F01.justanswer.com



Walter Kenneth Carder

7111 Ellison Road

Stokesdale, NC 27357

Bank Of America

Loan Modification Journal

Original Loan #: 6633893331

Mortgage Loan #: 872055584

A. I was laid off from my previous employer on October 30, 2009.

B. My annual Gross Salary for the year of 2009 was $87,707.84.

C. By the end of June 2010, I had used up all available resources.

D. On July 7, 2010, I contacted Bank of America to inform them of my financial situation, that I was unemployed and could I apply for the loan modification program. BOA’s website advertises that BOA will forgive three monthly payments. When I spoke with the representative of BOA, he confirmed the policy and told me that if I was not employed after I had missed my third payment, to call the bank (BOA) and they could work out another plan. He said that if I am employed on or before the third payment is missed, to contact the bank (BOA) and inform them that I had returned to work and they would move the three missed payment to the end of my loan. BOA sent me the application for the program via Federal Express. I completed the application and returned to BOA via Federal Express on July 15, 2010.

E. On July 23, 2010, I called BOA and inquired about my application. I was told that my application had been received and that it would take approximately 30 to 45 days to complete the process.

F. On September 3rd, 9th, 17th, 24th and October 1st I called BOA to inquire about my approval. Each time I was told that my application was in process and that I should receive notification from BOA within a week or two weeks.

G. On October 8, 2010, I called and received the same response as received in my previous telephone calls. I asked to speak with a Manager. The Manager informed me that there were missing documents from my application. I was given a list of these items, which were not in the original application request or were duplicates of information already provided to BOA.

H. On October 11, 2010 I began my employment with Texturing Services, Inc of Martinsville, VA at an annual salary rate less $32,000 from my previous employer.

I. On October 12, 2010, I faxed all request documents to the Manager with BOA.

J. On October 13, 2010 I called the Manager with BOA and she acknowledged receipt of my documents faxed on October 12, 2010. I informed her then that I had accepted a new job with my current employer. Once again she informed me that I should receive documents via Federal Express outlining the loan modification agreement within the 30 to 45 days.

K. On November 5, 2010, I received a letter from BAC Home Loans Servicing, LP informing me that my loan is now in Foreclosure. Once again I call BOA and they informed me that this was just form letter, that I was in the loan modification program and that I did not have to do anything. I attempted to make my November payment at the local branch office of BOA and they informed me that they could not accept the payment because my loan was locked for some reason. Apparently from the correspondence that I have received recently, BOA is not going to move my three missed payments to the end of my loan as advertised and as explained to me on July 7, 2010 when I initially applied for this Loan Modification Program. It is also very apparent that my loan is indeed in foreclosure and what the BOA representative told me earlier on this date was nothing but a lie!!! I went to the mortgage office within the branch office and found there was a security lock on the door. A lady came to the door and I gave her a brief explanation of my situation and asked her if I could speak with someone. She said that they do not handle these types of situation and all they did in this office was process new mortgages. I asked her who I should contact and she gave me the same “Customer Service” number that I have been calling for the past three months.

L. On November 22, 2010, I received another letter from BAC Home Loans Servicing, LP informing me that my loan is in Foreclosure. Once again I called and received the same information as on November 5, 2010.

M. On December 2, 2010, I received another letter from BAC Home Loans Servicing, LP providing me with a Reinstatement Calculation. This letter was dated November 19, 2010 and is stating that I have until December 1, 2010 to pay $8,385.79 to reinstate my loan. Why did this letter take 13 days in the mail to reach me? I called BAC and got the same run around and that I did not need to pay anything because I was in the loan modification program. I told the BOA Representative that I owed two payments (November and December) for a total of $2,774.30 and that BOA was suppose to move my missed payments of August, September and October to the end of my loan. I told her that the total of these three payments was $4,161.45. I asked her where the difference of $1,450.04 came from. I told her that I was not going to pay all of their legal and processing fees because they did not do what they said they were going to do. I told the BOA person that I did not have enough money to make this entire payment. I told her that I attempted to make my November payment and was blocked from doing so. I told her that I wanted to make my November and December payments, but I was not going to pay their legal fees because someone at BOA had dropped the ball and not moved my three payments to the end of my loan. The BOA Representative then told me that she would check into my situation and that someone will contact me to finalize this process and get the three payments moved to the end of my loan.

N. On December 3, 2010, I went to my local branch and spoke with the Branch Manager. She called BAC and she received the same explanation that I did.

O. On December 13, 2010 I received a call from Michelle Elderkin of BOA. Her email address is michelle.elderkin@. Her telephone number is 877-430-3413 extension 15421. She said that she had been assigned to my application and need further information. The information she was requesting was the same information that I had provided BOA in July and again in October.

P. On December 23, 2010, I emailed Michelle Elderkin of BOA all but two of the documents she required for my loan modification. ONE OF THE DOCUMENTS SHE WAS REQUESTING IN HER EMAIL WAS AN IRS TAX INFORMATION RELEASE FORM. SHE SAID THAT IT NEEDED TO BE SIGNED BY BOTH MYSELF AND MY WIFE. SHE STATES IN HER EMAIL THAT THE ONE SHE HAS IN MY FILE IS OVER 5 MONTHS OLD AND DOES NOT INCLUDE MY 2009 TAX FILING AND INFORMATION. THIS IS A KEY CONFIRMATION THAT BOA RECEIVED MY APPLICATION AND DOCUMENTATION IN JULY 2010.

Q. On December 23, 2010, I received my first notice from Nationwide Trust stating they were working on behalf of Bank of America; my property is now in Foreclosure and notice to sale my property on March 9, 2010. I called Nationwide office and was informed that someone from BOA would have to contact their office to confirm that I am in the loan modification program to stop these proceedings.

R. On December 30, 2010, once again I went to my local branch of BOA and spoke with the Manager. She faxed the remaining documents to Michelle Elderkin. One of these documents was a Tax Return – Information Release Form (4506-T). Michelle said that she needed an update version of this form because the one she had in my file was over five months old. (This was the original one I sent to BOA in my original application on July 23, 2010.) The BOA Branch Manager also contacted BAC and they gave her the same run around that I am in the loan modification program. I had her asked BAC if I could make a payment and the person said that would help my situation. The Manager then prepared a Certified Check in the amount of $1,400 and I mailed it to BAC, Wilmington, DE. The BOA Manager faxed the two remaining documents to Michelle Elderkin to complete my loan modification paperwork and I received verbal acknowledge of receipt. On Friday, December 31, 2010, I received an email from Michelle stating she had received the documents.

S. Within the emails to and from Michelle Elderkin, she states that BOA has all necessary documentation to complete the process of my loan modification and that on December 31, 2010; she presented my information to the Under Writing Department of BOA. She informed me on the telephone this process would take between 30 and 45 days and that I would receive the Loan Modification Proposal in the mail via Federal Express for my signature and approval. However, in her email of 12/31/2010 Michelle states this process could take as little as 30 days or as much as 120 days. She also informed me that she did not have the authority to contact Nationwide Trust to stop these proceedings.

T. On Monday, January 4, 2010 I was served papers from Clerk of Superior Court of Guilford County to conduct a hearing pursuant to N.C.G.S 45-21.16 et seq. with respect the above-referenced Deed of Trust on February 16, 2011 at 9:00AM. It also states if so ruled by the Clerk of Superior Court that the foreclosure sale will be held on March 9, 2011.

U. Within this “Notice Of Hearing”, Nationwide claims on Page Two: “The borrower has not requested information from the noteholder or servicer”. After reading this entire letter, anyone will come to the conclusion that this statement/claim is TOTALLY FALSE. Apparently Nationwide and BOA are not communicating or BOA has flat out lied to Nationwide.

V. Also on Monday, January 4, 2011 I received a letter from Nationwide office offering four options to solve this situation. They were: Reinstatement, Repayment Plan, Modification or Short Sale. The form attached in this letter is the same information that I have provided to BOA three times for the loan modification program.

W. On Monday, January 4, 2011, I called the Customer Service number provided by Michelle Elderkin (800-669-0102) to have someone from BOA contact Nationwide Trust to stop these proceedings. I spoke with a lady by the name of Latrita. I informed her of the letters and the “Notice of Hearing” from the Clerk of Superior of Guilford County. She pulled up my file and said that she can see all of the telephone calls, documentations and that my file has gone to “Underwriting” for final approvals. She said that I would receive in the mail via Federal Express documentation of the “Loan Modification” for my approval. When I asked her to call Nationwide Trust to inform them that I am in the Loan Modification Program, she said that she could not do that. She informed me that I would have to call back 14 days prior to my hearing date of February 16, 2011 and BOA would postpone the hearing until my Loan Modification is finalized. She said that I was in the final stages of approval and would probably be approved prior to this date. She said that BOA has no intention to Foreclose or the Sale of my Property. I then asked her why she could not contact you (Nationwide Trust) to stop the proceedings now. If you are working on behalf of Bank of America, then it is extremely apparent that neither one of you are communicating. To say “The borrower has not requested information from the noteholder or servicer” as your basis for this hearing, well after reading this letter, I will let the Clerk of Superior Court be the judge.

X. On Monday, January 10, 2011, I received several copies of the Nationwide letter dated December 29, 2010 and two copies of the “Notice of Hearing”.

Y. On Thursday, January 13, 2011 I received the $1,400 BOA Certified Check in the mail returned from BOA. The reason BOA returned this check to me as stated in their letter was: “The amount remitted does not represent the total due. Certified funds are required.” This was a “Certified Check from BOA to BOA???

Z. On Friday, January 14, 2011 I sent Michelle Elderkin another email explaining the actions taken and the return check from BOA. In her response to me she stated that she still needs one additional paycheck stub. On December 31, 2010 her email to me states that she has everything she needs from me and that she was taking my file to the under writing department for approval. I faxed her a copy of my December 31, 2010 check stub. I went to the local branch of BOA and spoke with Mrs. Perry again. I showed her the returned check. She called BOA Loan Servicing LP again, because on December 30, 2010 we were both told that I could make a payment with a certified check. We both spoke with a lady at BOA Loan Servicing and she informed both of us that they could not accept any payment unless it was the full amount past due. Mrs. Perry told her this was not what we were told on December 30, 2010. I deposited the check back into my checking account.

AA.On Saturday, January 15, 2011 I received an email from Michelle Elderkin stating she had received a copy of my December 30, 2010 pay check stub and that she would get my file into under writing immediately. Does this mean that she did not give my file to under writing on December 31, 2010 as she stated in her email? Has my file laid on her desk for the past two weeks? Michelle stated in her email on December 31, 2010 that she has everything she needs and was giving my file to under writing that day. Now on January 14, 2011 Michelle states that she is still waiting on a copy of another pay check stub. This is typical of the transactions I have experienced with several BOA employees for the past six months. I send them documentation, they acknowledge receipt, they state this is all they need to complete the process, and I called BOA a couple of weeks later to inquire about the process and am informed that they need additional documentation to complete the process. At 1:44PM on Saturday, January 15, 2011 I received another email from Michelle Elderkin requesting that I print, sign and fax back to her the Dodd Frank Form. In her email she states, “I’m needing one last thing from you…” She states I replied via email to Michelle that I would send, date and fax this form to her on Monday, January 17, 2011.

BB. On Monday, January 17, 2011 I received a call from Judy LeGrande. She said that she was in the under writing department of BOA in Arizona. She said that she needed a copy of my Homeowners’ Annual Dues Statement. I informed her of Michelle’s request for the Dodd-Frank Certification. Judy then requested that I fax her a copy of the Homeowners’ Dues and a copy of the Dodd-Frank Certification. She also requested that I fax copies of these documents to the Investor. I faxed copies of both documents to Judy LeGrande, Michelle Elderkin and the Investor. I asked each party to response to me via the receipt of the documents. Michelle responded almost immediately that she had received the documents.

AC. On Tuesday, January 18, 2011 I called Judy LeGrande of the BOA Loan Modification Under Writing Department. She informed me that she had received the Homeowners’ Statement and the Dodd-Frank Certification. She said that she had forwarded my file to the Loan Modification Department late on Monday, January 17, 2011. She said that the process may take between four to eight weeks before I would receive the actual Loan Modification Agreement for me to approve, sign and return to BOA. She said that I would receive the Loan Modification Package via Federal Express. Judy LeGrande’s direct telephone number is (877) 430-3413 (ext. 23446). Her fax number is (415) 228-6577. The Investor’s fax number is (888) 258-7329.

AD. On Wednesday, February 2, 2011 I called the BOA Customer Service number to have someone contact the appropriate people to either stop or postpone the February 16, 2011 hearing. I was told by the BOA personnel that they could not do that and that I would need to contact the attorney myself. The BOA personnel gave me the number to call. I called the attorney’s number and found out the attorney was Nationwide Trustee. The gentleman informed me that I could not make this request and that someone from BOA would need to give Nationwide an authorization to stop or postpone the hearing and sale of my property. Run around and more run around.

AE. On Thursday, February 3, 2011 I received a letter via Federal Express from BOA Home Loan stating that I am not eligible for a Home Affordable Modification because my loan payment ratio to my Gross Earnings is less than 31%. So for six months (four of which I was unemployed) BOA did nothing to complete this process after I was told twice (July and October 2010) that BOA had received all documentation to complete the process and that I should hear something within 30 to 45 days. However, during November 2010, I informed BOA that I returned to work at a much lower salary and again on December 13, 2010 I informed Michelle Elderkin of BOA, she requested copies of my pay check stub. The third attempt for a loan modification with BOA actually began on December 13 and all necessary documents (which the vast majority was duplicates of the same information provided in July and October 2010) were received on or before January 17, 2011. There was big difference, I was now employed. Apparently the Loan Modification Program which I was denied eligibility is not the program that I originally applied. However, with the updated information and my new salary information, it only took BOA SEVENTEEN DAYS to deny me. Within this denial letter, BOA provided four other options to complete this process. The letter also states that someone from BOA would contact me within 10 days. It also provided a telephone number that I could call to discuss the situation.

AF. On February 4, 2011 I called the telephone number provided in the BOA letter dated February 2, 2011 to speak with someone regarding this situation. The first time I called, I held on for 48 minutes and finally hung up. The second time I called, I held on for 36 minutes when someone picked up the telephone, did not say anything and then just hung up. The third time I called I spoke with a lady who could barely speak English. She kept saying that someone would contact me within 10 days. She told me that I could not make any type of payment because I was in foreclosure. Then she told me that I was wasting my time calling this number and she hung up on me.

AG. On February 8, 2011 I called the number again. Once again I was switched to three different people. I finally spoke with a gentleman and he said that he would take my information over the telephone and give it to the Loan Modification Department for review for another type of modification. He wanted an updated Income to Expense Analysis. I told him that I did not have the figures here at work and that I would call back and give them to him. He told me that I could call anyone in his office and give them the numbers. I called back that night and the lady I spoke with could hardly speak English and got the impression that she did not care.

On February 14, 2011 I called the Clerk of Superior Court of Guilford County, NC to inquire about my hearing on February 16, 2011. She informed me that the hearing had been continued and she did not know when it was to be rescheduled. No one from Bank of America or Nationwide Trust informed me of this situation.

AH. On February 14, 2011 I called the Home Retention Department of BOA. I told the gentleman that I had called a lady to give her my updated Monthly Income and Expenses and wanted to make sure she had recorded the correct information. The gentleman informed me that I was required to make a payment as a partial reinstatement of my loan before BOA could receive any information to update my file and consider me for any other Loan Modification Programs. This was not what I was told in the letter and during my conversations on February 4 and 8. He gave me instructions to wire the funds to San Francisco. This gentleman also informed me that my sale date of my property was now June 8, 2011. I asked this gentleman to provide me with a fax number in which I can fax information and documentation directly to the Loan Modification Department. He gave me 1-800-658-9039. At this point in time, no one from BOA or Nationwide Trust had informed me of a new Hearing or Sale Date.

AI. On February 17, 2011 I received a letter from Nationwide Trustee stating that my hearing date has been moved from February 16, 2011 to May 18, 2011 and my sale date has been moved from March 9, 2011 to June 8, 2011. Still no official documentation from BOA stating this change.

AJ. On February 24, 2011 I called the Home Retention Department of BOA to confirm that I had the correct information to execute the wire payment on February 25, 2011. When I began to give the gentleman the information to confirm, he stopped me and said that I need to wire the funds to a Texas Account. Now I am confused again. I am going to the bank on February 25, 2011 to execute the wire payment and I am going to ask the person in the Customer Service to once again call this number and confirm the proper wiring instructions and then execute the wire.

AK. During my conversation with the BOA gentleman on February 24, 2011, he gave me a number in which I can fax information directly to the Loan Modification Department. The number is 1-800-658-9039. On Friday, February 25, 2011 I am faxing a letter and updated listing of my monthly Income and Expenses. Within this letter is a proposal to settle this situation. I will wait to see if I receive any correspondence or am contacted by Bank of America.

AL. On Friday. February 25, 2011 I went to the Friendly Center Bank of America office. I spoke with a Service Representative named Manny. He called the Home Retention number and was transferred to three different people until he finally spoke to the proper person. He explained my situation and was asking for proper wiring instructions and location. The person told him that I could not wire the money. Instead I had to get a BOA certified check and mail it to a special address. I told Manny this is what I did on December 30, 2010 and the check came back to me. He had the check prepared and said that he would put it in the mail on Monday, February 28, 2011. I told him that I would mail it from my home on Saturday, February 26, 2011, which I did. While I was with Manny, I asked him to fax my letter, monthly income/expense worksheet and a copy of this outline to the number provided to me on February 24, 2011. (See Above) Manny made three attempts to fax this information and each time it failed. He said that he was working on Saturday, February 26, 2011 and would fax the documents and give me a call once the fax went through and I could come by the bank and pick up my documents and confirmation of the fax. I did not receive a call on Saturday, February 26, 2011.

AM. On Saturday, February 26, 2011 I mailed the certified check in the amount of $2,400 to the address provided to Manny on February 25, 2011. Manny actually prepared the envelope with the check inside. I just put a stamp on it and took it to the post office. Now I am guessing that it will take probably five days to get to Texas. Why was I told on February 14 and again on February 24 that I was to wire the money from BOA and then on February 25 Manny and I are told that the check has to be mailed to a special address? Does anyone at BOA know what they are doing? If this check comes back to me, I am going to be extremely mad!!

AN. On Monday, February 28, 2011 I received a call from Manny stating that my fax was sent and that I could come by the Bank of America office and pick up my documents and confirmation of the fax.

AO. On Tuesday, March 1, 2011, I attempted to fax BOA an update of this outline/journal. However, when I attempted to execute the fax, I received an error message stating the fax did not transmit. I called the fax number only to find out that the fax number that I received from two different gentlemen of BOA on February 14 and again on February 24 was an invalid number. I called Manny at the Friendly Center BOA and he informed me that when he attempted to execute the fax, he was told it was an invalid number. He called the Home Retention Department and they gave him a different number to fax my documents. The number is 1-800-658-0395. I then faxed my March 1, 2011 update report to this number. GOD only knows if they received it and the fax that Manny sent on February 28, 2011 – AND IF THEY HAVE DONE ANYTHING?? I guess I will wait until next Friday, March 11, 2011 to see if anyone calls me. If not, I guess I will have to call them again!!!

AP. Well, it happened. On Friday, March 11, 2011 I received the $2,400 certified check back from BOA that Manny and I mailed on Saturday, February 26, 2011. The letter states from BOA the funds are being returned to me because they do not equal the total amount to fully reinstate my loan. Once again I have done as instructed by BOA personnel and once again they have contradicted their own instructions. I have called and spoken with so many people within BOA and I have gone to their local branch offices on four different occasions to execute transactions and attempt to get this matter reconciled and develop a solution for both parties during the past nine months to no avail. I am no closer to getting this situation settled than I was on July 7, 2010. I am sure that BOA’s file on me is full of documents and lists all of my telephone calls. They know that I want to settle this issue but no one will give me a call. The major reason they do not want to settle with me is because my fixed mortgage rate is 5.75%. Under the different types of Loan Modification Programs, BOA would have to lower my interest rate which in turn will cost them more money. Therefore, they continue to delay this process so that they can continue to add interest cost on interest, foreclosure, attorney and the “other” fees. It is their way of recouping their cost to execute the proper loan modification program and lessen their losses.

QQ.On March 28, 2011 I received notification that I had been placed in a “Trial Payment Plan” to qualify for a Loan Modification. I am to pay three monthly payment of $1,250.64 for May, June and July 2011. At the end of this trial payment plan, I will receive a Loan Modification Proposal for my review and approval.

RR.I made my three monthly payments for May, June and July 2011 prior to the schedule due dates of the 1st of each month.

SS. On July 20, 2011 I received a Loan Modification “Proposal”. No where in this proposal does it state that this is a “Final” or “Take As Is” Agreement. The “Proposal” did nothing but extend the terms of my loan from 22 years and 11 months to 40 years with payments of $130 less than my normal payment. This was not the modification I was told would take place. I called the BOA Customer Service telephone number on July 20th, July 22nd, July 25th and July 27th to speak with someone regarding this “Proposal”. Each time I called, I was told that someone would return my call within 48 hours. But NO ONE from BOA returned my calls. In the proposal (which was dated 7/18/2011) I was instructed to send the signed approved copies back to BOA via Federal Express for their receipt by July 28, 2011. I sent it back to BOA with over night delivery on July 27, 2011. Within this return, I wrote a letter with an explanation as to why I did not sign the agreement and that no one would return my calls to discuss this matter. Does BOA not know the meaning of “Proposed” or “Proposal”?

TT. On July 29, 2011 I called in a payment for $1,269.72 and mailed BOA a counter Proposal. Within this counter proposal, I asked BOA to refinance my loan, drop the PMI, adjust my Escrow Balance accordingly, reduce my interest rate and lower my payments to the $1,269.72. Have yet to hear a response.

UU. On August 30, 2011 I mailed BOA another payment in the amount of $1,250.64 and another proposal. This payment was not posted to my account until September 9, 2011. Have yet to hear a response. On September 6, 2011 I received a letter from United Guaranty stating they could assist me with my loan modification with BOA. United Guaranty is the Insurance Company which BOA pays my PMI monthly. On September 7, 2011 I called United Guaranty and spoke with a gentleman named Darnley L. Corbin. I discussed with him my situation for the past 14 plus months. I asked him what was the purpose of the PMI and he told me that it was to protect the lender in the case of default. So I am paying the insurance for the lender and if I default on the loan, the insurance will pay the lender the balance owed and the bank gets to take possession of my home and sell it to the highest bidder. Mr. Corbin said that is pretty much how it works. Mr. Corbin then said that he would send me the paperwork to file for a Loan Modification. I asked Mr. Corbin if he could look at my account on line. He said that he has limited access. I asked him, “When a loan balance is less than 80% of the original appraisal, should the PMI be eliminated?” He replied, “Yes…let me take a look at your situation.” After he put me on hold for approximately two minutes, he came back on the telephone and said, “Mr. Carder your PMI should have been eliminated in November 2008.” I told him, “Thank you so very much for confirming that to me because for almost three years I have not been able to get BOA to eliminate it from my account and payments. On September 8, I received an email from Mr. Corbin with all of the forms necessary to apply for a Loan Modification Program. I called Mr. Corbin and informed him that these are the same forms and information that I had provided to BOA on three previous occasions.

VV. On October 1, 2011 I mailed another proposal and payment in the amount of $1,250.64 to BOA. This payment was not posted to my account until 10/18/2011. Have yet to hear a response to the proposal.

WW. On October 24, 2011 I called BOA to make a payment over the phone on my account since it appeared to take two weeks in the mail. On October 25, 2011 I received a call from Jessica Sanchez of BOA informing me that she was appointed as “Point of Contact” Customer Service Representative of BOA and was assigned to my loan. I gave her the information to process another payment in the amount of $1,250.64 to my mortgage. The payment was not posted to my account until 10/28/2011. I asked her what would I need to pay to get my account reinstated and current. She said that she would have to order the payment amount.

XX. On October 28, 2011, I sent Jessica Sanchez a revised Proposal. On November 8, 2011 I received a letter from BOA stating that my information had been received and was sent to a “Specialist” to review and that someone from BOA would contact me within the next twenty (20) business days.

AZ. On November 8, 2011, I sent Jessica Sanchez another revised Proposal and informed her that this was the best that I could do and was extremely fair to both parties. (See Attached Copy). One very key point in this proposal is the PMI that I have been charged since October 2008. I have asked several times to have this payment stopped and eliminated from my payment. According to my contract, once my principle balance of my loan is less than 80% of the original appraisal value the PMI should be eliminated. This should have occurred after my October 2008 payment. I have made several calls to get this accomplished and each time I speak with someone at BOA they have agreed that this charge should have been stopped beginning with my November 2008 payment and that they will forward my message on to the person who handles the PMI and get it stopped. However, BOA continues to charge my escrow account for the $81.68 each month. As of today, BOA has charged my account for 36 payments at $81.68 per payment for a total of $2,940.48. I want this amount refunded to me.

AAA. On November 16, 2011 I received another letter from BOA stating that my information had been received and was being sent to a “Specialist” for review and that someone from BOA would be contacting me either by telephone or letter to discuss.

BBB. On December 5, 2011, I called Jessica Sanchez to make my monthly payment of $1,300.00. I asked her why I could no longer access my mortgage account on line and why the last time I did it was showing a negative payment of $3,224.96. She informed me that the negative payment was showing that the money was being refunded to me. Since August 2011 I had made a total of $5,021.64 in payments and BOA was refunding me $3,224.96. Where did the difference of $1,796.68 go? During our conversation I asked her if she could accept a payment and she acknowledge she would. I authorized her to use funds from my checking account to make the payment of $1,300.00. Also during our conversation I asked her when was this process going to end and when was the BOA “Specialist” going to contact me. She acted as if she did not know what I was talking about. I informed her of the letters that I had received and what BOA had written. She said that those were letters to inform me that my information had been received and to her knowledge my information had not been passed on to any “Specialist” or anyone else for that matter. She gave me a review of what had transpired since my Loan Modification “Offer” was not signed and that it had been returned to BOA by the July 28, 2011 deadline. It was not an “Offer”…It was a “Proposal” in which NO One from BOA would discuss with me. She informed me that I would have to start the process all over again and that she would call me on December 13, 2011 to gather the information necessary to get me in on another Loan Modification Program. I informed her that this was the FOURTH time in the past seventeen months that I have provided BOA with the same information over and over again. She then told me that she would have to check on the status of my account to make sure if they could accept a payment. She said that she would call me back and let me know if she could accept the payment and the status of my account tomorrow. I told her that I had sent her a fax requesting a payment to reinstate my loan and had not received anything as of today.

December 6, 2011 no call from Jessica Sanchez and I am to assume the payment was posted.

CCC. On December 7, 2011 I received the refund check from BOA in the amount of $3,224.96.

DDD. On December 10, 2011 I received a letter from BOA informing me that my payment of $1,300.00 made on December 5, 2011 was being returned to me.

EEE. On December 12, 2011 I attempted to access my account on line and once again I was denied access. It has now been more than twenty (20) business days since I received my last letter from BOA stating that someone will contact me regarding my proposal and I have not been contacted by anyone. When I got home this evening, I found a letter in my mailbox from BOA. I was hoping it was in response to my proposal. Instead it was a letter from BOA / Fannie Mae – Atlanta, GA Office stating to avoid foreclosure, I could have the bank do a “Short Sale” of my property. Within the letter it states that if I wish to remain owning the property, I can complete the application for the “Make Home Affordable” Modification Program. This letter was dated 12/8/2011. This is the same form that I have completed three times prior (July 2010, November 2010 and January 2011). I called BOA to speak with Jessica Sanchez and was told that she was not in the office. I asked for her Supervisor’s name and telephone number. I was given Jeremy Rooney’s name and telephone number. The lady said he was in the office. I immediately called his number and all I got was his voicemail and I left him a message to give me a call. He is on the West Coast but did not return my call.

FFF. On December 12, 2011 I received another letter from BOA of Simi Valley, CA stating that my information and inquiry about my home loan was received and that someone from BOA would be contacting me within the next twenty (20) business days.

GGG. On December 14, 2011 I received a letter from the Independent Foreclosure Review of Fairbault, MN. The letter states that my loan may be eligible for an Independent Foreclosure Review that may result in compensation or other remedy. Their website is Bank of America. I looked up the website and am not sure if this is really an “Independent” review or if this review board or person is working for Bank Of America??? Jessica Sanchez called me at 6:03 PM today. However, I was at a meeting and could not take her call. I returned her call twice and left her messages to return my call, but she did not.

HHH. On December 15, 2011 I called Jessica Sanchez and she returned my call. I informed her of all of the documents that I had received. She informed me that I could reapply for the Make Home Affordable Program, that it was not a guarantee or I could pay the balance in full. This is the same program that I have been applying for the past eighteen months. I now know the guidelines and qualifications to receive this program. However, now that I have returned to work and have received two salary increases during the past fourteen months, I am almost certain that due to my income, I will NOW not qualify for any of the programs. What happen to BOA moving the three months missed payments to the end of my loan? What happen to a Loan Modification Program from July 2010 to April 2011? Why was I given a “Proposed” Loan Modification and NO ONE from BOA would speak with me concerning this “Proposal”? Why was I told after the fact that this was really not a “Proposal” but was a FINAL OFFER? Why am I being asked to go through this process all over again when we both know that I will not qualify? The BOA Representative did not have an answer, only that I could pay the past due amount in full or I could apply for a repayment plan. I asked her about my $1,300.00 payment and informed her that I had not received the refund check. She examined my account and could find the payment. Then she lowered the boom on me and informed me that my Mortgage Account was now in Foreclosure. I asked her when did this take place and she said it was sent to the attorneys and placed in foreclosure on December 6, 2011. I then asked her, when we spoke on December 5, 2011 you accepted my payment and you informed me that you were going to check on the status of my account to see if a payment could be applied and get back with me. I then said to her, if you posted the payment to my account on December 6, 2011 and it was not accepted, surely you knew the status of my account and why did you not return my call on December 6th or 7th and informed me that loan had been placed in foreclosure? She did not have an answer. I told her that I would complete the application form and email it to her on December 16, 2011. I then asked her, I have the BOA letter dated 12/8/2011 and it says to avoid foreclosure, I need to accomplish certain tasks as I previously explained, then why are you telling me that my mortgage went to foreclosure on December 6, 2011? She did not have an answer.

III. After speaking with Sanchez on December 15, 2011, I called my brother and explained the entire situation to him and he said he would loan the money to me. On December 16, 2011 I called Jessica Sanchez twice and left her messages. I told her that I would need a payment amount to bring my account current. She informed me that she did not have that number and that I would receive a letter from the attorney with that number plus the attorney’s fees. I told her that I did not feel that I should pay any attorney’s fees because I was not given a notice of my account being placed in foreclosure prior to it actually be placed in foreclosure. She said my account could go into foreclosure at any time and they (BOA) did not have to give me a notice. I totally disagreed with her but she did not want to listen. I also asked her about the $1,300.00 payment that was to be returned to me. She went onto her system and said that she could not find where the payment was ever posted and when she checked with another associate at BOA, she did not have any record of the payment. I told her it was deducted from my checking account. She asked if it had been re-deposited and I told her no. She then asked if I would fax her a copy of my bank statement showing the payment coming out but not re-deposited. I faxed her this information. At 3:00PM I received a call from the Bank Of America – Atlanta, GA office asking me if I was interested in executing a short sale of my property. I explained to the lady what Sanchez and I were working on. She said that she would note in my file that I refused the option of the short sale. I called Sanchez and left her a message giving her this lady’s telephone number and told her she needed to give her a call to inform her of what we are working on.

JJJ. On December 19, 2011 I called the law offices of Johnson and Freedman, this is the attorney that Jessica Sanchez told me that my foreclosure paperwork was sent to on December 6, 2011. I called to get a final payoff number to bring my account current. I spoke with one of their attorneys and he informed me that he had not received any paperwork from BOA to file for the foreclosure. He told me the last information on my file was that in May 2011 I had entered a loan modification program and the foreclosure had been eliminated. I do not think anyone in BOA knows what they are doing. I am going to call Jessica Sanchez again this afternoon and she what she has to say about this. Jessica Sanchez returned my call and I told her that I had contacted the attorneys and informed her that they had not received any documentation on my foreclosure. She said that it may had not reached them as of yet. I asked if she could give me the payment number over the phone and she refused and said that she did not have it. I asked her if BOA had found my $1,300 and either applied it to my checking account or my mortgage account. She said it was being investigated. I said to her, how hard can it be? BOA has a confirmation and transaction number. Can they not use this information to track where they applied the funds? She said that all she could tell me right now was that it is being investigated.

KKK. On December 20, 2011 I called the law offices of Johnson and Freedman and was once again told they had not received any documents concerning my account. I asked them once they received my file, would they only send me the payment to catch up or reinstate my loan and not to go through all of the legal paperwork and charge me all of the legal fees associated with this process. They said that they would note it in my file and give me a call once they received the file. Jessica Sanchez gave me a call and informed me that my file had not been sent to the attorneys and that she had a payment number to reinstate my loan and wanted a fax number to send this information. I gave her my work fax number and instructed her to wait and send it tomorrow morning and to call me prior to sending. I then asked her if BOA had found my $1,300 and she said that it was being investigated. I told her that this $1,300 was part of my total payment and that I need the money put back into my checking account prior to 12/27/2011. I told her that I would be sending this payment Federal Express overnight on 12/27/2011 and that I want it posted to my account prior to 12/31/2011 and BOA to issue me another 1098. She said that if the $1,300 was not found and posted to my account by 12/27/2011, could I not borrow the money from a relative and pay them back as soon as it is posted back to my account. Are you kidding me…I made the payment and BOA lost it and they want me to go borrow money to pay for their mistake???

LLL. On December 21, 2011 I received the fax from Jessica Sanchez with the payment amount to reinstate my loan. I told her that I was going to BOA on Tuesday 12/27/2011, withdraw the money, and get a BOA Certified Check and Fed Ex it over night to arrive in their Delaware Office the morning of 12/28/2011. She instructed me to give her a call when I send the check and give her the tracking number. I asked if anyone had found my $1,300 and she said that she had checked with two other departments within BOA and they are still investigating. I told her that someone had better find and post my $1,300 prior to 12/27/2011. She said she would let me know the minute they find the money. What a joke!!! But this is how everything has gone for the past eighteen months.

With this payment, BOA has still not eliminated the PMI from my monthly payments. As of this payment and since October 2008, I have over paid BOA the sum of $3,185.52 in PMI charges and I still cannot get anyone at BOA to eliminated or stop it. I told Sanchez that once this payment is posted to my account it will be current and I want the PMI eliminated. She said it would be done.

MMM. On Tuesday, December 27, 2011 I went to BOA, got a certified bank check for the full amount and then sent it Federal Express Overnight to the BOA office in Delaware. I called Jessica Sanchez at 4:00PM but she was not available. I left her a message and gave her the Federal Express Tracking Number.

NNN. On Wednesday, December 28, 2011 at 10:30AM, I went on line to the Federal Express website to see if the check had been delivered. Their system said the check was delivered to the Delaware office and sign for by J. Green at 9:28AM. I called Jessica Sanchez to inform her of this situation and asked her to give me a call. At 1:30PM I went on line to the BOA website to access my accounts. I could not access my mortgage account, but I saw that the balance had not changed. I called Sanchez again and left her another message. At 3:45PM I called Sanchez again and left her another message. Finally at 5:30PM I called Sanchez again and got her boss number. I called Mr. Rooney (Sanchez’s boss) and he did not answer and I left him a message. At 9:30PM I received a call from a man at BOA who works with Sanchez and was informed that he was giving me a one behalf of Sanchez. He said that she was not at work due to an emergency and that Mr. Rooney had instructed him to give me a call. I told him about my situation and informed him that the check had not been posted. He said that sometimes it takes 24 hours for it to post and appear on my account. He said that Sanchez would be in the office tomorrow and he would make sure that she gives me a call first thing…approximately 1:15PM EST.

OOO. On Thursday, December 29, 2011, I went on line to access my BOA accounts at 10:30AM. Once again I found that my mortgage balance had not changed, nor had my checking account balance. I called Sanchez and left her another message informing her of this situation. The guy from BOA that I spoke with last night said that once a check is received it may take 24 hours to post to my account. Well it has been 25+ hours since receipt and no posting. At 2:45PM I went on line again to the BOA website to access my account. Still no change and no call from Sanchez. At 2:51PM I call Sanchez and once again got her voicemail and left her a message. Apparently she has not returned to her office because her voicemail greeting is the same and references the bank being closed on Monday, 12/26/2011 as a Holiday. At 2:56PM I called Sanchez’s Boss Mr. Rooney and got his voicemail and left him another message. At 4:30PM I called Rooney’s Boss, Myra Floreze and got her voicemail and left her a message. ONCE AGAIN AND AS USUAL, NO ONE FROM BOA RETURNED MY CALLS.

PPP. During this past week, (12/26/2011 thru 12/30/2011) I have continued to receive letters and information from different BOA offices concerning avoiding foreclosure, Making Home Affordable Programs, Short Sale of my property, Deed in Lieu of Foreclosure and/or Home Affordable Foreclosure Alternatives. Does no one in BOA know that I have reached a reinstatement agreement and sent the money to BOA? Today, December 30, 2011 I received a letter from BOA, Simi Valley, CA regarding my PMI. And of course it states that my loan is not current and the PMI cannot be automatically cancelled. What a surprise!!! Where was the automatic cancellation in November 2008 and from that point until August 2010 when it should have been cancelled and my account was current? Every time I called someone at BOA they agreed that it should be cancelled or should have been cancelled in November 2008, but no one would or has done anything to cancel it.

QQQ. On December 30, 2011, I checked my on line checking and mortgage account periodically during the day. Each time I checked neither one of the balances had changed. At 6:05PM I went on line again to find that neither one of the balances had changed. This means that BOA did not post my reinstatement payment on my loan that they received on December 28, 2011 at 9:28AM EST. Also, this means that BOA has not found where they posted my December 5, 2011 payment of $1,300.00 and have not deposited it back into my checking account. I called Sanchez, Rooney and Floreze and left them the same message. I told them that neither one of these situations have been executed and settled nor that after EIGHTEEN MONTHS, enough is enough. I told them the next correspondence or communications they would receive from me would be through my attorney.

RRR. On December 31, 2011 I went on line to my BOA Accounts and found where BOA had apparently posted the $19,464.10 to my mortgage account because the balance had dropped from $166K to $162K. I still cannot access my mortgage account. My checking is the same balance so apparently BOA has still not found my $1,300.00 and deposited it back into my account.

SSS. From January 3, 2012 through January 23, 2012 – See Emails to and from Mr. Cashion.

TTT. On January 18, 2012, I received a letter from BOA Simi Valley, CA stating that my files and requests had been received and was forwarded to the appropriate departments for review and that someone from BOA would be contacting me within the next few days. This letter was dated January 13, 2012. On Thursday, January 19, 2012 Mr. Rooney of BOA returned my calls. He informed me that my files, documents and requests had been forwarded to the appropriate departments for review. He said that the review and the bank’s proposal would take approximately 10 to 15 business days to address all situations. I told him about the letter dated January 13, 2012 and he confirmed the information had been forwarded. He said that Sanchez would be giving me a call no later than Wednesday, January 25, 2012 with an update on the process.

UUU. On Wednesday, January 25, 2012 Jessica Sanchez of BOA gave me a call. She had nothing to report other than my information and requests had been sent to the appropriate departments and that they were still being reviewed. During our conversation she said that she saw in my file that my information and requests was sent to these departments on January 19, 2012. This contradicts what Mr. Rooney had told me. He confirmed that my information and requests was sent to these departments on January 13, 2012. That would mean that I should receive the bank’s proposal sometime between January 27, 2012 and February 3, 2012. Mr. Rooney even told me that Jessica may have some news about my requests when she calls me on January 25, 2012 or within a few days afterwards. However, Sanchez is now telling me that the information was not sent to the appropriate departments on January 19, 2012. That means that I will not notified of any bank decisions until sometime between February 2, 2012 and February 9, 2012. Just another one of those situations in which I do not know who to believe and if you talk to two different people at BOA, you will receive two different stories, most of which conflict each other. Same old same old.

I have copies and originals of all documentation to and from Bank of America since July 2010. I have also kept telephone records of all calls to and from Bank of America. For the past eighteen months BOA has put me and my family through pure hell and as a result I have received nothing from BOA. If BOA had moved my three missed payments to the end of my loan at the end of October 2010 as they advertised and informed me of and let me make my November 2010 payment, the past fifteen months of lies, threats and stress put on me and my family would have been eliminated. BOA did not act or execute accordingly to their own advertisements, their documentation sent to me, nor did they act or execute accordingly to the U.S. Treasury Guidelines. BOA put my mortgage in foreclosure after I missed three payments and again in March 2011 even through at the end of March, I was put into a Trial Payment Period to qualify for a Loan Modification. At the end of July 2011 I received a “Proposed” Loan Modification in which NO ONE from BOA would discuss with me. On December 15, 2011 I was informed from Jessica Sanchez (BOA Customer Service – Simi Valley, CA) that my mortgage had been placed in foreclosure again on December 6, 2011 and that my file had been sent to the NC Attorneys to be filed with the Guilford County and NC Courts. I called the Attorneys that Sanchez had told me that my file had been sent to three times, (December 19, 20 and 27) and each time they informed me that they had not received any information or file from BOA???

I have filed initial complaints with the NC Attorney General’s Office, The NC Banking and Finance Department and the Office of the Comptroller of the Currency in Houston, Texas. Each agency has advised to me contact BOA and attempt to reach an agreement which will accommodate each party. They have also provided me with an Attorney by the name of James Pell to handle my case. He has also advised me to contact BOA to reach a settlement and/or agreement. He has advised me that if we cannot reached an agreement, he will file the complaint in court and that I should continue on with my complaint with all of the other agencies. On Tuesday, January 3, 2012 I am going to contact the BOA office in Charlotte, NC (this was the BOA office provided to me by the NC Banking Finance Department) and attempt to reach an agreement. If no agreement is reached by February 29, 2012, I am to contact Mr. Pell and we will continue on with the lawsuit and the complaints.

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