I'm writing regarding an affidavit that I submitted some months ago about a fraudulent debit that appeared on my checking account. I gave them my debit card number to cover the cost of mailing of $5.95. That's the only payment that I actually authorized. Then, about a week later they sent me an email saying that they would be sending out another package, unless I contacted them by phone to cancel it. I tried daily for 2 weeks to reach them. Their phones are set up so that you get put on hold and disconnected after 2 minutes. Either that or it's busy. I also tried to email them, but they would not accept emails. In essence, they made it impossible to cancel the order. I gave up and thought that I would just return or not accept the package when it arrived…..but I never received anything although they insist that it was left on my doorstep. After this, they continued to charge my account for various amounts under different names. It seems that B of A is so concerned about fraud when I use my card in another country, but think nothing of allowing this company to have free access to my funds. I contacted my personal banker several times, and spent literally hours at her desk trying to resolve this issue. In the end, she recommended that I open another account, which I did. I thought that this would be the end. All the charges had been reversed at this point. I opened the new account in Dec and in Feb received a letter from B of A stating that they had concluded their investigation and that the monies had been permanently credited to my account. Now, 3 months later, I'm being back charged for the amount of $178.00 and to add insult to injury, B of A is charging me $105 for insufficient fund because I closed my account at their recommendation. I not longer feel that my funds are safe at B of A and will be transitioning everything over to Wells Fargo Bank. I'm in my 60's and have been a good customer for over 30 yrs. I have several business accounts as well as mortgages with your bank. I had my personal banker, Candace Chavez phone the fraud department on my behalf and they were rude and inconsistent with her, first saying one thing and then changing their story and telling her something else. In this time of economic crisis and turmoil, you'd think that B of A would go out of their way to earn our business….as you always say at the end of your phone call. My expectation is that you re-open this case and consider reversing these charges. I would like to hear back from a supervisor and in the meantime will also be forwarding this letter to AARP and the newspapers.

The first was, do you want overdraft protection. It's free.. ok... I was use to using the card until the money was gone then switching to another card. This cost 178.00 (two over draft charges) (no one mentioned that) #2 change to a business account you will avoid monthly fees. After a few months fees returned. "have you used the card at least every month, no, then the fees apply" ALRIGHT ENOUGH WITH THE SNEEKEY FEES. CANCEL THE ACCOUNT. ( they can't charge fees if the account is canceled, right??) Two or three months after canceling the account I get a notice from the sewer and water Co. I have a $25 fee as well as an overdue bill, Pay within the next couple days or we turn off you water. Never mind that I was in and told them I would not be using electronic bill pay, I wanted the bill sent to my address. I don't know who I talked to so they will not take off the fee, (charged to them by BA of course) Bank of America can even charge a hidden fee after I closed the account. UNBELIEVABLE!!!

This BofA mortgage issue started with my inability to pay the property taxes on our house because of severe reduction in wages, I DO take FULL responsibility for the problem but sorting through the solution is the challenging part - (our taxes and insurance were not impounded in an escrow account due to lack of funds on orig. purchase date in 1999 – we have a decent loan at 5.87 fixed APR over 30 years so it was not a ‘bad’ loan problem) and I had missed 3 tax payments as of Jan 2010– I had approached the County of Riverside CA property tax people who indicated that until the 5 year point nothing happens from the state concerning the property – as long as we can be current before the 5 year point then there should be no issues – at this time our mortgage was with Countrywide –
shortly after Bank of America took over Countrywide mortgages we got notified of the following:
Feb 2010, BofA paid a $4988 Riverside county tax bill
March 2010 – got a letter from BofA saying they paid additional house taxes for this past year as well – now all caught up – also they will be paying our insurance as well (their policy, if they pay taxes then they pay insurance also – doesn’t matter that we are completely caught up on insurance…)
March-June: various phone conversation with BofA CR reps concerning payments/options/etc (in April we got loan mod paperwork which was sent back (docs package complete) in late June)
May 2010 – escrow account was reviewed and house payment adjusted – old payment (P&I only) was $2123, new payment with all escrows included and amortized over 7 months (to be clean by year end) is now $3944
June – did not complete new $3944 payment (paid normal $2123 plus paid $1K more attempt but could not swing the $1800 addition to the payment)
Called July 19 – “BofA received mod docs on 7/14 – processing, check back in 30 days”
I was told “we suggest you keep paying what you can during the review process” so I never changed the auto house payment of $2123 from Union bank account
Called Aug 18 – “assigned to underwriting 8/2 but not yet assigned to underwriter, once assigned to underwriter will take 30-45 days, check back in 30 days”
Called Sep 8 – “you can’t be in two programs at once so payment plan set up in June is cancelling due to non-payment, your account shows escalating to ‘trial modification’ (3 month program) – should be assigned to underwriter this week, call back in two weeks”
Called Sep 16 9:46am – “still with underwriting, continue making payments as you are (best you can), your account is now in ‘pre-foreclosure ‘ so you will get a certified letter every 30 days, each time we accept a payment it starts again so your new foreclosure start date is Oct 16”
Called Oct 14 11:04am – “as of 10/13 assigned to underwriter, Dec 13th is expiration on processing (60 days)”
Got a ‘certified letter’ from BAC – announcing “intent to accelerate” loan – meaning foreclosure ‘officially’ started
Oct 21 got a new RMA package from BofA from FedEx – completed and sent back Oct 22
Oct 22nd, got a second ‘new’ RMA package from FedEx – exactly the same as the one from the 21st but different return address – also completed and sent back Oct 26
Called Nov 10 11:26am – “Active review status, no updates at this time, no estimated time frame at this time, check back in two weeks”
Got a call on my cell Nov 29 (from 805/000-0000) – “need a copy of a utility bill faxed a.s.a.p. for loan mod then your loan goes to underwriting for approval”
Faxed water bill on Nov 30 at 8:00am
Called Dec 7 11:15am – “you are in pre-foreclosure status, I show we need a recent util. bill, two months bank statements, two months’ pay stubs or unemployment docs, & 2009 tax returns – note, requesting this program does not guarantee acceptance, if you are not accepted foreclosure has already been started, fax docs to Shatina Allison, 800/658-0395 – her direct# is 877-738-0074 Ext 13406”
Left Shatina a VM message Dec 7, 11:35am leaving my cell# asking for a return call.
Got a return call from Shatina Dec 7th 6 pm, water bill will not work – need gas, cable, electric or phone bill
Faxed cable & gas bill on Dec 8th
Dec 13th – Shatina called to request pay stubs/new RMA doc and hardship letter, once received she can send the account to an underwriter – she followed this call up with an email confirming what she needs
Dec 14th – filled out all docs, scanned and emailed to Shatina
Dec 20 8:39am – left voice mail for Shatina
Dec 12 8:41am – talked to Status Dept – no other documents needed at this time – your account is under review – no ETA at this time but it is being processed
Dec 30 3:04pm – talked to Status Dept – account has been forwarded to underwriter Brian Eaton, the last time it shows review activity was 12/24 and this person suggested I also talk to the collection people @ 800-669-6607
Dec 30 3:30pm – talked to Collection Dept – as per them the ‘Notice of Intent to Accelerate’ expired on Oct 16th, loan went into ‘Foreclosure’ status on Nov 8th but no sale date currently listed – payoff to bring the loan current is $10, 509 and payment is now $3455.59 – she cannot give me the underwriters number or email but if needed she can have him email me – he has the ability to stop a sale date if he believes he will be able to process the modification.
Jan 5th 11am, called Status Dept – still in progress, no additional docs needed – once underwriting review is complete hey will contact me
Jan 5th 11:12am, called Collection Dept – verifying amount to bring loan current – “10509 is not correct” more like $3455 x 4 but she will mail me a letter for the 401K people indicating exact amount needed – loan is in foreclosure status but no sale date is listed
Jan 18th 9:16am, called status dept Alexandra, no updates, no docs needed please give it some more time and check back regularly – I asked if a sale date was shown on the account she said ‘not at this time’ –
I then asked a payment question and she said she would have to transfer me to the retention dept, after transfer the next person verified my account info then said my account was being handled by a different dept, she gave me a different number, transferred me then I got cut off – redialed the 800/669-6650 #... got routed back to the status dept, the status person suggested I not put in my account# when asked but just push 0 otherwise I will always come back to status – I tried but by not putting in my account # the system would not forward my call and disconnected my call, I called back & this time inputted my account # - back to status dept… this time the status person could & did help;
Verified: $8561.80 in negative escrow, $13, 965.21 total due including late fees, new payment of $3455.59 includes neg escrow amount, P&I = $2123.63 + new escrow amount once - sale date of Mar 15th just posted… on Mar 1st or 2nd the status dept can request the sale date be delayed if it gets to that point…
If I bring the account up to date using 401k funds then the modification process and foreclosure process both stop…
Brian Eaton – underwriter – 888-328-6430 TX office, no email listed – no luck calling this number…

Jan 25th – called status dept 12:11pm, the gal I spoke to says “ I show we need two months bank statements for your file” – when I inquired about when this was posted to the account she could not tell me (I talked to status dept on 1/18 and no mention of this) and when I asked if anyone was going to contact me to let me know she said “I only take inbound calls” so I asked if there was an outbound call center and she said yes, but she did not know where they were, she only knows her job and that is to take calls 


Jan 25th 12:31 faxed Nov 2010. Dec 2010. Jan 2011 (3 months) bank statements to 888/258-7329
Jan 27th – Status check – talked to Ryan – the bank statement request still ‘open’ but likely being processed if you sent them – takes a few days – no further updates – I asked him to verify the sale date since I had gotten none, then Mar 15th, then Mar 12th in the past – he reviewed three different areas and confirmed no sale date listed anywhere on the account – no notes saying removed sale date but he stated he would not expect any notes to that effect unless it had been formally requested – he doubled checked and shows no sale date at this time
Jan 31, received a FedEx at home from BofA (enclosed letter dated Jan 28th) requesting ‘most recently completed federal tax return’ -
Feb 1st -faxed in all copies at 11:00am, called for status check at 11:24am and was told ‘just waiting for underwriter’ no further documents needed at this time
Feb 9th – I called and stated I am checking status of the modification - “I show your account is in foreclosure at this time, how may I help you?” I show you are 5 payments behind at this point, why are you behind? I am checking status… “Please hold”
She came back and said the account says “we are waiting for some financial docs to be completed by you” I inquired as to what docs because I have been sending stuff every week – she put me on hold while she reviewed the account then came back and told me she was contacting the ‘vendor’ who was in charge of my account – please hold (total hold time approx. 19 minutes)
She came back and said – the reason the tax docs are still ‘pending’ is the copy I faxed previously were not signed – please sign and re-fax a.s.a.p.
Feb 10th 10:10am – refaxed 2010 tax returns with signature (I had ‘re-printed my taxes from TurboTax and yes, they were not signed)
Feb 12th 9:30am – status check call – now I need to fax the following as soon as possible;
2 of my latest pay stubs, a signed IRS form 4506-T (avail on IRS.gov), and a current RMA form page 2

Feb 14th 8am, faxed all of the above forms to 800-658-9351 as requested
Feb 21th 9:30am – status check – still in review – I need to download a ‘Dodd Frank Certificate’ and fax it to 888-258-7329 & 972-608-1147
There is a sale date on the account of 3/15 and I need to call 14 days prior to request a postponement
Feb 21st 6:05pm, got a call on my cell from Valarie Gonzalez, 888/325-6430 Ext 48866… she is now assigned to my mod and needs Pay stubs, 4506-T IRS form, & 2 months bank statements faxed asap to 866/631-2857 so she can get it to underwriting and postpose the sale date – she works in Simi Valley and is in from 3pm to 11pm PST if I need to contact her
Feb 22nd faxed all docs requested (pay stubs, 4506-T & 2 months bank statements) at 7:20am, (also faxed the Dodd/Frank doc to her & to the number requesting it), I called Valarie at 3:30pm and she stated she had received all the docs requested and had forwarded them to underwriting @ 888-325-6435 – I will have to check back in a few weeks, I reminded her that our sale date was in a few weeks so she said maybe check back in a few days – Friday 2/25 would be good, so I called the number immediately and was told underwriting has all the docs they need – call back on Mar 2nd to postpone the sale date
Feb 26th – called for status update – as of 2/24 loan is out of underwriting and with QC – QC has up to 30 days to process but usually much quicker – they will contact you and start a 90 day trial mod – just continue checking in regularly for more info – you will be contacted by the QC people at the conclusion and receive a FedEx package with a trial mod agreement to fill out
Feb 26th, called cust service @ 800-669-6607 EXT 808196 to ask about amount to ‘catch up’ loan, and how that amount added up… $17, 228 + Feb payment is behind, current payment is $3455.59 – there is a $8561 neg escrow account that is bumping your payment up – ‘normal’ payment would be $2648 with P&I + tax and ins ($2123 P&I) – so after approx.. $20, 000 (inc late fees and Feb) and the $8K neg escrow I can call cust svc and request loan/escrow be reviewed which he can do on the spot to adjust the payment back to normal
Feb 28th 11:20am – status check – with QC, check back in a couple a days, you can request a sale date postponement on Mar 1st
Mar 1st – reached Daniel at 7:29 (status dept) - he said no additional info needed, MaryAnn is the underwriter assigned to the account at this time, he can request a postponement today since it is 14 days away from sale but it is not guaranteed – your account is with QC at this time – he submitted the sale date postponement email to underwriting (“it should go through since your loan is in QC but don’t quote me on that”) but he could not forward me a copy of the email – just check back in a few days
Mar 1st – 7:42am called BofA office of the CEO (704-386-5687) and asked for a manager to discuss my loan mod
Jason Phipps handled the call at this point – he said he could see the request being filed – he created a file so he could link it to our account and be notified as soon as it was processed – he took my cell and said he would call on Thurs. or Fri (the underwriter & investor have 48-72 hours to address the postponement request) he said that a loan in QC should not have a problem getting a postponement approved – usually a 30 day postponement is the norm – he has only seen 2 or 3 disapproved and they were because of multiple loan mods denials and re-requests – yours should be fine at this point
Mar 2nd, 12:30pm – called status dept, no further docs needed, no change to sale date at this time – 1st thing they post is a note confirming request for postponement and that is not yet on the account
Mar 3rd 7:40am, called status dept, no further docs needed, no change in sale date at this time – still 3/15
Mar 3rd, 4:42pm, called status dept – Desiree said I need to speak to the negotiation dept at this point – my loan has been assigned a negotiator - #800/669-2443 ext #2773 & she transferred me - #2773 was not in so I got forwarded to the next avail. agent – Matt – he stated my loan had been assigned a negotiator on 3/2 & his name is Luke Mai. He is not in so let me try his supervisor Sabina Murshedi, she is on the phone and we tried holding for 8-10 min but still on the phone – Matt took my cell and emailed Luke to call me in the morning – Matt cannot see the sale date listed at this time although he said there is some date of 3/5 listed but that can’t be right – must be a mistake – he said a loan at this stage is pretty much approved and no sale date should be assigned – but QC sometimes takes up to 30 days to review
Mar 4th: called negotiation dept 800/669-2443 ext 2773 8:20am – was told my account is assigned to Luke Mai, let me try his extension… he is not it would you like him to call you back – I left my cell#, sale date of 3/15 is still posted to the account
Mar 4th 9:16am, got a call from Luke Mai, as of the 24th your loan is out of underwriting and assigned to me. I work with the investor team and the QC analyst to get the mod finalized. Your mod is a ‘Making Homes Affordable’ mod which is a US Gov. backed program. If for some reason you do not qualify for a MHA mod then I will work to get an internal mod processed.
I asked him about the sale date and he was submitting for a postponement today – I told him I did this on Monday and he said that is fine, he will follow up with a request of his own – we should know by mid-week next week.
Luke Mai 714/987-5026, 877-430-1431 ext 14599, fax 866/358-7651 email [email protected]
His partner 714/987-5025
His boss Sabina Murshedi 714/987-5036
Per Luke, he is the point of contact for any questions or concerns – he will be handling this process personally from this point forward – if I have any questions please reach out to him
Mar 5th LM for Luke Mai 9:48am
Mar 7th LM for Luke Mia 3:14pm, called all phone numbers listed and his partner Fatina Abual
Mar 7th LM for Jason Phipps at office of CEO at 4:51pm with Andrea Lowery
Mar 8th, got a call return call from Jason Phipps at 10:10am, he reviewed file and stated sale date had been postponed til 4/15 at 10am, he cannot email or fax me confirmation – the foreclosure attorney will mail me confirmation within a week or so – I expressed my concern about having something tangible concerning the sale date and he said he would look into it – if he could get something he would overnite it to me
Appraisal conducted - Mar 9th CE Elliott – paid $300 cash – got this done for potential pending CH13 filing
Mar 9th 9:15am LM for Luke Mai
Mar 9th 9:30am attempted to reach Luke (714/987-5026 & 877/430-1431 ext 14599) Fatina (714/987-5025) Luke’ s boss Sabina (714/223-8570) also Fatina’s boss George (877-430-1431 ext 14547 & 714/223-8356)

Mar 9th 11:44am – got a return call from George (see above) and he said he had forwarded my info to Luke and Luke was on the phone but would call back within the hour
Mar 9th 12:10pm, got a call from Luke Mai – Luke said he was able to get the sale date postponed til 4/15 but he could not send me any info in writing – the investors attorney would be sending me written notification within a week – I expressed concerns over the lack of any kind of verification of the sale date and after putting me on hold for a bit Luke came back on and gave me the following info: the Trustee Div of Ca Courts automated phone line: 800/281-8219 and by using our trustee sale # (found on any of the docs sent to me recently from Recon trust) TS# 10-0148827
Mar 9th 12:50pm, I called the trustee phone number and using our sale# the system confirmed ‘postponed, new sale date 4/15’
Mar 11th, 8:11am, I called the trustee phone # and got the same info as above
Mar 11th – 4pm - got a Fed Ex letter stating load mod was denied due to income being $9316.22 and my payment not exceeding 31% the Home Affordable Modification program stipulates so modification was denied – (note – the current payment of $3455((as per BofA)) exceeds 31% - the 31% =$2888 and we ARE above that plus you can add in HOA fees which = an additional $140 or a total of $3595)
Mar 12th – 8:05am LM for Luke
Mar 12th 8:50am called 888/325-5399 as listed on the FedEx letter – talked to Christina who said our account is flagged as ‘discuss with Luke only’ she attempted to reach him but he was not in – she agreed that the math did make sense – she suggested I fax an appeal letter to 800/520-5019 and talk to Luke as soon as possible – she emailed him to call me on Monday am
Mar 14th (Monday) – 7:48am LM for Luke
Mar 14th – 12:10pm contacted Wells Fargo for info concerning 401K hardship withdrawal – Wells people say approx.. 5 days to process once they get the request – I can overnight the form
Mar 14th – 4:28pm, called Sabina (714-577-1791) – (Luke’s boss) – Luke is on vacation this week – she will be filling in for him – she does not show that a denial letter went out? I told her I have it in my hand dated 3/10 shipped overnight – she put me on hold for 5 min and came back with the letter – she reviewed my gross income and expenses – reviewed the house expenses and she concurred that with the house, the second & HOA fees we have a payment of $3803 which is 40.8% & that as a percent of gross income is more than the min of 31% - she is filing an appeal letter in the morning and will re-contact me on Tues the 22nd – I discussed the need for a reinstatement letter in case we need it as a backup plan – she reviewed the account and currently shows $20861 due in back payments & $8561 in neg escrow – she needs to research to see if the neg escrow can be included in the reinstatement amount – she will process a.s.a.p. but at the very least will update me on 2/22


Mar 18th – called Sabina 1:30pm – she has submitted the appeal letter and expects to hear back on Mon or Tues – nothing new at this time – sale date 4/15
Mar 21st – LM for Luke Mai – 8:29am
Mar 21st – LM for Luke Mai – 3:10pm
Mar 22nd 9:15am – LM for Sabina
Mar 22nd 9:35am – LM for Luke Mai
Mar 22nd 9:41am – called trustee sale phone line – sale date of 4/15
Mar 22nd 11:14am – Sabina called, she has the 401K letter done – it is at legal and will be fed-ex’d Thursday – sale date is now May 16th and she should know more on the appeal on Thursday or Fri
May 22nd 6:10pm – called the trustee sale phone line – sale date of 5/16
Mar 30th 10:40am LM for Luke Mai
Mar 30th 10:42am LM for Sabina Murshedi
Mar 30th 1:48pm got a return call from Sabina – sale date still May 16th, nothing new needed- still in ‘appeal status’
April 1st got a call from Marlene Estrada on my cell – she is my new negotiator (she left this on VM for me) and she left her # of 877/430-1431 Ext 14117 and suggested I return her call at some point – she is just calling to introduce herself
April 5th 12:35pm – left a VM message for Marlene
April 5th 1:41pm – got a return call from Marlene – she has been assigned my account from Sabina – the account is still in appeal status and the sale date is still May 16th – she will be following up in the next few days with any updates
April 6th 1:35 pm, got a VM on my cell from Sabina Murchedi saying she was following up on our previous calls
April 7th 3:39pm, I returned her call but she was not in
April 12th 8:12am, left Sabina (714/577-1791) a VM – checking on status
April 12th 11.10am, got a return call from Marlene Estrada – advising that ‘Making Home Affordable’ appeal had been denied due to income to house payment debit ratio being less than 31% (the minimum) when Sabina and I had done the math and came up with 40.3 % which is why we submitted the appeal – Marlene is requesting actual figures used since all they had listed was an income (gross) of $9271 and ‘after not considering the HOA fees’ (which according to the MHA docs they are supposed to consider) the percentage is less than 31% - she will see if she can process something ‘in house’ and request further info from MHA and she will contact me next week
April 15th – got a FedEx letter from Marlene with a blank ‘Making Homes Affordable’ RMA form, a blank ‘Personal Budget’ worksheet, and a request (again…) for two pay stubs, two recent bank statements, a letter of explanation, a recent utility bill, a list of expenses and HOA proof…
April 19th – 9:02am – LM for Marlene
April 19th - 9:49am – Marlene called back – no new info – she has not heard any explanation from MHA as far as how their math shows less the 31% - we reviewed the numbers again and she is understanding but is NOT a mover / shaker by any stretch – she will attempt to re-contact the MHA people for further explanation and/or details – sale date is still 5/16 but she can request another extension
April 21st 8:38am – called Customer Service dept to get reinstatement figures – got a fax for reinstatement totaling $28, 836 but this does not include escrow – then transferred to escrow (800/669-6607) who told me neg escrow is currently $10, 958 and she will fax a statement but this figure cannot be included in reinstatement letter (even though it was included last time… Mar 22nd)
April 25th – 8:31am - Called cust serv. to attempt to get a reinstatement figure/letter including the neg. escrow amount of $10, 958.29 – cust serv could not help me and transferred me to the foreclosure dept – held for 2 min then call dropped
April 25th – 8:40am – called collection dept to ask the same as above – automatically forwarded to modification dept – modification dept can only ask for a reinstatement letter, they cannot include the neg. escrow amount – she said the escrow people may be able to do that – she transferred me to escrow dept – the escrow people say they can only send me an escrow printout – they have nothing to do with foreclosure...
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April 25th – 8:55am – faxed 401K Hardship Withdrawal application paperwork – called to verify that it had been received – 5 days to process check, they will overnight it to me, I talked to my local Wells Fargo branch (where I have an account… and my 401K is with Wells Fargo Retirement Services) and they will not put a hold on it so for a small fee I can overnight ‘certified funds’ to the BofA people and be DONE!
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April 26th (ok, decided maybe not done… I will try a call or two to the MHA people on a contact phone number listed on the decline letter) 8:15am – called 888/325-5399 – which turns out is actually BofA modification dept – talked to Claudia who while reviewing my account the phone call dropped?... called back and got Jasmine who reviewed the information & we discussed the denial letter stating that we were less than the 31% min so did not qualify when in fact the math (using their numbers as stated in the letter) and said that she can see the orig. appeal which was approved on April 1st (due to housing cost equaling 37%) but then denied on April 7th but no reason indicated
April 27th 7:50pm, called modification number (same as above) and spoke to Matt, Matt said he can see the MHA appeal was submitted on the 26th and no update yet, try back on Friday – sale date of 5/16 and we can submit for a sale date extension 14 days prior so 5/2 we want to request that extension.
April 29th, 7:38pm - Called modification number again – no update at this time I should try back on Monday May 2nd
May 2nd 4:07pm, called Larry @ modification assistance (888/325-5399) – no update on the appeal notated at this time on the account – it still shows we are reviewing other in-house bank modification options for you – BofA is experiencing some computer software issues in our appeals area so this could be affecting your appeal – I would check back on Thursday or Friday
May 3rd 9:25am called Marlene for status check on appeal from MHA – someone picked up but nobody there – faint voices in background – redialed: talked to Marlene, she has not heard back from MHA concerning explanation of the denial – she is re-escalating the MHA request and submitting for an extension on the sale date (it is obvious that the notes she is reviewing have noting in them concerning the appeal that the cust svc people submitted for me last Mon/Tues – they must have multiple files for me)
May 3rd 1:38pm called ‘modification assistance’ one more time (Marlene, with all her good intentions, sounds like she is ‘out to lunch’…. so I wanted a second opinion) – this gal I got was pretty spot on but said the following:
A) They (BofA) now have a “sale date extension team” & their job is to automatically process sale date extension requests on behalf of the homeowners if the account appears to warrant it – the downside is that the extensions cannot be manually processed until within 3 days (just to catch cases that slipped though)
B) My account shows that I had already talked to Marlene today and she was escalating the appeal concerns – multiple people submitting for these will complicate and slow down the process
C) She said that the appeal will probably take a few more days to process
D) She also confirmed that the reinstatement amount expires on 5/5 and if the check shows up after that it would likely be returned because it would be a few dollars short which would not be good – and she confirmed that the reinstatement amount of $28, 836 includes the neg. escrow amount (it includes 8 payments of $3455 of which approx. $1200 is escrow monies) so after paying that $28K amount our escrow account would have a few hundred left negative.. which would be ‘normal’
E) Lastly she suggested NOT waiting til’ 5/4 to overnight the reinstatement amount just in case – she suggested today would be way better to send it so… I had a ‘cashier’s check’ cut to BofA and overnighted (UPS #XXXXXXXXXXXXXXXX) to the BofA address indicated on the reinstatement fax (shipped on 5/3 to LA BAC address - )

Done – one year after starting this process……. and sadly, I still have no answer why MHA denied me (see March 11th above) based on the fact that the math indicating why we were denied (in the denial letter no less) did NOT equal the amount that would have given them cause to deny – whatever … done – paid my $30, 000 from 401K retirement in order to keep the house – the “Making Homes Affordable” program is NOT user friendly, BofA is out of control on stringing people along through this process – I take full responsibility for getting us into this mess but… I really feel for people without the resources to be able to fix the problem themselves because it seems virtually impossible to rely on ANY government program as it applies to housing/loan assistance if you put the bank in as a middleman….

May 4th, 10:47am: Got confirmation email from UPS that over-night letter was received at BAC office and signed for by Aldaz – I will follow up in a few hours to verify it is being processed
May 4th 1:54pm – no update, call back tomorrow and the check should have been processed
May 5th 10:12 am - check has not posted, I was advised to call the bank that issued the check to see if it had been cashed (Wells Fargo) – so I did and the check had not yet been cashed – I called BofA back and this person said it takes at least 48 hours to process but will be stamped with the proper arrival date “don’t worry”
May 5th 1:18pm – no update ‘sir, it takes a while to process the back payments and credit the check to the right accounts’…. So during this ‘processing’ nobody notes the account that the check has been received? ‘no they do not’ - nice
May 5th 4:12p, – no update, check still not posted, spoke to Tiffney (800-399-1762 ext 8502) who seemed sort-of knowledgeable and concerned & she said she would continue checking on the account and notify me as soon as the payment posts – she actually left me a VM at 6:59pm (end of her shift) to say the payment had not yet posted
May 6th 10:42am – Tiffney called to say that the check did post to the account this morning and it would take approx.. 48 hours to process and clear the account – she said the escrow account review will happen automatically and my new payment with P&I and escrow should be $2600.37 and will be due June 1st
May 7th – 9:44am – called cust svc line of 800/669-6607 – anything I ask for on the automated attendant says ‘I am sorry I cannot help you let me get you someone who can help’ – then after a 2 min hold I get dropped – this happened 4 times before I switched to 866/422-5871who then told me the payment had not yet been processed – call back on Mon or Tues
May 9th 11:07am, called cust service 866/767-4104: payment not yet fully processed, account is still with negotiator Marlene but when asked about the approx... $8500 paid and not credited to the account (Oct, Nov Dec & Jan payments of $2124 totaling $8496 – paid after foreclosure started and posted to a ‘partial’ or ‘holding’ account) she asked that an account history be faxed to me – she also said I can get account history info on-line but when I went on-line the account is still in the ‘information blocked due to non-payment’ mode so I cannot access it – once I have the history I can follow-up with ‘payment research’ dept (800-669-6607) – then she transferred call to foreclosure dept – I left VM message for Marlene
May 10th 9:36am – Marlene called to say the account now shows ‘0’ so that means everything has been processed and will no longer be assigned to her – she is still looking into the MHA decline and has escalated the question twice – she will still call me if she gets an answer – otherwise my contact should be cust. service @ 866/767-4104 – Marlene says she show payment should be P&I of $2123.63 with escrow amount of $1331.97 but I can request a review from the cust svc people now that the account is caught up. Marlene also said the sale date is one off the account at this time.
May 10th 9:51am – called cust svc 866/767-4104 and they told me my account was assigned to a different dept and transferred me – this person looked into my account and said my account is assigned to Raquel at Fannie Mai 877/430-3404 and I should talk to them – I called Fannie Mai and she said my account shows assigned to a negotiator Marlene and I should contact here – I expressed concern that this was my 4th person to talk to today and Marlene had already said she was not my contact – Raquel took down all my info and emailed her supervisor to try to sort this out – I should be getting a call within 24 hours from her supervisor. –
May 10th 10:41am – called trustee sale hotline 800/281-8219 for TS# 10-0148827 – sale date is May 16th at 10:00am and now has an opening bid listed at $221, 500….
May 10th 10:45am – called Marlene back at 877/430-1431 ext 14117, left VM message concerning sale date info and multiple rerouting of any calls I make to the cust svc dept.
May 10th 10:51am – called cust service at 800/669-6607, Laquenita cannot help me but will get me to someone who can…. 7 min hold…. Got April on the line from Tennessee who knew her stuff… finally…. - she says reinstatement could take as long as 60 days to get completely sorted out as far as payment postings, etc. – she shows no sale date listed on the account at this time – she suggests that I fax in an ‘op-out’ letter to 800/520-5019 so the mod process will stop and my on-line access will be reestablished – the account is coded in a way that blocks some applications within BofA.
She transferred me to Janna from MHA decline dept – Janna reviewed the account info and the decline info - $3455.59 house payment with P&I&escrow with gross income of $9316.22 = 37.1% ?? she did not understand it and transferred me to a supervisor
Next I got Craig (MHA supervisor) who did the math and agreed – we have an issue here – he is resubmitting to the review team & will contact me on Friday the 13th to advise – note: Craig is in a ‘call out only’ office so I cannot contact him – I gave him my cell # so I had no chance of missing him
Friday came and went…….. no contact
Thurs May 19th…. No contact
Tues May 25th… still no contact
Tuesday May 25th, 11:22am, called cust service to inquire about my payment amount & date – on Sat I received my first mortgage bill from BofA in 5 months or so – it states payment is $3455.59 but I had been told since reinstatement check included all the neg. escrow the payment would change to $2600.37 (see May 6th.. above) - cust service can’t help me because my account is assigned to the cust assistance team – let me transfer you…. Cust assistance team said my account is assigned to negotiator Marlene so she is the only one who can discuss the loan with me – I said the last time I spoke to Marlene she stated she was no longer assigned to my loan sine the reinstatement check had been processed. He said he could not help but he could email her and her boss to contact me immediately – whatever…
Tuesday May 25th, 11:48am, called cust service back and told them not to transfer me to cust assistance or to Marlene – just tell me what my payment is please – she said it looks to be $2687.44. I said my bill indicated differently and she said cust assistance or Marlene would be the only ones to tell me exactly what the payment is…. And she suggested I pay what is on the bill 
Tuesday May 25 2:44pm, Marlene called; she has no idea what my payment is – she can reach out to escrow and call me back on Wed. to give me an exact number
Never heard from Marlene…..
Thursday June 8th, called customer service to verify payment amount and was told I need to speak to Marlene for info on this account – I explained that Marlene 1st does not have a clue what my payment is and 2nd, she won’t call me back- after a 5 min hold I was told my payment is $2687.44 - so I paid $2700 via Union Bank electronically sent on 6/8 (payment is due on the 1st and late on the 16th)
Tuesday June 14th, got a FedEx letter from BofA modification dept denying my appeal for the Making Homes Affordable program dated June 13th? – I called customer service to verify payment was received and posted to my account properly, the gal I got on the phone cannot talk to to me about my account – I have to speak to my negotiator – who she says someone named Sara (I have lost count but approx.. my 5th negotiator during this process… 2 of which, including Sara, I have never heard of or from…) so she sends Sara an IM but Sara does not respond so all she can do is email Sara and have Sara call me – what is my best contact number?... this is almost funny…. So I kinda go off on this poor gal saying I just want to know 1) did my payment post to the account and 2) what is the exact $$ amount of my monthly payment and 3) how can I get these BofA MHA denial letters to stop?
She somehow looks up the account and says my payment is $3455.59 (per the ‘payment coupon’ screen) and she shows my $2700 payment being received on the 13th but it has posted to a ‘partial payment’ account pending receipt of the other $755.59 (which is due by the 16th or late charges will apply…. Nice!) – she transfers me to her supervisor Adam: Adam verifies her $$ information and says I really should have gotten a payment coupon cause he can see it in the system – he has no idea why anyone would have told me $2687.44 because the payment is clearly $3455.59, my escrow account was reviewed on May 16th following the reinstatement – the escrow changed the payment to $2688 but not til’ July 1, the June payment is still the $3455.59 figure so I am behind by the $755.59 amount – he will also forward an email to MHA to stop sending FedEx denial letters if possible.
Wed. June 15th 2:45pm, I called Cust Svc to pay the $755.59 via debit card – I explained to the gal that my payment was a little messed up due to confusion on BofA’s part concerning my payment amount – so I had paid $2700 but apparently was a bit short – she pulled up the account and she said yes a bit short but only by $58.97 – my payment for June was $2758.97 and I paid $2700 so yes it was in a partial account but waiting for the $58… I asked her to double check since I have gotten many different versions of the payment and she stated that she always looks on the ‘back’ escrow screen which is the real info – she said the front screen on BofA’s software shows $3455.59 and the coupon page shows $3455.59 but the escrow screen (what she calls the ‘real’ screen) shows $2758.97 for June, $2687.70 for July – the payment, as per her info, will continue to decrease slightly each month for 9 months and then should stabilize at $2679.51 (there is a small neg escrow being paid off for 9 months)…
She did say she will take the $755 payment if I would like but $58 is all that is required – I did not have a check with me (they cannot do a debit card transaction) and I still have Thursday to pay so I will call back in the morning with a routing # and ac# to make the $58.97 payment


Thur. June 16th 11:53am - Called cust svc (800/669-6607) – 1st gal could not view notes on my account (she was in collections despite me calling cust svc?? So she transferred me to cust svc – they can see more info on the account from their end…) – direct cust svc# 866/767-4104 is the number she recommends for cust svc – she will transfer me…
I then got Tamera… gave her my loan # and soc sec# - she is not one of the quick ones sadly… loan # took three tries and last 4 of my soc. Took two tries… then she wanted to transfer me to ‘someone who can help’ but I told not to transfer me – I just want to pay $58.97 to my account via the phone… she put me on hold to get the ‘partial payment’ status released…
So Tamera came back on the line after 20 min… my June payment has now been released from ‘partial payment’ status and I don’t owe anything more for June 2011. My new payment inc P&I and escrow is $2679.83 and she will send a July payment coupon out right now- she can be reached at 800/669-6607 ext 9406 and she apologizes for the confusion – not every rep knows where to look for the payment info… so I passed on my concern that over the past 30 days I have spoken to 6 or so different people all of whom had different payments listed for me ranging from $3455 to her which was the lowest – she assured me that June was paid and no late charges would be applied for June and she assured me that Julys payment was in fact $2679.83… we will see…

I've sent the following to my representative and senator. I've also contacted BofA and been rudely dismissed. I've even emailed Ken Lewis (ken.d.lewis@bank of America.com) trying to at least engage him in conversation. Would love your help in bringing discourse around this matter to a public forum….see the note below….and thank you…. I'm writing you because you represent my voice and that of my fellow Americans in government when we feel we are being wronged. At this time, Americans are struggling mightily to make ends meet. Your efforts to fix predatory lending practices (especially in sub prime lending) have been noticed and appreciated. To that end, I feel that another predatory practice by Bank of America needs to be discussed in a public forum and addressed soon thereafter. B of A currently charges fees of $35 per charge when one tries to charge more than one has in his or her bank account. At face value, it may seem that this is a fair practice. I can understand the practice if someone is passing bad checks and a fee has to be assessed. But with today's debit technology, an automatic decline should be easy and free to the public. When one digs deeper, one realizes that this is a practice purely designed to unfairly gouge the American public through deceit and obfuscation. So, here's the policy…A $35 fee for each time a charge over your funds is ATTEMPTED. As an example, recently I unknowingly was making charges on my debit card when I didn't have the money to cover it. The charges were numerous but only totaled $23. That's $23. One charge was for $.27 cents…for which I was charged $35. B of A charged me over $400.00 in overdraft fees for that $23 overage. I called Bank of America to try to find some relief for these charges and was told no. Seems counter to the "flexibility" and understanding for families that the new administration is trying to get in return for billions in bailout dollars. Look a little deeper and the practice is even more disturbing: 1. You can't actually just get an option for a decline on your charge without the $35 fee. So, even if you don't have overdraft coverage, you will still be charged $35. Since technology has allowed banks to simply decline a charge, I don't understand how BofA can justify charging a $35 fee for each charge versus just declining it for FREE. 2. BofA says the only way to protect against this is to link a BofA credit card or a savings account to your overdraft checking. So, an over-limit charge is charged to your BofA card or deducted from you savings account. In both cases, BofA makes money….either through interest on your credit card or from service fees on the savings account that you are required to have. And, by the way, the overdraft service also has another fee associated with it. 3. As if that weren't enough, BofA recently increased the allowable number of charges per day from 5 to 8. That a $105.00 per day increase, per cardholder. The bottom line is that I don't want my money back from BofA (though they should have at least treated me better considering I hold six accounts with them). I, like the many Americans flooding blogs with similar stories, want justice. I would like this issue explored fully and for Bank of America to be called to answer for this unfair practice. The fact that American taxpayers in the US now own a $50B TARP stake in BofA (which only has a market cap of $40B, by the way), only makes our voices that much more relevant in this matter. Lastly, I will say that I firmly support Obama's call for Americans to be more responsible with their money. I was less than responsible for letting my account go overdrawn by $23. Thankfully, my wife and I make decent money and can cover this amount. Just think how American's with lesser incomes would struggle with this. Then realize that this a core profit center for BofA.

On June 9, 2011, I noticed I was in the red on my account page, in the amount of $18.35. At that time there was no fee assessed or on the record. I went to a local "stand-alone" ATM to make a deposit, and the door wouldn't open. I went home and called a local BOA branch office and reported the ATM to be inaccessible. They told me they would get someone right out there to fix it. I waited until the following morning to go back to the ATM and deposit money. This time, I got in. Before I left my house, I looked at my account page, and there was no fee assessed at that time, so I thought I was good to go. I made the deposit, and as soon as the deposit was made, a fee was added. Had I known about the fee being assessed, prior to my deposit, I would have brought more money. I have tried several times to have the fee reversed, to no avail. Each time I called to resolve the issue, I got a different story as to what happened, and it all amounted to lies! Luckely, I took a screenshot from my computer of my accounts page just before I left for the ATM on the 10th, clearly showing that no fee had been assessed at the time just before my deposit. Once I made the deposit, the fee was taken. Stolen I should say.

Even though Bank of America offers many options and benefits that most other banks do not, I find this company to engage in questionable practices to assess fees. The Customer service representatives "acted" kind, but were somewhat arrogant and stern. I wouldn't care so much if I weren't a disabled American, but I am, and money is extremely tight, month to month.

Unless you always have a lot of money in your account I would not recommend going to Bank of America. If you are disabled and run on a tight budget, stay away from Bank of America. These days, now that everything happens electronically, a $35.00 fee is very excessive, especially to the disabled. These people have no compassion, no sympathy, and just don't care about the hardships of people struggling to survive. They see it as taking candy from a baby, and that, it is. Fees for overdrafts should be based upon a percentage of the amount over-drafted, not a flat fee.

I would like to recommend that anyone experiencing this type of unfairness to write your United States congressman and senator and DEMAND that regulations be changed to a percentage of the over-drafted amounts, rather than flat fees.