My recent letter to BofA (Part 2)

freedomwon

LoanSafe Member
Oct 30, 2010
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6/9/11 - Another update. Received a v.m. msg from a negotiator at BofA yesterday. Simply wanted to introduce herself & give me her contact info. She said she just received my file & would be back in touch in a couple of days.

Oh, and my loan was transferred from BAC to BofA. This was revealed in an (undated) letter I received by regular snail mail on 6/6/11.

Also got a case file # opened by Ca AG's office (they made reference to it in their acknowledgement correspondence to me). Also received letter from the OCC office with a Case file # as well. So we shall see what develops. ReconTrust was the last to sign for my CMRRR letter.


Prior Update
My sale date has been successfully postponed until 7/12/11. I confirmed this on the lps website. Here’s what my letter said:

Postpone x/xx/xxxx Sale Date

x/xx/xxxx

HRD Mailroom
BAC Home Loan Servicing, LP
TX2-977-01-36
5401 N. Beach Street
Ft. Worth, TX. 76137

Cc: Bank of New York
101 Barclay Street - 4W
New York, NY. 10286

Comptroller of the Currency
1301 McKinney Street ste 3450
Houston, Tx. 77010

ReconTrust
P.O. Box 660862
Dallas, TX. 75266-0862

Attorney Generals Office
California Department of Justice
P.O. Box 944255
Sacramento, Ca. 94244

Re: Loan Number: xxxxxxxxx
TS: xxxxxxxxx

To: BAC Home Loan Servicing, LP

If you proceed with a foreclosure sale xxxxx , you are in violation of Federal Law. We appealed the HAMP denial on x/xx/xxxx. BofA must use the correct information that was originally provided & complete the appeal process prior to proceeding with a foreclosure sale. Our loan modification is under review in your escalations department. Your correspondence dated (insert lots of dated correspondence here) all indicates the resolution of our escalated case has been delayed due to needed additional processing time.

In addition, BofA is under court order of a stipulated judgment to modify this original Countrywide Loan. Failure to do so is a violation of court order. The judgment is ordered pursuant to the courts powers, including the courts powers under sections 17203 and 17535 of the California Business & Professions Code.

Sincerely,


Freedomwon


I've already starting drafting my next letter (it's full of what I call psychological warfare). Mainly facts & laws that puts them under fire in terms of the accountability issue. I'm also instructing them to address these issues to all the governing agencies referenced in the letter. (They're certain not to like that)!
 
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austin06

LoanSafe Member
Dec 14, 2009
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Thanks for posting. Would love to see 2nd letter - facts and laws are very good ammo.
 

moretrouble

LoanSafe Member
Nov 14, 2009
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6/9/11 - Another update. Received a v.m. msg from a negotiator at BofA yesterday. Simply wanted to introduce herself & give me her contact info. She said she just received my file & would be back in touch in a couple of days.

Oh, and my loan was transferred from BAC to BofA. This was revealed in an (undated) letter I received by regular snail mail on 6/6/11.

Also got a case file # opened by Ca AG's office (they made reference to it in their acknowledgement correspondence to me). Also received letter from the OCC office with a Case file # as well. So we shall see what develops. ReconTrust was the last to sign for my CMRRR letter.


Prior Update
My sale date has been successfully postponed until 7/12/11. I confirmed this on the lps website. Here’s what my letter said:

Postpone x/xx/xxxx Sale Date

x/xx/xxxx

HRD Mailroom
BAC Home Loan Servicing, LP
TX2-977-01-36
5401 N. Beach Street
Ft. Worth, TX. 76137

Cc: Bank of New York
101 Barclay Street - 4W
New York, NY. 10286

Comptroller of the Currency
1301 McKinney Street ste 3450
Houston, Tx. 77010

ReconTrust
P.O. Box 660862
Dallas, TX. 75266-0862

Attorney Generals Office
California Department of Justice
P.O. Box 944255
Sacramento, Ca. 94244

Re: Loan Number: xxxxxxxxx
TS: xxxxxxxxx

To: BAC Home Loan Servicing, LP

If you proceed with a foreclosure sale xxxxx , you are in violation of Federal Law. We appealed the HAMP denial on x/xx/xxxx. BofA must use the correct information that was originally provided & complete the appeal process prior to proceeding with a foreclosure sale. Our loan modification is under review in your escalations department. Your correspondence dated (insert lots of dated correspondence here) all indicates the resolution of our escalated case has been delayed due to needed additional processing time.

In addition, BofA is under court order of a stipulated judgment to modify this original Countrywide Loan. Failure to do so is a violation of court order. The judgment is ordered pursuant to the courts powers, including the courts powers under sections 17203 and 17535 of the California Business & Professions Code.

Sincerely,


Freedomwon


I've already starting drafting my next letter (it's full of what I call psychological warfare). Mainly facts & laws that puts them under fire in terms of the accountability issue. I'm also instructing them to address these issues to all the governing agencies referenced in the letter. (They're certain not to like that)!

My experience tells me if they can get away with it they will not hesitate to break the laws for profit. They broke the law when they started the foreclosure when they are not the note holder. They broke the law when they forged the Assignment of Deed of Trust, Appointment of Successor of Trustee. They commited mail fraud , wire fraud when they mail these forged documents to you. I wrote a QWR to them told them about all the frauds I discovered, then if I were foreclosed I will file a criminal lawsuit against people who signed my fraudulent Assignmnent (forgery is Class C felony in Oregon), and that's including persons who gave permissions, ultimately it's the CEO of Recontrust. You just have to be aware of your rights . Don't let them bully you.

If you have a business that all you have to do is manufacture a bunch of fraudulent documents and get back millions at the 95% success rate, why would you stop? especially nobody is prosecuting you.
 

davephx

LoanSafe Member
Jul 21, 2009
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The sad fact is even the Attorney Generals can't get them to follow the Countrywide settlement agreement.

AZ AG filed suit last December for consumer fraud etc etc etc including the violation of the Countrywide agreement.

They don't seem to care about any agreement or lawsuits they can hire the best attorney's in the U.S. to fight them for many years and keep making max profits by foreclosing in the meantime.
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
UPDATE - I managed to get yet another postponement until August. Here's the letter I sent:


Cancel x/xx/xxxx Sale Date

x/xx/xxxx

HRD Mailroom
BAC Home Loan Servicing, LP
TX2-977-01-36
5401 N. Beach Street
Ft. Worth, TX. 76137

Cc: Bank of New York
101 Barclay Street - 4W
New York, NY. 10286

Comptroller of the Currency
1301 McKinney Street ste 3450
Houston, Tx. 77010

ReconTrust
P.O. Box 660862
Dallas, TX. 75266-0862

Attorney Generals Office
California Department of Justice
P.O. Box 944255
Sacramento, Ca. 94244

Re: Loan Number: xxxxxxxxx
TS: xxxxxxxxx

To: BAC Home Loan Servicing, LP

Foreclosure sale scheduled for July xx, requires immediate cancellation. You are in violation of Federal Law by proceeding. BofA is under court order of a stipulated judgment to modify this original Countrywide Loan. Failure to do so is a violation of court order. BofA is in “contempt of court†which is criminal. The judgment is ordered pursuant to the courts powers as indicated in our previous correspondence dated x/xx/11.


Our loan is under review in your escalations department. While "under consideration" for participation in the Home Affordable Modification Program (HAMP), a federal assistance program to prevent foreclosures through loan modifications, promulgated pursuant to section 110 of the Emergency Economic Stabilization Act of 2008. 12 U.S.C.A. § 5201. Also, under "relevant directives" of the federal Department of Treasury, a foreclosure sale should be adjourned pending "such evaluation."


Our QWR (HAMP APPEAL) dated x/xx/xx requesting input values that allegedly resulted in a negative NPV, has not been satisfactorily addressed. In addition, Bank of New York has not confirmed their denial due to negative NPV as BofA has allegedly stated in their previous correspondence dated xx/xx/xx.


The lack of education, experience and accountability by the people of BofA staff is staggering. Prior phone communications have proven to be non-productive, therefore; all correspondence concerning this matter should be addressed in writing to our address below & include all the parties shown above.


Sincerely,

Freedomwon
 

TomEason

LoanSafe Guide
Jun 18, 2009
12,390
85
48
SF Bay Area CA
freedomwon

Thanks for posting your poignant letter. I particularly like the last paragraph, LOL. Congratulations on yet another postponement of your trustee sale. Just curious - was the postponement announced by BOA in a letter to you shortly after you sent your letter?
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
freedomwon

Thanks for posting your poignant letter. I particularly like the last paragraph, LOL. Congratulations on yet another postponement of your trustee sale. Just curious - was the postponement announced by BOA in a letter to you shortly after you sent your letter?
Thanks, Tomeason. I found the postponement on the lps website yesterday. The only letter I've received from BofA recently states, there's been no change in my application status and a date has been set for foreclosure sale. Looks like a form letter the banks computer generates. I haven't received any correspondence from BofA that addresses any of my specific questions or concerns. I did however, receive about 5 calls, 5 days in a row from different people at BofA. I chose not to return them, as my letter states that all communications need to be addressed in writing.

I do have an open case with the OCC that enables me to check the status online. All it says is case is being reviewed.

I do have a question on postponement vs cancelled of a trustee sale date. I'm familiar with what a postponement entails & what is required of the trustee. What I don't know is what is required of the trustee once the sale date has been cancelled?
 

davephx

LoanSafe Member
Jul 21, 2009
5,435
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I do have a question on postponement vs cancelled of a trustee sale date. I'm familiar with what a postponement entails & what is required of the trustee. What I don't know is what is required of the trustee once the sale date has been cancelled?
Good question and how to find out or "see" the cancellation of foreclosure. Probably different in every state but other then your home no longer showing up with a foreclosure sale date on the Trustees website, I don't know how you can "see" a cancelation which I believe does have to be filed with the same place as the foreclosure notice. But I have never found "that place" at least on line for AZ. Maybe you have to go to the County Recorders office and look up or something but wish it was online.

Freedomwon - do like your letter. I am not clear when contempt goes from civil to criminal other than have to prove intent and the criminal aspect dropped in the 50 State AG's suit for some reason after Iowa AG was quoted as wanting to put them in jail.

The Countrywide AG settlement is a very narrowly defined group, not all countrywide only certain types (pay option Arms I beleive) with other requirements. So if you are in that narrow group you might be able to do what the 50 State AG's can't? But its good wording. AZ AG is sued BofA last Decemember for not following the settlment as well as consumer fraud etc etc. BofA will tie it up in the Courts for many years and BofA will probably keep ignoring any AG's orders.
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
Good question and how to find out or "see" the cancellation of foreclosure. Probably different in every state but other then your home no longer showing up with a foreclosure sale date on the Trustees website, I don't know how you can "see" a cancelation which I believe does have to be filed with the same place as the foreclosure notice. But I have never found "that place" at least on line for AZ. Maybe you have to go to the County Recorders office and look up or something but wish it was online.

Freedomwon - do like your letter. I am not clear when contempt goes from civil to criminal other than have to prove intent and the criminal aspect dropped in the 50 State AG's suit for some reason after Iowa AG was quoted as wanting to put them in jail.

The Countrywide AG settlement is a very narrowly defined group, not all countrywide only certain types (pay option Arms I beleive) with other requirements. So if you are in that narrow group you might be able to do what the 50 State AG's can't? But its good wording. AZ AG is sued BofA last Decemember for not following the settlment as well as consumer fraud etc etc. BofA will tie it up in the Courts for many years and BofA will probably keep ignoring any AG's orders.
Since BofA uses ReconTrust to conduct their trustee sales, I can look it up here: LPS Agency Sales And Posting It will tell me the sale date, postponement date, or cancelled. In Ca. the beneficiary can request the trustee to postpone the sale date 3 times. It's my understanding after that the date has to be cancelled. What I don't know is if the trustee must begin again with a new set of paperwork? Or if they need to post notice again on the property being sold? If they need to re-publish in a local newspaper? I've tried to find answers to this but haven't so far.

I don't know either when contempt goes from civil to criminal. What I do know is with criminal, I can include restitution. Doesn't mean I'll get it!

I agree with you the Countrywide Stipulated Judgement is a narrowly defined group. I've decided to leave the burden of proof on BofA to prove I don't fit the guidelines. I'll just let BofA tell the AG & the OCC I don't fit the guidelines & why. I'm certainly not going to do their job for them. BofA took the attitude with me & many others "Don't call us, we'll call you" if you qualify for the Countrywide modification.

At this point, I believe it's important to have an ongoing paper trail. It just may come in handy at some point in the future.
 

davephx

LoanSafe Member
Jul 21, 2009
5,435
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48
If the entire foreclosure is cancelled I am quite sure they have to start over again. If the loan via modification or catching up is current that should cancel prior notice of default and acceleration.

With my trustee which is part of Citi when they modified the foreclosure info (sale date) just disappeared and nothing showed. I would however like to see whatever they do formail document to cancel or dismiss the foreclosure action - non judicial so no Court order.

On contempt you can sue civially for damages including punitive which I think may get you more than criminal restitution and a big huge fine going to the Court or State not you.

I agree with your theory "let them prove I am not qualified" related to the narrow CW class
 

TomEason

LoanSafe Guide
Jun 18, 2009
12,390
85
48
SF Bay Area CA
Thanks, Tomeason. I found the postponement on the lps website yesterday. The only letter I've received from BofA recently states, there's been no change in my application status and a date has been set for foreclosure sale. Looks like a form letter the banks computer generates. I haven't received any correspondence from BofA that addresses any of my specific questions or concerns. I did however, receive about 5 calls, 5 days in a row from different people at BofA. I chose not to return them, as my letter states that all communications need to be addressed in writing.

I do have an open case with the OCC that enables me to check the status online. All it says is case is being reviewed.

I do have a question on postponement vs cancelled of a trustee sale date. I'm familiar with what a postponement entails & what is required of the trustee. What I don't know is what is required of the trustee once the sale date has been cancelled?
freedomwon

Thanks for that update. Isn't it curious that BOA is so clueless that, although they obviously instructed the trustee to postpone the sale, they didn't bother to notify you?

Here's my understanding of the cancellation of a trustee sale and other CA requirements. I've perused the statutes and here's what I've taken away. I do know that if a sale continues being postponed for one year, the lender must then start over with a new NOD.

As far as I know, there is no trustee requirement after a sale has been cancelled. The trustee steps out of the picture. The borrower then deals with the beneficiary (lender) just as before the FC.
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
freedomwon

Thanks for that update. Isn't it curious that BOA is so clueless that, although they obviously instructed the trustee to postpone the sale, they didn't bother to notify you?

Here's my understanding of the cancellation of a trustee sale and other CA requirements. I've perused the statutes and here's what I've taken away. I do know that if a sale continues being postponed for one year, the lender must then start over with a new NOD.

As far as I know, there is no trustee requirement after a sale has been cancelled. The trustee steps out of the picture. The borrower then deals with the beneficiary (lender) just as before the FC.
They didn't bother to notify me either time. I've had 2 postponements so far. At least by the content of my letters, they know that I know, what they are up to & I'm not going to make things easy for them. I know you're very familiar with the LPS site. What's odd is ReconTrust does not list a sale amount or an opening bid for any of the properties they are selling. It is not until after the property is sold, you can see the status "back to bene" & you will see what the opening bid was. Other trustees do list an opening bid amount on some of their properties but ReconTrust does not! Interesting Stuff!!

I recently read if you call the trustee on or after 9am the day of the sale & they are unable to disclose the opening bid, the sale date will be postponed. Tom, do you or anyone you know have first hand experience with this?
 

TomEason

LoanSafe Guide
Jun 18, 2009
12,390
85
48
SF Bay Area CA
freedomwon

Thanks for that. I totally agree with your observations about ReconTrust's procedures. I'm very familiar since I've fought off a bunch of trustee sales with postponements, some right down to the wire! It is indeed curious, and something that I've long noticed, that ReconTrust doesn't post an opening bid amount. I have called ReconTrust on the morning of a trustee sale, but have not used the "no opening bid price" postponement strategy. I've used another strategy which I cannot post here, LOL.
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
23
38
California
freedomwon

Thanks for that. I totally agree with your observations about ReconTrust's procedures. I'm very familiar since I've fought off a bunch of trustee sales with postponements, some right down to the wire! It is indeed curious, and something that I've long noticed, that ReconTrust doesn't post an opening bid amount. I have called ReconTrust on the morning of a trustee sale, but have not used the "no opening bid price" postponement strategy. I've used another strategy which I cannot post here, LOL.
Thanks for getting back to me on that. I just might test that strategy out on a random property the day of the sale & follow it on the site & see what happens. It certainly can't hurt & just might buy a complete stranger an extra 30 days in their home. Wouldn't that be cool! Although, for all I know, the property could be vacant. It's past my bed time. Good Nite!
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
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California
Davephx - Thanks for your input! I’d say we’re on the same page here. This process has challenged me to sharpen my strategic thinking skills. The bank may get my house in the end, but I’m not going quietly or voluntarily. Every move on my part needs to be carefully calculated. Will I win at this game of PSYCHOLOGICAL WARFARE? Probably not, but I’ll sure feel proud trying!


I spend a little money to keep my home phone connected so the BofA robo dialers can reach their phone # of record. I also spend about $30 a month sending correspondence CMRRR to all interested parties contained in my letters. It’s the law of averages. I’m counting on the fact that each time a letter goes out, someone in the process takes notice.

In addition to the letters that get mailed each time, I also fax to:

Hope Department 1.800.658.0395
Home Retention Department 1.716.635.7255

Although, I wonder if my faxes are going to "The Black Hole"? LOL
 

kmarvin

LoanSafe Member
Jul 7, 2011
2
0
0
Thanks for the response to my post!

I am going to use your letters and send cc'ing a variety of gov't agencies. It's interesting but today someone else used the term psychological warfare when discussing this. It's truly exhausting and very stress full. Does anyone know if we have any recourse if a property is sold that is under hamp review? Also, how long to we have to vacate the property? This truly is bully tactics....
 

TomEason

LoanSafe Guide
Jun 18, 2009
12,390
85
48
SF Bay Area CA
I am going to use your letters and send cc'ing a variety of gov't agencies. It's interesting but today someone else used the term psychological warfare when discussing this. It's truly exhausting and very stress full. Does anyone know if we have any recourse if a property is sold that is under hamp review? Also, how long to we have to vacate the property? This truly is bully tactics....
kmarvin
Thanks for your post. Your questions are dependent on your state and the particular court and judge. Since we don't know your state, no one here can render any actionable advice. For instance, your question about recourse against the loan servicer for selling the property while under HAMP review has met with some success in a few courts, but hasn't had favorable outcomes in many others. Your question about the time to vacate the property is both nonsensical and premature.
 

freedomwon

LoanSafe Member
Oct 30, 2010
2,794
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38
California
Response from a real person at bofa

Well, I finally got a little activity from BofA on my loan mod saga. This is in response to my letter #1. A real human being sat down & made an attempt to address some of the issues. (See the attached letter). Although the HAMP appeal due to negative NPV was basically swept under the carpet. I’ve made several requests for the input values in the past 6 months & still have not received them. I don’t think they ever ran the inputs & now they’ve been caught in a lie. They are just trying to brush over it & move forward. I’m not letting them off the hook that easy! My next letter to them will heavily address that issue. The best part of all this is now the AG & OCC are involved. So BofA is going to have some back peddling to do!


My favorite part of their letter to me, is when they play dumb about the Countrywide Stipulated Judgement they are under court order to abide by & it gets turned around into something all together different. This process does indeed take a lot of emotional energy! This just re-confirms it is a game of "Psychological Warfare".

I'm getting an upload error. The letter was 2 pages long. I won't be retyping it here. Tomeason - BofA did address the fact that my first sale date back in June was postponed & rescheduled for July. Of course, July has already been postponed until August. So, it's time to start working on letter #3 to get the August date either cancelled or postponed.
 
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