Heres another one (this time about my first mortgage)

[jcsawyer]

::WARNING: MAY BE CONFUSING::
Ok I should have just merged the two together but I am scatter brained today (oh wait....nothing new about that ). Ok BOA is our first mortgage holder, we have been in "modification" with them for three years. We owe in back payments (so we think) 25k. However there has been some pretty suspicious activity on our account in the past two weeks. We had an attorney working with us to get this taken care of and to permanently modify our mortgage. Well he did nothing but what I had done for two and a half years! So I contacted the Consumer Financial Protection Agency ( a new federal gov't program that really seems to dislike how the banks are handling customers in default). I contacted them on July 5th 2012 and on the 19th of July I was notified that we had a modification offer. from the CFPA that is not from the attorney. He thinks he did his job but BOA refused to contact him, only us.
Our trial payments are $774.19, of which we can handle. However we have since been getting statements in the mail from BOA thanking us for our payments which range anywhere from $764.45 to $856.29 There are three of those and one minute we owe in back pay $21k and the next $24k and on the website we owe $25k! So then I get a billing statement in the mail which shows all of those "payments" that we "made" and it says our next payment isnt due till September 2012! Well with that our first trial payment isnt until the 19th of this month according to the paperwork we have BUT according to the rep at BOA the payment is due on the 16th! HUH??? and what is up with the ever changing transaction history. I contacted the attorney that is supposed to be helping us with this and he said "I am not a financial auditor and I will not look at the transaction history, why are you worried about the past you should be happy that you even got a modification. I have never had a client who was that far behind and got a modification not be happy and at least a little bit relieved" Oh boy was I in shock when I got that email. My question:can the trustee force a modification on our home since BOA cant even get themselves straight? They even told our attorney dealing with the modification that they didn't receive our acceptance letter when it was sent via Email AND Fed-ex with confirmation!


I am just SUPER frustrated with BOA and this attorney we paid out the butt to! He has been unresponsive and pretty laid back about it all and was no way near aggressive as we needed him to be with the bank.

[BeckyK]

I don't think the trustee can force a modification. I could be completely wrong but BOA don't get along real well....BTDT with attempting to get the modification and they magically lose all faxes sent to them (even when their own person they flew in from TX scanned it directly into their system...it was beyond amazing how that happens).

Anyway, when we went to file, our attorney basically told us they can't force a bank to make any modifications -- pretty much the same stuff we do with sending more information, calling, etc... is exactly what the attorney would do & there would be no guarantee of it being approved.

Good Luck -- although I wouldn't trust BOA for anything...they are pretty much incompetent as far as I'm concerned (yes, the right hand doesn't know what the left hand is doing as you have seen from the letters you have gotten -- they tell you one thing, then turn around say something that completely contradicts themselves and then you will get another letter saying something totally different once again).

[jcsawyer]

Yes BOA is a constant THORN in my side.
I dont trust BOA as far as I could throw them. What bugs me is they are 8 miles from me (the BOA tower here in Charlotte,NC) I have contacted them over and over just short of going to the top of the tower and telling them whats what LOL. I just want this over with so horribly bad.

[flowerchild]

My mortgage is with BOA as well and I have heard many horror stories about them. I had my mortgage modified in 2010 with court approval. I worked with NACA to finally get an offer. My payment dropped by almost $700 and my interest went down to to 2.5%. My attorney did an excellent job working with the courts, NACA and BOA (although he did screw up other things for me). Once I did get the offer thru NACA, my attorney petitioned the courts to have the automatic stay lifted (I think that is the wording) just long enough for them to modify my mortgage. After all of the paperwork was completed BOA sent the information to the court and I started making the new payment. Of course my plan was modified as well. But the courts can't make BOA do a modification at all because it is up to BOA to even offer one. When I was going through the process I heard many people say the same thing about them. I can tell you that it took about 1 1/2 years from start to finish in order to make it happen because BOA hires nothing but a bunch of $#$@$. I would suggest, just based on my experience that you continue to hound this and not let it go. I too remember many days feeling so frustrated and just beat down dealing with them. But it worked out in the end so keep on going.....from someone who has been there.

[jcsawyer]

Thanks for the encouragement it is definitely needed since now I will be having to give up my vehicle in order for us to even be able to afford the monthly payment to the Trustee. this has me super upset and ill and BOA. I am so tired and have put in so much work with them to have them screw me over like this and now we cant make heads or tails of whats up and whats not! Go figure.

[despritfreya]

My question:can the trustee force a modification on our home

Simple answer. . . "no".

The correct question. . . "can the JUDGE force a modification of my first position mortgage on my principal residence?"

Answer. . . "no". However, some bk judges are asking the parties to enter into good faith mediation but. . . there is no law that gives a judge the power to force a modification.

Des.

[jcsawyer]

I wish i could find an atty to aggressively take boa on! They need to have a new one ripped! I asked the attorney we had working on the modification to find out from boa what in the world they were doing on our account and he lashed put saying i was being ungrateful to him for all the "hard work" hes put into attempting a mod on the home. Lets get one thing straight we paid him 1500 in december of 2011 he did not start working on it till april of this year then everytime he schedules a conference with me hes late because hes been on the phone with boa to find out whats up before he calles me! Boa doesnt need someone with a tender touch sealing with them they need someone to drill them a new one and make sure they do aa they say! Ive got a 4 inch thick notebook with everything they have said an not gone threw with!
Sorry for any typos im on my phone.

[despritfreya]

I wish I could help you on this one. B of A is notoriously incompetent, but dealing with the loan modifications is out of my area of expertise. There must be attnys in NC who "specialize" in this sort of stuff. Try a Google search.

Des.

[jcsawyer]

It seems every attorney in NC is in bed with BoA since they are HQ'd here.