Having a successful(or so I thought)PERMANENT MODIFICATION via Bank of America after falling behind from being hit by drunk driver. Contacted BofA, advised to stop making payments in order to qualify for a modification, so I did, 4months later, foreclosure begun. Finally, having to retain legal counsel, and within only a matter of a few months, and a trial payment period of 4 months, I had a permanent loan modification, all arrears forgiven, loan brought current, and at 2.0% for the life of the loan. That was finalized March 2015. So from December 2014 - March 2015 the trial payments were made. I was informed of the approval and signed final papers in February 2015. April 01, 2015 was the 1st official new payment. Payments continued smooth sailing throughout the remainder of 2015. Payments were made in person at the banks drive thru teller window each month. 2016 was here. January, Feb., March, April, no issues. THEN:
MAY 2016 the nightmare: Upon presenting my check I was informed I did not have an account at BofA. 1st time homebuyer, single mom, didn't even know the loan could be sold. Was given the name of Rushmore Loan Management Services, no phone #. Went home, located a contact # via the internet and called. Explained what had just transpired and that I wanted to make my mortgage payment. After providing my personal information and confirming I could pay by check(considering I still had the check made out to BofA) I proceeded to provide the routing # &account# to my Wells Fargo Bank Personal Checking Account. Then I stated the amount to be paid. The same amount I had been paying for the previous 16 months. I was corrected and given an adjusted, increased amount due. I explained the circumstances, as well as my unsurprised rationality this should have been expected considering now a new entity was involved so of course the amount must be higher. Again I stated the amount I wanted to pay and I was told the amount due was the only payment to be accepted. After voicing my concerns of not knowing who they were or what happened to my loan, I was not comfortable paying anymore than what my contract stated and requested for documentation of something to confirm what was going on.Waiting 2 weeks, receiving nothing, and now my payment being late, I called again. Same scenario. Amount given to be paid, once again corrected, except now the amount was doubled. Refusing my payment of the original amount, stating I would pay the rest ONCE I HAD SOME FORM of identification and explanation of what had happened to my loan. I explained it was of urgency I make this payment bc it was a modification and I did not want ANY issues. Payment refused unless the full amount paid, and amount was NOT what had been the prior obligation, now it was more. The phone call ended. Within a few days I signed on to my checking account to check on something and if I was not floored!!!
June 24 2016 This bank had illegally accessed my checking account and had withdrawn nearly $4000.00 (by storing my personal info from the previous 2 attempts I had made - equiv. 2 mos mortg pymnts-THEIR amount) as an ACH debit! THEN.... July 15, 2016, $2000.00 and again July 31, 2016, $2000.00. Reflecting FOUR CONSECUTIVE MONTHLY PAYMENTS. However, done in a matter of 36DAYS!!(that was not realized until later). Due to a tragic personal loss of my daughters 18 yo BF from an auto accident, things were very unstable and in shock at our home. Knowing the process that had taken place with the payments, still not in agreement but felt since the payments were being made, that was my main concern, I would address the amount once I had my daughter in a more stable mental state, I did not follow my account. All transactions were the same every month. on auto pilot and I was led to believe this was going to be the process regardless.
March 28, 2017 I was served foreclosure papers. BECAUSE after the July 31 payment initiated as an unauthorized ACH, the ACH transactions abruptly stopped. So,
August 02, 2016 (follow me here) became delinquent. Then,
September 20, 2016 a letter of a notice of intent to foreclose was sent. (never received but have copy from court doc's) then, of course the serving of the papers..
Furious, feeling completely violated, I had to process what was happening. Sending in my own response on the 21st day, finally making contact and in communication w/ a rep in August 2017. Having an issue w/our schedules making phone contact, I sent an email. He replied he would be "limited" w/ what he could discuss via email, however, I informed him I was not. Detailed, informative, nothing left out and all transactions noted, unauthorized, I gave my case. Never another word I heard. 3 more emails and a phone message and he was no where to be found. Time continued on. Next thing I knew, it was
April 2018 and I was being served Foreclosure papers......wait! what?!! okay.... must be a continuance because the papers read the same. Again, same process except this time I cannot make contact w/the person assigned bc every time I call I am transferred to a Spanish speaking vm, EVEN WHEN PRESSING 1 FOR ENGLISH. I hire an attorney, 2 years later here we are, almost $10,000.00 later and just had foreclosure trial rescheduled because now all of a sudden, Bank of America pops in the trial w/ the witness my attorney had supposedly been trying to serve for depo but could not locate. Judge allowed to continue and my attorney did depo, unplanned, within the next 30 minutes. This guy is a joke. Forgive me. It has been a circus from day 1, unorganized, no information for me, wrong info given, no answered emails with questions, but MOST concerning is the fact that:
He has not raised one argument to the attention of the NUMEROUS violations that have been orchestrated that are FEDERAL RULES AND REGULATIONS! I apologize for this length but I don't know how to make it simplified. I have asked him if he sent a QWR - he states he did not because he has all he needed with his discovery. After sitting beside him in trial and he just sat there like a bump on a log, never objecting to allowing this unannounced witness AND attorney have the right of way, simply whining he had done all he could do to locate her and he felt prejudiced this would be allowed. THATS IT. Bank of America should have NOTHING to even do with this, am I wrong? They are claiming to have records they will use. For what? I thought it was "forgiven". What am I missing? I have had to BEG this attorney to PLEASE raise the issue of the unauthorized ACH transactions, the 36 day rule, etc etc etc and ALL he will focus on is THIS:
So apparently in 2017, December 20, the foreclosure was dismissed and the loan was re instated. However, I was never notified, therefore, I could not make good of an obligation if I had no idea an obligation even existed. Loan Reinstated 12/20/2017, Foreclosure again, April 11, 2018. Bank is claiming the 2017 reinstatement was a mistake. However, judge signed all was official. My Attorney is fixated on THIS ONE AND ONLY ARGUMENT, claiming I was never given the opportunity to make the loan current or keep current bc I had no idea of the reinstatement. True. But come on! Its not black and white. Not to me. What is black and white though is this, and PLEASE tell me if I have this all wrong. Let me add: I took it upon myself to format an Information Request Letter asking for copies of authorization for any/all ACH debits from my personal WF checking account, as well as, any copies of authorizations for any/all Revocation of Authorization for same. He has completely turned his head of this. I have stated from DAY ONE: I WANT THIS BANK HELD ACCOUNTABLE FOR THE ACTIONS THEY HAVE COMMITTED AGAINST ME which in the layman mindset I have that picture is colored as FRAUD!! I have told him over and over I want to be compensated and this is NOT just about this foreclosure, and have told him if I need to find another attorney to take care of this to tell me now because this is not it for me. And nothing. BUT THE BLACK AND WHITE : FEDERAL RULES AND REGULATIONS w/ RESPA and X and Z (I don't know the exact terminology) but what I understand the way this is viewed is a contract. Who breached the contract 1st? RUSHMORE did. How? By not honoring the terms of the permanently modified loan they began servicing from BofA, #1. Then-2. REFUSING MY PAYMENT, 3. NOT ONCE BUT TWICE. 4. ILLEGALLY UNAUTHORIZED ACH DEBITS INITIATED 5. ON THREE 6. SEPERATE 7. TRANSACTIONS, then 8. ABRUPTLY HALTING WITHOUT REVOCATION OF AUTHORIZATION 9. and proceeding to foreclose without ANY efforts after delinquency which would be the 10. 36 day rule of making "live" contact, then 11. 45 days written notice, and if that's not enough 12. After the 12/20/2017 re instatement and then the April 11, 2018 foreclosure, the time frame between the 2 dates DO NOT REFLECT THAT OF THE MANDATORY 120 DAYS THAT MUST BE BETWEEN. Am I really losing my mind? PLEASE help me understand.
Break time!! xoxoxoxo