After being in various loan modifications with BOA for approximately
2-1/2 years, we attended a workout program at the convention center in. We were there from 11:00 am to 6:30 pm.
They were having problems with their computers and at the 3rd stage of the interviews we were told it was looking good but they still couldn't get a final answer because of computer problems and took our cell phone and home phone numbers. A man called Tim called the next morning and said everything was approved but they had to send the documents to Bank of New York Mellon who was an investor that held the actual mortgage. BOA was just their agent. Never had that information before and were told as soon as Bank of New York Mellon reviewed the documents with BOA's recommendation it be approved, we would hear from them. Did not hear anything for weeks and followed up with BOA. They assigned an "advocate" for us to contact. After already having sent numerous documents, they kept asking for more and we provided whatever they asked for even though they already had most of these documents. Received a call from our advocate on 11/2 with a whole list of instructions and a trial payment amount to be sent on the first of November, December and January. She also gave a fax number for the documents we received from the work out program to be faxed to. I told her we had received a folder at the end of our day at the workout program but I didn't know what was in it. I thought it was just the documents we brought with us to the program but if anything pertaining to their approval was in there I would fax it. It was late on 11/2 so the following day I searched the folder and all that was in there were the documents we had brought to the convention center. Called our advocate to tell her the documents she was asking for were not in there but in the meantime we had gotten a certified check from the bank for the amount she said was to be sent overnight express. We were in the process of doing this when she finally returned the call from early that morning and said we were still under review because we had not faxed over the documents she requested. I reminded her that in our phone conversation she did not say this modification was based on these documents or we would not have gone ahead with obtaining the check. She stated I misunderstood her and I told her I did not or I wouldn't have gone to the trouble of getting a certified check. I also asked if she had contacted the Bank of New York Mellon that they probably had the paperwork since we had been told everything had been sent to them for review. She said nothing had been sent byBOA even though that was what we were told. I then said what are we supposed to do with the check. She said hold on to it because after this final review the amount may change. I stated I was very upset with them because this was at least the third lie we had been told and asked if they were setting us up to fail. She then turned me over to her supervisor who gave me the same line and I reiterated that now we had to wait again for another review and amount. She said to go ahead and mail the certified check we had and I asked why when her associate had told me not to mail it. She got a little testy and said well I'm telling you to mail it. I said after what you have put us through I'm not sending this large a check without some documentation from you stating you told me to send this check even thought it was not the right amount. She then got angry and said "so you refuse to send the check". I said no I didn't refuse, I asked for documentation in writing that this is what you want us to do. She then informed me that she was documenting my refusal and it may be used against me in a review. This was not what I said but she had already hung up. I'm sorry that this explanation is so long but believe me I tried to make it short as possible. This was only one days worth of conversation and so called misunderstandings. There has been 2-1/2 years of it and they have been adding interest and penalties for this long amounting to a little over $35,000.00. Everyone seems to be afraid of the big banks especially BOA which has been exposed in many schemes (one of which you aired on 60 Minutes). We need some really good advise or the name of a good lawyer to see what recourse is open to us. Please help.
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