Forced Into Chapter 13
  • After realizing our loan modification was never going to happen, and being four payments behind on our mortgage, husband and I decided to suck it up and go for a six month payment plan to catch up. We got behind due to unemployment, and we also neglected to renew our windstorm insurance during this time. In short, that put us four payments behind, PLUS five grand in the hole for BOA insurance.

    In October, I got a $2700 down payment together and, per the instructions of the BOA rep, I obtained a cashier's check for that amount and FedEx'd it to Dallas. It arrived when they said it should, and it was signed for. (Insert sigh of relief here) There was no sale date on the house. Things would be just fine. Yeah, right.

    In November, I called a couple of days in advance to make my payment by phone, just as Nathan instructed me to. However, my call was routed to our 'loan rep'...or some such title that I cannot recall due to the sheer amount of stress I have been under. In any case, the loan rep informed me that I could not make payments by phone due to the fact that a sale date had been assigned to our home. WHAT???? It took her at least ten minutes to even find proof of a payment arrangement. When she finally did find it, she said that I had to pay via Western Union. Okay...fine...done.

    About a week went by when I got a letter from BOA informing me that I was being reimbursed for the payment I had made due to the fact that it did not represent the full amount owed. I was on the phone faster than I can properly convey. It was quick. Damn quick. Sure enough, Ms. Loan Rep said that they had not received the $2700 up front/down payment money I had sent a month earlier. I KNEW that was b.s. because I tracked it and knew the minute it arrived in Dallas and who had signed for it. I let her know this. This led to being put on a three way call with a psychopath, who informed me that people 'pull that' all the time. You know...pretending to send a check, then not doing it, even if their freakin home is on the line???!!! I gave the nut job the tracking number of the FedEx. She looked it up right there while we were on the phone. She found the information, then told me that FedEx guy had probably signed for it, himself, and thrown it on the counter. Apparently, this is something FedEx guys do all the time. NOT! She then told me that I had to provide proof that BOA cashed the cashier's check. I went to the bank, got a copy of the check....they had not cashed it. Okay....now what?

    In the week that followed, (last week, to be exact), I was told that I could put up more up front money to secure a new payment plan, However, it would be more than the last down payment because we were now another month behind. My mother said she'd loan me the money...I let the loan rep know I could get it together. But then she switched the game and said I really needed to do a loan reinstatement. WHAT???? At this point, she had informed me that the sale date on my home had been moved up. Then back...then up again. Every day last week, she told me something different, including saying she could not fax reinstatement papers to my local BOA branch, (her suggestion), because I had not provided her with their fax number! This is what I heard from her on Friday evening, with today, Tuesday, being my alleged sale date.

    There are soooooo many more details to share, but nobody has enough time on their hands to sit and read about all of them, so I'll cut to the chase.....

    Friday evening, after realizing I had been screwed and conned, I made a desperate call to a real estate attorney that I found in the Yellow Pages. For some reason, he was still in his office and was able to refer me to an attorney who could pull together some time to put together a Chapter 13 by this morning at ten o'clock. The first lawyer said, just for kicks, call BOA and leave his fax number and ask for foreclosure papers to be faxed there. He said, 'Honey, I'll call ya when I get them. So, don't ever plan on hearing from me!' And, sure enough...he was right. They never faxed the papers.

    The attorney we retained said BOA was only using scare tactics and whatsuch. My question is: To what end? When you have someone who is literally begging to send you money so they won't lose their home, why keep on torturing them? Why not take their money? Common thugs don't even do business like this. It's crazy. I'm left feeling forced into something I don't want to do, and I feel totally conned....like my family has been messed with. And I don't feel that there is jack that I can do about it. Hubby is relieved to at least get some resolution, but I don't call bankruptcy resolution if you don't want to file it. It's just the only legal maneuver available to stop foreclosure in this state, I guess.

    Anyway...that's my story. I am still shocked that all of this even happened. Simply shocked.

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