Do I tell BOA filing BK?

[ScaredINMich]

We have our first and 2nd mortgages with Bank of American and we are going to give up the house.

They are calling because we are now 2 months behind on payments. I haven't answered but I'm really sick of the 5-6 calls per day and my kids looking at the caller id and wondering why we aren't answering.

SO....do I answer next time and say we are going BK, or just ignore their calls.

Thanks!

[shark66]

Ignore them.

They'll be notified once you file.

Until then, you really have nothing to say to them and don't need to be listening to lies and threats...

My $0.02 only...

Good luck.

[Pandora]

Just wanted to add make sure you dont have any checking/savings accounts with BOA, they can freeze them and take whatever's there due to set-off clauses.

[ScaredINMich]

We filed this past Tuesday. We do have all of our accounts with BOA, but was told by attorney not to worry about it, they don't go after the money. Is that incorrect?

[Pandora]

Scared

I've seen it go both ways with banks, even when the person filing is told it's "not an issue"; what does your contract say regarding set-off? Its better to be safe and move the money & open another account than to find out they did what they wanted to.

[Pandora]

Here is a great post regarding this issue: http://www.bkforum.com/showthread.ph...t=BOA+checking

while it lists Wells Fargo, it applies to every bank IMO.

[SunshineGal]

We filed this past Tuesday. We do have all of our accounts with BOA, but was told by attorney not to worry about it, they don't go after the money. Is that incorrect?

If you've already filed than I would answer and give them your attorney's name and case number.

[tcreegan]

Hi Scared,

Sunshine has it right....answer, tell them the BK was filed on Tuesday, never contact me again, here is my attorney name and number. (but give your attorney a heads-up before you hand out the name and number)

And it they do contact you again, document it, show it to your attorney. They would be in violation of the BK automatic stay.

Good luck w/ your BK,

Tom in Colo

[tobee43]

i so agree with the PP's....

pandora makes an excellent point......we didn't have b o a for but chase.......and they took out money on a credit card .......a HUGE payment...unauthorized since we didn't have auto pay....we fought the bank and we got our money back...most people don't get the money back.

upon filing our bk...we immediately opened a new checking account with the smallest local bank in the area...