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Getting screwed by Bank of America

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    Getting screwed by Bank of America

    Background is that we were dismissed from a Ch 13 after consistently paying for 4 years on a 5 year plan b/c of errors my attorney made.

    Now have retained another attorney and plan to file Ch 7.

    My mortgage has been in the bankruptcy dep't of my mortagage company - Bank of America - for the last 4 years. I have been making regular payments to them, and EVERY MONTH make sure to ask them what month my payment is going towards. When we were dismissed, I didn't know exactly where we stood, and wanting to pay any remaining arrearage (there was initially some, hence the original Ch 13), I have been asking since then for the amount to pay to be caught up.

    I was assuming there was still some arrearage since when I called in MAY to make my payment, instead of telling me it was for MAY, they said it was for MARCH. (The dismissal was finalized in May.)

    Anyway, since then I have been unable to get answers. My original attorney is AWOL and no help. BoA wouldn't talk to me while things were still in bankruptcy dept. Everytime I called, they would tell me 30-45 days to get the files out of bankruptcy dept, and that I should just wait until the "ledgers were reconciled" to get a final $$ amount.

    Last week I got sick of this, and started calling Tuesday. As usual, they said "no info", but said AGAIN they promised to call me back in 24 hrs. Of course, no call. I gave up Friday and made two payments. I figured I might be two payments behind, based on the "March instead of May" thing that happened back then. Of course when I called, my stuff was still in the bankruptcy dept.

    YESTERDAY I get a call from BoA and they tell me I'm in foreclosure!!! The lady I spoke with had no knowledge of any bankruptcy, until she looked further. I told her the entire story, and she sounded sympathetic, but said it was too late, she couldn't do anything, talk to foreclosure escalation.

    I am furious that I never got a chance to get a $$ amount and pay what I owe! I have been nagging them for months, and suddenly this?

    I was furious and spoke to 5 people yesterday, finally got a supervisor on the phone (after more than an hour), and he sounds like he agrees with me, says not to talk to anyone but him, he wants to get me out of the foreclosure dept (I'm still guessing, but I should be "caught up" now, although a bunch of people yesterday said they would probably be returning the two payments to me.)

    What really sent me over the edge was the information that my case has already gone to an attorney and there "will be extra charges" for that, which is why the first 4 people I spoke with couldn't give me a $$ figure AGAIN! I'm hoping this supervisor can do something with that, it sounded like he wanted to.

    WTF!? I'm still pissed off today. Comments? Wise words? Advice?

    On top of that, I pulled our credit reports last week, and BoA had reported me 2 months late back in APRIL, while my stuff was still in bankruptcy and BEFORE I knew anything about it! When I asked about that, they told me themselves that they don't report to credit bureaus while you are in bankruptcy. (???!!!) Well, obviously they did.

    What should I do? I really have no other $$ now to pay the attorney I've retained towards our filing, since I paid BoA those two mortgage payments.

    #2
    Wow, 4 years of paying and not getting the results you should have received. Why was it dismissed? What mistake did your attorney do?

    Since the case was dismissed due to errors my guess is the BK is viewed as never existed as far as the debt goes and BoA wants all the money originally owed including interest, fees, etc.

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