Bank of America Loan Modification Shenanigans

If you’ve ever attempted to get a home mortgage modification through Bank of America, this news will likely not surprise you.  If it’s true, Bank of America is a disgusting, horrible company. And I’m inclined to believe it is true, since SIX people are saying this is how things went down when homeowners applied for loan modifications under the federal Home Affordable Modification Program (HAMP)…

It doesn’t take much to explain what happened. The former employees of bank of America say that they were encouraged to “lose” paperwork from homeowners, and then later deny their modifications because they “hadn’t submitted their paperwork.” Employees received bonuses (ranging from gift cards to cash) for lying to homeowners and improperly denying modifications under HAMP.

William Wilson, a former BOA case management team manager, detailed how Bank of America would receive documents from homeowners in a timely fashion, but then not act on the mortgage modification requests for months. He said BOA claimed the “… documents were incomplete or missing when they were not, or simply claiming the file was ‘under review’ when it was not.”

Theresa Terrelonge, a former collector for Bank of America says that employees “… were instructed to inform homeowners that modification documents were not received on time, not received at all, or that documents were missing, even when, in fact, all documents were received in full and on time.” They were also instructed to close loan accounts and decline loan modifications based on failure to provide documents or information, even when the homeowners had provided all documents.

Steven Cupples was an underwriter and team leader at Bank of America. He says that employees were not informed that documentation from borrowers could could be maintained in five separate systems. Thus, borrowers were declined loan modifications for not sending documents, when the documents were sent and maintained in a system the employees hadn’t checked. He also says that BOA lied to the government about the number of loans in the modification process, and employees who challenged the ethical practices of BOA were fired.

Simone Gordon, a former senior collector at Bank of America says that homeowners would call to inquire about their modifications, and even though they submitted all their documentation and made their required trial payments, they were told that documents were not received. She says, “We were told that admitting that the Bank received documents would “open a can of worms” since the Bank was required to underwrite the loan modification within 30 days of receiving those documents, and it did not have sufficient underwriting staff to complete the underwriting in that time.”

Recorda Simon, a former home retention specialist for BOA, says that the bank had many people marked as delinquent in the computer system, even when they had modification agreements in place and were making payments as agreed. She says she saw borrowers who were current on their permanent loan modifications being sent foreclosure notices. Simon says she was told to lie to borrowers about the status of their modification applications.

Erika Brown, a former customer service representative at BOA,  says that she was told to tell every homeowner that their file was “under review,” regardless of the actual status of it. Even loans that were modified were still shown in the computer system as delinquent, reported to credit agencies as delinquent, and p0ossibly sent to foreclosure.

Of course, Bank of America denies all of this. Who do you believe? My money is on the former employees.


  1. anonymous

    I don’t want to give my name as I’m embarrassed that I’ve put myself into this situation. I was just sent a doc yesterday (10/08/13) indicating I was ineligible for a loan modification due to documents not being recieved within specified times. I’ve been nothing but prompt. 2 day maximum for me to gather docs and forward with letter of explanation as to what I was sending, why and reason for any variance, via fax or carrier. Even BoA “Customer Relationship Manager” assigned to me, was surprised.

  2. Saginaw, MI

    We have a mortgage through someone else, but had a home equity loan through BOA. The balloon was up and the note was due. But I could do a ‘modification.’ I was thrilled, thinking, since it was with the same establishment, it would be quick and easy. NOT.

    Every three weeks we got a letter introducing us to a ‘new’ representative. We faxed over 70 pages of documents a total of three times . . . but it was never enough.

    In the final letter, they requested within two days that I submit a form about my eligibility to work in a foreign country. I was born in America and work only in America. And to submit alimony and child support payment records. I told them this was a first marriage for both of us, we have been married for 25 years and both children are our own so there is NO alimony or child support. I received a letter telling me I did not submit the proper information and they would not modify the loan. Please pay $11,321 by next month.

    I went to my credit union. Took out a signature loan. got approved in about 10 minutes and I will be paying them in full. I will NEVER do business with anyone other than employee-owned credit unions.

    I feel so bad for those of you who have their first mortgage with them.

  3. George J. Skoglund

    I have a consumer fraud action against BOA & Greentree. I was Granted a loan Mod. In 2008, There were conditions; bring Helot current, pay 1st payment, send them $5800. All of which I met. When I called Countrywide to make next payment, I was told; Lone Mod was denied because I had only sent $800. Of course I sent them copies of Bank certified check. Today they still haven’t returned these monies & are still contending; their not at fault, even though BOA recognized the monies in their 1st & my 2nd loan mod application (in writing). If I could find either someone who experienced a similar situation, A Countrywide or BOA employee that was involved in these Shenanigans that could prove the banks intentionally incorrectly encoded checks in order to deny loan mods. If I could prove this, I would most likely be awarded punitive damages. This is the first I’ve written to anyone about this, except my lawyers of course. They are negotiating w/ the banks & our time for answering their discovery request is at hand.

  4. My Countrywide Mortgage was bought by BofA. Keeping the predatory ARM with fixed rate 6.625 to 13.3. I was advised by a lawyer my best bet was to get a loan modification. When I received it I could not accept the nebulous terms. It only will increase my principal exorbitantly. Which I notified BofA. Trying to make my regular payment they will not accept it online or phone nor let any representative help me but the servicer who is not available nor returns my calls. Their fraud continues to keep right on going!!!!

  5. Chicago Foreclosure Blog

    Nowadays I see BOA doing a lot of mortgage modifications. No doubt because of the backlash from the fallout you mentioned here three years ago. It was great that the media revealed BOA was doing this. Once the government got involved, BOA really changed their tune. They are still difficult to work with, but modifications can be obtained. Great article!

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