File A Complaint With The Office of the Comptroller of the Currency

Here is the link file a complaint online with the Office of the Comptroller of the Currency the "OCC"
Another desperate online search for help of coarse brings a slurry of blogs and Attorneys offering various things to try but if your looking for an Attorney and you don't have 5k for a retainer it's not going to happen. My attempts so far at getting an Attorney to even respond have gotten no where to date. Filing a complaint with the OCC at least makes me feel like I'm doing something. I have done the talk to every customer service rep under the sun even the ones in foreign countries. I've email and spoke on the phone to Alicia Corosco the Assist. to the BOA CEO Brian t. Moynahan and had two un nerving conversation with her making me feel like an insignificant little bug she had no use for. I have sought the help of a HUD counselor which also has not moved my file along anymore then if he weren't helping me. We both are in limbo. I emailed the President, yes that's right President Barack Obama and got back what clearly was an auto response email. My name has "been added" to a suit against BOA in Colorado. But since they did not ask for any information I doubt much will be done for me and my situation personally.
So filing a complaint whenever I can is all I can do at this point.

Why The Banks Will Not Negotiate Your Home Loan

Another call to my HUD Counselor proves uneventful. No news is good news I suppose. I get the usual " I spoke with Colby today and he says my loan is still in review" Colby is the man assigned to my case and thankfully it has not changed for the past few months. I have gone through a number of different "reviewers" over this long process. Being told "the case load is too high for that reviewer and another reviewer has been assigned...."
I have decided to seek Counsel to find out once and for all if there really is nothing I can do but sit with my life on hold full of stress, anger, sadness and frustration. There has got to be some recourse for the millions of home owners sitting stagnant while constantly feeling the threat of homelessness. This feeling is indescribable.
I have seen this video of an explanation as to why banks want to short sale our homes and are not trying to help homeowners get a modification see it here foreclosure video This is very scary since it does make sense and gives homeowners an understanding why were are getting the run around. So if this is true, what can we do about it? Who do we talk to? How do we protect ourselves?

Like Today's Housing Market America is In Distress...

The more I think about how my life is on hold while Bank Of America keeps moving my file from desk to desk or maybe even never moving my file at all. But rather just piling other files on top of my own and not giving my file a first thought. I go through many different thoughts and many different feelings. From feeling sad to very sad, to this is too stressful to think about, don't think about it... to angry, to very angry, to extremely angry and at that point on occasion I have looked online to see what other homeowners have done hoping to find some positive out comes that will help me feel better and not so stressed out all the time and just maybe remind me why I put my life on hold and that saving my home, the home I have raised my children in and is the solace where my family still gathers to be thankful for the ones that are still employed and that we all are in good health...to remind me why I allow myself to still tolerate the stress and remain at the mercy of Bank Of America. I love my family and many depend on me. I can not see myself giving up. I also can not see my self not fighting back. Not because I am angry but because the treatment not only I am experiencing but thousands of homeowners and families across America are also experiencing. I feel I must do something if only to help others to know that they too should be treated better and can demand fiduciary treatment by any institution. Now where to start and who to talk to? I am already working with a HUD Counselor, someone I thought would be able to help me get my mortgage modification. I am aware that Financial institutions are not required by law to abide by HUD Counselors recommendations. However knowing that HUD has trained Counselors to assist homeowners with requesting mortgage modifications. Wouldn't it make sense to go through the files that have been submitted by a qualified HUD Counselor in order to assist and expedite the mortgage modification process? Would it not make sense that files submitted by these Counselors have been groomed meaning put together so that the institution can do a review and validate the numbers with financial documents included and move the file out to be modified? It really is that simple. These companies can employ hundreds of people in foreign countries to handle Customer Service then why can the institutions not provide enough people to review homeowners requests for modification in a timely manner?
I for one want to know exactly just how much in penalties and late fees has my own loan gone up. Including the late fees and penalties for my home owners insurance and property taxes. If Bank Of America had given me my modification early last year when the Bank had confirmed they had everything they needed and "I was in review" then I would not have racked up all those fees and penalties. Since BOA is causing these fees and penalties to accrue then BOA should also be held liable...

It Is Clear Bank Of America Is In Support Of Investors Not It's ConsumersA

I have not written in awhile, it can be depressing constantly writing that I still have no answer and am supplying all my financial documents timely and efficiently in hopes for a successful mortgage modification.
I also do my best not to read any news about the current mortgage modification process and specifically anything about Bank Of America. It is even more depressing, there are so many reports about families losing their homes after a long await for a modification even when these home owners are just as compliant as myself.
So the bottom line is there is no rhyme or reason as to who gets a modification and who does not. I have received mortgage statements from Bank Of America asking for late payments at the original payment which in my case is a principle and interest payment only. Not including any taxes and insurance. From what I have been informed by my HUD Counselor Andre, I qualify for the HAMP because specifically the taxes and insurance take me above the 31% debt to income ratio among other requirements that I meet. And I have said time and time again to Andre, to Wilshire the previous note holder and to Bank Of America, let me make the payment just modify the loan to include the taxes and insurance... This I agree I can afford! Why is this taking so long? is the Banking institution really holding the note and extending a mortgage modification in order to reap the benefits of late fees? According to Yahoo Finance's posting on December 27th at 08:08 am EST written by Gretchen Morgenson who writes about a young couple Robert and Amy that had the rare positive results of a mortgage modification. Gretchen writes about "some who are prospering from foreclosures, loan servicers can charge lucrative fees when pushing borrowers into foreclosure so there is little to no incentive to modify any mortgages when the outcome is financial loss in income from fees. so the reality is that the HAMP is INEFFECTIVE! I repeat INEFFECTIVE and this is according to the Congressional panel..."
Again I ask you the people what are we going to do about this? I for one will not be quiet. I will talk to anyone who will listen and will help anyone that I can.
This past Saturday I received another late payment statement only this time it was asking for a much larger payment $2878.28 to be exact. What did Bank Of America just pop this number out of a machine? This is so random, where did this number come from? My past monthly payment was only $1464 and now I am billed
an amount that makes no sense. I was never called, never contacted via mail or otherwise. No explanation just a statement for $2878.28 it also states a negative escrow balance of $12,307.21 which by the way I was paying my homeowners insurance through my insurance company but Bank Of America cancelled that. Andre told me that is so they can sell my home if need be! So does Bank Of America want to help home owners? NO
The statement also showed a past due amount of $35,463.50 now Andre assures me that's nothing compared to some of the numbers he has seen and has still been able to get modified. So I am hopeful. But what of this amount has been added on since I have been "in review" for a modification? This is exactly what the article I speak about on Yahoo Finance is talking about. Why do we have to pay the late fees that accrued due to the banks poor processing of our modifications?

Trying To Get A Home Modification & Having To Start Over!

This past week I received two separate packets from Bank Of America. Both appeared to have been automatically generated and mailed. By that I mean there was no letter written personally to me that was clear as to why I was receiving a packet not once but twice. With a generic letter saying If you are interested in being considered for a Bank Of America Home Modification or to be considered for the HAMP program to follow the instructions and complete the documents supplied and return with all supporting financials. When I received the first packet I contacted Andre who chuckled when I said no to his question of did I fill it out? I had dropped the packet off to his office. I was a bit perturbed with Andres response since common sense tells me not to waste my time with paperwork I'm not even sure is necessary yet. Right? I reminded Andre that Bank Of America had all of my financials to date and that nothing has changed except for my auto insurance up by like only $50 or so. Andre said he had all the information in my file and would call BOA the following day and get back to me. I of coarse would complete anything necessary to get this moving. Well two days later I did not get a call and I received the second packet, exactly the same documents inside but this one had a return Fed Ex packet. So I call Andre and we meet the next morning complete the documents and provide all the financials requested. We do this because according to Andre it is not uncommon that I would receive an automatic computer generated packet. And that it is essentially better safe then sorry so follow the redundancy and complete the packet...
Andre has been working with a different department assigned to his company Sacramento Urban League HUD Counseling and said that he has had good results so far and a fairly prompt response when working with a regular bank modification (non HAMP). The HAMP still is taking too long. So many of the banks are offering "inside modifications" and this is comparative to the HAMP or in some cases better. I am hopeful to get a response toward the end of February. But I'm not going to hold my breathe.

Is Suing Bank Of America The Answer?

I am so frustrated and angry at Bank Of America and the Corporate machine the bank is all about. Clearly it is an institution which the sole focus of making money for it's share holders. And do you believe it those shareholders are crying foul and expecting the public to view them as victims also! read about it here Really!? I say no way. The Shareholders, The Investors and everyone who had a hand dealing with mortgages. From solicitors to closers everyone is under the umbrella of the code of ethics. Now let's enforce this code and hold them accountable. If anyone is going to invest there hard earned money into something, anything they should understand and know what the legalities are behind their investments.

I am so angry with how American Citizens are being treated and families are being discounted like spoiled food in a refrigerator and thrown out because you can't serve it up to eat! I haven't the words appropriate to share that are not clearly said just to hear myself expressing the hostility I feel towards "the system"...
Enough rambling. Below is a copy of my email to Andre my HUD Counselor that was emailed just before this post.

email;
"Hello Andre, I stopped by your office today and left a packet with the Receptionist. I received yesterday a Fed Ex packet from BOA. Probably a computer generated marketing ploy. But it sure made me angry. My biggest fear is that I will end up like so many others you hear about that have been told their information was never received or was lost. And the homeowner ends up having to constantly fax and re fax information only to end up foreclosed upon. I am wondering why after being in their system for a year and never getting any contact or response to my inquiries with any substantial information other than "all my information is up to date and nothing more is requested at this time" which I know because I am diligently faxing in any updated financial information that might get my account closer to a modification. Why am I now getting letters in the mail? To me, this tells me my account information can not be updated in the Bank Of America system or I would not be getting letters from BOA that are soliciting something I have been asking for for a year now and at least a year with my previous Investor which was bought by BOA.

I ask you Andre who do I contact to straighten this out? What information have you been provided with so far? Is this common practice? I do not want to end up like so many having to provide documents that have already been provided..."

Phone Calls Are Of No Use

I am now not getting timely return calls from my HUD Counselor. I imagine he is swamped with his case load of homeowners in the same situation as I am. And I also imagine his phone calls to Bank Of America like mine are also not returned in a timely manner... All I can think is common sense tells me my HUD counselor has not received any response to his telephone calls either and therefore has no new information to provide me with.
I try not to read the news on home owners struggles with their banks as I rarely come across any positive out comes. I am reading things like the bank reneged on the agreement and foreclosed the home right under the homeowner who made all the agreed upon payments...
What are we too do? Suing has not made any welcome changes for the communities. Who will give us the help we need to take back the homes we have lived in for years or even decades?