Replies to This Discussion

Permalink Reply by Bryant Tutas on April 1, 2013 at 3:26am

The borrower needs to seek legal advice asap. BofA monitors this site so they may see your post and contract you to sort out.

What happened to the buyer? Are they now living in the house?

If I were you I'd immediately connect your borrower with an attorney and then step aside.

Permalink Reply by Rita Legan on April 1, 2013 at 4:07am

Bryant, Yes buyer is in home. Borrower has had Attorney since Notice Of Foreclosure. Attorney has contacted the Ohio Attorney General on this...any other contacts for BOA would be appreciated.

Permalink Reply by Bryant Tutas on April 1, 2013 at 4:42am

I would also get the closing company involved. If they closed as per the written closing instructions provided by the lender, then their legal department will have a field day with this.

I don't have any contacts for this. I always go through the twitter team and have much success.

What a mess. Let me know how it plays out. You should notify your broker and /or E & O insurance provider if you haven't already. Time to start covering your rear end.

Permalink Reply by Jan Sanderlin on April 1, 2013 at 10:53am

I would be contacting the OCC and the DOJ as well...You have contacted the Attorney General in your state which is good.  The other two are Federal Agencies.  What a nightmare...Did you send the closing information through Equator as they require after COE???  It sounds like they maybe didn't receive it and are reacting from the non-receipt.  Most of the time escrow handles that function, and sometimes they require the agent to provide them with those docs.  Good luck...

Permalink Reply by joe beauchamp on April 2, 2013 at 1:44pm

Since you have hit twitter at BofA and it is in legal, you are in the tar pits of the banking world. Nothing comes out of there - you have reached out beyond anything reasonably expected. You didn't mention the investor - it couldn't hurt to try logic with them.

State senators seem to get traction. I'm guessing that a human appeal from you or the seller is better than a mechanical connection from your attorney for both this and OH atty gen. They respond to voters.

You might get some action by going to a local networked TV news team. How many people could believe that after BofA approved a sale, agreed that you have all the terms right (approved the HUD-1), let you close then changed the terms and refused to accept the money they agreed to? It would be an eye-opener for the general public and probably a decent black eye for BofA. Who can actually believe that their bank could do such unethical things (who has not actually dealt with SS's at BofA, that is)?

Sorry, but it seems that you've done most of the logical things which might wake up this lumbering giant.

Permalink Reply by TOP END Properties on April 2, 2013 at 3:03pm

Is the HUD1 they approved the ACTUAL HUD1 that was used for the closing (usually submitted 2-3 days prior to closing)?

Did you log into Equator after the Closing and upload the final closing documents (Certified HUD1, Assignment of Insurance Premium) .. doesn't sound like you did.

I would start by taking to the Closing Agent at BOA who worked your file, and they their management.

Permalink Reply by Rita Legan on April 2, 2013 at 5:00pm

Yes we have approved HUD1 and SS approval
Signed by seller. BOA was supposed to generate
72 hours of closing a task in equator to upload signed HuD 1 and confirm wire instructions. Per Equator guidelines they also could of generated this task in equator
48 hours after closing. As you know I can not generate any task in Equator.
We asked for task they never sent time stamped email or generated task. Negotiator
was replying out of office and we contacted customer care. BOA took it off Equator sent denial letter 18 days of our closing/filing. Then BOA sent it to legal for audit. BOA was servicing this Mellon loan. BOA is saying I never responded to task and email (signed HUD 1 and Confirmation of wire instructions. I never got this email and now BOA will not produce it and delete all Equator like it was never there.

Permalink Reply by Rita Legan CDPE (440) 227-4461 on July 26, 2013 at 7:20am

Just an update on this nightmare that turned into a rational close. Let me tell you Bank Of America does monitor this Great Site! They contacted me with 24 hours of my post which led me to a contact at the Legal Department who got the case resolved in 2 weeks! Shout out to Matthew!!!!

Permalink Reply by joe beauchamp on July 26, 2013 at 7:52am

My guess is that it is the media group (tweet) watching this. They cut through the lines and crap the best (after normal attempts, call to SS reps, etc.).

Permalink Reply by Rita Legan CDPE (440) 227-4461 on July 26, 2013 at 8:14am

Your right Joe. Not the Tweet. Said Media Group.