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I need help i have a sale date on my property after paying 10 months trial payment to boa

Discussion in 'Stop Foreclosure and Tell Us Your Story' started by cammy, Oct 4, 2010.

  1. cammy

    cammy LoanSafe Member

    Help any suggestions I get a trustee notice after I paid for over 9 months on my trial payment plan for hamp and BOA just screw me am so mad if anybody knows a good lawyer that is willing to help me please sent me the information I want to file a law sued againts BOA for Misleading , Stress, Lies and much more.. I figured if BOA can charge me for late payments and not to mention report me for 60, 90, 120 Days late to the Credit bureu
    Why can us the homeowers charge them for damages and stress?

    Here's my email zavalacamelia@aol.com THANK YOU
  2. Evan Bedard

    Evan Bedard Call 1-800-779-4547 Loan Safe Mortgage

    Hey Cammy,

    Did they send you a denial letter and explain the reason why you have been turned down for a permanent HAMP mod? Per HAMP's guidelines lenders are supposed to send you a denial letter if you have truly been denied and state the reason why.
  3. cammy

    cammy LoanSafe Member

    Yes they did according to BOA I was denied becuase I defualt on my payments I received the denial letter on may 5 2010 (That was not truth I have proof)

    My story is soo long
    back in June I received 2 different offers for the hamp from BOA I received the first one on June 26 2009 this one was for 2,530 on July 3 2009 I received the second one for 1,643 I call BOA home rentention dept on JUly 4 To let them know I received two different offers and ask them which one should I take in consideration... The rep told me to disregard the first offer becuase that one was higher then my current payment So on July 20 I sent out the sign offer with all paperwork requested and 1st payment I call BOA every week once a week for status on my loan if it wasnt one thing after another but I comply and sent off everything they ask me for. So on May I received the letter of denial so I call BOA and ask for an appeal well they did not want to appeal becuase they kept on thinking that I defualt on my payments I got my file escalated to the appeal dept talk to a manager there after 3 different denials I finally get somebody to listen to me I explain my situation to Annette Cartel from the Appeal Dept so she told me to fax over the offer I had got becuase she did not see any records of that offer, Grant you I paid every month without them telling me I was only paying partial payments had a negotiator I ask him about 5 times if my payment would stay the same for the permanent modification He told me yes not to worried. Well finally I fax over copies of the offer I accepted so Annette escalated my file to the oop office Finally I thought somebody was doing some research and I was going to get to the bottom of this problem well it work becuase he stop my sale date but just postponed it to Aug 26 well after being assing a rep at the OOP office and Him supposly working on my file ... 4 days later I received a call from my rep Edgard Espino telling me that the denial stands becuase I default on my payments I ask him did he even toke the time to research the file I explain my situation to him for the 5th time he told me the best thing for me to do is to sent him over all my financials and try to reapply for a mod but that's not what I wanted to hear so 30 minutes later I got in contact with his supervisor and explain to him the situation he told me that he would work on my fileand research more in detail and get this all square off... Well after 3 days passing by I decided to call and talk to the supervisor but he would'nt take my call he had Edgard call me and tell me to refax all my paper work and financials. So I did I just wanted some kind of closure to this situation 4 days later I call the OOP office to ask status on my file come to find out that my modification was denied becuase of negative income ... At this point I knew that there where just trying to screw me I knew there where trying to qualify me for a in house modification I ask Edgard so many times would he submitting my file for the HAMP he said yes the HAMP... HE lie so much.. SO after I got denied once again and now for negative income

    I got in contact with the CEO of the modification DEPt and explain all the misleading , Misconceptionthat her bank has put me trew and told her I had a sale date on Aug 26 that I needed her to stop the sale. I wanted my file to be review properly for the HAMP Permanant MOdification becuase I believe I was unfairly denied it was BOA mistake not mines I told her I had proofs and I had comply with all the terms So I need her to comply by there terms and at least give me a fair Investigation on my file. She told me not to worry she would get a rep from her dept to take care of my file So 2 days later I get a call from a Rep by the name of Tony Hagel from the CEO office explain to him my situation and ask him that before he comes up with a nagative decision to do some research on the file he reply by saying He toke a day doing research and found that I was denied becuase of negative income... So I told him to please go back and do some more research and if he needed copies of cancel checks and copies of my HAMP offer I would sent them to him... (AT this time I was so fustrated and tried ) I call Patricia and complain about all her staff and the lack of experience they had not to mention how lazy they are. She apologize and told me she would take care of it 2 days until sale date I get a call from Tony telling me that my sale date has been postpond once again now is for Oct 28 2010 and that he did some extended research on my file ask for a transaction history on payment he seen that I completed over 9 payments on the trial plan so he explain to me it would be really hard to appeal on the decision that the HAMP had decided becuase it had been some time of the denial I reply by telling him that was not my problem nor my fault it was the employees that work at BOA I call to appeal the first week I got the denial .. He agreed and told me that he apoligized he also told me he could not believed they had put me threw everything I been trew So he sent my file to Fannie MAE for an appeal on Monday of last week I get a call from a underwritter telling me that she need all my paper work I fax everything she requested over to her so on Wednesday I get a call from her telling me that my appeal was granted and that according to my income I qualify but I still have to get approval from another dept.. That she does not know if there going to give me the modification so after all this no closure am sick and tried , nervous , stress dont know what to expect oh forgot to mention that Tony told me they could not stop the trustee sale anymore....
    I call and left a message for Patricia on Thursday I have not heard nothing as of yet ... I told you my story is so longggggg and complicated...
  4. BusyMom10

    BusyMom10 LoanSafe Member

    This is what BOA does, over and over again. My story was a little different- lots of confusion about whether I was on a trial plan or not. I have it in writing from the consumer advocate that I was, but I was never told I was on one and kept making my regular payment. the crap hit the fan when I pointed out to them their mistake, and after 9 months of getting nowhere with these guys, I am suddenly denied a HAMP modification. Why? My investor doesn't participate in the program! Isn't that something they should have figured out months ago, once I went into underwriting for 3 months, then immenent default for another month? I guess I am lucky they forgot to tell me, as I don't owe them the difference between the trial payment (which was supposed to be $800 less than my original payment) and my regular payment, and no late fees (oops, they did apply 2 erroneously, so I raised hell about that and they were removed.) I now have an honest late payment, and will have more as I have stopped making payments and put my house on the market as a short sell. I am under consideration for an in house mod, but I don't have high hopes for that.

    I would get busy and write to your states Attorney General, the FTC, the Comptroller of Currency, my district Senator and Congresswoman, the local newpaper that LOVES to crucify BOA, and then cc every letter of complaint to the OOP of BOA. That was when things kick into high gear. I did not get the answer I wanted, but an answer. You have to brace yourself to be steadfastly assertive, at times abrasive (but not vile), and never be afraid to make complaints. Keep your notes. Call the HOPE Hotline, get a couselor- your difficulties will be documented by a third party. tke copious notes, get names of everyone you speak with, the time of day, the number you called and if they were recording you (you will hear a beep every 30 seconds if they are taping you. I tried taping them, but you have to advise them and they will refuse to talk to you. That is true even when they 3 way conference call with HOPE Hotline- if they tape, they refuse to talk.

    Good Luck in your process, whichever way it takes you.

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