Bank of America is going to land me in a rubber room.

[ElFenix]

this is one of the reasons you should never have the payee draw the autopayment from their end.

i'd make a complaint with your state's attorney general at the very least.

 

[MichaelD]

They did this to the owner of the house we're renting. They sent the foreclosure notice to the house (owner doesn't live there, we do). I opened it and let's just say I about shit myself and call it good. After frantic phone calls/emails b/t the managment company and the owner we clear it all up. Owner wasn't late or not making payments. BOFA had his account all messed up.

The good side to this story? When I buy my house next year I know who NOT to get a mortgage through!

 

[KingGheedora]

Why don't you submit your story to the media? Write up a detailed summary and send it to everyone, all the online blogs, newspapers, and tv stations. I strongly urge you to do this. This is one of the best weapons that normal people have when being shafted by powerful entities.

I'm guessing there's no way whatsoever to prove that you wrote the checks on time, and that it was their decision not to cash them?

On their side this is probably a concerted, calculated effort. They know they are wrong but they probably calculated that they'd get more money overall from people who paid than from those who fought the charges/foreclosures and won.

 

[KingGheedora]

For how many months did they not cash your payments before they started the foreclosure?

Even if you can't prove that you paid on time, you should make your case public. The media might be able to figure out a way to help you. Even the public allegation can sometimes make them capitulate.

 

[ultimatebob]

same stuff happened to me a few months ago, just short of the foreclosure thing. i also had my couuntrywide mortgage bought by BoA and its been a clusterfuck since then. i now dont have the auto pay set up, i go in and do the transaction manually every month, then make sure to print the confirmation. that confirmation has saved me from their incompetence 4 times in the last year.

I used my bank's (Wells Fargo) automatic bill pay to pay my Bank Of America mortgage when I had them. Worked like a charm.

Since then, they sold the mortgage to some little outfit called McCue Mortgage. They're so backward that they don't even have online bank statements, but at least I can still use Wells Fargo to automatically mail them a check every month.

 

[Merad]

So for 3 months they're telling you that your payment is posted even though no money has left your account? And you just took their word for it and assumed everything was cool?

I'm not saying that what they did was right, or that they aren't trying to screw you for all the fees they can, but c'mon... did you seriously expect this to end well?

 

[chihlidog]

Why don't you submit your story to the media? Write up a detailed summary and send it to everyone, all the online blogs, newspapers, and tv stations. I strongly urge you to do this. This is one of the best weapons that normal people have when being shafted by powerful entities.

I'm guessing there's no way whatsoever to prove that you wrote the checks on time, and that it was their decision not to cash them?

On their side this is probably a concerted, calculated effort. They know they are wrong but they probably calculated that they'd get more money overall from people who paid than from those who fought the charges/foreclosures and won.

Again, proof. If I had documented proof, this would be a non-issue. I've considered going to the media, but it simply comes down to my word against theirs.

So for 3 months they're telling you that your payment is posted even though no money has left your account? And you just took their word for it and assumed everything was cool?

I'm not saying that what they did was right, or that they aren't trying to screw you for all the fees they can, but c'mon... did you seriously expect this to end well?

Tthey were automatic bank withdrawals. BofA simply didnt take them. 3 months. The whole time, they left me with the impression that they might still be pulled at any minute, so while the money was in there, I budgeted as though it wasnt. I couldnt double pay. I couldnt take the chance that they WOULD be pulled, AND have checks out. No, of course I didnt think it would end well. But what was I supposed to do when both MY bank AND BofA told me the money could be withdrawn at any time?

In retrospect, the best thing to do would have been to stop the withdraws and send checks, however that still would have left the original missed payment in limbo and not solved everything.

Ultimately, yes, I could have been a little more savvy, but I wasnt. I had never before had an issue and expected this to be resolved, since I had indeed made every effor to get them their money. Naive? Yes.

 

[KingGheedora]

Dude, OP, you had set up auto-pay, correct? If so then that's all the proof you should need to support your case. Just request written proof from your bank that you had the required funds available in your account during the periods of the alleged missed payments. The onus is then on BofA to withdraw the payments according to the auto-pay, they can't fault you for their own neglect to withdraw.

You should go to the media with your story. And also look into possible pro-bono lawyers to help your case. I know they have free legal counseling services that friends of mine have used when trying to get delinquent roomates to pay rent, so they may have similar services for cases like yours.

 

[KingGheedora]

Again, proof. If I had documented proof, this would be a non-issue. I've considered going to the media, but it simply comes down to my word against theirs.




Tthey were automatic bank withdrawals. BofA simply didnt take them. 3 months. The whole time, they left me with the impression that they might still be pulled at any minute, so while the money was in there, I budgeted as though it wasnt. I couldnt double pay.

See my other post right before this one. Since you had auto-pay the proof you need should be obtainable through your bank. It seems like you aren't trying hard enough.

 

[chihlidog]

See my other post right before this one. Since you had auto-pay the proof you need should be obtainable through your bank. It seems like you aren't trying hard enough.

Stupidly, the auto pay was set up through BoA, not my bank. I'd still need proof from THEM.

I'm completely fine right now, Im current. What kills me is 1) I'm stuck with BofA for now since this whole ordeal screwed my credit (in 6 months or so I hope to have my score back up to something reasonable so I can re-fi with someone else) and 2) waiting for the next issue from them, though now I've learned a few lessons on dealing with them so I can protect myself a bit better.

 

[MisterJackson]

Do like that one guy did and foreclose on them.

 

[chihlidog]

Do like that one guy did and foreclose on them.

Trust me, I wish. Best article I had read in a long time.


I'm inspired by the strong suggestions to call the media. I might try it. BofA cant continue to get away with crap like this.

 

[KingGheedora]

Stupidly, the auto pay was set up through BoA, not my bank. I'd still need proof from THEM.

I'm completely fine right now, Im current. What kills me is 1) I'm stuck with BofA for now since this whole ordeal screwed my credit (in 6 months or so I hope to have my score back up to something reasonable so I can re-fi with someone else) and 2) waiting for the next issue from them, though now I've learned a few lessons on dealing with them so I can protect myself a bit better.

Again, get the statements from them. It's a different department, so there is a very good chance that they will comply with your request. Don't tell them why you need the proof, or make up a story about some other company not debiting your account or something. If you have a printed statement that might even be all you need.

Is the auto pay something set up with the mortgage, where they pull the funds from your account automatically, or is it an auto bill-pay, where your BofA checking is set up to send the mortgage payment every month?

I don't understand why you are protesting this. The proof you need is available to you. Maybe even a printed online statement is enough to start up with the media/BBB/Consumerist/etc.

They dinged your credit. Don't you care about that? The more people like you who just bend over and take it from them is the reason companies think they can get away with this kind of stuff. It's basically a democratic process. If everyone stands up to them they wouldn't be able to get away with this BS and would not even bother trying.

It sounds like you don't care about what they did to you, in which case, why did you make this post?

 

[Golgatha]

Lawyer up OP. BofA is in a whole heap of shit over this crap right now.

This. Sue the shit out of them!

 

[chihlidog]

Again, get the statements from them. It's a different department, so there is a very good chance that they will comply with your request. Don't tell them why you need the proof, or make up a story about some other company not debiting your account or something. If you have a printed statement that might even be all you need.

Is the auto pay something set up with the mortgage, where they pull the funds from your account automatically, or is it an auto bill-pay, where your BofA checking is set up to send the mortgage payment every month?

I don't understand why you are protesting this. The proof you need is available to you. Maybe even a printed online statement is enough to start up with the media/BBB/Consumerist/etc.

They dinged your credit. Don't you care about that? The more people like you who just bend over and take it from them is the reason companies think they can get away with this kind of stuff. It's basically a democratic process. If everyone stands up to them they wouldn't be able to get away with this BS and would not even bother trying.

It sounds like you don't care about what they did to you, in which case, why did you make this post?

The auto pay was set up through BofA to pull from my bank account (a seperate bank) twice per month.

Of course I care. I called my congressman's office, got blown off. I tried to reason with BofA, got nowhere obviously. I tried to work with a local non-profit housing assistance agency, got nowhere.

I care a LOT. The fact is, I dont see much hope in nailing them. I dont know what to ask for, who to call, etc. The records that would show that the auto pay was set up were through BoFA. The proof of the phone calls where I begged them to take their money are in the possession of BofA. Anything I can think of that lends credence to my story, BofA has it.

My bank would simply show that a payment was taken 2 weeks prior to the "missed" payment, and nothing more. I've already asked them. They have no proof of any kind that BofA should have taken those payments.

Trust me, I care a lot that they've destroyed my credit, taken me for money that I rightfully shouldnt have owed them, and cause me obnoxious amounts of stress. What I DONT know is how to prove it. I do welcome suggestions, but short of BofA themselves providing it I dont think it exists.

I'd love to be wrong!

I did a bit of searching onloine for pro-bono legal help. I made 2 calls, never heard back, and honestly sort of gave up. I felt defeated as hell and was honestly happy that the whole ordeal was over once I had made the payment. Friday's phone call got me infuriated all over again and I've been in a horribly shitty mood ever since, cant get it off my mind. I'll begin calling around again tomorrow, you're absolutely right.

 

[JS80]

Something to your story doesn't add up.

 

[chihlidog]

Something to your story doesn't add up.

You're free to disbelieve it, as I would if I read it without it actually having happened to me.

 

[ElFenix]

Trust me, I care a lot that they've destroyed my credit, taken me for money that I rightfully shouldnt have owed them, and cause me obnoxious amounts of stress. What I DONT know is how to prove it. I do welcome suggestions, but short of BofA themselves providing it I dont think it exists.

I'd love to be wrong!

you have the auto pay authorization and your own bank records, that sounds like proof enough to me.

'i gave them authorization, they had been doing it as you can see by the records from XXX to XXX. then after that they didn't bother anymore, as you can see by records XXX to XXX.'

if you happen to have an itemized cell phone bill that shows you called their number even better.

your word is evidence.

 

[Wordplay]

Lawyers cost money. I asked around, but I have to admit I'm fairly ignorant of exactly how the law applies here, and again, PROOF. I WISH I could prove this, on paper. But the fact is, their word against mine, and I'd probably lose. That's what makes me the most angry about this whole thing, they can just keep getting away with it.

The phone call does not show up on your phone bill? Along with what King said you should have enough evidence.

 

[JS80]

If you have:

1) bank statements in previous months of continuous payments and
2) your bank balance piling up every month for each month that the mortgage was not debited and
3) phone call records to B of A

then you have evidence. Yet you still chose to pay fees to make this go away. Not only that, foreclosure usually takes more than a year these days with the back log.

Like I said, something doesn't smell right.

 

[chihlidog]

you have the auto pay authorization and your own bank records, that sounds like proof enough to me.

'i gave them authorization, they had been doing it as you can see by the records from XXX to XXX. then after that they didn't bother anymore, as you can see by records XXX to XXX.'

if you happen to have an itemized cell phone bill that shows you called their number even better.

your word is evidence.

Really?

I absolutely have the bank statements and phone records from that time period. It never seemed to me that that would amount to any sort of proof, however, and Im surprised to hear that it may.

 

[chihlidog]

If you have:

1) bank statements in previous months of continuous payments and
2) your bank balance piling up every month for each month that the mortgage was not debited and
3) phone call records to B of A

then you have evidence. Yet you still chose to pay fees to make this go away. Not only that, foreclosure usually takes more than a year these days with the back log.

Like I said, something doesn't smell right.

Sale can take more than a year. A sale date was never set. We were in foreclosure, but they never got to the point of setting a sherriff's sale. I didnt let it get that far. It isnt just me, I have a wife and 3 kids. Changes one's mindset when it's family on the line. I have everything that you mentioned. I tried to bring this to people's attention and never got anywhere. Was I not persistent enough? Obviously not. I should have been smarter about it, yes, but honestly, I was scared and ignorant. I was in a panic for months.

 

[KingGheedora]

The auto pay was set up through BofA to pull from my bank account (a seperate bank) twice per month.

Of course I care. I called my congressman's office, got blown off. I tried to reason with BofA, got nowhere obviously. I tried to work with a local non-profit housing assistance agency, got nowhere.

I care a LOT. The fact is, I dont see much hope in nailing them. I dont know what to ask for, who to call, etc. The records that would show that the auto pay was set up were through BoFA. The proof of the phone calls where I begged them to take their money are in the possession of BofA. Anything I can think of that lends credence to my story, BofA has it.

My bank would simply show that a payment was taken 2 weeks prior to the "missed" payment, and nothing more. I've already asked them. They have no proof of any kind that BofA should have taken those payments.

Trust me, I care a lot that they've destroyed my credit, taken me for money that I rightfully shouldnt have owed them, and cause me obnoxious amounts of stress. What I DONT know is how to prove it. I do welcome suggestions, but short of BofA themselves providing it I dont think it exists.

I'd love to be wrong!

I did a bit of searching onloine for pro-bono legal help. I made 2 calls, never heard back, and honestly sort of gave up. I felt defeated as hell and was honestly happy that the whole ordeal was over once I had made the payment. Friday's phone call got me infuriated all over again and I've been in a horribly shitty mood ever since, cant get it off my mind. I'll begin calling around again tomorrow, you're absolutely right.

You don't necessarily need proof that auto-pay was set up from BofA. You just need proof that your account had the proper funds during the time period(s) in question. You can get that from your bank (the one from which you authorized BofA to deduct the mortgage payments).

I'm not sure, but I think there are ways of establishing that you had auto-pay set up if BofA won't confirm it for you. Your bank might be able to tell you the type of the prior transactions, and that would be proof enough that you had it set up. The info associated with the previous transactions might have some clues that indicate they were auto-pay payments. For example when i log in to my checking account, each transaction has some info associated with it, sometimes indicating the service that was purchased, usually with a transaction id, etc. That's what I'm talking about, use that to prove that the previous payments were auto-deducted. I'm sure there's an even easier way I'm not thinking of.

 

[Texashiker]

Next thing I know, I get a foreclosure notice in the mail.

My house was a foreclosure when I originally bought it. It was so cheap it's almost sick.

What your looking at is a property grab.

They want to take your home, you lose 6 years of payments, then BoA gets to auction your home for market value and make a nice profit.

Never trust a bank, ever.

By the bank "having" to deduct the payments, you were being setup.

 

[GotIssues]

You have proof:

You had automatic withdrawl set up.
You have a history of how much money was in your bank account at those given times
You have mutliple calls TO BoA during the months in question.

Assuming your account never dipped below the amount of mortgage payment, I don't see how that ISN'T proof.