Coincidence or Dirty Trick?

[InaBind]

I'm trying to discern if I'm the victim of circumstance and an uncoperative banker or something worse.

We were accepted into the Making Home Affordable program for a rate much less than our current rate.

We were told to wait for documents and to send them in. We got a partial voice mail earlier this month saying to expect a package via FedEx but none arrived.

After a week had passed we called BoA and we were told to make our first payment over the phone at the new price and then call another number to have the documents resent.

Several calls later we got the FedEx tracking number. FedEx did not attempt to deliver the pacakge and wrote "invalid address" and sent the documents back to BoA. The funny thing is that the address was correct. We have recieved many pacakages from FedEx and even one from BoA in March that made it here with no issues.

No big deal right? We'll just ask them to either reprint or resend the same documents. After speaking to many different operators it was made clear that BoA could not resend the documents because the documents would expire in 13 days and they are not allowed to send documents that are within 15 days of expriation. We have all our documents and could turn everything around within a day. But this is BoA policy and their managers just don't have any authority to violate BoA policy, which apprently is one step removed from an act of God.

It now gets worse. We were also told that since we "did not accept" the Making Home Affordable offer that we can no longer apply for it. We now must reapply for a DIFFERENT program with potentially a much higher payment and since it will take up to 70 days from now, it may not be completed before we get a foreclosure summons.

Needless to say we were never provided with the opportunity to accept the offer, as no one could deliver the documents within BoA's policy window, but it will be processed as if we denied the offer none the less.

So all this has me wondering.....is it just bad luck that FedEx could not find our address and BoA is being uncoperative? Or are circumstances being manipulated to deny us into the "Obama plan" because it may not have been as profitable to BoA as other scenarios.

Would be very curious if anyone has heard of any simluar situtations.

Thanks!

[Evan Bedard]

Hi Inabind,


Sounds like there was a huge mistake with Fedex. You keep calling and talking to managers/supervisors and see if there is anyway they can fax the paperwork over for you to sign and fax back... Or has the 13 days already expired?

[InaBind]

The offer the paperwork is based on expires 13 days from today. In a normal good faith scenario, you'd expect the parties to work together to try to salvage the deadline.

If they overnighted the documents now (or even better, when they were returned by FedEx) we would probably have the final docs in BoA's hands with 5 or more days to spare.

We spoke to over a half-dozen BOA clerks and managers today and all of them hid behind the BoA policy as the reason that they could not send either new or the original documents.

I mean would it kill them to try?

[CW California]

Perhaps you could email the Office of the President with this ridiculous senario. Barbara.j.desoer@bankofamerica.com

[Moe Bedard]

Yeah and send Barbara a Qualified Written Request via certified mail or fed ex. This BS happens all the darn time.

You can read more here on the QWR Qualified Written Request | Home Loan Forum - LoanSafe.org

[CW California]

Originally Posted by Moe Bedard

Yeah and send Barbara a Qualified Written Request via certified mail or fed ex. This BS happens all the darn time.

You can read more here on the QWR Qualified Written Request | Home Loan Forum - LoanSafe.org

Moe, BofA never stops messing with people. First CW, now BofA SSDD.

[Mr.Smith]

InaBind, Thank you for sharing that valuable information. It’s amazing that they actually work on all kinds of ways to trick people. I remember when I missed first payment in September 2008; I told them if they can do quick foreclosure, now it’s taking them forever to foreclose.

[ama125]

I'm not sure if this will help you out or not, but I've been getting the run around myself with BofA (my husband's income changed from the time we first applied for the Home Affordable Modification Program and were intially deemed ineligible because they could not update our income in the computer system). I complained to my HUD counselor and she emailed me the information below.... I actually sent an email 2 weeks ago to the address listed (not with a complaint but rather some general questions). I got a reply to contact my lender with my questions. However, I do not know when this announcement came out (before or after I had sent my email). Nonetheless, it may be worth it in your situation to email your complaints. I would also suggest contacting your local HUD office for assistance. I had my HUD counselor submit our request that BofA review our case a second time in lieu of the fact that my husband got a raise and this would change our eligibility. I just checked my loan information online and low and behold, a new workout letter has already been processed only 3 days after the HUD office contacted them. Best of luck!

Treasury Dept Creates Email Address for Complaints on Servicers Working in Making Home Affordable>>
Posted by Julie St. Jean>>
The US Treasury Department has created an email account for counselors and consumers to email complaints about servicers within the Making Home Affordable Program.
This email address, support@hmpadmin.com, is available now. PLEASE NOTE: if you are having difficulty with a servicer and would like report it, you must include the following information in the email:
- Name of representative with whom you spoke
- Phone number you called to contact servicer
- Specific information on what the representative told you and what you originally asked them
- Your name and contact information
Treasury wants to ensure accurate information is given out to counselors and borrowers, this information will help them in their efforts.