Monday, December 21, 2009

Every home owner must read!

I am re-posting a blog from Denise Richardson of because I feel that this story needs to be seen by everyone.

Florida homeowners Sara and Moshe have been working tirelessly trying to save their home from a wrongful foreclosure brought about by BofA's erroneous accounting practices. Sadly, Sara and Moshe are just one of countless families across the country who reports their frustrations with big banks over bad accounting practices, mismanaged loans, and borrower loan modification runarounds.

In Florida the news is the same. Hundreds if not thousands of aggravated Florida homeowners filed complaints with Florida Attorney General Bill McCollum against Bank of America for stalled home mortgage loan modifications.

Below, Sara and Moshe share their ongoing frustrations over Bank of America's inability to properly account for their monthly mortgage payments -payments that were made timely AND at a Bank of America branch, but continue to be reported to the credit bureaus as late and even prompted a letter indicating their loan was now on an accelerated track for foreclosure.

As they continue to fight to protect their rights and force Bank of America to properly account for their loan payments, correct their inaccurate credit reporting they share their story here;

Bank of America has reared its ugly head and is making our lives miserable!
By Sara Yoel & Moshe Rozenblum

Bank of America is not only going after legitimate foreclosures, but they are now targeting innocent homeowners. We should know because we are one of them.

Let me tell you how bad BOA is and to what extent they are willing to go to increase their bottom line profits.

Our mortgage was obtained through "Countrywide" back in 2005 and BOA took over Countrywide earlier this year. After learning of President Obama's program to help homeowners modify their loans, we dared only ASK them back in March 2009 about a modification of our mortgage based on economic change and hardship. Nevertheless, we continued to make our payments every month and on time. We never missed a payment not one. However, all hell broke loose anyway. It appears that instead of helping us homeowners with the billions of stimulus money they received, they decided it would be more beneficial for them to ignore our request for possible loan modification and proceed to harass us.

First they claimed in March that they did not receive our payment, which was not true, because upon learning of their claim that they never receive a payment I made a second payment over the phone, and put a stop payment on the earlier payment. Oops! They suddenly found that missing payment and applied that too, along with late fees too. After months of arguing with them over this, they finally removed the misapplied fees.

On our July/09 monthly statement they showed that we owed them one month payment, we did not, because after they claimed they had not received our last month's check, as of June/09 we started making payments in person at their own bank and we have their receipt to prove it. Again, I was forced to make more calls and pleas for their help in correcting their erroneous accounting.

In August we all of a sudden received a "Notice to accelerate" our mortgage, which means they are going to proceed with foreclosure. Remember, we have NOT been late and do not owe them any past due monies -ever -we are up to date.

Feeling drained, emotionally beaten and fearful that our home was being stolen out from under us, we immediately went to consult an Attorney who made a call to them and lo and behold, they said it is all a mistake and they will correct it. Yes, they corrected it, but we would learn that would be just briefly.

Later on, after making our September payment, two weeks later we received a second "Notice to accelerate" for a different amount owed.

Through the months of March through August none of our letters (Certified!), faxes, emails and phone calls were ever returned. We sent a second letter (priority mail) from another Attorney in September/09 requesting an answer and correction, but they never bothered to respond.
The nightmare for us (the fun for them) was just getting started. Mid October we noticed again that our payments were not applied to our account, and have continued until the present (now December 2009). As of this month, they are showing that we owe them in access of $ 8,000 which is three months of mortgage payments; we do not owe a penny! We have made every payment we owe, and on time.

But the worst was yet to come.

They reported these erroneous late payments to all three credit reporting agencies and succeeded in destroying our excellent credit (in the high 700's score).

As a consequence, we have already been denied credit and or have had our credit cut off, due to the negative (erroneous) reporting in our credit file with the credit reporting agencies. You also think that filing a dispute with the credit reporting agencies might help while you can prove your innocence, No way! Absolutely wrong! We tried and still are trying. They refuse to help consumers. It is a joke to think that they will practice due process, or help us in correcting inaccurate information that harms our credit rating. It doesn't matter to them. They will continue to sell and disseminate this harmful and inaccurate credit file, whether it harms us or not because they profit from selling it.

We complained to every government agency possible: OCC of the Treasury Department that handles N.A. Banks, the Florida State Attorney General, the FTC, but none has come through yet with any help.

Bank of America has a duty to handle my mortgage properly, but they are not. We believe Bank of America is outright harassing us, intimidating us and trying to steal our home. Bank of America you can't steal our home, not without us fighting to do all we can to stop you from doing this to us and other innocent homeowners!

Just a reminder, they never even bothered to contact us or respond in any shape or form regarding the request for a loan modification. They are probably having a good laugh at our expense, but we hope that just maybe we will be the ones who will laugh last.

Sara Yoel & Moshe Rozenblum

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