Mortgage Question-Do i need a lawyer?

whtlhntr · Jul 9, 2010

Little background-had my mortgage with TB&W, they folded, went to prison, whatever. Bank of America takes over in September 09. They start saying that I am a month behind, that my August 09 payment wasn't made-it was.

Now here it is, nearly a year later. I have sent proof of payment 3 times. I receive phone calls from BoA all the time, they send me notices of intent to accelerate (all payments become due or you lose your house) once a month. I call 3 to 4 times a month, they say to ignore the notices, they are in a lawsuit or bankruptcy-course I haven't talked to anyone in the US yet, though I keep asking to talk to the supervisor, he is still overseas. Can't seem to get in contact with the a represenative in the US.

Come to find out that they are reporting this to the credit bureaus now, they say they will take care of it when they are through with the courts and that my bank statements aren't enough proof that I made the payment (?) and they want a cash remittance pipeline, whatever that is.

Trying to decide whether to keep rolling with the punches till this get resolved or see what other options I might have. I've started getting pretty ugly with their customer service reps when they call-I know they are just doing a job, but I can't seem to get in touch with a decision maker. Any suggestions? I might need that credit at some point and it doesn't seem right that they would make those reports when this is in dispute, and I think I've proved my case to them.

Jim Baker · Jul 9, 2010

whtlhntr said:
Little background-had my mortgage with TB&W, they folded, went to prison, whatever. Bank of America takes over in September 09. They start saying that I am a month behind, that my August 09 payment wasn't made-it was.

Now here it is, nearly a year later. I have sent proof of payment 3 times. I receive phone calls from BoA all the time, they send me notices of intent to accelerate (all payments become due or you lose your house) once a month. I call 3 to 4 times a month, they say to ignore the notices, they are in a lawsuit or bankruptcy-course I haven't talked to anyone in the US yet, though I keep asking to talk to the supervisor, he is still overseas. Can't seem to get in contact with the a represenative in the US.

Come to find out that they are reporting this to the credit bureaus now, they say they will take care of it when they are through with the courts and that my bank statements aren't enough proof that I made the payment (?) and they want a cash remittance pipeline, whatever that is.

Trying to decide whether to keep rolling with the punches till this get resolved or see what other options I might have. I've started getting pretty ugly with their customer service reps when they call-I know they are just doing a job, but I can't seem to get in touch with a decision maker. Any suggestions? I might need that credit at some point and it doesn't seem right that they would make those reports when this is in dispute, and I think I've proved my case to them.

Locate the nearest BOA and set up an appointment with someone in the loan department. Do not tell them your problem, just that you want an appointment. Take all your documentation and a witness to sit in with you.

Do not take any refusal to resolve the problem. If it cannot be settled at that office, demand a name and number of someone that can resolve it and remove the reports on your credit record.

Keep in mind BOA does not want your house.

If that does not work and you have ironclad documentation, get an attorney.

benellisbe · Jul 9, 2010

Nobody wants to get an attorney involved, but sometimes it is the safest bet. I would consider an attorney, especially since it has been almost a year.

dawg2 · Jul 9, 2010

Do you have a bank draft or cancelled check showing it was pulled from your account? Then is so, go down to the local BofA and have a "sit down" with them.

Buck Nasty · Jul 9, 2010

If you have provided the proper documentation to prove that you have made your payments according to the terms of the note, and can prove that you have provided this (via certified mail or some other type of tracking means) and they are still calling and trying to collect and are reporting you are past due on your credit report, then they are in the wrong, you may be covered under the Fair Credit Reproting Act and have cause for legal recourse.

You have to remember that banks are overwhelmed at the present moment with foreclosures that you very seldom actually speak with the correct department or person, and never the same one twice. With that a couple of things you can do:

Contact the FTC and speak with someone there and lodge a complaint. May or may not help you out, but it might be worth a try.

Do what jimbo said. Physically go to meet with a BOA Mortgage officer and dont take a "we cant help you here" answer. Get a name and number and have the BoA rep call them while you are in the office. The last thing you want to do is get home and call the number only to have them say "sorry I cant help you."

Another trick you can pull that might throw them a complete curve ball is to ask for proof of the debt, such as a copy of the loan agreement. I have read of some people actually getting out of the debt entirely if the mortgage company can not prove that you owe the debt.

When all else fails, seek legal help. Might be money well spent and avoid any lingering issues. Such as fighting to stop foreclosure.

whtlhntr · Jul 9, 2010

Thanks for the suggestions and PM's guys. Gonna try and see if some of this works. Good to see that you are willing to offer suggestions.

HALOJmpr · Jul 9, 2010

If you are reasonable and request a supervisor with BofA you can be persistent and get one. Once they have offered their version of a solution if it works for you, take it. If not then ask for the next level up. I actually asked for the presidents office but was given to the assistant to the Mortgage division president. She was very helpful and all was resolved. My situation was similar to yours but involved a loan that had been closed not sold. They got it straight and restored the information on my credit report. I asked for the agreement in writing after agreeing to a resolution and they sent it to me within 5 days. Be polite but stick to your guns and you can prevail.

golffreak · Jul 9, 2010

Showing that you are a month behind on payments when mortgages are sold is a common problem. Usually just a delay in forwarding you last payment to the old provider. The problem usually occurs when you make payments via coupon book and are not notified of the change. It usually can be cleared up easily and quickly. A year is ridiculous. I would do as others have said and make an appointment with the nearest local office.

dwhee87 · Jul 10, 2010

whtlhntr said:
Little background-had my mortgage with TB&W, they folded, went to prison, whatever. Bank of America takes over in September 09. They start saying that I am a month behind, that my August 09 payment wasn't made-it was.

Now here it is, nearly a year later. I have sent proof of payment 3 times. I receive phone calls from BoA all the time, they send me notices of intent to accelerate (all payments become due or you lose your house) once a month. I call 3 to 4 times a month, they say to ignore the notices, they are in a lawsuit or bankruptcy-course I haven't talked to anyone in the US yet, though I keep asking to talk to the supervisor, he is still overseas. Can't seem to get in contact with the a represenative in the US.

Come to find out that they are reporting this to the credit bureaus now, they say they will take care of it when they are through with the courts and that my bank statements aren't enough proof that I made the payment (?) and they want a cash remittance pipeline, whatever that is.

Trying to decide whether to keep rolling with the punches till this get resolved or see what other options I might have. I've started getting pretty ugly with their customer service reps when they call-I know they are just doing a job, but I can't seem to get in touch with a decision maker. Any suggestions? I might need that credit at some point and it doesn't seem right that they would make those reports when this is in dispute, and I think I've proved my case to them.

Call the Governor's Office of Consumer Affairs and report your problem to them. I had an issue with a mortgage company once and elevated it there, and within 2 days the bank called me back and said everything was fixed, sorry for the problem.

Miguel Cervantes · Jul 10, 2010

Buck Nasty said:
If you have provided the proper documentation to prove that you have made your payments according to the terms of the note, and can prove that you have provided this (via certified mail or some other type of tracking means) and they are still calling and trying to collect and are reporting you are past due on your credit report, then they are in the wrong, you may be covered under the Fair Credit Reproting Act and have cause for legal recourse.

You have to remember that banks are overwhelmed at the present moment with foreclosures that you very seldom actually speak with the correct department or person, and never the same one twice. With that a couple of things you can do:

Contact the FTC and speak with someone there and lodge a complaint. May or may not help you out, but it might be worth a try.

Do what jimbo said. Physically go to meet with a BOA Mortgage officer and dont take a "we cant help you here" answer. Get a name and number and have the BoA rep call them while you are in the office. The last thing you want to do is get home and call the number only to have them say "sorry I cant help you."

Another trick you can pull that might throw them a complete curve ball is to ask for proof of the debt, such as a copy of the loan agreement. I have read of some people actually getting out of the debt entirely if the mortgage company can not prove that you owe the debt.

When all else fails, seek legal help. Might be money well spent and avoid any lingering issues. Such as fighting to stop foreclosure.

Everything he said, but I am a little more aggressive than this as well. Follow all of the above steps, then advise whoever at BoA that your attorney will be in touch, suing them for the total amount of the mortgage plus legal fees due to their failure to try and resolve this matter and repeated FTC violations and violations of your rights under the same laws.

I hope you get resolution soon. This has to be frustrating.

sureshot375 · Jul 10, 2010

I think you should consult a lawyer. I would also get in touch with any government agency that might be able to help. Outside pressure might speed up their response.

The problem may be that the first bank made off with you payment that was owed to the second bank.

Ole Fuzzy · Jul 10, 2010

The first thing that you should do is get copies of the 12 canceled checks by which you paid your mortgage for 2009. It is better evidence than your bank statements and does not give away as much ancillary info that you should protect anyway.

I agree with contacting BOA locally once you have copies of the canceled checks.

I also agree that you should fall back on the consumer affairs office.

You need to google the Fair Credit Reporting Act and learn how to file with the credit bureaus to force the investigation and have the report deleted. There is plenty of consumer friendly info out there on the website about it, and the bureaus have the address and procedure available on the website.

If you get a default letter, I would not hesitate to contact an attorney to respond.

Ole Fuzzy · Jul 10, 2010

Once you get copies of the 12 checks, you may want to write a letter to the CEO of BOA with a copy of the checks and tell him that his company consists of incompetents and that he and other senior managers have contributed to the problem by hiring people offshore that have no ability to engage in meaningful conversations or solve problems. You can look the bank info up on the Sec of State website.

http://corp.sos.state.ga.us/corp/soskb/Corp.asp?1087133

DREWSKI3000 · Jul 10, 2010

I had the same exact problem come up when they switched us from tbw to boa. Luckly we caught it before tbw shut down completely and was able to get them to mail us back our check. But because they were holding on to our check at a bankrupt company instead of forwarding it to the new account holder boa leads me to believe that the last months checks at tbw if not claimed may have been filed in a fishy sorta manner. I absolutely hate being with boa and think they are the most non caring evil corporation in the world but in this case they may have less to do with the problem than you would think. I would try finding out who cashed that check.

flop28 · Jul 22, 2010

had the same problem when taylor bean and witiker were taken over irs froze there acounts your money is probably in tha acount i went into forecloser over it got it fixed but still dont have my money back

Mortgage Question-Do i need a lawyer?

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