Complaint Review: BACS Loan Servicing

I have waged this battle for 3 months.  A 10-year old mortgage with NEVER any escrow is now something I no longer recognize.  Most of you already know the details of this horror, but I will recap:  1.  I first heard of the adding escrow on December 15th, as I was on the phone for 4 hours with BOA in an unrealated matter.  "New Federal Guidelines require" blah blah.  "HOW recent are these changes?" I ask.  "Oh they just came into force."  And I literally watched online as they made changes to my loan before my very eyes!  2. I later found the legislation in question:  A bill that is to protect the consumer against predartory lending!  HAH!  It was passed the same day I watched my account torn to bits, escrow thrown on and a total PITI that now rendered a payment 80% of our income!  But the timing stinks:  they were changing the loans BEFORE the vote was even finalized in  the senate.  Rammed thru by Dems (I was one, but no more),  it passed by a huge margin.  Obviously, lenders knew of this and went ahead and began cannablizing our accounts before the vote was counted.  I was told "All mortgages that were done under the Obama Plan must have escrow"  Kept referring to the MHA.  Our was NOT under any program and I even called their MHA department and they had no record of our mtg - nothing.  3. I later learned what criteria would target certain mortgages:  lack of homeowners (we had it and pay our own, though they keep 'losing' this proof.  If not that, then "your taxes must have been in arrears.'  WRONG AGAIN - they were current.  So do you think I got anyting resolved?  No - every time I challenged them, the account was 'reviewed' and each time another change was made.  Since I paid my homeowners and taxes, they went ahead and put in NEXT YEARS premium amount and estimated prop. taxes for a tax bill that doesn't even come out until Aug. 2010.  The money I paid to clear the homeowners and prove we pay it ourselves was never applied properly.  It was put to miscl.  Then they demanded another $188 for god knows what and I paid that - again posted to Misc.  I have paid Nov, Dec, and Jan mtg payments and all but ONE was applied properly.  The others: Misc and now the account statement shows me past due one and the other due immediately.  Total due over $1,200.  That is the last of the old agreed and contracted amount of $636.  The next payments will now be right at $900!  They have created a new mortgage and foreclosure crisis and no one can help.  All I wanted was to keep my mortgage back on track, up to date and now we will lose the house. Can someone explain me (even IF this mortgage was part of some d**n program) how you can make a home affordable by increasing payments so that it results in 60 to 80% of your income with their PITI?  This stinks of corruption, the timing of the changes reveal that much.  Legal aid is trying to see if their top atty can do anything given the severity of what has been done to us.  I have contacted the NC Justice Org (www.ncjustice.org) and check the link to the right about foreclosings.  It is there and it refers to the colossol failure these programs are.  I have sent them a link to this site as well.  MY real estate atty will take this on if the Legal Aid cannot handle it.  I even spoke with a local BOA agent this afternoon that was astounded and confused as to what was taking place.  For one:  why did they take your 30-year and turn it to 20-year?  It should have been a 30-year, he said.  It was not an option they gave us, I told him.  He cannot understand the method of posting they are using and why Texas has one set of information and California (COUNTRWIDE) another.  I cannot get to texas, CA refuses to acknowledge there is even a location in Texas and will not transfer me there -even when I provide the number and name.  I have tried every number I can find for BOA/BACS - even local in my area, but I always  end up in CA and those yahoos only know one thing "escrow, escrow and obama programs."  Something is seriously amiss here - BOA still retains ownership, but servicing is BACS/COUNTRYWIDE and the BOA has completely different info on our account than does BACS.  THEY still hold it as CONVENTIONAL/NO ESCROW, but - they have lost again record of homeowner's.  SF has sent the FOURTH such submittal notating it is the fourth and it is NOT ESCROW.  But I look and see that CA has already grabbed NEXT years premiums. And can somebody tell me what BUYDOWN means?  The money that is adding up in THAT column?  Not even the attys heard of this?  And what little I did tell him, he was able to confirm what I knew when he said, "these are tactics used by predartory lenders."  By not applying my payments, losing proof of insurance, statements showing I am past due, they are manipulating it so that it appears as a high risk account and THAT allows them to roll right over us.  THAT is their plan, their tactics, and the motive is greed.  To suck us for whatever money they can before we no longer can pay.  AFter all - COUNTRYWIDE is the infamous corrupt bankrupt-bailed-out-by-our-tax-dollars just as BOA is.  And in Oct/Nov BOA shoved all its loan serviving to these criminals.  Then congress put the final nail in the coffin.  But there is an exception in that Dec 15 Bill they ignore:  that even IF this mortgage were under these program, it states that if the PITI creates a hardship to the homeowner, then the mortgage is exempt for the PITI requirements.  But no one mentions that litttle blurb and when challenged today, there was dead silence.  More corruption, more disreagard for an already perverse law.  What was passed by congress  can darn well be repealed and by the same token those elected can darn well be OUSTED!

This will not stand.  They have created loans that by every legal means are fraudulent in that if they HAD included PITI - they would not have been allowed to be financed.  MY mtg agreement states they are bound by its terms as are we and must comply with the terms set forth.  And it mentions NOTHING of fannie/freddie/Making homes affordable/foreclosure assistance. It mentions nothing to give them the right to arbitrarilty change the terms of the contract.  So, like I informed BOA, THEY are in breach of contract and I will no longer recognize it.   If I can press charges, I will.  If I can bring suit, I will.  If I get to do both, I am head of the line.  But I urge everyone that is victim is this system that is failure by design to contact your congressmen and KEEP on contacting them.  Contact your state's org. for justice, if you find an attorney that specializes in this area - get them and let me know the name.  Paste it everywhere on the web you can.  Contact the news.  But do not let them win - I will NOT lose my home to criminals - no matter if they hide behind BOA, COUNTRYWIDE, CONGRESS or the Presidenital Seal. 

They cannot win - we have too much to lose and they are the ones in comtempt,  not us.  Grassroots did some powerful work not too long ago and grassroots can do it again.  Call, email, post - use the internet for all its worth.  And don't forget the news.  I hope more states like the one I read pursues class action suits, but it takes the voice of the people to make it happen.

IF THE MICE ROAR LOUD ENOUGH THE LIONS WILL LISTEN.