| Bank of America |
| Bank of America BAC Home LoansServicing, LP legally stealing our homes Dallas, Texas |
| 14th of Mar, 2011 by User396867 |
Bank of America is out to steal our homes. I had very good credit prior to my mortgage servicer being shut down by the governement and handing my loan over to BoA. Am attaching my time line as my complaint in showing how they are stealing American homes and denying help for those in need. Time line
2/15/08 bought home
4/1/08 1st payment due to Taylor Bean & Whitaker $1658.49
5/1/08 started equity acceleration with TBW taking 2 payments per month on the 1st and 15th for a total of $1801.98
7/09 heard about modifications from friend, tried to contact Taylor Bean Whitaker (TBW) for more info but could not get response.
7/1/09 & 7/15/09 mortgage payments were taken from my account for the August 2009 payment.
8/3/09 & 8/17/09 mortgage payments were taken form my checking account for the September 2009 payment.
8/09 BoA started making collection calls daily to me at my job. At this time I did not know they were my new service or the TBW was being shut down.
This is a violation of:
24 C.F.R. Subpart C—Servicing Responsibilities
Title 24 - Housing and Urban Development
§ 203.502 Responsibility for servicing.
(a) After January 10, 1994, servicing of insured mortgages must be performed by a mortgagee that is approved by HUD to service insured mortgages. The servicer must fully discharge the servicing responsibilities of the mortgagee as outlined in this part. The mortgagee shall remain fully responsible to the Secretary for proper servicing, and the actions of its servicer shall be considered to be the actions of the mortgagee. The servicer also shall be fully responsible to the Secretary for its actions as a servicer.
(b) Whenever servicing of any mortgage is transferred from one mortgagee or servicer to another, notice of the transfer of service shall be delivered:
§ 203.508 Providing information.
(e) Each servicer of a mortgage shall deliver to the mortgagor a written notice of any assignment, sale, or transfer of the servicing of the mortgage. The notice must be sent in accordance with the provisions of §3500.21(e)(1) of this title and shall contain the information required by §3500.21(e)(2) of this title. Servicers must respond to mortgagor inquiries pertaining to the transfer of servicing in accordance with §3500.21(f) of this title.
Payments, Charges and Accounts
8/18/09 received e-mail from Gary Moore (mortgage broker)
To anyone that has their mortgage serviced by Taylor Bean Whitaker,
Unfortunately, the mortgage industry hasn't seen the end of the turmoil quite yet and if you loan is being serviced by Taylor Bean you may or may not have found out that its very difficult to contact them or anyone regarding pay off, making payments, or any general info about the status of your loan.
One of my customers was kind enough to give me a phone number that may be helpful to you if you are still looking for help.
Bank of America is scrambling to help with the servicing transfer and you can contact them at
800-669-6607
if you need further help you can call or email me and i will try to help as well. In any case keep any paper work,emails, copy of mtge checks, copies of overnight receipts just in case mortgage payments do not register in TBW or Bank of America's on time.
if i can assist please let me know
thanks
Gary Moore
Integrus Lending
630-730-6391
9/1/09 received first letter from BoA dated 8/23/09
9/1/09 called to canceled mortgage acceleration - confirmed on 9/4/2009
It was around this time I heard the Government has seized all of Taylor Bean & Whitaker’s funds and learned that my September payment was not transferred to BoA yet.
10/5/09 received statement dated 9/29/09 from BoA stating my loan was in default.
10/11/09 received letter dated 10/6/09 from BoA for “Notice of Intent to Accelerate. (which I continued to receive every month since).
10/16/09 first payment I make to Bank of America (BoA) $1701.44 cleared my bank
11/05/09 1st try for mortgage modification with BoA.
1/5/10 never heard anything from BoA so sent letter to Ms. DeSoer
1/21/10 denied modification
4/28/10 lost job
6/1/10 2nd try for modification
10/2/10 denied modification
2/14/11 - cashed out pension/401K/retirement fund in an attempt to make payments current
2/16/11 received letter dated 2/09/11 “ the mortgage payments of $10,402.74 plus late charges of $1067.44 for the months of October 2010, and November 2010 for the above reference loan are past due. If these payments are not received by February 16, 2011, you could lose your home.”
As a servicer under HUD - BoA has violated the below:
TITLE 24 - HOUSING AND URBAN DEVELOPMENT SUBTITLE B - REGULATIONS RELATING TO HOUSING AND URBAN DEVELOPMENT CHAPTER II - OFFICE OF ASSISTANT SECRETARY FOR HOUSING - FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SUBCHAPTER B - MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES PART 203 - SINGLE FAMILY MORTGAGE INSURANCE subpart c - SERVICING RESPONSIBILITIES 203.502 - Responsibility for servicing. (a) After January 10, 1994, servicing of insured mortgages must be performed by a mortgagee that is approved by HUD to service insured mortgages. The servicer must fully discharge the servicing responsibilities of the mortgagee as outlined in this part. The mortgagee shall remain fully responsible to the Secretary for proper servicing, and the actions of its servicer shall be considered to be the actions of the mortgagee. The servicer also shall be fully responsible to the Secretary for its actions as a servicer. (b) Whenever servicing of any mortgage is transferred from one mortgagee or servicer to another, notice of the transfer of service shall be delivered: (1) By the transferor mortgagee or servicer to the mortgagor. The notification shall be delivered not less than 15 days before the effective date of the transfer and shall contain the information required in 3500.21(e)(2) of this title; and (2) By the transferee mortgagee or servicer: (i) To the mortgagor. The notification shall be delivered not less than 15 days before the effective date of the transfer and shall contain the information required in 3500.21(e)(2) of this title; and (ii) To the Secretary. This notification shall be delivered within 15 days of the transfer, in a format prescribed by the Secretary. [36 FR 24508, Dec. 22, 1971, as amended at 57 FR 47974, Oct. 20, 1992; 57 FR 58349, Dec. 9, 1992; 59 FR 65448, Dec. 19, 1994; 61 FR 36266, July 9, 1996] 203.508 - Providing information. (a) Mortgagees shall provide loan information to mortgagors and arrange for individual loan consultation on request. The mortgagee must establish written procedures and controls to assure prompt responses to inquiries. One or more of the following means of making information readily available to mortgagors is required: (1) An office staffed with competent personnel located within 200 miles of the property, capable of providing timely responses to requests for information. Complete records need not be maintained in such an office if the staff is able to secure needed information and pass it on to the mortgagor. (2) Toll-free telephone service at an office capable of providing needed information. (b) All mortgagors must be informed of the system available for obtaining answers to loan inquiries, the office from which needed information may be obtained and reminded of the system at least annually. Toll-free telephone service need not be provided to a mortgagor other than at the office designated to serve the mortgagor nor other than from the immediate vicinity of the security property. (c) Within thirty days after the end of each calendar year, the mortgagee shall furnish to the mortgagor a statement of the interest paid, and of the taxes disbursed from the escrow account during the preceding year. At the mortgagor's request, the mortgagee shall furnish a statement of the escrow account sufficient to enable the mortgagor to reconcile the account. (d) Mortgagees must respond to HUD requests for information concerning individual accounts. (e) Each servicer of a mortgage shall deliver to the mortgagor a written notice of any assignment, sale, or transfer of the servicing of the mortgage. The notice must be sent in accordance with the provisions of 3500.21(e)(1) of this title and shall contain the information required by 3500.21(e)(2) of this title. Servicers must respond to mortgagor inquiries pertaining to the transfer of servicing in accordance with 3500.21(f) of this title. (The information collection requirements contained in paragraph (c) were approved by the Office of Management and Budget under control number 2502 0235) [41 FR 49736, Nov. 10, 1976, as amended at 48 FR 28986, June 24, 1983; 59 FR 65448, Dec. 19, 1994] 203.550 - Escrow accounts. (a) It is the mortgagee's responsibility to make escrow disbursements before bills become delinquent. Mortgagees must establish controls to insure that bills payable from the escrow fund or the information needed to pay such bills is obtained on a timely basis. Penalties for late payments for items payable from the escrow account must not be charged to the mortgagor unless it can be shown that the penalty was the direct result of the mortgagor's error or omission. The mortgagee shall use the procedures set forth in 3500.17 of this title, implementing Section 10 of the Real Estate Settlement Procedures Act (12 U.S.C. 2609), to compute the amount of the escrow, the methods of collection and accounting, and the payment of the bills for which the money has been escrowed. (b) [Reserved] (c) In the case of escrow accounts created for purposes of 203.52 or 234.64 of this chapter, mortgagees may estimate escrow requirements based on the best information available as to probable payments that will be required to be made from the account on a periodic basis throughout the period during which the account is maintained. (d) The mortgagee shall not institute foreclosure when the only default of the mortgagor occupant is a present inability to pay a substantial escrow shortage, resulting from an adjustment pursuant to this section, in a lump sum. (e) When the contract of mortgage insurance is terminated voluntarily or because of prepayment in full, sums in the escrow account to pay the mortgage insurance premiums shall be remitted to HUD with a form approved by the Secretary for reporting the voluntary termination of prepayment. Upon prepayment in full sums held in escrow for taxes and hazard insurance shall be released to the mortgagor promptly. (Approved by the Office of Management and Budget under control number 2502 0474) [41 FR 49736, Nov. 10, 1976, as amended at 57 FR 9611, Mar. 19, 1992; 57 FR 27927, June 23, 1992; 59 FR 53901, Oct. 26, 1994; 60 FR 8812, Feb.15, 1995] 203.554 - Enforcement of late charges. (a) A mortgagee shall not commence foreclosure when the only default on the part of the mortgagor is the failure to pay a late charge or charges (203.25), except as provided in 203.556. (b) A late charge attributable to a particular installment payment due under the mortgage shall not be deducted from that installment. However, if the mortgagee thereafter notifies the mortgagor of his obligation to pay a late charge, such a charge may be deducted from any subsequent payment or payments submitted by the mortgagor or on his behalf if this is not inconsistent with the terms of the mortgage. Partial payments shall be treated as provided in 203.556. (c) A payment may be returned because of failure to include a late charge only if the mortgagee notifies the mortgagor before imposition of the charge of the amount of the monthly payment, the date when the late charge will be imposed and either the amount of the late charge or the total amount due when the late charge is included. (d) During the 60-day period beginning on the effective date of transfer of the servicing of a mortgage, a late charge shall not be imposed on the mortgagor with respect to any payment on the loan. No payment shall be treated as late for any other purpose if the payment is received by the transferor servicer, rather than the transferee servicer that should receive the payment, before the due date (including any applicable grace period allowed under the mortgage documents) applicable to such payment. [42 FR 15680, Mar. 23, 1977, as amended at 59 FR 65448, Dec. 19, 1994] 203.602 - Delinquency notice to mortgagor. The mortgagee shall give notice to each mortgagor in default on a form supplied by the Secretary or, if the mortgagee wishes to use its own form, on a form approved by the Secretary, no later than the end of the second month of any delinquency in payments under the mortgage. If an account is reinstated and again becomes delinquent, the delinquency notice shall be sent to the mortgagor again, except that the mortgagee is not required to send a second delinquency notice to the same mortgagor more often than once each six months. The mortgagee may issue additional or more frequent notices of delinquency at its option. 203.600 - Mortgage collection action. Subject to the requirements of this subpart, mortgagees shall take prompt action to collect amounts due from mortgagors to minimize the number of accounts in a delinquent or default status. Collection techniques must be adapted to individual differences in mortgagors and take account of the circumstances peculiar to each mortgagor. 203.604 - Contact with the mortgagor. (a) [Reserved] (b) The mortgagee must have a face-to-face interview with the mortgagor, or make a reasonable effort to arrange such a meeting, before three full monthly installments due on the mortgage are unpaid. If default occurs in a repayment plan arranged other than during a personal interview, the mortgagee must have a face-to-face meeting with the mortgagor, or make a reasonable attempt to arrange such a meeting within 30 days after such default and at least 30 days before foreclosure is commenced, or at least 30 days before assignment is requested if the mortgage is insured on Hawaiian home land pursuant to section 247 or Indian land pursuant to section 248 or if assignment is requested under 203.350(d) for mortgages authorized by section 203(q) of the National Housing Act. (c) A face-to-face meeting is not required if: (1) The mortgagor does not reside in the mortgaged property, (2) The mortgaged property is not within 200 miles of the mortgagee, its servicer, or a branch office of either, (3) The mortgagor has clearly indicated that he will not cooperate in the interview, (4) A repayment plan consistent with the mortgagor's circumstances is entered into to bring the mortgagor's account current thus making a meeting unnecessary, and payments thereunder are current, or (5) A reasonable effort to arrange a meeting is unsuccessful. (d) A reasonable effort to arrange a face-to-face meeting with the mortgagor shall consist at a minimum of one letter sent to the mortgagor certified by the Postal Service as having been dispatched. Such a reasonable effort to arrange a face-to-face meeting shall also include at least one trip to see the mortgagor at the mortgaged property, unless the mortgaged property is more than 200 miles from the mortgagee, its servicer, or a branch office of either, or it is known that the mortgagor is not residing in the mortgaged property. (e)(1) For mortgages insured pursuant to section 248 of the National Housing Act, the provisions of paragraphs (b), (c) and (d) of this section are applicable, except that a face-to-face meeting with the mortgagor is required, and a reasonable effort to arrange such a meeting shall include at least one trip to see the mortgagor at the mortgaged property, notwithstanding that such property is more than 200 miles from the mortgagee, its servicer, or a branch office of either. In addition, the mortgagee must document that it has made at least one telephone call to the mortgagor for the purpose of trying to arrange a face-to-face interview. The mortgagee may appoint an agent to perform its responsibilities under this paragraph. (2) The mortgagee must also: (i) Inform the mortgagor that HUD will make information regarding the status and payment history of the mortgagor's loan available to local credit bureaus and prospective creditors; (ii) Inform the mortgagor of other available assistance, if any; (iii) Inform the mortgagor of the names and addresses of HUD officials to whom further communications may be addressed. (Approved by the Office of Management and Budget under control number 2502 0340) [41 FR 49736, Nov. 10, 1976, as amended at 51 FR 21873, June 16, 1986; 52 FR 48202, Dec. 21, 1987; 53 FR 9869, Mar. 28, 1988; 61 FR 35019, July 3, 1996; 61 FR 36266, July 9, 1996]
2/17/11 I called to see what is going on and why I’m being charged the above amount for 2 months worth of mortgage. When I called, I got the collection department. The lady, Jeneta kept telling me I’m 5 months behind but could not tell me who they came up with that and there are no recommendations or options for me. She would not listen to me or explain anything to me. She said of the $1702 they just got, $618.72 went to late fees.
I then asked to be transferred to the payment research department so I could hopefully get some answers. I knew I sent a payment of $1702.00 that cleared my bank on 2/15/11, therefore my account should have been 3 months delinquent.
I also sent another check on 2/15/11 for $3405.00. (from my cashed out retirement fund). I knew they did not receive this check yet but when they do it should bring my account to 1 month delinquent.
When I spoke to Tiffany in the payment research department, she told me when BoA obtained my mortgage it was already 2 month behind. BoA showed I didn’t pay August and September 2009 payments. The 2 months where never received from TBW when the government shut them down and transferred my account to BoA. The first payment they received went to the October 2009 billing. She credited my account for the check they just received and said that made me 4 month delinquent.
At this time she also informed me my mortgage will be going up to $1867.06 as of 3/1/11.
When I hung up with her, I went back threw my bank statements to collect proof the TBW did withdrawal the August and September 2009 payments from my checking account.
After printing my bank statements, I called back to the payment research department and talked to Lisa. She told me to fax the paper work to them with a note stating my original mortgage was with TBW, and the August and September 2009 payments were deducted from my account by TBW proving documentation I was never 2 months delinquent when BoA took over the mortgage.
This was faxed to them at 800-595-8797 on 2/18/11.
Lost Payments: Sometimes, particularly when a loan is sold, payments are not applied to a buyer’s account.
2/21/11 received statement and escrow account review from BoA. This shows as of my new payment will be $1809.33 as of 4/1/2011.
2/23/11 my check # 4940 to BoA for $3405.00 cleared my bank. This check should put my account to 1 month late IF they took the 2 payments that were deducted from my bank account by TBW in August and September 2009 were credited to my BoA account after I faxed the proof on 2/18/11. (How is it legal for a loan to be raised in less then a week during the same month? Payment of $1702.00 was accepted as payment in full on 2/17 but the check for 2 payment totaling $3405.00 was not accepted as such. This seams to me to be a form of Bate and Switch. Bait and switch is a deceptive sales technique in which a store advertises its product or service at a very low price to lure customers into the store and induce the customers to buy a more expensive product by telling that the advertised product is no longer available or is of poor quality.)
03/3/11 received letter dated 2/22/11 stating “Please be advised that your information has been updated in our records.” I assumed this meant the fax I sent proving I made August 2008 & September 2008 payments to TBW cleaned up the past due amounts.
03/03/11 Looked up Will County Recorders office. My mortgage has never been updated with them showing BoA as my servicer. - this is a violation of Bifurcation. In every State the law is very specific in regards to recordation of public record at the County Hall of Records with regards to real property. Specifically all real parties of interest in real property must be recorded at the County. If someone has an interest in a piece of property, they MUST record this interest on public record.
When a promissory note is sold or assigned, it therefore must be recorded in public record to maintain perfected chain of title for security.
If there is a break in a chain of title, then bifurcation occurs where the Deed of Trust/Mortgage points to one party, while the promissory note points to another party.
Once bifurcation occurs, then the securities has been broken because State law has been violated. BoA has never recorded themselves with my County. (from http://www.weblocator.com/attorney/il/law/resreal.html#140
Residential Real Estate Law
Recording
In Illinois, real estate owners and parties with real estate interests are required to file with the county all documents affecting their interest in property in order to give public notice of the interest. Since 1992, Illinois titles are transferred under the abstract system. Abstract records go back hundreds of years and an abstract of title is a record of all the entries for that property. )
03/4/11 received letter dated 2/22/11 stating “We recently received your payment of $1867.06. This payment was less then the total amount needed to bring your loan up to date. However, w have applied he above referenced payment to your loan in accordance with your loan terms. The total amount due after we applied your payment is $5295.74. According to the phone conversation I had with Tiffany in the payment research department on 2/17/11 my mortgage was going up on 3/1/11. BoA processed my $3405.00 check on 2/22/11. (How is it legal for a loan to be raised in less then a week during the same month? Payment of $1702.00 was accepted as payment in full on 2/17 but the check for 2 payment totaling $3405.00 was not accepted as such on 2/22/11.)
03/4/11 - knowing my check was for $3405.00 which should of covered 2 months payments, I called BoA. I spoke to Irene who told me I was 4 month behind for a total of $1762.08. I explained I faxed proof that the Aug 2009 & Sept 2009 payments were deducted by TBW. She said they have received the fax and didn’t know why it was not credited to my account. She then transferred me to payment research.
I then spoke to Carol in payment research. I once again explained my fax that the withdrawals on 7/1/08 & 7/15/08 were applied to the August 2008 payment and the withdrawals on 8/3/08 & 8/17/08 were applied to the September 2008 payment.
She said she would sent this information to the origination department to make the corrections on my account since the payments were made before BoA took over my account. I then tried to discuss the check they received for $3405.00 but we got disconnected.
I then called back and spoke to Tim in the research department who was not helpful at all and he told me the my payments are $1867.06 so the check they received for $3405.00 only made one payment and 1 partial payment. (Once again, when I spoke to Tiffany in the research department on 2/17/11 she said my mortgage was going up to $1867.06 on 3/1/11and on 2/21/11 I received a statement and escrow account review from BoA that showed my new payment will be $1809.33 as of 4/1/2011.) Tim said that I am 4 payments behind and should call back Wednesday or later next week to see what is going on with the fax I sent about the Aug 08 & Sept 08 payments. I then asked why does every paper I receive and every person I speak with tell me a different amount due and a different amount for my payments. He did not know and said I should call back next week.
3/14/11 received letter dated March 9, 2011 stating “We received your request advising that your account has missing payments. We have attempted to contact you by phone… We require proof of these payments…”. I have a working answering machine and voice mail that picks up any called received if we are on the phone at the time of an incoming call. I have not received any messages from BoA.
3/15/11 I called my person bank. I told them of the situation with TBW being shut down by the government and my loan being transferred to BoA who has requested “30 days Bank Statement dated from when the funds were withdrawn from the account and Payment Remittance Pipeline or Bank Source Receipt”. The lady at my personal bank told me the bank statement would be all they have and it should have all the information BoA needs on it. I then faxed copies of my July 2009 and August 2009 bank statements to the attention of Chandra.
We will see where this goes - I have no faith in BoA as a servicer.
Darice - Chicago, IL |
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