Old 07-27-2009, 06:48 PM   #1 (permalink)
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Loan mod stranded at BofA when they sold the NOTE.

I have a strange situation where I returned the mod package on time with the required documentation, they verified the documents as being okay, then I got a notice that BofA was selling the underlying NOTE to Litton (Litton is just about the king of the heap for being difficult).

I called BofA before the note sale was to complete, I was ASSURED that the mod would be put in place, then that the paperwork was just needing to catch up, then than Litton would honor it. BLAH, BLAH, BLAH, (misslead & LIED to). Numerous times of being on the phone. I don't gamble but I would have had better chances with a one-armed bandit (slot machine). Apparently, at the time of my call when I had gotten that letter infoming me they were transferring the note, BoA had already stranded the mod package.

MOD just was STRANDED at BofA!!! ??????

Even with Litton the supposed note 'owner', BofA personnel had been claiming that everything was still on for the mod. Only some of them took note of when the papers were verified as 'Complete' on April 9, 2009 vs the note sale completing on May 1 and said that was not enough time. Some said the note should not have been sold while being modifed. Some of the managers at BofA now claim they did nothing wrong. They NEVER EVER indicated that the mod was not taking place until AFTER Litton was the owner for more than a month. That was only by PHONE. THEY NEVER EVEN HAD THE CURTESCY TO CALL. They never supplied a reason where they could cite something that was specified per the modification document itself. That doc stipulated a step-rate loan with arrearages added to the prinicpal. Oh, about the only out that mod doc gave them was stuff they had verified: returned in time AND income proof supplied. GRRRRRRRRR.

There seems to be no working with Litton. I already tried. I'm in the RED if you add my original morg + Heloc + just the property taxes. Insurance?, that is futher into the red. And I'm talking off my GROSS income. I've seen where others have gotten their 'form letter' from litton that says you make enough to pay the mortgage. I know exactly what it says since I have my PERSONAL copy of the blasted thing. Litton sure must have paid extra for the special calculators they use.

Anyway, I'm better off if this note gets crammed back at BofA to rejoin the mod. I'd like to see that happen with a 'poison pill' clause where the could never sell the note to Litton again or if Litton does end up as note owner again via some 3rd party, that there is a heefty chunk of principal that is immediately forgiven, maybe about 1/4 the principal. It probably would not be legal. But what THEY have done SMELLS and the STENCH is pretty bad.


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Old 08-09-2009, 06:06 AM   #2 (permalink)
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Re: Loan mod stranded at BofA when they sold the NOTE.

Hi so-cal-gal,
I know you've been posting about your case all over the forum and wanted to post this article just for you. I know from what I've read that your mod was not with the HAMP, but I am not sure if this affects your case against them or not. In any case, just wanted to give you a heads up...
Litton Loan Servicing Signs Treasury Agreement for Federal Loan Modification Program
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Old 08-09-2009, 07:24 AM   #3 (permalink)
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Re: Loan mod stranded at BofA when they sold the NOTE.

Quote:
Originally Posted by ama125 View Post
Hi so-cal-gal,
I know you've been posting about your case all over the forum and wanted to post this article just for you. I know from what I've read that your mod was not with the HAMP, but I am not sure if this affects your case against them or not. In any case, just wanted to give you a heads up...
Litton Loan Servicing Signs Treasury Agreement for Federal Loan Modification Program

You do realize that most (if not ALL) Litton loans are actually owned by private investors and that to get a new mod approved now that it is likely owned by a private investor requires APPROVAL of the mod by that investor? Mine smells of a little bit of collusion between BofA and a private investor. You think he is going to allow a mod after trying his best to get ahold of the note before the mod processing was completed within BofA? Yeah, I'm asserting some collusion and fraud is probable on the part of that investor. The timing stinks of it.

I've found out that of the CA Attorney General's CW settlement, the mods that were offered under it, are now being 'rejected' without cause by BofA. BofA is already in the process of SETTLING with at least one of those people. (Does that give anyone a HINT that those contracts can not be disregarded, once offered by the lender and accepted by the Borrower?) BofA allows some of these mods without effort but word is leaking out that there are thousands of these 'abandoned agreements'. They are actually BREACHED agreements they are shirking WITHOUT CAUSE. That is BREACH OF CONTRACT!

Litton lipservice to HAMP will not be of any use to me. Litton is also subject to the new laws governing filing of a NOD here in California. Did they follow even ONE sentence of the changed law? NO.

Litton has had my attorney's first letter in hand for 2 weeks yet they called ME on Saturday and have not tried to call the attorney. When I told the person (SHOCK A PERSON, NOT THE AUTO-DIALED RECORDING!) they needed to talk to my attorney, they told me he should call Litton. We've tried. A maze of the answering system, then the call was disconnected, several times in a row.

I know you mean well and I'm coming across as a grump. It is just that Litton and BofA LIE. I have been lied to outright by Litton. Another guy has lost his house already thanks to the SAME lie. They even lied to him about giving him more time before the sale. The poor guy is dying of cancer. Don't believe anything from Litton unless it is in writing. Now the corrollary to that regarding BofA, YOU MAY HAVE TO SUE TO GET BofA to adhere to what they put in writing with you and WHAT THEY PUT IN WRITING WITH THE CALIFORNIA ATTORNEY GENERAL!

BofA has allowed some of these mods to go thru BUT word is trikling out that there are thousands of these CONTRACTS that they are shirking WITHOUT CAUSE. That is BREACH OF CONTRACT! People in here were harping on the need for BofA to sign. If they are not guilty of Breach of contract, then they are in trouble with RESPA and truth in lending because they stop the implementation WITHOUT CAUSE and WITHOUT NOTIFICATION!

If it was the APPLICATION for a loan or a modification APPLICATION, it would be DIFFERENT. But these are the MODIFICATION CONTRACTS they are ignoring.

I wonder how much it would take for 'Uncle Jerry' Brown to have a little chat with BofA over the subject of the CW SETTLEMENT and now the CW 'abandoned' mods?
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Old 08-09-2009, 07:52 AM   #4 (permalink)
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Re: Loan mod stranded at BofA when they sold the NOTE.

I dont know if we can count on "Uncle Jerry" for anything. As for B of A, they are aggressively changing terms of their credit cards on unknowing consumers before new legislation starts. My interest rate just jumped from 12% to 30% without notice. This is highway robbery and the abuse doesnt stop their. The only thing that will stop these lenders from such abuse is massive lawsuits. Good luck So-Cal-gal in holding them accountable. That is amazing (well not so amazing) that they called you directly when you are represented by an attorney! I really dont think that is legal then again they do what they want apparently. It sure is getting brutal out there and I am not so sure how much the american people are gonna take it anymore.
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Old 08-09-2009, 10:52 AM   #5 (permalink)
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Re: Loan mod stranded at BofA when they sold the NOTE.

Thanks for the support Snapple Candy.

I sure do believe that it is a breach of ethics if not law to contact me directly when they have had this much time to take note of the first letter from the attorney.

I believe you are going to have to bring the credit card issue into the public eye. BofA, is now going the route of CW in their disgusting lack of any hint of ETHICS. The lack of providing notice seems to be a common theme with BofA these days. They have decided to ignore some major federal laws like TRUTH IN LENDING.

I know on the CW issue, they are running afoul of FRAUD charges. Turns out there is even the 'racketeering' term that can be thrown in too. In the cases like mine, I believe it will get collusion added due to the sale of the note to the private investor. (Yeah, the note was said to be transferred to Litton but they commonly claim to 'own' notes that are actually held by private investors and only SERVICED by Litton. So, if litton REALLY owns this note, just do a mental edit in the following paragraphs, and replace the 'private investor' with 'Litton employee'.)

Then with Litton, there is the aspect that they are quite possibly representing a 'dirty' private investor and are also breaking at least STATE level laws. Has Litton been instructed by that investor to hasten the foreclosure process, regardless of the risk, even disregarding newly-enacted state laws that ABSOLUTELY DO APPLY but require more steps prior to file of any NOD? That investor may have even received stolen data from a CW employee who is KNOWN to have accessed mortgage files and SOLD the data. Now why access all of that data and not just simply the identity information that was also accessed?

Hmm, Litton, if not involved directly in collusion may have borrowed trouble with representing this investor. Are they an accessory to that investor's actions? Timing-wise, collusion looks quite likely. I know there is the question of proving it, but this would be CIVIL suit, not criminal trial. The time-line and the selection of which notes CW/BofA sold just prior to the mod completion (when employees say NO TRANSFER SHOULD HAVE been allowed to HAPPEN) along with other numerous details could not help their situation.

There is starting to be rumor on the web that BofA, due to the unethical decisions and actions, will fall victim to it's own actions and go DOWN just like CountryWide before it. At least one law firm otherwise here in CA is looking at going after CW/BofA already.

I say good riddance as long as the ones that are making these decisions are PUT OUT OF WORK PERMANENTLY. Let them get a job cleaning toilets at a gas station, bar or strip club. I would not want them anywhere around a place that prepares food. I'd be afraid they would poison the food if they worked in a restaurant, given their total lack of ETHICS!

As for what the american people will take, I've talked with some other moderates and there is a belief forming that the current administration is trying to get the typical american to change their definition of the 'american dream' of individual home ownership to acceptance of only being renters with large corporations or the government owning most housing.

I'm not counting on 'Uncle Jerry' to fix the broken promise and BREACH of HIS SETTLEMENT AGREEMENT. But the state DOES intend to monitor compliance AND there is a COMPLAINT process available. I can also independently sue for that breach. I don't see why I'd need 'Uncle Jerry' to have to be the one claiming they breached that agreement. My note is one that qualifies as one of those subject to the settlement, the mod conforms to those that were to be offered, the only way it does not comply is THEIR BREACH of implementing the mod they offered after I accepted. That is pretty black and white. That might be the simplest part of all this mess.

If nothing else, that assertion of breach of settlement put out for the news media is not going to help BofA stock prices.
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Old 08-09-2009, 12:23 PM   #6 (permalink)
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Re: Loan mod stranded at BofA when they sold the NOTE.

A further note on whether the AG will put pressure on BofA: I already found information about at least one other STATE that did pressure BofA to abide by the CW SETTLEMENT.

Word is just slowly getting posted on the internet of the other cases where people refused to be bamboozled by CW/BofA and fought back. I think the case I found was in Michigan.

It seems most of these cases are getting posted on other sites, not here.

Searching elsewhere, well it did not take long for me to find two cases, one of which has prepared a class action suit.

And, of course I know of another local case like mine also (that one is NOT on the web).

We all may benefit from this being aired by the media.

Look at the logic: BofA is refusing to implement mods that do not even have any criteria to pass other than prompt return of the package with notarized signature and some accepted form of income verification to be able to pay the reduced amount. These are Mods that CW put on OFFER and were ACCEPTED by the borrower. They did not originate with some outside organization or individual, the CONTRACTS ORIGINATED with CW per the CA AG SETTLEMENT AGREEMENT.

Now if BofA can not abide by and implement THOSE CONTRACTS, then what chance to the REST of you have of being one of the 10 percent that actually get a BofA mod, passing all of BofA's everchanging criteria? Of the group that actually SHOULD qualify the national statistics show only 10 percent are getting 'approved'. Once approved, there can still be problems, especially with BofA.
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Old 09-17-2009, 06:06 PM   #7 (permalink)
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Re: Loan mod stranded at BofA when they sold the NOTE.

I am in SD as well and BOA ..say my loan is already modified and should reflect online by end of september. THey are even offering to modify it further to bring the payments down under a new obama plan.

I will call again tommorow and find out the status.
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Old 09-17-2009, 06:12 PM   #8 (permalink)
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Re: Loan mod stranded at BofA when they sold the NOTE.

I just checked online ..and the loan now reflects the updated monthly payments and amounts.

Still they show a due amount of the payments missed..even though they bumped my mortgage amount - need to call and get ti corrected.



Update:

I just checked online ..and the loan now reflects the updated monthly payments and amounts.

Still they show a due amount of the payments missed..even though they bumped my mortgage amount - need to call and get ti corrected.
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