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 Trying to Get Modification Payments Refunded From B of A. View next topic
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Joined: 16 Sep 2011
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Trying to Get Modification Payments Refunded From B of A.
PostPosted: Fri Sep 16, 2011 4:39 pm Reply with quoteBack to top

Hello all and I hope you are well. I am new on this forum and I am looking for some advice. I live in Portland, Oregon and Multnomah county. I have had my home loan about 10 years and it has been sold several times in those 10 years. I re-financed twice, but the loan was sold a lot more times. My home loan has been in limbo about 4 years now. First with Countrywide and now B of A. I started out with a short sell but nobody bought it because by the time Countrywide got around to approving an offer the buyer had gotten tired of waiting and moved on. That went on for 6 months, starting about 4 years ago. In early 2010 I demanded a modification from B of A and they gave me one. I started making payments in May of 2010. Between the second and third payment a FEDEX truck rolled up here with a envelope for me that said basically that B of A would like to help me with a modification but unfortunately they couldn't do so at this time because of the reason down below. Reason checked off was "Inadequate income documentation". Nobody ever signs these of course. I thought how odd is it that these idiots didn't accept my documentaion for a $670.38 a month modification payment. I felt that I had waay over documented my income. The thought crossed my mind that they might be setting me up to not make the third payment so they could automatically deny my modification. On the Saturday before the third payment was due on the following Wednesday I called the bank and a nice lady listened to my complaint and looked over my file. She then informed me that nothing had changed on my account and that I still had my modification. I asked, are you sure about that? She put me on hold and looked very deep in my file and came back with absolutely you have your modification and if I were you I would just keep making those modification payments like you have been doing. I told her that I would and that this next one would be overnighted on Monday morning to be sure that my USPS money order got there by the first. Which it did, and I have all of the money order receipts and delivery confirmation receipts for my payments.
About the middle of November a FEDEX truck rolled up here with another large envelope and in it was my returned USPS money order for the November payment and a one piece of paper that said we can't accept this payment for the following reason..."wrong amount."
Of course it wasn't the wrong amount. It was the amount they had told me to pay.
The holidays were here and I put it to the back of my mind. After the first of the year they started sending me a different modification application to fill out. This one was part of Obama's plan and it looked very difficult to me to qualify for. They were asking for more documentation from me than I gave to get my home loan to begin with about 10 years ago! They sent this 3 different times over a 3-4 month time period. I knew I couldn't qualify on this new mod. application and I didn't respond to it. But then it dawned on me one day that I already HAVE a modification! I made 7 payments on the mod. in 2010 and they returned just 1 one of those payments. They still had 6 more payments which total $4,022.22. Ha!
I wonder doesn't basic contract law apply here? They made me an offer in 2010 and I accepted. I made payment according to the terms of the offer and the bank accepted my payment. They still HAVE my payment in their possession. Doesn't that mean we have a contract?
Anyway..long story short. A forclosure notice showed up in April or May.
I called the bank after that and I was rasing h**l about it. I was telling this lady everything I have been saying in this post, plus I was asking just where were those other six mod. payments that I had made? They had returned one of them...where are the other 6 and if they keep one dollar of that money then we have a contract in place on the 2010 mod.!
She listened and then told me, "To be honest with you Mr. F******. When your modification started in May of last year, nobody updated your file. Because of that your loan went into forclosure in November and that's why your November payment was returned."
I said you have got to be kidding me...and she no and asked if I would hold while she did some work on my file (I don't know what) and of course I said I would hold. We got cut off of course while I was holding and I could never get her back. The bank had set a auction date of Sept. 6 to auction my house. I had to file bankruptcy a few days before that to stop these idiots from selling my house. It is buying me some time, but at this point I am wanting to exit this mad house merry go round with this inept dumba** bank. I am sick of it, but I do want my other 6 mod. payments refunded to me. I think if we go to court I will win that money back and if I could get them for mental stress damages I think I have that coming also. B of A has put me through the wringer.
So does anybody reading the forum have any advice on the best way to go about getting those 6 mod. payments returned to me? I called the bank about it and this idiot named Rich in the forclosure department acted like he couldn't care less...which i'm sure he doesn't.
Thanks in advance for reading and for any advice you can give.
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