Oops We Lost Your Docs So You're Going To Foreclosure

After Alexis’s employer started making her and other workers taking mandatory furlough days, her income dropped so much that she had trouble making mortgage payments. So, like many others, she sought a loan mod. She followed all of Bank of America’s instructions and thought she was on the path to getting a mod. Then BoA told her they were going to foreclose on her house.

Alexis writes:

I bought my home in Las Vegas in 2008. In late 2009 my employer started enforcing furlough days causing me a large decrease in income. I called Bank of America asking for help. They informed me that the only way they could help me was for me to fall behind on my payments so that I could qualify for a modification. After much thought I decided trying to get a modification was the best course of action. After 2 months of being behind I received a package and a phone call with instructions to begin making “trial” payments. I made these payments in Dec 2009, Jan 2010, and Feb 2010. I was then informed to continue making my trial payment until the final modification was processed. I made my payments each and every month as instructed and provided them with financial information and paperwork as soon as they requested it. I also called in at least weekly to check on my status.

In July I received a FedEX package with my final modification documents in them. I had a new payment amount to make beginning in August and had to return the paperwork. I did so and tracked it to make sure that it had arrived. In August I began making my new payments and was assured by the customer services reps that my loan was being processed and that it was in the closing stages that would “take about 60 days.” I called in less frequently to check on my status due to believing them. I have continued to make these payments even though it has been past the time frame that I was initially told. This month I called to make my payment and was told that it was still being worked on and to “please be patient.” Then on October 8th I received a letter called “Notice of Intent to Accelerate” stating that if I did not pay all of my past due amounts by November 7th that foreclosure proceedings would ensue. I immediately contacted customer service and spoke with Shannon after being trasnferred to 3 different departments. She did some research into my account and discovered that the person who was assigned to handle my closing had discovered on October 5th that she/he could not find my signed and notarized documents and that my loan has been marked as me not paying as agreed on and that was why I started receiving these letters.

She told me that she was going to send my case to an “escalation specialist” and that the letters would cease while they looked into this matter. She also put in her referral to them that they had it documented in their own system that I had returned the documents and that there was no problem with them until October 5th. I asked if there was anyone that I could talk to sooner rather than later as I do not want my house going into foreclosure as I have done everything that they have asked. She stated that there was not. I have since received 2 more letters that stated my house in going to go into foreclosure as I have not made payments. I called again today and spoke with [redacted]. She informed me that I would probably have to wait up to 30 days for an escalation specialist to review my grievance. I informed her that this was unacceptable to me as they had lost the paperwork and the letters I have received say that they are going to start foreclosure on the 7th. She stated that she would put in another escalation request but that there was “nothing else she could do.”

I need help in resolving this and can’t seem to get past the front line of customer service people. Can anyone help me?

Thank you,


As you may have heard, the banks seem to be having a hard time keeping track of where all that darn paperwork has run off to. You can try contacting the HOPE line, at 1-888-995-HOPE, speaking to a counselor at CredAbility.org, or some of the BoA executive customer service info in our company directory.

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