Bank of America Complaint

Bank of America - Bully in Times of Personal Flood Crisis - Loan

- Georgia

My family is a twofold victim of Bank of America.

1. We own a family house which suffered a class 4 flood in Sept. of 2009. It required $99,000 to repair. We had a nightmare experience getting reimbursements from the flood insurance because Bank of America requires that they receive the money first. I signed the check, B of A co-signed and the money was sent to Calif., then routed back to N. C., then payment of no more than 20% at a time was sent by ordinary mail each time we made application to get it. The use of Fed Ex or bank wire were refused until the last payments, so the repairs were way ahead of the reimbursement because the entire process took so long. There was no central person to tell me how the process of reimbursement worked or what I needed to do, and no one I could reach who had any authority. Time and again I called and was put on hold for long periods of time and reached a different person each time.

2. In addition, I called Bank of America about the loan on the property as soon as the flood occurred and explained that the house had been flooded by class 4 sewage (my brother ended up in the hospital with colitis from working around the tainted property) and it was, therefore, uninhabitable. The damage was so severe that the hardwood floors had to be removed down to the joists and replaced, the first 2 feet of sheetrock in each room had to be cut out and replaced, the heating system, air conditioner, water heater, breaker box, all kitchen cabinets and applicances aksi had to be replaced. After the flood occurred, I spoke to someone at Bank of America named "Andrea" about the loan payments. She told me not to worry. She said they were aware of the flooding in Georgia and that the months the house was not habitable would be wrapped to the end of the mortgage and all penalties and late fees would be waived. Andrea even gave me a reference number.

We proceeded in good faith, reconstructing the house and moving the tenant back in. As soon as the tenant reoccupied the house the family resumed the mortgage payments. Before that however, I received a notice of late payment. I have spent hours and hours on the phone (I have complete notes of what times I spent and what was said) speaking to people from India and many different states in the U.S. and have not yet reached anyone with the authority to help me. I have been able to get nothing in writing from Bank of America and am unable to call anyone back because I am told they don't have "incoming" lines. In the meantime, my and my brother's credit has been damaged because of this issue in spite of what we were originally told by "Andrea" who has never been located. In desparation because we could never reach anyone in authority to speak with about this issue, we finally took some of the flood repair insurance money (which needed to go to the contractors to pay for the repairs) and paid approximately $7,000 to Bank of America in order to bring the loan up to date and avoid foreclosure. We will now have to make payments to the contractors.

I have been calling Bank of America for months trying to reach one person who can help me, first to rectify the situation as it regarded late payments, and now to get our credit straightened out. As of 3/1710 I still have not been able to speak with anyone in authority. I have been told the matter is "under review" by many people and that this and that supervisor would call me back, but no one ever has. I met with the manager of the Bank of America in my building, but he cannot help me. I have jeopardized my job (you will see from my notes if you decide to air this story) by spending so much time on the phone. I have been through 4 surgeries in the last year, and have had to deal with the impersonal, uncaring attitude of Bank of America on top of all that. I am at my wits end and still waiting for a "supvervisor", Arthur Mitchell, a man who told me he would call me back over a week ago, to call me back.

I am closing my bank account with B of A, one I have run close to a million dollars through over the years, cancelling my BofA credit card, and, when I can get my credit straightened out, I will move this loan to a servicer I can have a relationship with. I have also heard nightmare stories from a number of other people about Bank of America as well. As I understand it, banks make their money from the interest on loans. With the treatment I received, I can see how many people would give up and just walk away from their properties. It would seem to be that this is not a desirable outcome for Bank of America. I work for a law firm and had a lady call me recently seeking a lawyer to deal with the problems she has had with Bank of America. This story needs to be aired because it is a perfect example of why the system no longer works. Below please see a few paragraphs from my notes to show a small bit of what I have been through. Perhaps these examples can explain my frustration a bit better. Please help expose this treatment which many of us with Bank of America are going through. Thanks so much and I hope to hear from you. Brooks Hunnicutt: (404) 285-5011.


2/23: 1:50 – 2:18 pm Called Home Retention: (800) 669-6650 re: acceleration notice. 1:50PM on hold. Got someone in home retention and asked for supervisor at 1:57PM. Supervisor (Robin in India) came on, listened to story and said he would check options. Said he would forward mail to "workout" department. He said they could provide a special forbearance plan, suspend payments for a couple of months. Total past due amount, etc. will be taken into consideration and maybe be put to end of loan. He said that there were no guarantees and that he cannot send anything in writing. He said this can only be done by the Workout Department. My phone number in the system was not correct so he corrected it and he said that this was the only effort Bank of America had made to reach me was by phone. He said the workout will take appx. 30 days and that I had to fill out documents. Off at 2:18.

5:06 – 5:45 2/23: Called Ellen at Ext. 868 to get forms I needed for final flood repair reimbursement. 5:06 – 5:14 pm: Waiver of Lien must be signed by contractor and notarized; Certification of Repairs by me and Gregg no further inspection is needed. Called back at 5:18 because Waiver of Lien not attached. Will send Waiver of Lien. It did not arrive by next morning.

10:20 – 10:40 2/24: No waiver of lien arrived. Called: (800) 669-6076, Option No. 2 Spoke to Julie: 4th request for Waiver of Lien (404) 238-9715 Brooks Hunnicutt Fax) ended 10:33 waiting for fax to arrive. Received fax. Filled out paperwork, gave to brother, he signed, took waiver to contractor who signed and got notarized, brought back to me, faxed and confirmed at 2:27PM.

2/25 1:01 – 1:10PM: Called to make sure they received faxed paperwork. Spoke with Josh Ext. 8903: stuff sent can take up to 72 Hours to couple days to post. Give a call after 3PM today or tomorrow. Takes 7 to 10 days after receipt of forms to receive check. He made a note to expedite by sending overnight. Doesn't know if they will or not.

2/26 12:35 – 12:39 PM – Called again to make sure they received faxed paperwork. Spoke with James, said not uploaded and that it takes appx. 48 hours. Call back later today or Monday. After that, takes 3 days to cut check which would be next Wed.

2/26 2:27pm – 2:46 Called HOME RETENTION: (800) 669-6650 to see if my credit and my brother's credit have been ruined. Automated buttons, hold, switched to another (ringing) line, more hold; 2:33 spoke Karina (Simi Valley, CA) discussed flood and problems; 2:37 put on hold 2:39, under review for disaster relief – she recommends paying anything we can on loan because review might take while; said cannot change late payment listed on credit, might be able to reverse it later, but no guarantees; her understanding is that even people under review, collection etc. are reported late. Bank only calls to tell people about being late and credit being in danger, doesn't send any paper. The flood issue has been assigned to negotiator Crystal Middleton, but I cannot contact her and don't have any idea what she has in the way of information. Now that they have paperwork (I don't know what paperwork because I have never spoken to anyone directly working on the issue), it was assigned to her. Karina said to call once a week and check on the status of this.

3/5/10: Called "Notice of Intent to Accelerate" number (866) 653-6183. Call took 2.57 mins. to connect. Got someone named Jose; asked for a supervisor; he asked for acct. No. which I had already put in when call connected; I asked for supervisor and he took another few minutes to try and find out what I wanted as I repeatedly asked for a supervisor. He put me on hold for a long time and then came back and said there was no supervisor available and did not offer to take a message. After reiterating the story of the flood and loan problems for the millionth time, he said that if I would send a fax to (805) 520-5019 they would correct my credit report and send me something in writing. I repeated that I had no faith in this process and asked who was to be accountable. I repeated the phone number he told me to call and the entire call took 17.14 minutes. I then spent another half hour copying papers and creating a fax with the story in it once again and took it to fax. I got "no connection" twice. When I tried reverse lookup for this number, there was no information. I will not have to see if I have the fortitude to get on the phone once again and try to get some meaningful number. I am tired. This whole process took a lot of time away from my job.

3/5/10 3:29 pm: 2nd call to (866) 653-6183 on hold from 3:29 – 3:34 answered by Alex. She said fax gets busy and says "no connection". She says try later when not so busy. She says they need more fax numbers and have been having problems with the number. Off at 3:35.

3/9/10 1:10 – 1:41 pm Called (800) 262-4218 170048580 Entered acct. no.; pushed 2, on hold, 1:21 a person came on, asked for a moment to pull up my account, on hold again until 1:22; asked for my name, refused to get supervisor until I told the story for the 100th time, on hold 1:24 pm; 1:27 Steven, Supervisor in Home Retention came on the line; told story yet again; on hold again at 1:32 pm; back at 1:36 asking that I "bear with me" as he is trying to find out from his supervisor what he needs to do; asked to take my name to have his supervisor call me back – Toan ("Twan") Le. I told him I didn't feel confident that anyone would call me back and he assured me that Mr. Le would call me back and that Steven would "hand walk" my paperwork over to him. Off at 1:41 pm. No call - did not leave desk – went to bathroom at 5:02 pm.

3/10/10 9:47 Found message from Mr. Arthur Mitchell, Supervisor who said to call him at (800) 669-0102, Ext. 2522 (I listened to message twice to be sure of calling info). Now that I am offering to pay the missed payments, this is the first time I have been in contact with a "supervisor" who is willing to tell me his last name and give me a phone number.

3/10/10: 9:48 – 9:59, I called: (BAC Home Loan Servicing, L. P. (800) 669-0102): had to put in acct. no. to a recording, "no" not an agent, "no" to other things; now on hold at 9:50 a. m.; 9:52 Bertha answered, then put me on hold; asked for Arthur Mitchell; had to give name and social, waiting; said I am calling into a call center and that they take calls as they come in; I explained again and she said wait, then said she would try to transfer me; said there are normally more numbers that X2522 to transfer a call; wait a minute; waiting as she tried to figure out where to route me. Then said, "OK, that's 2522, OK one minute"; waiting again. Recording to "stay on the line". 9:57 phone is ringing – 9:59: no answer at this number. Hung up.

3/10/10: 12:58 – 1:42PM Tried again, same drill, then on hold waiting for live person who came on at 1:05 pm asked for name, social, both phone numbers, more waiting; then didn't ask what I wanted, just started reciting the amount due; I asked for Arthur Mitchell at Ext. 2522; she asked "did he call you?" I answered; on hold again 1:08 pm; "at the moment that person is not available – the reason for the call?"; more conversation; on hold again 1:10 pm; 1:12 got supervisor Ray Palo, told story again, said he would check with "some other personnel that I'm aware of" and at 1:31 put me on hold; 1:34, said he got in contact with "Art" who got paperwork from Toan Le and if I would give him some more time, he would call me back. Ray has not been informed regarding the outcome of this research so he cannot speculate. Off at 1:42 pm.

3/11/10: 4:48 – 5:17 PM No one called me back from yesterday. I called (800) 669-0102 to get loan balance to pay off. Talked to automated voice, gave account number; answered, "no", not agent, on hold; gave up at 5:05 pm. 5:06 pm: Tried (800) 262-4218, pushed wrong button and had to redial: on hold from 5:06 – 5:17 got payoff. Standard Fed Ex'd payoff to above address.

3/17/10 Wed. 10:20 – 10:50 A.M. Still no call from Arthur Mitchell; I called (800) 669-0102), got recording – do you have acct. no – "yes", do you have loan no. "no"; are you agent – "no", are you calling about …….."no"; on hold 10:23; at 10:24, Corey answered: he asked again for loan number and last 4 of social, asked for my name; asked for Arthur Mitchell at Ext. 2522; "let me just look into the notes and make sure I see there". "Is property occupied?" Me: "Why do you need to know that?", He: "Just so I can update my records". Me: "Yes". "When did you receive the call from Arthur Mitchell?" Told him, "One moment, let me look into the account." On hold 10:26 A.M. 10:32 AM came back, "Do you have his extension?" I gave it again. "All right, let me see if I can get you over to him." Came back, "that extension is not available". Me: "I was told that before, but it did exist". Him: "All right, let me try something else, bear with me for one moment". 10:33 on hold again. 10:34: "All right, thank you Ms. Hunnicutt. I emailed them a message. He may be busy at this time, he hasn't responded or replied back yet." Told story yet attain and finished at 10:38. "What months are affected" Me: "I don't know." "I wouldn't be able to change the credit reporting. Let me look into that, bear with me for one moment." On hold: 10:30 A.M. Back: 10:42, asking more questions, he mentioned reviewed forbearance, etc.; on hold again 10:43 A.M. – 10:48 A.M. "just got a message back from Mr. Mitchell, who asked what is a good number to reach me at. " Once again at 10:50 a. m., I left my number and a message that I expect to hear back from him by 5PM today.

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