The countrywide screw just keeps getting tighter

[MIDSOUTH]

Bought home in 2002 and was told that we could refinance in 2 years for better interest rate. Before 2yrs was up, loan was sold to countrywide. We refinanced with countrywide in 2004 and got a 1 point difference in interest. In Spring 2008, Countrywide increased our payment over $600.00 per month. We had a fixed "normal" mortgage and i thought they had made a mistake. They told me there was an "escrow" problem and I would just have to **** it up. By the summer, we were falling behind and so we went to a lawyer who did the "means" test and promptly told us that we did not qualify for chapter 7--so he filed chapter 13. We began making payments under the plan (about $3500.00 per month). It wasn't long before, we fell behind. For 2 1/2 years, we would fall behind and then somehow scramble and get caught up. During this period, we found out that BOA had taken over the loan and in the Spring of 2011 received a letter from BOA stating that our escrow account had an overage of over 8K and the payment was lowered back to what it was originally. (i.e. $600 less). I requested they return the overage to me, but they refused b/c we were in chapter 13. I then suggested that they apply it to the principle--they said they would have to have the account reviewed and I never heard from them again.

I then started going over the BK papers and saw a copy of the means test the atty had done. After researching into how to do a means test (found one on the BK court website). I saw that our atty had messed up! We should have been in Ch 7 all along. I called the atty and found out that he had left his practice to go be a BK trustee in another state. Before he left though, he got another atty as a partner and that atty converted our 13 to a 7. Now, with a month to go before discharge, I find that BOA is claiming 24 months past due; other secured creditors are also claiming huge past due numbers. Apparently, the BK trustee does not pay the secured creditors first-they pay the creditors over the course of the 5 year plan.

We are kinda screwed. I am worried that BOA will just wait until Feb 2012 and after the case is discharged, will proceed with FC. I contacted them for the first time last Thursday and they suggested that I send in documents to request a modification. They did not advise to request a "certain" type of mod. I never even heard of the mods out there until I came upon this site. I faxed them the docs they requested and called on Friday and was told they had already imaged my docs. So, they have everything they need except for a letter from our atty authorizing them to speak to us regarding the mod. For some reason--that they have not received even though I faxed it myself last Friday. I have re-faxed it today.

[HeavySigh]

Countrywide also told us there was a problem with the escrow and it had to go up $600 a month as well. They said it had something to do with the insurance--but the insurance didn't go up.

You suppose it was a scam? Nah...not Countrywide/BoA...

[MIDSOUTH]

Well, after reading this site obsessively for the past couple of weeks, I sure feel better. I think "freedomwon" is my new hero! But here is what we have decided and accomplished so far:
1. Told the BK atty to allow the 1st BOA and 2nd Greentree to discharge on Monday.

2. After sending 20 page packet of docs on 1/19/11, I Contacted BOA and requested they escalate my case. Was assigned to Account manager (one point of contact) about 4 days later. Talked to her and she requested some more docs (but...she never did request I submit a MRA form--which in my understanding is required in order to take advantage of what little protection HAMP provides during this time period. (i.e. can not foreclose)

3. Went thru the MHA (HOPE) people to find out what docs they suggest I send to BOA and they added a bunch more. Also went thru their budget process (2 1/2 hrs) so I now have a ID with HOPE as well.

4. On 2/2/12, I faxed a 50 page packet (RMA, 4506-T; Dodd Frank Certificate; 2009 & 2010 tax returns; 2 more addtl updated pay stubs; profit/loss statements for business from Oct 11-Jan 2012; utility bill; statement of HOA; and a couple of other minor docs-actually it faxed 2x...oops

5. received a letter on 2/2/12 from BOA stating that they have received my 20 page package and the request for "workout" is under review and will take approx 45 days. Of course, they have not imaged the 50 page packet sent yesterday though--which I think is more detailed and responsive regarding my request for HAMP.

[Cat Damiano]

Just a little fyi, freedomwon is a she, you referred to her as a he in your other post.

[MIDSOUTH]

its funny how you get a picture in your mind of someone and then translate that into writing!

[calgirl67]

Same thing happened to us. We bought a house in CA in 2005 and paid dutifully on time for 4 yrs UNTIL Wells Fargo sent us a $12,000 escrow bill. Yes $12 grand. Of course we couldn't pay it. So they whacked up our payment by $1100 a month.

Our house foreclosed Dec 2011. After 5 mod attempts. Its a joke. They can force you into default and there's really not a lot you can do about it.

[isisis]

I know what you mean. The manner in which people write tends to create an image in our minds to which we instinctively assign a gender.

[MIDSOUTH]

Well, after reading this site obsessively for the past couple of weeks, I sure feel better. I think "freedomwon" is my new hero! But here is what we have decided and accomplished so far:
1. Told the BK atty to allow the 1st BOA and 2nd Greentree to discharge on Monday.

2. After sending 20 page packet of docs on 1/19/11, I Contacted BOA and requested they escalate my case. Was assigned to Account manager (one point of contact) about 4 days later. Talked to her and she requested some more docs (but...she never did request I submit a MRA form--which in my understanding is required in order to take advantage of what little protection HAMP provides during this time period. (i.e. can not foreclose)

3. Went thru the MHA (HOPE) people to find out what docs they suggest I send to BOA and they added a bunch more. Also went thru their budget process (2 1/2 hrs) so I now have a ID with HOPE as well.

4. On 2/2/12, I faxed a 50 page packet (RMA, 4506-T; Dodd Frank Certificate; 2009 & 2010 tax returns; 2 more addtl updated pay stubs; profit/loss statements for business from Oct 11-Jan 2012; utility bill; statement of HOA; and a couple of other minor docs-actually it faxed 2x...oops

5. received a letter on 2/2/12 from BOA stating that they have received my 20 page package and the request for "workout" is under review and will take approx 45 days. Of course, they have not imaged the 50 page packet sent yesterday though--which I think is more detailed and responsive regarding my request for HAMP.

Thought I would give an update:

6. On Friday 2/3/2012 I called and was automatically put thru to my acct manager, A. Rich-left a message regarding whether the 50 page fax had been imaged.

7. On Monday 2/6/2012 she called me back (kinda surprised about that). She stated she needed a couple of items fixed (signatures on hardship letter sent 1/19/12 and actual "days" listed on my profit & loss statements--not just the month and year. I faxed the corrected docs back on 2/6/12 (same day).

8. This morning (2/10/12) I called and was automatically put thru to acct manager A. Rich and she answered. Asked whether the file was complete. She advised that it needed a "final review" before being sent to underwriter. I asked whether she would be the one to conduct the final review? She said she could do the "final review" and may be able to get to it today--if so, she would call me today to let me know if complete. If not, I should give it 7 days and then call to make sure.

Been researching the CWAB my loan is in. Just like alot of people have found, Countrywide filed the prospectus & PSA in July 2003 and by January 2004 they filed a Form 15d (which is their request to not be required to file with the SEC anymore b/c the "holders" i.e. investors fell below 300). What was interesting is that the number of investors they listed was "4" left. Yes...I said 4 investors...for about 1290 loans originally in the CWAB--totaling about $277,000,000.00.

Another interesting note about the docs they did file before the Jan 2004 request not to file anymore, was that they claimed originally that all the loans were current...but the very first reporting month after creating the CWAB, they showed loans that were 60 and 90 days late. hmmmm...how can that be? Also, there would be loans (about 20 per month) just disappear--no late; no foreclosure, no bankruptcy..nothing/ no explanation..just gone. By the time they filed an amended prospectus in Aug 2004,(which was also the last filing for this CWAB) the CWAB had 919 loans left in it-1 year after creation.

Also found where Countrywide filed a supplement to their prospectus in Aug 2004, where Countrywide Securities became the "principal" for the CWAB

[tiredofbofabs]

Oh my, you have been through the ringer with the Bk and everything. It seems B o A is taking care of you so that's good. Obviously although you just applied for your first mod, you are not a newbie and seem well versed in what is going on and what you need to do. . Ok I admit I didn't understand most of what you were talking about but I will research everything I don't understand and hope you will help guide me. I am so impressed with all the knowledge around here. Wow!

[tiredofbofabs]

I'm so sorry to hear your story. I know there are so many stories that are just heartbreaking and it's hard to read. There is comfort in numbers through and that you are not the only one.

[tiredofbofabs]

I'm sorry to hear that, does your loan require an impound account for hazard insurance, or did they just impose it on you? but $600.. more per month for hazard insurance is high? Did you get an explanation of the costs?
Please let me know, I hate things like that, discions are made for you by the person who would benefit the most.
Countrywide did the same thing to me every year, and imposeimpoundes for hazard insurance. Every year they were wrong and it would take months to straighten out but at least it did get straightened out. I had a contact person and a direct telephone number to help me.
My payments would increase about $200.00 per month for coverage of about $500,000.00 but it only covered the structure, nothing inside the home or personal property. At least it had the highest premiums of any insurance company and provided the least amount of benefits. Do you want to bet your insurance company is somehow affiliated with your favorite bank? As long as there's not a conflict of interest between the company picking the insurance company and the insurance company.

[tiredofbofabs]

I'm so sorry to hear that. It's so hard especially when you feel it wasn't a fair fight. The big bully doesn't care how much he/she hurt you.

We can only hope at some point, the Banks pay for all the harm they are doing. It's heartless, rules are broken, and the way it 's handled is horrible. Some wrongs can't ever be righted ( sorry for the grammer, I think it's a saying)

Please let me know how you are doing? Again, so sorry things like that made you lose your home.

[isisis]

Hi Midsouth,

You might want to check over on the thread Is Bank of New York Mellon Trustee for certificate holders of your Loan?
There's some info for CWABS trusts including the BNY investor website where yoyu can check on things. Interesting what you found out about just four investors left. Was that in the prospectus on Secinfo? I think almost all the trusts stopped reporting and some speculate they no longer even exist. I wonder if the loans you saw disappear could have been because they never were really in the trust. I understand they appeared to be considerably over collateralized at first because loans were placed in more than one pool.

The whole issue with the trusts is the biggest mystery in this to me both in terms of what really happened and in terms of how the banks expected to get away with it. In my case as in many people's my loan was assigned to a REMIC after I was in default which is against IRS REMIC rules, NY trust laws and the trust's governing agreements. There is even a little bit of case law coming out at last supporting the fact that that can't happen.
Right now I have a Validation of Debt letter that Bofa has given an initial response to that deals with that issue and they claim they are investigating it further, in other words they are seeing what they can safely say in response without committing themselves and their litigation department down the line.

Complicating matters to some extent for my investigation are two factors: my CWABS 2006 SD2 is a private deal that is now owned by Wilmington trust so the only way to find anything out is through discovery if I take them to court and the other is my loan originated five years earlier than the creation of the trust it's allegedly in.

Fortunately I like mysterys not that I expect to get very far in solving this one.

[tiredofbofabs]

I got great news this morning. B OF A CALLED ME AT 8:00 A.M. TO TELL ME MY SALE DATE WAS POSTPONED UNTIL APRIL 2ND, AND MY LOAN MODIFICATION REQUEST WAS BEING REVIEWED BY UNDERWRITTING[ That was the first time in almost three years that I got good news, or any news from them. I don't have much faith that we will get a modification but I'm this is huge for me, they actually did something. That foreclosure rep rocked! She not only returned my calls but called me daily even if she didn't have news.
and they didn't wait until 24 hours or less from the sale date and I canceled the bankruptcy that was going to filed today. It's a Miracle.
Thanks to everyone here who gave advise, and let me know I was not alone in this nightmare. I'm not sure I could have made it through the last few days without it.

Ahhh, I can breath for the first time in weeks! I have can look at other options and look for a job!. ..

[isisis]

Hi Tiredofbofasbs,

Congratulations, I'm happy for you. I've gotten a few reprieves myself in the process and know what you mean about being able to breath.

This forum really is valuable for those of us going through this. It seems to bring out the best in people, helping each other while we're all feeling uncertain and without anywhere else to turn for answers in the midst of this mess the banks created.

Sounds like you lucked out with your contact person, mine will not return the dozens of calls I've made.
Whatever you do don't become too trusting. Keep educating yourself about the legal issues involved and what your rights are. Make a back up plan, actually make a few with numbered steps. As good as it feels getting hopeful news it feels even worse proportionally getting bad news and then panic or a sort of paralysis sets in just when you need to be clear headed to fight back. Being prepared really helps and there are many things that can be done to stop a foreclosure no matter what the bank tells you.

[MIDSOUTH]

Hi there Isisis

I found the number of investors left in the CWABS on the Form 15d. I was surprised that it was there frankly.

I have been working on getting all of my old correspondence from/to countrywide for the past 10 years. Our home was new when we allegedly bought it (haha) and I have found the original loan number that countrywide gave us when they began "servicing" the note in 2002. Then for some reason, we got another loan number from them and that is the number that BOA is using currently. I want to find out whether the original loan number was securitized prior to the change in loan numbers to the current one. The reason I believe it was is because when I go to the MERS site and put in the property address, the only thing that comes up is the current loan number with BOA as the servicer and BONY as the investor. When I go to the SEC website and put the info in and find our "current" loan number it only goes back to Aug 2003 but we purchased the property in FEB 2002 with CH MORTGAGE (they "sold" it to CW a couple of months later to-CW) as the originator and "countrywide" as the investor....my gut tells me that CW would never have kept this loan without securitizing it for over a year--it was just too greedy to hold on to it.

Thanks for the link, I'll check it out!

TIREDOFBOFABS

congratulations! Maybe we both will hear something as the same time

[isisis]

Sounds like you and I are very similar trails, Midsouth. I was wondering why your loan trust was a different number than your origination date. Everyone else I've seen has had a date within 90 days. I agree that it's hard to imagine greedy CW hanging on to a loan especially as I understand the pools were created, were funded prior to origination. This opens up another interesting can of worms in that the bank never loaned the money and was only lending its name to the transaction. That leaves the issue open to TILA violations for lack of disclosure and allows usury to come into play without a banker's exemptions. A thread discussing that is

Securitized Loans, TILA Rescission Extension & Usury

But back to the trusts, like you I suspect my loan was in another trust initially, corresponding 2001 origination date. I've tried to find it on Secinfo but couldn't see an area where there were loan numbers associated with likely trusts.
It's also unclear to me whether loans can be transferred to other trusts although I've run across references to "substitutions" indicating it’s a possibility.
Any pointers you have on navigating the Secinfo site i.e., where the loan numbers are listed would be vastly appreciated. You said "When I go to the SEC website and put the info in and find our current number," could you elaborate?

Ultimately I keep hoping to run across some way or someone who knows how to track the money down and can show insurance money that was paid to the trusts to cover defaulted loans or tax credits given. I think in many cases the trusts were paid off and then dissolved and only exist now as a sort of front allowing the banks to foreclose on properties they never owned.

[MIDSOUTH]

Hi Isisis

Well, the problem that i am having is that i originally found that the investor for the "current" loan number is BONY-M by looking at MERS. When I first went to MERS in Jan 2012, there was an "inactive" file and and "active" file for the property address. I didn't understand the implications of that at the time..when I go back now, there is no listing for "inactive" file. Someone is changing/ deleting history and stuff on the MERS website.

so, my problem is that it is not conclusive that BONY-M was the trustee for my original account number. Although, the original note was entered into with CH Mortgage (the builder's mortgage company) and the investor was "countrywide"--i still have no info on who the trustee was...only that CW seems to have like using BONY.

Anyhow, when you go to the SEC site, do a search for "companies". (using their system called EDGAR) the name if your company is the trust name. For isntance, the trust my loan number is in is called CWABS 2003-4...so i just did a search for CWABS...and up pops all of these CWABS...then look for the numerical part of your trust...click on that and look for the prospectus/ pooling servicing agreement and then look for form 15d. Save those and then go and start clicking on all of the filings for your trust. Hope this helps!

[MIDSOUTH]

Isisis,

Hey, I mistyped in a prior post---i found the loan number listing on the BONY website and not on the SEC sorry about that!

[TomEason]

tiredofbofabs

Congratulations on the postponement. I know what it's like getting BOA to postpone a TS.

You've been fortunate to find a good rep who cares; they're few and far between.

[isisis]

Thanks, Midsouth. I was wondering why I couldn't find a form 15d on the SEC site. I can't access my trust on the BNY site because it's a private deal.
Some of us were just talking about starting a thread for the CW trusts. I hope you join in if/when we do.

[MIDSOUTH]

isisis,

Yeah, that is something I would be interested. I believe that the true answers as to why the banksters are making it so difficult to track down loan info and securitization stuff is b/c of what consumers would learn about their loans! Securitization, coupled with MERS created (in my opinion) a perfect foil for wrongdoing. (i.e. difficult for a regular consumer to figure out-therefore the wrongdoing continues). Listening to members of our congress talking about this, made me realize that NO ONE really undertands any of this stuff--with the exception of the banksters.

[tiredofbofabs]

IN TYPICAL B OF A STYLE, THE ONE GOOD REP I TALKED TO IN 3 YEARS IS GONE!! SOMEONE LEFT A MESSAGE TODAY TO SAY SHE IS MY NEW CONTACT PERSON. SHE HAD THE SAME DISINTERESTED AND BORED TONE IN HER VOICE. IM AUTOMATICALLY PUT TO HER VOICE MAIL WHEN I PUT MY LOAN NUMBER IN.
I have no hope that B of A will even consider a loan modification for us. I said, I didnt beleive they would do anything but deep down I had hope. THE LAST CONVERSATION WITH THE GOOD REP WAS WHEN SHE CALLED ABOUT EXTENDING THE SALES DATE, AND CONFIRMED MY LOAN MODIFICATION PAPERWORK WAS COMPLETE, REVIEWED BY HER AND THE PROCESSOR AND WAS ON THE WAY TO UNDERWRITING FOR A REQUEST FOR A TRIAL LOAN MOD. THEY COULDN'T SELL THE HOUSE IF IT WAS IN MODIFICATION MODE. I'M FEEL SICK....WHEN I TOLD MY HUSBAND ALL OF THAT LAST WEEK, HE TOLD ME TO GET IT IN WRITING, I TOLD HIM , " NO , DON'T WORRY, THIS PERSON IS DIFFERENT, SHE WOULDN'T LIKE ABOUT SOMETHING LIKE THAT". I NEVER EVEN REQUESTED ANYTHING IN WRITING FROM HER.
I can hear it all now, the new rep will tell me, "they don't have all the paperwork for the loan mod", "no its not in underwriting and not in modification mode" , along with the "I don't see any notiations of any conversations with you regarding your paperwork. IT'S OVER, I'M DONE! I KNEW SOMETHING WOULD GO WRONG.
I also beleived that the good rep wanted to tell me somehting about my file, it was in the way she would exagerate certain words, like "BELIEVE ME WHEN I TELL YOU, BANK OF AMERICA IS GOING TO DO SOMETHING FOR YOU" and other key words she would say. I thought that during our first converations, I wanted to know what every happened to my loan modificaiton, she read aloud to me the last notiations was march 2011, they did not receive our paperwork. I told her that between March and June 2011 I had been working with the CEO office and the last letter from them was JUne 2011, they requested for the 5 time in 3 months additional paperwork for the loan mod. i sent it the next day, and never heard from them again....not a decline, or another request, not a christmas card, just a notice of default in Oct. She stopped reading aloud but i could tell she was still reading my file, suddenly changed the subject as if to cover soething and convinced me to apply for a loan modification right then and she would make sure it was handled. she gave me her word. It is probably my imaginations, hope is making me hear things. I had a number of conversations and she alway seemed to want to tell me something. oh well, if there was something wrong, any type of violations, it was caught and b of a did what b of a now does with all files that could hurt them, throw away any indication, paper the file.

I'm so upset, I don't know what to do.

[tiredofbofabs]

I think everyone here know what I mean when I say, losing our homes is a terrible experience, we never thought it would happen to us, it would be tough enough but I FEEL LIKE I 'M BEING EMOTIONALLY ABUSED. BY B OF A, I'LL NEVER GET OVER IT, ILL NEVER BE NORMAL AGAIN. Under normal circumstances losing your home, or being on the verge of that would be an horrible experience. but this is a never ending nightmare.
I'm sure everyone is just like me, we are not irresponsible people, we pay our obligations, we're not flakes, something awful must have happened for us not to pay our mortgage. It' not a position we ever thought we would be in but something did happen and it was life altering. that would be bad but I cna only speak for myself when I say, Id get over it somehow. but the hell that bank and i'm sure all of the big banks but honestly, b of a has to be the worse, maybe it's because of oh, i don't know, there are no excuses for them. they are the worse, it must be their policy to wear us down so we don't have the strenght to fight them and they win. I've heard it from them on different lawsuit issues and it the reason they don't care about lawsuits, they will wear anyone down. they have the power and attorney and THEY CAN GET AWAY WITH ANYTHING THEY WANT. THEY ARE UNTOUCHABLE, so they bully, they lie, they make you thing you are going crazy and slowly widdle you down until you feel so low and exhausted you let them win.

I wish I could say, I'm just upset now but that's not it, i'm upset all the time when I talk to thing about everything they have put us through in the last few years. and yes, i'm aware that I'm not the good guy in this situaiton either, at some point I stopped paying my mortgage, it doesn't matter the circumstances. I'm not the hero here, they know it, I know it ,so they kick you to the curb, and once you are in the ground, kick you again.
I may be wrong, but I'm hurting myself, well, my husband and son too, but they are beating up so many people, leaving them bruised and broken, they are doing illegal, unethical things and getting away with it. In my life I have never seen anything like this.
I guess I need someone to commiserate with people who have gone through the same thing. It's impossible to talk to someone who has not been through this, no one would believe you.

[TomEason]

Hi tiredofbofabs

I'm so sorry to hear that good rep is no longer employed.

As you know, this happens frequently. Why would an intelligent and competent worker want to continue to work for BOA? He/she has the potential to be hired by a better employer at a higher wage?

The turnover at the loan servicers is quite high, and there are many temp and contract workers. Those workers are not only the first to voluntarily leave, but also the first to be laid off and/or dismissed.

I agree with you that BOA is the worst loan servicer to deal with. I can only hope that most of us will have the tenacity to continue the fight, and refuse to succumb their wearying onslaught.

You have lots of support on these boards, and we are with you. Hang in there; you can do this!

[hibiscus]

I'LL NEVER GET OVER IT, ILL NEVER BE NORMAL AGAIN.

THEY CAN GET AWAY WITH ANYTHING THEY WANT. THEY ARE UNTOUCHABLE, so they bully, they lie, they make you thing you are going crazy and slowly widdle you down until you feel so low and exhausted you let them win.

I wish I could say, I'm just upset now but that's not it, i'm upset all the time

I may be wrong, but I'm hurting myself, well, my husband and son too, but they are beating up so many people, leaving them bruised and broken, they are doing illegal, unethical things and getting away with it. In my life I have never seen anything like this.

I guess I need someone to commiserate with people who have gone through the same thing. It's impossible to talk to someone who has not been through this, no one would believe you.

Hello tiredofbofabs,

I just wanted to send you a hug and tell you that everthing you are feeling is validated. And when you need to let it out and purge yourself of the toxin force fed by the banks, continue to do so. When I read your blog, I felt you were a ghost writer for me; as I am sure many do.

In this battle we need to remember that the dis-ease caused by the situation brought on by the fraud and greed perpetrated by these servicers is a double edged sword; we need to keep in mind that our bodies absorb the negative feelings that consume us and can manifest as disease.

So, while I believe we must fight back until the end and that transparency will come. We need to be mindful not to allow ourselves to exchange one thing for the other. Without your health any material thing is not worth it.

The bible says we will be victorious "in" our trials, and once we have come out of them (because the Lord will deliver us out) - (Psalm 34:17) we won't smell like smoke! (Daniel 3:23-27)

Your not alone. There are many wonderful people here that stand in unity with you amidst their own trials. Which is a beautiful testimony that humanity exists and we're never alone in this.

Fondly,

Hibiscus

[tiredofbofabs]

Thank you so much for the kind words. It's hard going through this and harder feeling alone in this mess. I really think the good rep was let go. or fired. she sounded like she enjoyed her job. She believed B of A was trying to do everything possible for homeowners in trouble. I knew better and told her, they were going to disappoint her. I wasnt going to bring this up in a public forum, but B of A is also my former employee. Ironically, I started my career there many years ago. Frankly, they were not a great employer then. I did however get the best training as an underwriter that I would ever recieve and used it for the base of everything I did for the next 20 years. I continued working with them over the years and they were a decent bank. Then something went terribly wrong, and the bank doesn't resemble what it once was. I went back in 2010 for a contract position but my real motivation was to find out what was going on with my loan modification. It was by far the worse work experience of my life . I found out first hand that they had no intention of doing my loan mod or anyone elsees. There were so many things I found out they were doing that were far to easy for me to find out, it was open common practice. I dont' want to go into it but it was appauling, I walked away never wanting to go back to the only industry I worked in my adult life. It's why I 'm in trouble now, I couldn't go back to an industry I didn't understand or respect anymore. II used to say, I'd rather go broke then work in an industry that was doing what I considered "dirty", not just uneithical but illegal. I said, I'd rather be able to sleep at night then do what I knew was wrong. . The fact is, I haven't slept at night since then, and being a martr without a job is just stupid. . As someone with over 20 years in the Mortgage indusrty, I knew what they were doing and they were screwing me,. if I was getting screwed I couldn't imagine the amount of people out there that didn't know they were getting screwed. I fought, I fought every month, week and at times every day. I just kept thinking everything would turn out alright. I was right , they were wrong, right always prevails. I must have lived a blessed life if I'm just finding out it doesn't matter. Thinking you are right, using principles was probably an excuse. Maybe, tough times had hit and I wasn't as strong as I thought. I just had not been challenged.
I know once we lose this house, my life will never be the same. My biggest fear is every day for the rest of my life, I'll miss this house. My husband and son will resent me for the rest of their lives. My credit and career ruined because I was right?
I still will fight until it's over because I don't know what else to do. As I type the last sentance, I feel hope coming back with the thought that maybe with the help of this site... maybe I'll win.

[TomEason]

Hi tiredofbofabs

Thanks so much for posting that expose. Although quite alarming, the fact that it comes from an ex insider like yourself imparts to it much credibility and gravitas.

I consider this a very valuable contribution. It speaks volumes about your personal integrity. Please know that we Loansafe members are here to support and help you get through and prevail in this fight.

[tiredofbofabs]

Thank you Tom. It meand alot to me to know i have support here ill meed it and want to share what i know with everyone. Im not sure it will be thst helpful since most people here are at the end of their loans. Anything else
I realize will not be as helpful because no one wants to open that can of worms. It will just be a setback in the economy It may be one of those things that after the dust settles may be dealt with.
I spoke to my new contact person and it was what I expected and more
She is not knowledgable about Loan modification and I didn't dare ask her about foreclosures. The first thing She told me was that my request for Loan modification needed updated financials. (if only u had a dollar for each time I heard that one). I asked her updated since last week?. No response. She wanted me to know
She is my only contact person but in Florida , her hours are 8am to 4:30 pm eastern standard time so shes 3 hours ahead sge is mot allowed to call me before 8:00 am my time 11 hers she takes a hour lunch anyehere between 12 to 2 pm her time 9 to 11 my time and goes home for the day 1:30 pm my time she takes two breaks during the day do another 30 minutes not available. That gives me roughly 4hours a day that she's available to me. Makes b of a sense. Why give me someone in the same time zone less then 20 miles when I can get someone across the country.
By the way. Later in the conversation after going thru her hours. I wanted to know about the complete package with current financials and everything else in the package from last week She did find the financial information in my file. She could not find them earlier because she is only allowed to view one page at a time and not allowed to jump forward. I almost laughed that sounds about right for b of a. She also had less authority then the other rep plus I realize b of a gives limited access to employees on what they can and cannot see on the computers. WHY? TO make it more difficult for consumers to get straight answers and not wanting their employees to know too much?? If my contact person had not even read my file why was she asking me for updated financials? Is that just the standard request to make like making me gives address monthly payment amout an lskcial security number?

Once again , makes you want to go "huh"? It's just crazy enough to be policy for bank of America I know I am bitter and hold a grudge but seriously a bank of that size playing games with the very people wok keep them in business.... Their customers? . Just tell the
Truth pkay fair train your employees knowledge will help them advance in this world. Something I know they don't want Stop playing high power emotional warfare just tell me you want the property and I wi never get a Loan modification. It's not necessary to humiliate and make me feel like an idiot or crazy. Pretending to help when I have a sales date in less then a month away is never going to make the bank look customer friendly.
Anyway, they never stop amazing me. Always living up to my lowest expectation

[isisis]

Hi Tiredofbofasbs,

I know how you feel, lots of us do. But it's not over and you're not done though it can certainly seem abusive, actually it is abusive. You just have to fight back because they want you to roll over and let them take your house. Fighting back means learning all sorts of things about the process but you're in the right place because that's what those of us here have done and are doing and we're happy to let know know what we've learned.
This forum is very supportive and there are people here with a combination of knowledge and understanding that it would be hard to find anywhere else.
Hang in there!

[tiredofbofabs]

I am grateful for this forum and the wonderful people on here. I love that
So many of you have fought and learned so much about the process and support. Each other with knowledge. It's the only way to fight back.
I was so impressed when I found this site. I thought most of you were attorneys. While I wanted to talk to a real estate lawyer I didn't have the money and as they say over "stand in line". They will do everything to delay any lawsuits and have thekney and power to do that.
The fact that do many here dud such extensive research amazed me. I thought I'd put in my time but was not as productive. Waiting on hold writing letters. Doing what little real research I could.but didn't know the wealth of information that Was available Nrlievr it ot not i ead much angrier the forst few years I think when i finally decidrd to stop making my mortgage payments that i didnt have the right to protrest snd it ddmy make anu difference ehat happemed

You guyd are incredible and every story ive read os heartbreaking.

[isisis]

Hello tiredofbofabs,

I just wanted to send you a hug and tell you that everthing you are feeling is validated. And when you need to let it out and purge yourself of the toxin force fed by the banks, continue to do so. When I read your blog, I felt you were a ghost writer for me; as I am sure many do.

In this battle we need to remember that the dis-ease caused by the situation brought on by the fraud and greed perpetrated by these servicers is a double edged sword; we need to keep in mind that our bodies absorb the negative feelings that consume us and can manifest as disease.

So, while I believe we must fight back until the end and that transparency will come. We need to be mindful not to allow ourselves to exchange one thing for the other. Without your health any material thing is not worth it.

The bible says we will be victorious "in" our trials, and once we have come out of them (because the Lord will deliver us out) - (Psalm 34:17) we won't smell like smoke! (Daniel 3:23-27)

Your not alone. There are many wonderful people here that stand in unity with you amidst their own trials. Which is a beautiful testimony that humanity exists and we're never alone in this.


Fondly,

Hibiscus

Hi Hibiscus,
I wanted to thank you for saying that and recognizing something I've come to appreciate about this situation/experience. It allows us to plug into a commonality between us in a very empathetic way and oddly seems to have the effect of revealing our better sides. Maybe because it is such an overpowering evil, a situation where there isn't a lot of gray area or room for dissension - banks shouldn't steal people's homes and ruin lives in their greed - and it brings people together, forces them out of complacency. I was just looking at Recontrust's calender and found my sale has been postponed another month again and as happy as I was at successfully challenging them again into a stand off of sorts, as I was going through the houses set for sale in my town I was wondering about those families and thinking could I help them? Am I doing enough?

[hibiscus]

Hello Isisis,

There are some true pillars within this group that deserve many blessings for the valor they show it always paying it forward, even when I'm sure they, too, would prefer to be swallowed up by the ground. It isn't easy for anyone. This site has become a fountain for the tired and the weary to regain their strength and again face the battle. Congrats on your postponement once again!

I too, get that unease from seeing others go down in defeat and I often wonder what their circumstances are and if they lack information, have been taken, or just relinquish themselves to defeat. No matter the situation, it can never feel good to loose your home. This is a true war with many casualties.

-Hibiscus

[isisis]

Hi Tiredofbofasbs,

Yesterday when I told you to fight back I neglected to give you any idea of where to start, my apologies. With your sale date not far off and your determination not to lose your home here are some ways that others of us have found effective in backing them off.

I’m copying this from an answer I gave on another thread so they may not all be applicable to you at this point.

1. HAMP - after you're turned down appeal demanding a written explanation with the figures used in making the decision, ask if the investor was notified.

2. File a complaint with the OCC - it helps here to study foreclosure procedure to determine mistakes they might have made.

3. Read the Stipulated Judgment. Even if you don't fall into its narrow categories notice that some of it is directed more generally and with reference to how all borrowers are to be treated henceforth. In my case as an example while my loan was originated before 2003, I was invited as a Countrywide borrower to apply for modification, then without even determining my eligibility they initiated foreclosure; a direct violation of the Stipulated Judgment.

4. Research county records to find fraudulent documents, backdated assignments, research your signers to see if they are known robosigners.

5. Demand a foreclosure review from the OCC (if it took place between 2009-2010).

6. Send a QWR asking for the results of the audit Bofa was required to perform on your loan according to the OCC Consent Decree.

7. Send a validation of debt letter demanding proof that the debt still exists, (that it was not paid off when securitized and sold as stock)that Bofa show that it has the authority to collect the alleged debt.

8. Research your investor, find the Pooling and Servicing Agreement, look on the docs from the county records tsee whether your loan was assigned to the trust after the filing of a NOD.

9. Challenge Recontrust’s authority; tell them they will be personally liable for the foreclosure action unless they can show they have the right to act as an agent for the noteholder.

10. Email, fax and/or write Bofa's Office of the President and CEO with your concerns, errors you found in the foreclosure process

Challenge everything. Make it clear that you will not let your house be taken without a fight. No, make it clear you will not allow your house to be taken and their attempt to do so could be costly to them.

This is an over simplification, just an outline and it's not exhaustive: there are other things that can be done as well. It won't prevent foreclosure but it seems to make them think twice before moving ahead.

The best place to start would be to go the the thread "my recent letter to bofa" written by Freedomwon and read the way she has used demand letters to Bofa to have her sale date postponed for nine months now.

[dearles]

FYI In 5/2011 after BOFA forced me to file a chapter 7 in 10/2010 to qualify for modification, 4 days before chapter 7 granted 1/19/2011, sent notice I will still not qualify, no reason, stated would contact me in 10 days if I will qualify for any other program. Never did told me to contact local HUD office! What a joke, made to wait over an hour with appointment, Was informed as soon as I sat down, I was only allowed 15 mins. on first visit long enough to give him authorization via 3 way to talk to with BOFA for me. squeeze another payment! Tear up my budget told to lie or they will not modify! I didn't lie! Next visit he was not happy I refused to lie, a week later allowed 30 mins. (yes boss called in when timer went off I had to live.) The next week I called to touch base. Took nearly two weeks messages every day, only to wait on hold 27 mins. Then the nerve to ask me to spell my name, then replied I am sorry, I do not recognize the name, I will have to call you, back after I retrieve your file from the basement. I REPLIED IT HAS BEEN 2 WEEKS AND NOT SO NICELY! What does he do!! CALLS BOFA AND TELLS THEM I NO LONGER WISH TO MODIFY MY LOAN. THEY CLOSED MY FILE!

SINCE 10/2010 I HAVE SENT VIA FEDEX 11 COMPLETE FILES
FROM 10/2010 TO 5/2011 WHEN THE LAW CHANGED FORCING 1 POINT OF CONTACT FOR HOMEOWNERS
5/2011 TO 7/1/2011 I WORKED WITH RENE MARTINEZ OUT OF THE OFFICE OF CEO AND PRESIDENT (HA HA HA HA)
NOT HIS DOING I'M SURE
GOT ALL THE WAY THRU UNDERWRITING DOCS WITHIN 7-10 DAYS (HA HA HA)
10 DAYS NOTHING CALL HIS DIRECT LINE I'm sorry the person you are trying to reach NO LONGER WORKS for BOFA! Please hold while I transfer your call! JACK_SS gets on the phone takes my info! Looks up my info!
I'm sorry BAC Home loan servicing no longer services your loan as of 7/1/2011 no notice! BOFA services your loan now!
After reviewing the notes BOFA is stating you will not qualify for any kind of modification, please check mail, for the option to do a short sale, shows you are 2 payments behind, which states we can file a NOD!
I said yes 2 payments you JACK_ss the two you refused to except during the chapter 7 you forced me to file!
Yes I hung up he had the gall to call my house every 30 mins, leaving message to the effect that i still only have the options he mentioned! Quite rudely!

LET THE GAMES BEGIN!
I HAVE ALWAYS DOCUMENT EVERYTHING!
THESE ARE LIAR LOANS OPTION ARMS SIGNED 1/2007
I AM 67
WHAT EVERY GOVERNMENT AGENCY
LOCAL STATIONS
EVEN FILED COMPLAINT @ WASHINGTON.GOV
BELIEVE OR NOT HAVE LETTER TO PROVE IT!
The PRESIDENT HAD FORWARDED MY EMAIL COMPLAINT TO ALL PARTIES!
PLEASE LET HIM KNOW THE OUTCOME!

I WANT THEM TO HANG THEMSELVES FIRST.
THEY I'LL SCALP UM!

LOL AT MY OWN WRITING

STAY TUNED TILL NEXT TIME
MORE TOMORROW! TIRED

PS STILL NOT MODIFIED!

MORE DETAILS LATER! I BET I COULD WRITE A BOOK!

THE ELDERLY LADY BOFA SHOULD HAVE NEVER STEPPED IN THE RING WITH!!!!

[MIDSOUTH]

Just thought I would give an UPDATE to our HAMP process"

About 2 weeks ago I called the acct manager A. Rich---left her a message....she called me back about 4 days later...the service level is slipping! She was doing so well at the beginning...haha. She tells me that the file is with the underwriters and should take about 30-45 days. I'll be doing my normal Friday call today...our last conversation, I did ask her what precisely her role is and she told me that she just helps to facilitate the process. Our conversations last about 1-2 minutes. I really have nothing to say to her, other than to get the status of the file.

[TomEason]

MIDSOUTH

Thanks for that.

Your experience with your BOA CRM sounds typical. These folk have lots of files and little knowledge. They serve as but a filter. And they're forbidden from communicating with borrowers by email, mail, or fax out of BOA's fear that something in writing will be used against them (and it would and will be, LOL).

[dearles]

MAY 1,2011 DO TO BOFA LACK THERE OF!
The guidelines for all banks was implemented do to,
Homeowners complaints, being required to send in full sets of required docs!
OVER AND OVER AND OVER AGAIN!

BOFA/COUNTRYWIDE MUST GIVE HOMEOWNERS ONE POINT OF CONTACT, NAME EMAIL FAX,
UNLESS ESCALATED, BYE ANY AND ALL STATE AND FEDERAL COMPLAINTS
FILED BYE THE HOMEOWNERS.

THEN A MANAGER, TAKES OVER THE CASE!

IF YOU VISIT THE COUNTRYWIDE/BOFA SETTLEMENT
THERE GUIDELINES THEY NEED TO FOLLOW!
ALL I CAN SAY THEY ARE NOT!

BOTH loans CLOSED IN 1/2007
AFTER VIEWING WHAT WAS RECORDED I NOTICED
ON 5/9/2007

SOMEONE RECORDED A (RECONVEYANCE)
On the primary!

GRANTOR???????? P R LAP INC
GRANTEE MYSELF

I have owned this property for 14 yrs,
Who the H_ll is P R LAP INC
Why 5 months after the loans closed????

AS 12/07/2011 (INVESTMENT PROPERTY)
AS OF 1/19/2012 (PRIMARY)

DEED OF TRUSTS WERE TRANSFERRED TO!

NEW YORK BANK OF MELLON
BANK OF NEW YORK TRUST
C WALT INC ALTERNATIVE LOAN TRUST 2007 O H 1 (WHO OR WHAT ARE THESE?)


THEY WERE TRANSFERRED From:

MORTGAGE ELECTRONIC Registration systems inc
AND ME COLLECTIVELY

I KNEW NOTHING!!!

NEVER TOLD NOTIFIED ZIP!!!!!!

Be on later kids!!

[MIDSOUTH]

Just for the heck of it...another update...really NO update at all. The Account manager, Amanda Rich, that used to answer my calls every Friday at the beginning of this process, has taken to sending me to voice mail and then has started a new pattern of calling on Wednesdays around 10 or 10:30am CST. Of course she is getting my voice mail--because I am working. In one of my latest voice messages to her, I specifically told her that I thought we were playing "phone tag" and for her to answer the following questions in her next voice message to me:

1. What "arm" of BOA am I with...BOA home servicing OR BAC N.A. (mainly b/c moynihan stated that he was considering BK for the BOA home servicing arm of the corp.)

2. What is the status of my application (which has been in underwriting for about 1 month).

Amanda Richs' response on the following Wednesday: I can not discuss details of your status on a message, but your application is in underwriting at this point...then the whole blah blah blah about when she can be reached 8:30-4:430 pm (no time zone indicated) if I should have any questions.

My opinion is that I will continue to utilize this apparent discord, as it benefits me. I just don't know why this entire process in taking this long...after all of the experience that these banksters have with prior homeowners' experiences, just dont get why or how it is so disjointed.

[isisis]

I found that when they seem to be bumbling along in an ineffectual hapless sort of manner that's the time to watch out. I used their apparent ineptitude because it suited my situation at one point, i.e., didn't question their foot dragging while in consideration for modification only to find they denied me for excessive forbearance - occasioned by their delay. In retrospect, though I doubt there was anything I could have done to expedite matters.

Keep in mind as well that the longer they go without modifying the longer they can continue to charge the high interest rates to the balance of your account.