Music by The Refusers

Thursday, November 28, 2013

Brian Dillard Is Asking For Your Help - This Is A David vs. Goliath Story



I would appreciate any media coverage in regards to my complaint below. If you know of anyone that can provide media coverage for my issue, please let me know. Despite it being the “holidays” or “holy days” for some, for others, it is a time of grief; especially when your home is being threatened by your bank for NO LEGITIMATE REASON! If you reshare, please ask people to comment on this main post. My head is spinning with all of the responses.

I am currently having a problem with my bank +Bank of America in regards to my mortgage. Despite NEVER missing a payment, and NEVER being late, I have been placed in their foreclosure department. So how did this all start?

Two months ago I applied for a home loan modification, based on the HAMP program (Home Affordable Modification Program). This is a program that is supposed to help homeowners who are still paying their mortgage, but need to modify due to changes in income. Bank of America assigned an “account manager” to handle my account; with whom payment arrangements, modifications, and discussions about my mortgage would take place.

From the first time I spoke with her, she referred to my property as being “in foreclosure;” despite never missing a payment. When she has spoken with me, she has had to be repeatedly reminded that I requested a modification of my mortgage, and was NOT in foreclosure. She started each conversation off explaining that the foreclosure proceedings have taken place, and has discussed my “occupation of the property.”
She also stated that she is the “account manager” in the foreclosure department. After my explanation that I had applied for a modification, and should not be in foreclosure, she placed me on hold (each time), and eventually comes back to the line and say’s that she has seen the notes about my modification and she is part of the “modification department.”

I provided all of the necessary paperwork for a modification almost 2 months ago, and have yet to see any attempt at modifying my mortgage. I spoke with her last week, and was told that the application was not yet submitted to the underwriter, because of the “foreclosure status.” Once again, I had to start over, explaining that I am not in foreclosure, but instead requested a modification of my mortgage.

The very first time that I spoke with her, she was unfamiliar with HAMP, and stated that the best way to modify my mortgage was to stop making payments. This does not seem like legitimate or sound advice, especially coming from the bank that I am making payments to. I believe an attempt at fraud is being made by Bank of America in order to foreclose on my home.

I believe that since I have equity in the property, and because my finances have been laid out according to the HAMP program, delays are taking place to force a foreclosure on my property, rather than a legitimate attempt at modifying my current mortgage.

I have complained and requested that my complaint be escalated, but nothing has been done, after dealing with the same account manager for over 7 weeks. I spoke with Bank of America today, this time, with a different representative, who asked if I had yet to “vacate the property.”
We have made every attempt that we could to modify our mortgage because we are going to keep our home. There is no reason the threat of foreclosure should be used on people that have kept their mortgage in good standing.

This makes NO SENSE, and is really putting a hamper on our attempts at enjoying the holidays. To make it clear, we have NEVER been late, NEVER missed a payment, and NEVER had a problem with the bank PRIOR TO APPLYING FOR A MODIFICATION.

If you are an anti-regulation person that wants to argue, please refrain from turning this into a heated discussion and consider posting elsewhere or keeping your opinions to yourself.

I apologize for misspelling foreclosure on the image. I was a little frustrated when I created it.

UPDATE: To answer some of the questions that I have been asked, I am updating the post. I have not received any official notice in writing from the bank; only verbal communication from their reps over the telephone. I currently bank with the above mentioned bank, and all online access to my mortgage account stopped once I applied for the modification. According to them, it is standard procedure. So, I can only make payments through a specific number, or by mail, but am unable to review my mortgage payment history, etc.
I did not want to wait to get notice in writing before posting about this; I should not apply for a modification and be treated as a non-paying customer. Nor should this have ever come up in the first place since I am current on my mortgage payments. That is what concerns me the most, and why it was so unexpected. I thought it would have been worked out by now, but it is continuing and is making no progress.

I have had a similar experience with a fraudulent bank a few years ago when a home that we were renting was foreclosed on. We attempted to buy the home in a short sale from the owner, but the bank would not sell to us and we lost several of our personal belongings when we were locked out of the property. I won't share the name of that bank, let's just say, we were "Chased" out of the home. That was scary then, and we didn't own that home... This is scarier to us because we have spent a great deal of money for this home, and for the first time in years, we are no longer upside down on the mortgage because we make extra payments every year and the property value has increased.

This morning, before posting this, I filed complaints with ever possible channel I could find; Consumer Financial Protection Bureau, FDIC, Federal Reserve, State Attorney General, FTC, and a few others. The purpose of me posting this was to share my story, get suggestions from the wonderful people in my circles, and use this to gain whatever media exposure I could now before it gets worse later. I am afraid that if I waited any longer, it would only get worse.

On a side note, I also requested that my PMI was removed from my payment since I meet the criteria, and was told that they will not take my current value, payments, or length of time under consideration. This would have saved me over $150 per month. PMI is a rip off, and unnecessary because I meet the qualifications to have it removed.
Thank you all for the suggestions and support. I have tried to thank everyone that reshared this, but it is difficult to get to everyone. I appreciate your support.
 
 

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