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Bank of America's distressed homeowner events

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    Bank of America's distressed homeowner events

    We just had ours last weekend. BofA has been touring the country hitting up major cities to provide a place for in-trouble homeowners to meet with loan counselors. Here's our experience so others can decide if it's worth it or a waste of time....

    Our Background:
    We have the 5 year ARM special from Countrywide circa 2004. We are both currently underemployed for years, have over $100K of mostly CC debt for business purchases stemming from banks not offering enough lines of credit back around 2000. We are on food stamps, have no health insurance, children's healthcare is paid by the state. And as of August, we had to stop paying on CCs and started to go late on our mortgages. Tried HAMP back in October, denied Dec 1 due to missing paperwork, tried again in Dec and denied in Feb with claim we were already denied Dec 1 due to the missing paperwork. We were able to creatively keep extending the 60 day late mark until Feb when we had enough of a further dip in income to have to stop paying and go past that 90 day mark. In April we asked about HAFA program, were sent an appraiser, sent a selling price that was $60K over what comparable homes are selling for in the area, we refused to sign based on advice of attorney and real estate agents, the due date for HAFA to be signed passed, and now we are just in a holding pattern again with no hint of acceleration.

    BofA Outreach Event:
    BofA sent us a packet (did not have to request it) stating the documents we would need for a loan officer to review our loan and work on it. We did not bother as we are very far behind at this point and we've done research to indicate that BofA is very unlikely to help homeowners this far behind on payments (and this bad off on hardship). We just brought our statements and the historical docs related to our previous attempts. BofA wants homeowners to set a time and we didn't do that either.

    At registration, you have to provide the loan number in order to be checked in and issued a numbered card stapled to a folder. Turns out it doesn't matter if you don't have an appointment. A woman (I will call her Elderly Barbie) hovered during check in and it turned out she was the equivalent of a Wal-mart greeter for BofA. Her job is to walk people from check-in to 75 feet away to a curtained waiting area for an introductory workshop. On the way we engaged Elderly Barbie in conversation a little aggressively and she revealed that she is formerly a real estate agent and she offered sympathy for all our plight while trying very hard to steer us into the workshop and be done with us. She claimed the events are a great success and lots of people are being helped, but she offered no definition of what she calls "success." Elderly Barbie struck us as being someone whose job is to offer support without admitting BofA wrongdoing (though we tried) and to kind of defuse and talk agitated homeowners down and get them to hop on the funhouse ride. Also, she carried a digital camera in her shirt pocket with the lens exposed.

    The workshop waiting area was roughly 30 chairs positioned to view a large screen in the background. All surrounded by convention center style curtains. There are two workshop areas so people can wait in one while another is going. When the workshop started 10 minutes later, an attractive young black woman came out to present who I like to call "AA Barbie." AA Barbie started to tell us first that the workshop is not the place to talk about personal situations, that's for the loan officer. Then she laid out a timeline we could expect that day. Half hour for workshop, then roughly an hour in a "holding area" (their name for it) waiting for our number to be called, then meeting with a loan officer who will only be able to work with us if we have the right requested documents, then IF we are part of the so-called 25% that statistically do have all the documents, we would expect to wait another hour in a different holding area while the underwriter reviews the application, then receive a yes or no and new payment structure that very day or proceed to discussion of options to get out of the home. Then she proceeded to tell us that most people do not have the right documents at the event and would have to get those at home, and if they fax them in, they could expect an answer 7-10 business days after all proper documents are received. And she explicitly stated that the documents must be in the right format (no prints of online bank statements was provided as an example) and they must all be up to date within the last 60 days. Then AA Barbie told us about the difference between soft declines and hard declines. A soft decline is when a loan mod is denied due to missing documents. A hard decline is when a loan mod is declined based on the homeowner simply not having a enough income to make the mod possible (and where we would most likely fall in our case were we to bother trying). The purpose of the event is for people to either get approved for a loan mod or get hard declined so that other "options" can be discussed. Then AA Barbie told us about the "dignified exit" -- in other words a homeowner gets a hard decline and then it's time to think about deed-in-lieu, short sale, possibly something else I can't remember, but not the "undignified" foreclosure in other words. She also told us that there are lots of different loan mods, all based on who the investor of the loan is. So the underwriter will write a mod differently for Countrywide customers from the underwriter handling FHA customers and so on.

    Once the workshop was done, AA Barbie walked the group over to the holding area, an area of roughly 70 chairs in rows surrounded by semi open curtains. In the holding area there is a white board where the called numbers are written down, so if a homeowner steps out to use the facilities, they can check the white board to see if the number is called. It took roughly an hour for our number to be called and we went over to the loan officer, a very precisely painted looking young blonde woman I'll call "Plastic Barbie." Plastic Barbie has, for lack of a more poetic phrasing, a bad customer service attitude. She immediately asked for paperwork so she could get started and did not like it when we told her we didn't fill it out. We told Plastic Barbie about our previous attempts at HAMP and we would like her to research it and tell us why we were denied the second time. She tapped away at her laptop, said it looked like there were some "disconnects," said she could get another loan mod going if we have the documents. My spouse argued with her a little bit about this, all she would say is that she's here to be the person who can work with us today if we have the documents, and what do we expect to accomplish if we don't have anything filled out? I then asked her, given our situation and the fact that BofA has been doing these events for months, what does she think our chances would realistically be? Just a guess, any guess will do. She said she couldn't answer that and she can't speak for what anyone else has done then asked what we wanted to do. We didn't have an answer that satisfied her (my spouse wanted to pursue questioning further about the supposed missing documents of previous declines) and she shut down and tapped away quietly for a couple minutes trying to look like she was searching. Then a man walked over and asked what the trouble is. My spouse (the more verbally confrontational person) told this supervisor type that we have wanted to talk to someone in person about our situation for months and this is what we are doing. That we are wanting to know exactly why we were denied twice for missing paperwork due to something we don't even pay when the checklist states to provide it "if" we pay it with no mention of special forms to indicate we don't. That they should have no problem doing anything based off former paperwork already provided multiple times as nothing has changed meaningfully in our situation. Then the supervisor pulled a card out of his pocket for BofA CAC office, a place set up for homeowners to be able to talk in person about their loans and work out mods or other actions. Turns out the BofA CAC was only opened April 1 to preempt our governor signing into law effective April 15 that home mortgage servicers MUST provide in state offices for people to be able to discuss and work on their loans with an officer in person. We thanked the supervisor for the card and left as there was no point in continuing further.

    Take Away Analysis of the Event:
    The key here was described in the workshop discussion of soft decline vs. hard decline. It is my assumption that these events have an underlying motive for BofA to figure out who they can hard decline that day so BofA can figure out how to get the homeowner out of that home permanently as fast as possible. The concept of actually modifying loans at all is a joke because they state that they have numerous ways of claiming that documents are missing or not in the right format. Also a homeowner can keep sending loan mods indefinitely with soft decline as the result. This, I suspect, is done when the homeowner has enough of a household income to not be hard declined and is done with the purpose of making homeowners frustrated so they give up and either keep the original terms or walk away from the house. Additionally, the agents at every step of the way are very careful to not admit BofA wrongdoing. It's all about damage control. Provide sympathy in a limited way without admitting any actual wrongdoing on the part of BofA.

    In summation, if you have a mod in process and BofA invites you to the event, be wary. Only go if you are certain your household income gets you out of the hard decline reasoning and then it *might* be useful as you could get an answer that day. If you are far behind like us with little income, it will be hard to get anyone to slip up and open up the opportunity for a lawsuit down the road (although I think we already have that anyway) and will not only be a waste of time but can also have the adverse effect of speeding up the acceleration to foreclosure. But if it emotionally helps you to have someone to complain at in person, go ahead and go (we felt better for a good complaining).

    #2
    Wow, what a description and analysis! Hadn't heard of these "events" but enjoyed your story. Sorry you're having a hard time though...good luck to you

    Comment


      #3
      If it was Country wide loan. The note was never conveyed and BOA does not own the Note. How can BOA do a loan modification if they do not own the loan. Tell them to produce the note so you know they have a legal right to modify the loan. They cannot do it because the original note was shredded by countrywide. All BOA can do is create a fraudulent Assignment of Mortgage which if you fight, they BOA will lose in the end.

      Comment


        #4
        Martha, unfortunately your strategy is one for a foreclosure lawsuit. This thread was about a modification meeting. If you don't believe they "hold" the Note, why go to a modification meeting? You would wait for a lis pendens (lawsuit) to be filed, or jump start it by filing your own lawsuit in the district court. Produce the Note defenses don't work so well anymore. Very few did anyhow.

        As for these Homeowner Events, I do think it's a good strategy for Bank of America. I guess they can clear some inventory and get some (qualified) homeowners paying again! It could be a win-win for everyone.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          It is known as Dual Tracking where while you are trying to get the mod. BOA is initiating foreclosure activity such as falsely having countrywide through MERS assign the mortgage to BOA. As to why go thru the mod is because it extends the time in your home. Also in florida the bank is required to have a mediation meeting with you at the banks expense. Make sure you use the entire 2 hours so it will cost the bank bout $1000. People are beginning to fight the foreclosures in court and that costs the banks much more money than a one minute default judgement by not showing up. In fact the foreclosure law firm mills have gone from a $1000 per foreclosure case to $300 per hour because many home owners are beginning to fight the fraud . It is begginning to cost the law firm mills by taking several hours to prepare and bring foreclosure suits. The banks created this problem and now the people are fighting back. Here's is a good link. The banks want you to just roll over so they can get a default judgement and evict you in 72 hours. So begin the fight even in the modification phase. It does not cost you anything. Anyhow the 70% of the mods fail in a couple of years. If they do not have the blue ink note -- they cannot foreclose period.
          If they cannot foreclose -- seems like a good strategy. Right now in Jax a foreclosure defense attorney is beginning to file about 50 quiet titles for people who the banks could not foreclose on because they did not have the blue ink note.

          Check out the article about MERS - http://twainsthoughts.com/2011/05/20...where-part-iv/

          Comment


            #6
            I don't know - I think this is also a lot of PR, and to help the relatively few people they actually WANT to help.

            I think if the attitude were this: look at each person - how much is the mort, what do they make, what can they pay - were there to be a gov't hammer over their heads that tells them to MAKE SURE that something is worked out, their incentive is...none...

            A loooong time ago I used to work for a local utility, and twice a year we had a workshop for people with past due balances, impending cutoffs, etc. - the word from the head honcho was - WORK WITH PEOPLE!!!! Plus that the city in which they are located prohibits cutoffs at certain times of the year - in other words, our intent was to make sure that no one leaves w/out utility services...and no one did.

            Comment


              #7
              Just as I wrote, IamOld, they created a win-win situation. Sometimes, it's not as nefarious as some will believe. Of course, the PR is good for them, but at the same time, they may actually help people. HAMP was a disaster and HAFA is only "half" as good as HAMP (pun intended... I'm not stating statistics). With regards to modifications, the problem has always been the paperwork shuffle. I was fortunate that I've never had the "we lost your paperwork" problem. My paperwork is all "electronic" and I told them I can fax it as many times to as many locations at any time, electronically. I received a modification in less than 8 weeks, with no "trial" periods.
              Last edited by justbroke; 05-31-2011, 07:47 AM.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog

              Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

              Comment


                #8
                Yep! I mean much to my amazement, whilst on layoff from main job, I received a mod myself - took $500 off monthly payment! Seems to be permanent...

                Originally posted by justbroke View Post
                Just as I wrote, IamOld, they created a win-win situation. Sometimes, it's not as nefarious as some will believe. Of course, the PR is good for them, but at the same time, they may actually people. HAMP was a disaster and HAFA is only "half" as good as HAMP (pun intended... I'm not stating statistics). With regards to modifications, the problem has always been the paperwork shuffle. I was fortunate that I've never had the "we lost your paperwork" problem. My paperwork is all "electronic" and I told them I can fax it as many times to as many locations at any time, electronically. I received a modification in last than 8 weeks, with no "trial" periods.

                Comment


                  #9
                  ResignedtoBK, thanks for a very through breakdown of what went on at the modification event. I did not bother going to the one in my area, but your description, especially of the 'character types' (Plastic Barbi etc) was GREAT!

                  Comment


                    #10
                    Originally posted by ryan View Post
                    ResignedtoBK, thanks for a very through breakdown of what went on at the modification event. I did not bother going to the one in my area, but your description, especially of the 'character types' (Plastic Barbi etc) was GREAT!
                    Right Ryan - and frankly the sort of people they send to these "events" also shows you that they're not serious. Forgive me as I can draw only from my humble experience, when I worked for the utility, they had me - a young eager person yet not "Barbie," and crusty old guys and gals, who made sure no one left w/out a resolution that they - the customer - could afford.

                    Comment


                      #11
                      I think it's no different than any other "convention". I never realized that convention exhibitors hired models and actors to "work" their booths and do the presentations!!! The real people were "behind the scenes", usually behind curtains. If it takes a dog-and-pony show to get people's attention, I don't care if the outcome is great for both parties involved. If it's just a bait-and-switch, I would really call attention to it and let people know about it.

                      However, having "beautiful" people delivery the presentation, is nothing new in the business world.
                      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                      Status: (Auto) Discharged and Closed! 5/10
                      Visit My BKForum Blog: justbroke's Blog

                      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                      Comment

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