BOA has me very confused

[kmattin]

I received a letter from an attorney this week claiming that I have not paid my mortgage since 7/2012. I immediately called BOA to see what is going on. They are claiming the same thing. When I advised them that I have copies of cancelled checks, they asked that I fax those copies to them. I did as asked. Their claim is that they have not received those payments even though the deposit information is on the reverse side of the check. This is so frustrating and confusing. I will not call them anymore,. An attorney is in the works for me. Any ideas?

[tobee43]

why not just go in with the cancelled checks to your local b of a. you can fax all you want, they are terrible just like all the banks. i would go in, sit with someone. have them copy everything and get a signed receipt of everything they took a copy of and not leave the bank until they straighten out the account.

it's really old that this is the first you are hearing from them. usually, after 30 days they give someone a call. hopefully when you go in you can straighten this all out.

[kmattin]

I have spoken to BOA's customer service until I am blue in the face. They are not going to budge. I could take those copies of the cancelled checks to a branch office, but they already have those. I talked to the department that handles payments and they are the ones asking for the copies. They have sent an email stating they received they have received them. I believe my payments have be applied somewhere else and BOA is playing dumb. I plan no further contact with them. I will hire an attorney and let the lawyers fight it out. This sucks.

[tobee43]

really, you went in and showed them and they still refuse to believe you paid them. you're right, something is very wrong and i guess you have to call an atty after all.

i know i have had problems with them as well and brought in legal docs to them that they refused to accept. even when i called the atty he didn't even let me get the words of of my mouth that i was at b of a....he said them. he state he has more problems with them than any other bank, however, the problem i had with them was worked out. but i must tell you i sat my butt in their office and refused to leave until i got confirmation that the situation was resolved. i can be one BIG crumb in one's bed. it did work for me, and the situation was in fact dealing with misapplied payments they misapplied. too bad someone at the local branch can't help. i know nowadays b of a's are like empty skeletons...or better stated just ghosts walking around their offices and even tho there seems so many people working there none can do anything for anybody. scary.

[kmattin]

I have decided I will not stress myself out over this. There is enough things to worry about, without having BOA giving me more headaches. I will not go down without a fight and if this does not get resolved and they attempt foreclosure, I am sure the judge will have some interesting things to say. I have not missed a payment in the 12 years we have lived here.

[tobee43]

I have decided I will not stress myself out over this. There is enough things to worry about, without having BOA giving me more headaches. I will not go down without a fight and if this does not get resolved and they attempt foreclosure, I am sure the judge will have some interesting things to say. I have not missed a payment in the 12 years we have lived here.

yes, you are here in florida (we are in the middle district), which is a judicial state...so bofa best have all their paperwork in order. thank heavens for "small" things like living in a judicial state! at least we have the right to challenge. where as in other states things are very different. i hope you get them and all the legal fees back 10 fold.

good luck with it all.

[kmattin]

Thanks tobee43. I have friends in foreclosure here in Tampa and have not paid BOA for 3 years and still in their home. I will make my payments on time every month. If they choose not to accept the payment, good. I will have a nice savings account. Just to throw a little more at them, I am currently in Chapter 13, about half way through.

[tobee43]

you never mentioned you were in a chapter 13. you must be paying your mortgage direct as opposed via the trustee. many times when people are in 13's the banks at some point either add fees or some type of charges at some point which gets added to the end of their payments. however, if you are paying them direct i can see why it's important to contact your atty who handled your 13 to get this resolved. maybe someone in a 13, i'm sure will know more than i, as we were a no asset 7, pretty cut and dry in our case.

best of luck!

[kmattin]

Here is an interesting update. I went to a branch office of BOA and presented to them canceled checks along with bank statements showing payments. I also have a print out from BOA showing payments made from as far back as 07/2010. They still claim that no payments have been received since 07/2012. No matter what I say or show them will get them to budge. They are demanding $5,000.00 to bring the account current. I don't have that kind of money and they said even if I paid them that amount today, the foreclosure process would continue. My account is current and this to me seems to be nothing less than extortion. I am in the process of interviewing an attorney. At this point, they can take this house and shove it. I will fight and claw, cost them as much as possible and drag this out as long as possible. I have had it!

[tobee43]

i really don't get this at all. if you have those checks where did they say they were applied.

i would get an atty asap, maybe they can get this straighten out for you. it's sounds like an absolute nightmare. did you draw the checks on a b of a account or was it another bank?

[kmattin]

The checks were drawn from my credit union. My guess is that the payments have been misapplied and BOA has no idea where. Rather than help, BOA has circled the wagons and dug in. Interesting point is they claim no payments since 07/2012, but their own print out shows a payment applied on 08/210. This is a nightmare. This looks like one hand doesn't know what the other is doing.