Gray555 - If that was the case for you, be certain to "shed some light" on that in your appeal. And be sure that the OCC & your state AG gets a copy of your appeal letter as well.
    AS THE HAMPSTER WHEEL TURNS!

  12. #12
    Senior Member Preparingfordefault's Avatar
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    Just a quick note I was referring specifically to the DOJ Settlement docs.... it was a 300 page document and I only got to about page 200 but it clearly stated that if a customer is denied that they have only 30 days to appeal the denial and if I understood correctly, it has to be a separate team that reviews the appeals and reason for appeal. They seem to be trying to make sure enough eyes are involved so as nothing is missed.

  13. #13
    Senior Member gray555's Avatar
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    Thanks everyone - we are going to appeal - I really think they are doing whatever works to their advantage only - no surprises here - mr reps initials are S.T. She had even told me we would not hear from her as to final approval or denial but directly from a third party underwriter for the doj. She said I would know before she did as to the outcome so to call her when I got the letter- but my denial letter came from HER! She also told me that in order to put me into review for the doj program they had to close my BofA mod app/file and not to panic when I received that denial letter from BofA, so now it seems like I never even made it to the doj actual review ... I will post an excerpt from the two letters below.

  14. #14
    Senior Member gray555's Avatar
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    on 7/16 I received a letter from her (my rep) on BofA letterhead saying "thank you for beginning the home loan modification process and providing your complete financial information. We are now reviewing your loan for modification options including the new modification program introduced as a result of the US Dept of Justice .... This modification could offer you significant principal reduction and low payments... The evaluation process takes approximately 30 days". TWO days later on 7/18 I receive the following DENIAL letter "we have reviewed your home for eligibility in the new principal forgiveness modification program ... Your home is not eligible for the following reason(s): we are unable to offer you a modification because your current monthly housing expense, which includes your loan's monthly principal and interest payments, plus property taxes, hazard insurance, and homeowners dues (if any) are considered to be affordable under this program. We want to work with you to help you avoid foreclosure. Depending on y,our situation we may have other modification options for you. If you ave already been evaluated for these programs you may have to show a change in your circumstances in order to qualify. If modification is not an option, these other alternatives to foreclosure may be available to you: short sale or deed in lieu of foreclosure. ... We are now returning your loan to normal collection activity, which could include referral to foreclosure and foreclosure sale..."

    So. I have left multiple voicemails for my BofA rep and have received NO return calls or no other letters (the above letters both came fed-x). I am sooooooo confused - is this final denial, is this the letter she said I shouldn't panic about - is anyone receiving any communication from anyone other than their BofA rep/single point of contact. Nothing happened the way she said it would - she told me on the phone we qualified for the program and it was going to underwriting ... What happened? The reason for denial is so generic with no specific details as to our situation and how they came to ths result. There's no mention in the letter as to having 30 days to appeal even though the doj settlement docs/judgment says they are supposed to put in the denial letter thr you have 30 days to appeal and the exact numbers they used to deny you (something about NPV and income). Anyone else in this situation?


    Ps we received mod in 2009 - reduced interest to 3.25 percent, took loan out to 40 years, added all past due payments and fees back into loan balance ($65,000 worth). Current balance is $600,00 zillow value is $272,000 current payments with pmi and hoa is $2900 - prior to mod payments were $5,000 interest only. This was a horrible. Of but all we could do at the time. Now so upside down not sure what to do. Payments are "affordable" according to their letter - but only be ause of this ridiculous mod 2 years ago - will NEVER have equity or be able to sell ... And now we don't qualify for principal reduction because of this crappy previous mod ... Any suggestions?

  15. #15
    Senior Member freedomwon's Avatar
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    gray555 - In a nutshell, your current interest rate is good & your monthly payment is a 42 percent reduction from where it was prior to your modification. This is far more than many folks have gotten. What are you looking to achieve?

    I suspect you want a principal reduction. That is the only way it makes sense for you to stay in your home. It is worth less than half what you owe. As much as you'd like to KEEP YOUR HOME, it does not make financial sense, to throw away 300k unless of course you are fortunate enough to get an extremely large principal reduction.

    I'm so sorry the bank is switching things up on you. The bank will not get any credit or incentive towards their DOJ settlement terms & that's where their efforts are focused right now.

    You've tried to do the right thing just as so many others here that have gone before you.
    AS THE HAMPSTER WHEEL TURNS!

  16. #16
    Senior Member Preparingfordefault's Avatar
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    Seems we have two different reps but they operate in the same way. I had heard that others that were in the mod process prior to DOJ were told the same thing about getting a denial letter but not to be concerned because they were being submitted for the National DOJ Settlement... Please let us know how the appeal goes if you don't mind! Good Luck!!!

  17. #17
    Senior Member Preparingfordefault's Avatar
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    Freedomwon-

    I have to say that part of me has wondered from the beginning who will benefit the most... the folks that applied or got letters right away or those that apply or go into review 2 years from now after saving an addition year or two of payments. I find it difficult to believe that BofA has their facts straight in such a short period of time and that concerns me THOUGH I AM very happy for the folks that got great offers so far we're now seeing some denials roll in. I remain hopeful until I hear otherwise but knowing BofA as we do it just seems that they are moving so fast that attention to detail on criteria may be missed and hurt some deserving folks. I still question if I'm being considered for the DOJ Settlement based on some comments my rep has made and that scares the heck out of me... but now I wait and they have all my docs.

  18. #18
    Senior Member sac42375's Avatar
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    Gray55 are you current on your payments? We received a HAMP Mod offer last summer with a very doable payment, however we denied the offer due to the extended loan term and the 104,000 balloon payment. We were more than 60 days late by the January 31st cutoff date for the DOJ offer and the offer we received is reducing our principal but our interest rate is staying the same as our original loan terms and the payment is actually going to be very similar to the payment offered in the HAMP mod.

  19. #19
    Senior Member freedomwon's Avatar
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    Quote Originally Posted by Preparingfordefault View Post
    Freedomwon-

    I have to say that part of me has wondered from the beginning who will benefit the most... the folks that applied or got letters right away or those that apply or go into review 2 years from now after saving an addition year or two of payments. I find it difficult to believe that BofA has their facts straight in such a short period of time and that concerns me THOUGH I AM very happy for the folks that got great offers so far we're now seeing some denials roll in. I remain hopeful until I hear otherwise but knowing BofA as we do it just seems that they are moving so fast that attention to detail on criteria may be missed and hurt some deserving folks. I still question if I'm being considered for the DOJ Settlement based on some comments my rep has made and that scares the heck out of me... but now I wait and they have all my docs.
    I hear what you're saying. There is something driving BofA to offer so many of these FULL PRINCIPAL FORGIVENESS on the 2nd's. I can't quite put my finger on it, but it does strike me odd. Most especially since the letters folks have received on their 2nds specifically say IT IS AUTOMATIC. They don't have to do anything. So many folks have already left their homes & moved on. I'm suspicious as to what BofA is up to. There must be some HUGE incentive for them to get so many of these done.

    Keep in mind, I'm specifically bringing 2nds into the mix here which I know most of you are talking about getting your 1st modified. But it's very important to look at the whole picture & how BofA's actions affect so many.

    There are a lot of deserving folks out there that have worked long & hard to get mods & I've seen a number of posters on other threads that are fairly new to the forum getting these full principal forgiveness on their 2nds. In all fairness, there are long term posters here as well receiving the same. So, I'm in a "wait & see" mode. Still a bit skeptical though.
    AS THE HAMPSTER WHEEL TURNS!

  20. #20
    Member playamendoza's Avatar
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    Quote Originally Posted by freedomwon View Post
    You bring an excellent point to light. It seems the bank will do whatever works to their advantage at the time. Sure doesn't seem right.

    Gray555 - If that was the case for you, be certain to "shed some light" on that in your appeal. And be sure that the OCC & your state AG gets a copy of your appeal letter as well.
    I received too letters similars to the ones gray55 received. During all the time our BofA rep was telling us we would qualify for a modification due to a hardship (my wife had lost her employment). We submitted all the paper BofA was requiring and what we got was a denial letter saying our loan was affordable. We immediately filed an appeal and our rep was telling us she would back our request. We never received a response. Later in April, we went to a BofA meeting in Ontario CA and the rep. told us the same thing: we have an "affordable loan". When I asked about the DOJ that I had applied before he said we would not qualify because the servicer (BofA) was not the investor (Wells Fargo). Keep in mind that I had applied for a refinance under the DOJ terms back in March and officialy I never received a response. Only the verbal statement the BofA gave us during the meeting in Ontario in April. Calls to Wells Fargo have been futile since they refer us to our servicer. The CA Attorney General office responded the banks are following the terms of the DOJ settlement. On July 2nd our rep. sent us a letter telling us that due to " changes in our status for a loan assistance we were not longer assigned to a single point of contact." Not specifics were provided. Last Friday I called BofA again and I was told our loan has been referred to the DOJ and I have to wait up to 60 days for a response to see if we qualify. Based on what I have seen in this forum I don't know if this is a good news or not. The terms of our loan are as follow: balance 1st conventional mortgage 246K at 5.75%. Servicer BofA investor Wells Fargo. Equity line of Credit with BofA: balance 46.4K at 9%. We are still current with both loans. FMV of our home 185K. Any advice?

    Thanks.

  21. #21
    Senior Member gray555's Avatar
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    Quote Originally Posted by sac42375 View Post
    Gray55 are you current on your payments? We received a HAMP Mod offer last summer with a very doable payment, however we denied the offer due to the extended loan term and the 104,000 balloon payment. We were more than 60 days late by the January 31st cutoff date for the DOJ offer and the offer we received is reducing our principal but our interest rate is staying the same as our original loan terms and the payment is actually going to be very similar to the payment offered in the HAMP mod.
    We stopped paying last November ... I think our problem is we don't meet the 31 percent requirement - our payment is approximately 24 percent of our gross income - if they include my husband's bonuses - I'm trying to get bonuses excluded from our gross income. But since they weren't specific as to what numbers they used I don't know what to appeal. All the letter said was our payments were "affordable".

    We really just want our principal reduced and to keep our home. We owe $600,000 but zillow value is only $272,000. We want to do the right thing but it just doesn't make financial sense to stay without a principal reduction. Are there any in house mods being done with principal reductions outside the doj mods?

  22. #22
    Senior Member sac42375's Avatar
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    Gray55: We felt the same way. We are 226,000 underwater and that doesn't include the 100,000 we put down on the house we bought in 2005. The HAMP payment was doable, but we just couldn't agree to that knowing we had a 104,000 balloon payment after 30 more years of payments. When our house is valued at 190,000! Keep fighting, you never know. I hope you can at least buy several extra months of no payments in appeals.

  23. #23
    Senior Member gray555's Avatar
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    @sac42375
    any info young an give as to where to send appeal? Would appreciate any advice and info as to who all to send appeal to - we are in Arizona

    Thanks so much! We will keep fighting but are so discouraged right now

  24. #24
    Senior Member gray555's Avatar
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    Called my CRM today to try and get exact numbers they used for income because when I run the numbers based on the paystubs we provided and our current payment, our payment is more than 25% of our gross income. She pretty much told me that she would have to call me back because she couldn't get to that screen and her "coach" would have to help her figure that information out. She said I was in the foreclosure process, but a notice had not yet been sent and a date set. I told her I wanted to dispute/appeal the calculation because according to her if you don't qualify for the DOJ program, you won't qualify for anything else because it is the most lienient program available. So basically they are not going to even look at anything else to work with us. She seemed flustered and defensive (not good) ... she tried three times to tell me that I must not be running the numbers right, that it boils down to this: They take your current payment you make and compare it to your gross income and if it is not 25% or more, you are denied. I asked her what they included in the "current payment" amount and she indicated that it is whatever payment you make to BofA. I told her how could that be since my payment included PMI insurance and that I thought it wasn't supposed to be included in the calculation. She said their "program" doesn't take into consideration anything but the total payment you pay BofA, it won't let them add in or take anything out. I asked her about HOA fees, because I thought those were to be included as part of the calculation, she said "no", only the payment you make to BofA, she went over my account and said you pay XXX for principal and interest and XXX to your escrow account for a total payment of XXX, that is the figure we use. Again, I insisted that the DOJ calculation is supposed to include HOA fees and exclude PMI insurance, she said the system doesn't allow for that and that for people who don't have their taxes and insurance included in their escrow, those figures aren't calculated when they run the numbers either (for anyone like this I suggest you check their calculations -- if you're denied). She said she was going to note my dispute/appeal and would have to get back with me with numbers. I asked her if I was required to appeal in writing and she said no, the only person I can appeal to is her and that I did that by phone, that I did not need to send anything in writing. Now even I know that you should NEVER do anything by phone, so I, of course, will be writing my appeal letter tonight, but really need the numbers they used in order to argue the point. I can't believe how different she was on the phone today than the last three times I talked to her (very helpful and excited for me to participate in the program). This time she acted like she could care less and would get back to me when her "coach" had time to get with her to go over the numbers, they are very busy, it's month end and the beginning of the month and everyone is calling in their payments (her exact words) ... UGH .............. where to go from here ...............

  25. #25
    Senior Member freedomwon's Avatar
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    gray555 - I would call back & ask to speak with her supervisor. Sounds like she's in training & doesn't really know what she's talking about. Typical of these temps BofA hires. It's like a revolving door there.

    Ultimately you need to know if your husbands bonus money IS or IS NOT included in their calculations. As you stated over on another thread that may be what's disqualifying you from the program. And Yes, It makes it difficult to appeal when BofA won't even provide you with the accurate data they used to do the calculations. You may want to make a bullet point list of all the calculations your BofA rep is unable to confirm or deny being used in the calculations. At least you cover yourself that way.

    Oh, and send your appeal letter, CMRRR (certified mail registered return receipt). Be sure to send a copy to the OCC & the State AG's office.
    AS THE HAMPSTER WHEEL TURNS!

  26. #26
    Senior Member gray555's Avatar
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    Quote Originally Posted by freedomwon View Post
    gray555 - I would call back & ask to speak with her supervisor. Sounds like she's in training & doesn't really know what she's talking about. Typical of these temps BofA hires. It's like a revolving door there.

    Ultimately you need to know if your husbands bonus money IS or IS NOT included in their calculations. As you stated over on another thread that may be what's disqualifying you from the program. And Yes, It makes it difficult to appeal when BofA won't even provide you with the accurate data they used to do the calculations. You may want to make a bullet point list of all the calculations your BofA rep is unable to confirm or deny being used in the calculations. At least you cover yourself that way.

    Oh, and send your appeal letter, CMRRR (certified mail registered return receipt). Be sure to send a copy to the OCC & the State AG's office.
    Thank you freedomwon.

  27. #27
    Senior Member gray555's Avatar
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    RECEIVED NOTICE OF TRUSTEE'S SALE TWO WEEKS AFTER DENIAL LETTER FROM BofA FOR DOJ MOD PROGRAM

    Yesterday we received our Notice of Trustee's Sale - set for 11/7. I had called and requested the financial information used to deny us for the DOJ modification program, as well as faxed my request to several offices, including emailing a copy to Brian Monihan. I also indicated that I was appealing the denial because my paystubs submitted indicate that I do qualify for the program, however, I needed their figures in order to properly appeal. My CRM, Sherri Titus, was supposed to get with her "coach" to get me these numbers and call me back within a day or two. Well, it has been almost a week and I have heard nothing from her. Along with my foreclosure notice, I received two letters, one dated 7/29 and the other 7/31, indicating to call to see if there are other options, even though I've been referred to the foreclosure review department. Really ... two days later you file a notice of trustee's sale????????

    So I call my CRM and after I put in my loan number I find out I have a NEW CRM -- Lashonda Wilson at the Office of the CEO and President ... what does that mean? I'm still waiting for a response from Ms. Titus ... now I can't even get ahold of her to get the information I requested by phone and in writing!!!!!!!!!

    So what happens with my Appeal? Ms. Titus supposedly noted my account that I was appealing/disputing the denial and was supposed to get back with me.

    So any suggestions on what to do now? We obviously want to keep our home, but can't seem to get that across to anyone. Now they've escalated the sale and ignored the appeal.

    Do I reapply for the DOJ program since I don't agree with their outcome and I don't even know if it was actually submitted to the DOJ program for review, since the only person I have had any contact with or received any letters from is Ms. Titus?

    Please respond with any suggestions ASAP ... also any advice on how to postpone the sale while I try and work with BofA.

  28. #28
    Member achoicys's Avatar
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    Quote Originally Posted by gray555 View Post
    So I call my CRM and after I put in my loan number I find out I have a NEW CRM -- Lashonda Wilson at the Office of the CEO and President ... what does that mean? I'm still waiting for a response from Ms. Titus ... now I can't even get ahold of her to get the information I requested by phone and in writing!!!!!!!!!
    My DOJ Mod was denied in June due to incorrect NPV numbers. I had appealed/disputed the denial. But it was useless. Thanks to this site, I escalated the case to the office of CEO and President. The office of CEO and President assigned a new CRM to start the DOJ mod process again from scratch. I resubmitted docs to the new CRM, who postponed the foreclosure sale date. Whenever my new CRM does not respond to my voice message, I just send an email to the office of CEO (brian.t.moynihan@bankofamerica.com) to complain (I always include the Escalated Service Request Number). Then my new CRM calls me back in an hour or two. The new CRM assigned by the office of CEO and President seems to be in the same state (in my case California). And the office of CEO and President always sends a letter to confirm the receipt of my email. Your old CRM won't respond to your request/call. Good Luck~!

  29. #29
    Senior Member gray555's Avatar
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    Quote Originally Posted by achoicys View Post
    My DOJ Mod was denied in June due to incorrect NPV numbers. I had appealed/disputed the denial. But it was useless. Thanks to this site, I escalated the case to the office of CEO and President. The office of CEO and President assigned a new CRM to start the DOJ mod process again from scratch. I resubmitted docs to the new CRM, who postponed the foreclosure sale date. Whenever my new CRM does not respond to my voice message, I just send an email to the office of CEO (brian.t.moynihan@bankofamerica.com) to complain (I always include the Escalated Service Request Number). Then my new CRM calls me back in an hour or two. The new CRM assigned by the office of CEO and President seems to be in the same state (in my case California). And the office of CEO and President always sends a letter to confirm the receipt of my email. Your old CRM won't respond to your request/call. Good Luck~!
    Where do I get the Escalated Service Request Number? I have not received any mail that includes that information yet. I did get a "read receipt" for my email to Mr. Moynihan, but no letter yet. Do I have to have this number in order to email him again in order to get a response from my new CRM?

    It sounds like a good thing that I got assigned to this new CRM from the President/CEO's office ... right? At least I may be able to resubmit my documents for the DOJ program.

    10 steps backward and hopefully one step forward ... Ugh.

  30. #30
    Member achoicys's Avatar
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    Quote Originally Posted by gray555 View Post
    Where do I get the Escalated Service Request Number? I have not received any mail that includes that information yet. I did get a "read receipt" for my email to Mr. Moynihan, but no letter yet. Do I have to have this number in order to email him again in order to get a response from my new CRM?
    The office of CEO and President will send you a letter with the number in a week. But the number is not required, but I always include the number in the email. If your new CRM does not respond to your call/message, you can send an email to the office of CEO and President (brian.t.moynihan@bankofamerica.com) with the question to ask. The CRM responds in 24 hours.

  31. #31
    Senior Member gray555's Avatar
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    Update ... talked to my new CRM today at the office of the CEO/Pres - she was very nice and went over a lot of information with me. Apparently the original numbers submitted were incorrect - I gave her the current financial information over the phone, after doing so, she indicated that there were a lot of blanks prior to us going over the information. This made a SIGNIFICANT difference in our debt/income ratio.

    Her explanation was that the investor did not believe we were candidates for a modification because our loan payment was affordable based on the numbers they had (which were incorrect as noted above). After inputting the new numbers, it was a DRASTIC change and she said they are reviewing the numbers again. The original numbers showed us with a surplus of over $4,000 per month ... I told her if I had that, I wouldn't be in the situation I am in now. After running the corrected information, the surplus was under $600, which makes a big difference.

    I asked her if I should resubmit a new loan mod package/request and she said no, that it would be best to just go with the re-review of the numbers she took from me today so that it did not cause confusion in the system and start the process all over again, and require me to submit more documentation.

    She said she would check in with me weekly and update me on the status of the re-review.

    One of the things she said that I found interesting was that the investor looks at ALL the numbers, not just your income vs. your house payment, as I was previously told by my original CRM. My original CRM was adamant that they didn't even care about any of the other numbers, that they were strictly looking a the GROSS INCOME V. CURRENT HOUSE PAYMENT, nothing else.

    So, we are under review, once again, she said it would take 2-3 weeks or so. She said she was changing the coding in our file to reflect the current status. I am concerned, however, as we have a November Trustee's sale date. I asked her if she would send me a letter indicating the current status of my account, and she said she didn't have any type of letter she could send me, but would continue to call me every week to update me on the status, or sooner, if she found out anything more.

    Hoping and praying and keeping that hamster wheel going ...

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