Rebecca McClellan’s Painful Bank of America Experience
The following story is about HSITrust client, Rebecca McClellan’s quest to have her mortgage modified by Bank of America. I’m sure her story will resonate with many of our readers.
My name is Rebecca McClellan. Like many others, I am a struggling homeowner. In 2008, the market began to crash and my husband was diagnosed with stage 4 lymphoma cancer. The doctors at Stanford were not optimistic about his survival chances. He was unable to continue working. I struggled on, overwhelmed by the prospect of losing my life partner and trying to tend to his mounting needs. He needed to be taken weekly for 6 hour chemo-therapy sessions and doctor appointments at Stanford; each time a 3 hour round trip drive. We went from a two income family to me being our sole support, barely making our mortgage payments while trying to be a rock of support for his situation.
The government announced the first of several modification programs that applied to people like us, who needed help, an adjustment of our interest rate, maybe even a lowering of our principal down to the level that the house would be worth to the bank if they sold it. I began calling Bank of America to talk about a modification and was, on virtually every call, routed back to the front desk of the “Have a Heart” desk where they claimed they were taking and processing loan modification requests. Every time that I called, I had to re-explain my story. The people who answered the phone didn’t have any idea what they were talking about, much less what they were doing. I sent hardship letters and I sent new budgets to them every several weeks, each time at their request, and each time that I called up the front desk, again, to find out my status from the person at the front desk who had no idea what was going on, I was, usually after 30 minutes on the phone waiting, told that they couldn’t find my paperwork and I should resubmit it. I was told again to submit an application and to write a “hardship” letter about my husband’s condition. I did so immediately.
I talked to Sumat Jain in Home Retention, who told me to call back in October. In October I talked to Greg Knox. Then I talked to Joyce in home Retention who would not give me her last name. Then I talked to Carol on the “Heart Team” who couldn’t find our package. Then she found them, said it was being processed and I should call back at the end of November. In December Cindi Bustamante from the “Heart Team” called to ask why I hadn’t signed the loan mod papers and then began an investigation into why I hadn’t received the papers. Did these phantom papers even exist? Then I talked to Donna, Karen, Cindi, again, and was told I would be contacted by Monique, a supervisor. Monique never called me.
The next day I talked to Tamara who transferred me back to the “Hope Team”. Natasha in the “Hope Team” told me that my loan mod was, actually, still in review. Then I talked to Dave and John, Dave’s supervisor. My next call put me in India and they transferred my call to Gabriel in customer Service and then he transferred me to Josh, another supervisor. Josh said he was going to escalate the mod request and I got transferred to India, again and then to Jessica. Then I talked to Patrick who announced that they had closed my file and returned it to “normal” status. Then I talked to Nikee Woods, a negotiator. Then I talked to Hugh and then Lydia. Then I talked to Ansenija, another supervisor, who was going to call me back but didn’t because she was “too busy doing other things” she told me later. Then I talked to Shannon and Tierra and then Michael who, out of the clear blue, announced that I had a pending modification on my second, even though I had been told we were only working on my first and we would work on my second after the first was resolved. Then I talked to Adrian Woods, another negotiator, who announced that my loan app had been cancelled. Then Margaret from Making Home Affordable called up and put me through to Mykie Vyas.
These exchanges went on for two years with virtually no resolution of our situation. We finally ran out of money and stopped making our mortgage payments. Within one month of not making the first payment, Bank of America started calling us instead of us trying to get them to even talk to us. I got calls from Tamika, Nathan, Adrian, Suzanne in India, Maria, Ebony, David and Adam, an assistant supervisor who told me that my loan modification app had been cancelled, and Aron from India. Then I got calls from Shannon, Tierra, and Michael. Then Adrian Vargas called back to say that I would deal only with him and that they couldn’t find our file and that I should resubmit everything. Then I talked to a supervisor in India, Stephen and then I talked to Adrian Vargas’ supervisor.
Next, I received a letter from Bank of America, no name, saying that our mod had been turned down because our ratios were too high. I knew, from many conversations with independent mortgage brokers, that our ratios were not too high. Adrian Vargas of Bank of America told me to appeal, because he agreed with me.
Then I talked to Danny and Vanessa who told me to talk to Gwen Hall, the underwriter. Then I talked to Arlene who said there was nothing new to discuss and then I talked to Robert who acknowledged that my ratios were below the 31% ratio and that I did, indeed, qualify. Then I talked to Chris who said he was starting the whole process over. At this point I was assigned to Gwen Hall as my permanent Loan Representative in the process. I also got a letter warning me that I was delinquent and that they would start foreclosure proceedings.
Even though Adrian Vargas had assured me that nothing would happen while they were working on this, Gwen said they were going to start foreclosure proceedings but she assured me that they would not publish a sale date while the negotiations were going on. Within a month I was given a new “permanent” rep, Kyete Meyers. Then on Christmas Eve we came home to find notices tacked on our front door announcing a sale date for 2 weeks later. I tried to call Kyete but her phone didn’t work so I called her manager, Joseph Smith and he never returned my call. Then Kyete Meyers started asking for all my documents, again. Five days before the sale date they postponed the sale for one month. Since then, they have done it once more, again asking for the same documents they had in their possession since mid 2008.
It is now March, 2012. My husband is in remission from cancer but his long term survival prognosis is still an open question. That aside, chemo significantly damaged his heart and he is on a variety of heart medicines for the rest of his life and unable to work. I continue to work 12 hour days. I am still employed in a management position by the same Fortune 500 Company and I/we meet all of the criteria set forth in all the Federal government guidelines for a modification.
These guidelines, designed to put the real estate industry back on its feet, to stem the glut of foreclosed houses depressing the values of all the rest of the houses, and to give millions of us a renewed, ongoing stake in the American dream. The banks have signed agreements with the Federal government to support the unraveling of housing market crisis. But banks want to wash their hands of this part of their commitment. They prefer, instead, to leverage their capital, the money they are borrowing from the Federal government at 0%, in order to loan the money back to the Federal government at 3.5%, buying T-Bills.
My husband and I are, again, facing a Trustees Sale on our house on March 14, 2012. The Trustee, again, is ReconTrust, a company that is required by law to have a fiduciary responsibility to both Bank of America and to us; a company that is a wholly owned part of Bank of America.
I think it is important to note that I agree with Bank of America on one thing; that there are rules and that we need to play by those rules.
My problem with the Bank of America is its policy that only rules to acknowledge are those that put the homeowner in jeopardy. Even if I don’t like some of the rules, obviously, I am trying to play by all of them, all the same. The banks, clearly, don’t like other rules. Bank of America does not believe that they need, also, to play by all the rules. Rules about processing loan modification applications, rules about mortgage documentation, rules about foreclosure and due process and rules about fiduciary responsibility, notification and integrity are all rules that Bank of America has chosen to ignore. The banks do not want to be inconvenienced by these rules.
No one can tell me that having 40 or more people in 4 different programs, with 3 different “permanent” loan process representatives in 5 different states, in 2 different countries over a period of 3 years, over one mortgage, with an unpublished set of rules and arbitrary decisions with no accountability isn’t designed, with intent, to deter anyone from asking for fair or, at a minimum, due process. To call these programs “Have a Heart”, “Hope Team” “Making Homes Affordable” or even “Home Retention” is a slap in our collective face that crosses the line from the absurd to the Kafkaesque.
Make banks play by the same rules that they are reasonably demanding of us.