Bank of America violates mortgage agreement, and wrongfully places me into Katrina Moratorium without my consent, then makes thousands of dollars in fees and interest.
Bank of America, Mortgage Division, Getzville, New York has completely disrupted my mortgage since late September currently December. Without my consent, BOA in Getzville, NY wrongfully placed my mortgage in the FEMA related Katrina Moratorium. I am experiencing similar abuse problems that many home owners did from Countrywide Mortgage.
To begin with, I reside in the Nashville, Tennessee suburbs and we are NOT declared eligible for the Katrina Moratorium for homeowners. BOA made a serious mistake doing this.
I was told during the initial phone conversation late September to BOA Getzville when I inquired about the Deferment Coupons in the last mortgage booklet. The BOA representative told me they could give me a three payment deferment for Oct., Nov., Dec. 2005 and the payments would defer to the end of the mortgage. I agreed to this with the understanding that this BOA person was competent to authorize this.
I have never missed ANY mortgage payments during the past nine years nor have I at this time. So, I did not make the Oct., Nov., and Dec. 2005 payments. Then during the first quarter 2006 I receive mail from BOA Getzville advising me that I had been placed in a Katrina Moratorium 90 days for the Oct., Nov., Dec.. BOA wanted me to pay the three months payments immediately. I call BOA they try to convince me that I am in this Katrina Moratorium and they avoid disclosing how and why I am in this program. This conversation is stagnated with BOA arrogant position that I owe the three payments in lump sum and the three payments will not be deferred. Letters are exchanged and under distress of their threats of foreclosure mail the requests documents regarding my financial statements for a reworking of my mortgage. Second quarter BOA advises me they cannot locate any of my mailed documents.
This is where is further spirals into deeper nightmare. I go back and forth with BOA Getzville about this and I make ALL payments on or before due date. Then July I meet with Branch Manager of BOA where I bank here. Manger advises me that BOA made mistake placing me in the Katrina Program, as this part of Tennessee was not declared eligible. The BOA manager makes several phone calls to BOA Getzville and receives the similar excuses as I do in the matter. Under extreme distress, I resubmit the required documents again to BOA Getzville August 20 the BOA manager here personally forwards these documents using delivery confirmation BOA Internal Mail System. I receive BOA Getzville letter early September saying they will call me within 10 days to discuss the reworking of the mortgage. There is NO phone calls from BOA. The BOA Branch manager here calls repeatedly on my behalf getting excuses for the BOA Getzville incompetence. This continues for 90 days it is November 16 before the mortgage rework forms are sent to the BOA Branch where I bank for me to sign. The account sits on one Getzville office employee desk for 60 days before I complaint, then another employee takes the account but is very clos 30 days to respond to this problem.
During this 90 days 08/19 until this date December 7 more acts of incompetence occur. November 2nd I receive in the mail from the Getzville office the BOA mortgage escrow account several pages from someone living in Virginia and this is not me. This clearly is violation of Federal Privacy Information Act and BOA, Getzville is responsible. Also, some of my private mortgage information is forwarded to unknown persons from the BOA Getzville office, this is two acts of FPIA violations. My personal information is circulating among unknown parties.
The November 16 repayment agreement from BOA Getzville increases my mortgage payments in the additional amount $317.00 per month OVER the original monthly mortgage amount thus, creating more distress. Now I am paying almost $1,100.00 monthly to BOA for a mistake them created.
Under distress the required repayment documents BOA Getzville are signed and faxed November 16 with the BOA Branch Manger here personally doing this with confirmation the documents are received in Getzville. November 26 I receive notice from Getzville office they cannot find these signed documents. I have the BOA Branch manager here fax on November 27 the SAME documents from his branch again to the Getzville office and we possess evidence again of delivery confirmation at the Getzville office. December 8 I receive threatening letter from Getzville office declaring they do not have these signed documents for the repayment agreement. Getzville office is blaming me again for their gross incompetence. Getzville office threatens foreclosure if they do not receive these documents. This is insane and reflects the BOA Getzville degree of incompetence and negligence.
For the record I made the first payment for this repayment agreement under the rigid terms the Getzville office demands on November 20 (This was eleven days before the due date) using Western Union directly to the BOA Getzville account with delivery confirmation. I will be making the December repayment before the due date to protect myself from further Getzville negilence. I do not trust the Getzville office to properly manage this account. Therefore, I do anticipate further negligence such as Getzville office to accuse me of not making the payments.
The more that I read about what happened to the homeowners with Countrywide as mentioned earlier. I see parallel of the problems Countrywide has with many homeowners under the Katrina Program. I am enraged that BOA Getzville has clearly made the mistakes concerning wrongfully placing my mortgage under the Katrina Program, then using fear, threats, and intimidation tactics to force me into submission to repay thousands of dollars that I dont not rightfully owe. They should honor the original agreement that defers the three payments to the end of the loan. The BOA Getzville office demonstrates chaos, laziness, blame shifting, incompetence and negligence with my account. I am penalized with them breaching the original agreement to have the Oct., Nov. Dec. 2005 payments to be deferred to the end of the loan. There is NO individual accountability exhibited at the BOA Getzville office.
I hereby go on record the above stated is factual and truthful to the best of my knowledge, with much documentation to sustain this statement.
I would be pleased to speak with any licensed attorneys, law firms, advocacy organizations, or government agencies with interests in matters as this. I do believe that I am not the only homeowner whom is experiencing severe mortgage problems from Getzville, New York office with this degree of abusive, negligent, and violations.
Tennesseeconsumer
Nashville Suburb, Tennessee
U.S.A.
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