BOA FHA RUNAROUND

Thank you for taking the time to read this quick note. I am turning to you as a last resort and i Am baffled at my experiences with boa BOA has a motion to foreclose and shorten redemption period, approved. All granted because I did not act when the motions were presented as i was informed by my BOA short sale specialist that the foreclosure proceedings would cease once i had been approved for FHA short sale. All of my info is well documented and recorded both phone conversations and emails. I was days away from approval and in confidence i trusted the advice. I did actually recieve the FHA approval well before the motions were finally approved and granted however the motions were still approved and although no foreclsure date has been issued i am concerned as the last 45 days with BOA have been very suspect as i have moved towards closing. I contacted BOA's attorney and informed MS Donovan that i had been told the foreclosure would stop so i didnt appeal the motion. She informed me the foreclsoure would continue in case the sale fell through. I shared the email where jasmine calhoun tolde this. Since that time katie donovan the attorney has gone silent. It seems BOA is doing everything possible to ensure that the sale falls through. I have a cash buyer, for the exact amount requested from fha BOA for the short sale. The money is in escrow in the lawyers office, my cash is also in place and all pieces and taxes and everything is ready to close and has been for over a month. I have jumped through hoop after hoop for over two years to get here. In the last 30 days I have had closings scheduled and my buyer who drove up from Florida is 71 and is staying in a campground is now ready to back out. Continually BOA has transfered my case to different specialists, and at present three times in 45 days! We get close and then all of the sudden the employee disapears!! I get a final HUD ready to approve and BANG all of the sudden it goes to another "specialist." They apologize and reaasure me that they will help, then the whole ctycle repeats, lost docs, misinformation, blatant spelling errors on key docs, wrong zip codes, reopening folders bc "my previous specialist messed up thats why you were tranfered". you name it. All of my "former" specialist still have working boa voicemails though, of course no calls returned but they are still employees! I smell a rat. They lose documents, they repeat steps, they lost my whole file TWICE! I feel as though they are biding there time until they can foreclose or for whatever reason i am getting the run around. My closing attorney and my realator have been helpful but this is not their expertise. My buyer is days from backing out. Our current specialist ron montoya is helpful but the same antics continue and now he wants me to push it out another 3 months!! We were days away with nicole slowey and jasmine calhoun and all of the other specialist who were suppose to get my final hud approved only to dissapear at the last minute!! I feel ron will do the same and the buyer will be gone and i will be stuck. What are my options?

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Replies

  • Have your realtor or attorney go directly to HUD - you will need the sellers FHA CASE NUMBER and an authorization form 1-877-622-8525 - ask the rep to "open a ticket" for you. Explain the situation.

    I hope this helps..

  • Get your attorney to file a motion to postpone the sale for 90 days.

  • Contact your congressman/woman and request their help. A congressional inquiry might get B of A’s attention. Based on current revelations all this nonsense at B of A like losing documentation may be intentional to force foreclosures which could be in B of A’s financial interest.

    • Thank you all for the advice, so many avenues to pursue!  

      Can i stop the granted motion to foreclose?  I was told by Bof A in writing that the foreclosure process would cease once approved for the FHA Short Sale Process. Ten days AFTER i was approved for short sale the motion was granted as well as a motion to shorten the redemption period.  

      That aside then i moved forward to try to beat the pending foreclosure sale date, I found a CASH buyer and we were literally two days from close with a final HUD in BOA hands with all corrections and every hoop jumped through and i's dotted when:

      Read here from Nicole Slowely BOA representative.  She had been very helpfu and reassuring until this point.

      Once HUD was complete I got this:

       

       

      ----- Original Message -----

      From: Slowey, Nicole

      To: xxx

      Sent: Wednesday, May 22, 2013 9:36 AM

      Subject: Automatic reply: Audit Dept-Loan # xxxxxxxx

       

      I am currently out of the office with no access to email. My files will be reassigned and your specialist will be contacting you momentarily. If you have any questions or concerns please contact Short Sales at 866-800-1232.

      Then when i contacted who my files were transfered too i was told they were on vacation!!!  All two days before we were to close.  Now they have "reopened" the file and i have to resubmit everything as BOA says they cant find stuff Nicole had been working on!!!

      IS THIS LEGAL??

  • Call HUD right away! They will open up a case and give you a ticket number. I kept getting the run around and got a hard decline on my file, with no explanation. Even the short sale specialist from the bank, gave missleading info to HUD regarding my file. I got a call in less than 24 hrs. My file is now active again. Those people are great!
  • Don't waste your time locally.  You need to file a complaint with the OCC (Office of the Comptroller).  The link below takes you to the page explaining the process. This website is for "National Banks" only, which BOA falls under.  I was having similar issues with Chase, filed a complaint, and 2 days later got phone calls from 3 different departments in Chase.  They have 48 hours to respond, so fill out the complaint tonight, and by Tuesday, you will get a response!

    https://appsec.helpwithmybank.gov/olcc_form/

    Good luck!   

  • Ask your Realtor to get assistance from and agent that has the short sale expertise. I have tried my representatives without results. But I would still do that the attorney generals office too. BUT for best result keep fight with BOF after all who ever you get to assist you will have to start there too. Look up the fair debt collection act. It entitles you to go up the ladder of any collection company. Escalate to Rons supervisor ask for the VP of short slaes 

  • Don't know what state you are from, but it appears that the states are stepping up to the plate where the Feds are failing, especially since the states received the settlement funds from the lawsuits of the mega banks. I suggest contacting your state Attorney General office  and see if they can offer some help. Also try, http://livinglies.wordpress.com/2013/06/14/what-to-say-about-boa/ this link to a website that you can contact for help. They say they have foreclosure defense lawyers and experts.

    Good luck and God bless!

    • The property is in Vermont.  Who should i contact there?  Is there anyway to stop the granted foreclosure and motion to shorten the redemption period?  What if they now set a foreclosure date before i can complete the short sale?

      Thank you for your interest.

      • Contact (or your Realtor should contact) your local House Representative. He/she will have a system in place for addressing these cases, and they can get quick results

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