Complaint Review: Bank of America

I applied for a loan modification in Sept. 2009, under the advice of a BOA rep. Due to the economical crisis I was told we qualified due to a loss of income and our hardship. My husband and I had discussed refinancing, but the modification program was designed for our situation and seemed the right thing to do. I received my loan modification approval letter
in Dec. 2009. I submitted all requested documentation and did my trial payments to prove I could pay my new modified payment. I had even checked with the HUD office to make sure this was the proper procedure to take before I signed any
documents. I was to receive my permanent modification in April 2010. It seemed like a very easy process. 

In April, I was told by BOA, that due to large volumes of loans that it was taking longer and I would receive my permanent modification as soon as possible. They apologized and assured me all was in order and they directed me to continue paying my modified amount as I had been doing. I stayed in constant contact with BOA and I documented each time I spoke to them and reps name.  I was told repeatedly that all was in order and I should be receiving my permanent modification anytime.

In July, I received a denial letter for my modification. I was totally shocked. How can I now be denied after I have already been approved? I immediately called BOA concerning the letter, because I spoke to them a week earlier and all was well. I was told the letter was sent in error after the rep had reviewed the notes on my account. I was granted an appeal and my modification was once again active and being processed. I then received a letter of intent to foreclose in September. I was so confused. I was being demanded to pay an outrageous amount of money or my home was going to be foreclosed. I explained that my account would have never been in such a delinquent amount if I had not followed BOA's instructions. I told them I have an approval letter for my loan modification and I have done everything I was instructed to do. I expressed that I felt like BOA had been deceiving me and lying to me for all those months. I was totally confused and felt very deceived. I immediately contacted the Bank of America corporate office due to I could never get a straight answer from any of the reps I spoke to in the home retention dept.  I felt as if they were following a script and did not know what was going on with my account. I was in fear of losing my home. I was contacted by Marion Duenez, from the office of the president. I discussed my matter with her. I faxed all my documents and my approval letter to her. She asked me where I got my approval letter? I thought that was odd.  I told her from my online banking site. After reviewing the notes on my account she stated to me she did not know exactly what happen with my account. She then stated she  wanted me to reapply for my modification. I told her I should not have to reapply, I already applied and was approved and it was someone in BOA that made an error. She then proceeded to tell me that due to the long period that had went by my letter of approval was now expired. I responded to her there shows no expiration date on my letter and if her establishment had complied with our agreement in the timely manner I would have received my permanent modification in April 2010 and she and I would not be having the conversation and problem. I expressed I should not be penalized and misled due to the banks error and improper performances. She agreed with me and apologized for my frustrations. She told me she was going to investigate my case further and discuss it with her department head. She did phone me a few days later stating she had good news for me. She explained I was being granted an in-house/traditional modification and she was putting me in contact with a senior negotiator, Trina Herrington, to resolve my matter quickly. I spoke with the senior negotiator and she reviewed my paperwork and agreed all was in order and stated it should have never taken the length of time to get me my permanent modification. She expedited my account to the supervisor in the home retention dept. She stated if I had not received it by November 2010 to give her a call back. When I called and made my monthly payment I was told my permanent modification was being reviewed. I asked them to explain exactly what the review process meant? It was stated, the underwriter was determining if I was going to receive a 10 year extention or a percentage reduction for my permanent modification.  In November I did phone the negotiator again and she called the home retention dept. and she then assured me all was in order again. In December, I called and I was told that my modification was waiting for the underwriter's signature and I should be receiving my PM in the next two weeks. In Jan. 2011 I was informed that my account had been sent out and my home was going to be foreclosed. I was appalled. I immediately called BOA. I explained my whole ordeal with the rep.  She reviewed my accounts notes and seemed to be as confused as I was.

I was told by the rep. she did not understand what had happened and stated that she would document my account and discuss it with her supervisor. I received a phone call the very next day and this rep. was very rude and was demanding me once again to pay an outrageous amount of money. I told her of my situation and she stated my account had been sent out as of Jan. 4th and all monies were due or my home would be foreclosed.

She stated there was nothing that she could do and that my modification was not a guarantee. I felt like I was back to square one. At this time they would not accept my modified payments. On February 28th it showed on my online banking site that I was in modification and to pay my modified amount. Again I was confused. I tried to make my payment and again it would not be accepted.  I again spoke to the home retention department and the rep. expressed they did not understand why my account had been sent out and I had not received my modification. He too told me he was going to submit a letter to his supervisor concerning my dilemma. I tried calling the senior negotiator and could not get in touch with her.  I didnt know where to turn.   

On March 14th I spoke to BOA and was told all was well on my modification again. I was instructed to pay my modified amount as I had been doing. He accepted my payment at that time.  In April I received a letter from lawyers stating my home was being sold on June 7th. I feel helpless. I feel deceived. I do not have money for an attorney and I don't know my rights. In my panic I once again phoned Marion Duenez in the corporate office on May 5th. The ext # I previously  
had for her no longer contacts her. I spoke to Mr. Ramond in the corporate office. He stated my account with that office had been closed in October 2010.  I explained my situation to him and asked to speak to Ms. Duenez. He told me he did not know her. He took my information and complaint and told me someone would be in contact with me 5-10 business days. I was still in distress. I then tried phoning Trina Herrington. Her number had been disconnected. I called another  number I had to try and contact her but still no luck. On May 11th, I spoke to a supervisor, Jessica, in the Home retention department and again explained my situation and experience. She stated that my account had been sent out due to my not paying. I explained that I was told my payment would not be accepted because it was being demanded that I pay all pass due amounts. She then stated that I had not been paying my regular loan term amounts and that is why my account was so delinquent. I told her I had been paying my modified amounts that I had been instructed by BOA to do all along. I then discussed the fact that BOA has given us no credit of paying our modified amounts for the past year and it is showing as nonpayment on our credit report and this has hindered us from refinancing our home. She proceeded to show me in the trial payment contract that all modified payments will be held in a separate account and will be credit to the account when permanent modification is received. I knew that, but nowhere does it state we wont receive credit for payment. I also stated to her that my trial payment period was only suppose to go through April 2010, and it was the companys fault that it had not already processed my permanent modification in the time agreed upon.  I then discussed my loan modification letter of approval with her. She stated she knew the letter I was referring to and stated that that letter was sent to me in error. I stated I felt like the BOA modification program was a scam. It was set up for people to fail. I have been lied to over and over by the company. She stated that they were putting me back in the system for a modification, but it is not a guarantee that I will be approved. I think this is an injustice and an outrage.

I received a letter from the corporate office referring me to the Home Retention office. I was furious. I once again phoned the corporate office. The rep stated my account was closed in October 2010 and it stated in the notes that I had decided not to continue forward with my home modification and the account was closed. I told her that was not true and proceeded to tell her my experience with Ms. Duenez. I even have a letter from Ms. Duenez referring me to Ms. Herrington. She stated she could not help me. She referred me to the Home Retention Dept. She stated they no longer handle modification accounts in that office. I felt like I was in a nightmare that was never going to end.  I have continuously been in contact with BOA and I am being told they are doing everything to help me keep my home. Their actions are saying a different thing. On May 20th, I contacted the Home Retention office and I spoke to John. I once again explained my situation and he stated that everything I have been doing is correct. It was showing that my modification is active and my account was sent out in January to a government agency to receive terms for my permanent modification.

The person working on my account is Elizabeth Garza. He told me to call back by the 25th to check on progress. I received a phone call from BOA on May 25th,  and I was told that my sell date is being postponed due to the confusion with my account. They are working on getting me my modification. He explained that he will submit the postponement today, June 2nd. I have to say, I don't truly trust what they tell me anymore. My husband tried refinancing our home, however we were denied because the bank has given us no credit for all the payments we have made over the past year Therefore, his credit report is poor.  I have been trying to resolve this matter and save my home. I am in dire straights. I dont know what I can do. I feel like BOA is taking advantage of my hardship in life. If there is any thing you can advice  me to do I would be most appreciated. I feel like my home is being stolen from me. I have done everything I have been instructed to do. I have also seen many other cases of the same improper foreclosures of other innocent people. I feel BOA has deceived me. I feel like a fool.

Thank you for your time. Have a wonderful and blessed day.