We asked what our options are, and they stated loan modification, that we needed to give them information over the phone and then we would receive a packet in the mail, this went on for years. We would not receive it for months and our home would go into foreclosure every 2-3 months and we would call back non stop till it was stopped, and we got packets maybe every 6 months and they would deny us. One time they told us we made 50 dollars to little another was we made 300.00 to much, we are self employed and informed them to save what we could we were only paying ourselves what we needed to pay bills and we would start taking in what they needed us to.
We had one woman that was nice there, and she told us what she believed we needed to be taking in, so we did. And we called and called and finally had an answer that we made the modification, and would be receiving the packet to start this, this was in 2011. Apparently it took this long because if you do not send all of your paper work, through priority and have it signed for they will always deny receiving it, and will tell you papers are missing even though someone you talked to the week before says "we have everything we need".
We would resend the exact same paperwork, to have different people tell us different things. I would like it also noted no one would tell us what we owed so we could become current because obviously through the years of watching the news about how dirty this was all going down and how familiar things were sounding, so we requested it, they said they could not provide that information over the phone, and would have to send it through mail, we kept calling to complain we didn't receive it, and different people told us that is what modification is for so you don't have to pay it all back, it gets put at the end of payment.
I would also like it noted that we were never told we were going into foreclosure except in 2009, every time we found out our home was on the list again we found out from people driving by non stop and stopping in front of our house with crap stories, trying to get a peek inside.
So we would call Bank of America, and be informed yes it was and the date the sale was to be on, and we should of received paperwork and they would read off our P.O. box number every time, but nothing ever came. We pretty much got called liars about that.
Well to get to what is happening now while we were picking up our Christmas lights in early January, and after hearing in November 2011 we were finally excepted for loan modification, and waiting on our packet. We noticed cars driving by and the litter in our yard (which is what always happened when it went into foreclosure I got online and could not find any info about it coming up but I figured I'd better call BOA and sure enough it was scheduled for foreclosure on the 25th of Jan., we asked why stating they said we made the modification loan, and we were told we could only speak to our loan manager that not just anyone could speak to us this time. So we called sometimes 30 times a day with no answer. The message leaves a number of our case handlers manager and their manager. We called all these also with no reply.
Finally we spoke with (we couldn't fully understand her name) Mariam Bell I believe, and she said it was just like before, call her back 7 days before auction and she will stop it, which has become normal for us, we asked why this, when they told us we made the modification and she said she would look into it, and we will probably still receive a packet.
We informed her we don't ever get the packets except for the modification every so often. She said we should. So we try to call her back no answer.
We are traveling (my husbands work) and finally reach her again this is like 2 days before auction now with us calling somewhere up to 30-40 times a day and her message stating she gets back to people in 24 hours. We called different numbers they said we could only speak to her, but that they could make a note and send her an email that we are trying to get ahold of her. Finally she picks up says it wont stop unless we pay.
Well this is the first we've been told this and we asked if there are any other options, she said short sale, so we tell her we cant do anything that second but we know someone that would probably purchase it, if it came down to this, but we wanted a total of what it would be for us to pay back and could we get help with interest since no one would ever give us the total before.
She says she will try to stall it by putting it in that we agreed to short sale. (our friend did agree to purchase if had be) We were traveling through Colorado through the time and the reception was horrible and she was getting angry so we told her we would get a hotel and call her back from a landline, and to please answer.
Within 20 mins we found a hotel and she would not pick up, or call back. We couldn't ever get a hold of her again, so we finally got a hold of her top boss who said he would try to do it for us, he said call back early the day of auction and he will have it stopped, as long as we get paper work to him within a couple days we said we would, we talked to him at either 6 or 7 am and he said he would call us back to let us know it was stopped.
We told him we could pay it all please let us and he said he had to call us back. We sent my mother up there to bid in worry they may do this, to bid on the property, if they did not stop it.
My mother was very confused and talked to someone at the court house who showed her the attorney office that was there representing the bank. She was told they were going to go all the way to 437,000.00 or something to insure no one would be able to buy it.
Our home is not worth that much it is worth under 400,000.00 last appraisal. The woman told my mother that when the number was called she could bid then. We sent my mother up there with 10% down, before we knew what they were planning to do.
Well the house number was called and the banks attorney walked up and the auction was over THERE WAS NO BIDDING!
The guy finally called us back 1-2 hours after auction and said sorry he got busy, and we told him what had just happened as he already knew, but we told him my mother never got to bid he said that usually happens, when banks want to work with people, and try to do another style of loan with them, and just wait for packet.
We had nobody to contact after all this we just kept calling bank of america with no reply at all this time. The only contact we got was from a real estate woman and she said she was just hired to do regular checks to make sure it was still occupied by the owners, we even told her what was going on and she told us the same thing, that a lot of times especially with us having 4 children that the bank wants to work it out and she would also try to contact them for us, we never heard from her again.
Just 6 days ago we were served with papers to vacate property in 5 days. Thats when we hired a lawyer. We were scared to do it before in fear that it would just make them mad, and not work with us.
They said it did not make sense of why it says it sold for 3, 500.00 dollars and wanted to look into it and have the ex district attorney do it also, and the fact there was never an actually bid that took place and that the woman only walked up to podium and it was over., they agreed something didn't look right.
They have tried to contact Adock Herschell office, (the attorney representing this for BOA) only to be able to speak with LIsa, who said she would get back with them, they would call on daily basis just for her to say she still hadn't heard anything yet.
Well when the ex district attorney came on he said, we would just sink thousands of dollars into this with the same outcome it would just buy time for us. We found out why were weren't receiving papers it was because unknown to us we were hired a curator, who the lawyers said in our file (courts papers) never showed one sign of trying to get ahold of us in these years. And that BOA had already sold our loan to The Bank Of New York in December thats why there was no auction.
We have begged the lawyers for help, because we don't see how this could be legal, but they said there is nothing illegal about underhanded foreclosure practices.
We even got told we should of paid, even though he knows we tried, his response did you have anything in writing, which is a low blow seeing as that was our whole problem he knew we weren't getting anything.
They told us that they gave us till the end of the month so, pretty much we should be content with that and move on. We told our other attorney we wanted to see if we could buy it back fully, our friend said he would do it for us. And our lawyer has been telling us he is waiting for an answer, that started last Wednesday. We told him we wanted it in writing that we have asked for this number and he said on Friday he would get it, well we only have till the end of the month, I've heard and read all the horror stories, about what comes next.
The ex district attorney told us we have no case, we asked how they can act like they are having a bidding if they already sold our home a month before he said they just can.
We asked what about not receiving anything from the curator, he said we could have something there, but that we were just going to sink thousands of dollars into the same result.
Why do they not have to notify us, or give us a chance to pay? They wouldn't even answer the calls to pay it. I told the lawyers we were going to contact all other outlets and they didn't have much of a response.
So here we are, begging for help this can't be legal. This isn't just our home, this is stability, this is where our kids love, this is our family, this was all we ever wanted, and I'm being told I can't do anything about it no matter what, and they can keep doing this to anyone they choose.
We need someone to see us as people and not just more paperwork. Please help us.
Please let us know who to send this to, Im sorry it is so jumbled and messy with the writing but, it is hard to describe everything that has taken place.