I got behind on my mortgage, owed March & April. I got a notice of intent to accelerate in April. I got the entire amount owed together and had it to them 2 days before the intent expired on May 9 (I had it to them on May 7), sent it via electronic transfer from my bank to them, which is how I have made every payment since day one. They mailed me back a check back for 152.50 dated 5/11 and are now claiming the intent to accelerate has expired, I did not pay the entire amount needed, and they MAY still move forward with foreclosure.
How do I fight this? They are claiming that because I paid it electronically, their system did not know what to apply where - this is exactly what their rep told me when I called to ask why they sent me a check. That is a bold faced lie. I have rounded up every payment I have ever sent to them. They have already set the precedence of accepting payments that were not the exact amount. I did not point out to the rep that this is how I have always made my payments. It was not until they issued the intent to accelerate in April because I owed them March & April, that they returned part of the payment to me. If the system knew how to process every other payment I have ever sent to them, it should have been able to process this one as well.
Personally- I feel like they are trying to force foreclosure just so I'll get hit with all the associated fees. Any insight or help on this would be most appreciated. For what its worth, I my mortgage was sold to B of A and they were not my original lender.
What state is the property located? It matters a great deal since foreclosure varies with every state.
I'm in Ohio, thank you for responding!
First off, document everything. Keep a copy of that check that they sent you back. Also a screen shot of the amount due that you sent them which should have been payment in full. Any statements that you have from them.
Then I would contact the who will put you in touch with HUD and their intent would be to intecede between you and your lender. BofA should pay attention to them and may get your file moved to another (smarter) section of the Bank. This link will identify what to have before contacting them and make certain that you read this over carefully before calling.
If for any reason this doesn't work, I would write a nasty letter to BofA, with copies to the world of course including their Registered Agent, letting them know the facts identified items by item and that you intend to file suit against them for unjust enrichment the minute that they attempt to levy against you fees which are unnecessary, etc. The point being is to garner more attention than you are worth here and hopefully they elevate your acct to someone who has a brain.
If this doesn't work there are other remedies, but I won't go into them until the above doesn't work, but lets hope that it does. Good luck.
I'm beyond anal about documenting. I have screen shots of the payment debited from my account as well as screen shots of every page on the BofA site. I have downloaded every doc available to me from the BofA site. I have every piece of mail that BofA has ever sent me since they bought my mortgage. I have the first name of every person I argued with Monday about this. I have the varying amounts I'd been given to clear this up as well as each person who told me a different amount. I downloaded my reconciliation docs from BofA- the breakdown that documents where every penny goes that you send (tax, ins, principle, interest) It honestly looks like they told me more than I needed to send initially to pay those 2 months along with late fees. The difference is the $152.50 check they sent back to me. But, it still shows $135.65 in outstanding late fees. So, there is still a difference of 16.85 out there somewhere. I downloaded every one of my bank statements showing that they have accepted rounded up payments from day one. Not to mention, my home owners policy with a lower rate went into effect 5/01/12 which I'm sure did not help matters.