Call Kurtis: Mortgage Modification Nightmare

What appears to have been a series of unfortunate events has led to utter desperation for a viewer in Yuba County. Andy Schweitzer has been struggling to get his bank to right what he calls a serious wrong.

“I hold them directly responsible for wrecking my life,” says Andy about Bank of America; he says they’ve turned his life upside down.

He says his Browns Valley house is on the brink of foreclosure.

“They’re just trying to screw us Julie, that’s all they’re trying to do. It’s horrible,” Andy tells his wife as they trek across their back yard to his large work shed that contains what’s left of his heavy equipment.

He and his wife started the process of a loan modification last year. Andy says he’s hand-delivered his monthly mortgage payments on-time to his branch each month, but he says the bank didn’t apply five of his payments toward his loan which caused his credit score to plummet.

“And this is the only thing I got left right now,” he says referring to a Bobcat.

He runs his own concrete and landscape business, but his dropped-credit score forced his credit card company to reduce his line of credit. Without access to that credit line he’s had to sell his equipment to cover his bills.

“I love it,” he says, referring to his bright red and white dump truck. “It’s like a piece of me and this is probably going to have to be the next piece of equipment to go.”

And now he says Bank of America is telling him he doesn’t qualify for a modification.

“And I go wait a minute, how can this be? I was qualified before this happened, you guys came into my life, stole my business from me and now you’re telling me I don’t qualify because I don’t have income. It’s catch 22.”

After sending in his paperwork over and over again and having dozens of conversations he says the bank is even more confused when they call.

“Now you guys are going to short sale on me?” he asks the BofA rep on the other end of the phone.

“This is just never-ending! It’s just the biggest joke in the world… The right hand’s not knowing what the left hand’s doing.”

We contacted Bank of America.

According to them, when they consider someone for a loan modification they set up an escrow account. That’s an account they force you to pay into each month to cover your homeowners insurance and property taxes.

Andy refused to pay into the account because he already paid his insurance and taxes on his own. So the bank considered his monthly mortgage payment short: “…those partial payments were held until the full payment amount was available.”

That most likely hurt his credit score, but the bank did agree to remove the late charges from his credit report, saying “…the corrected information was submitted… to the credit reporting agencies.”

Bank of America says they are not foreclosing on Andy, and it’s still reviewing him for a modification. After what Andy’s been through, he doesn’t believe them.

The calls keep coming: “I don’t want to be transferred.”

Andy’s fight to stay in his home is far from over.

“I’m not going to stop fighting this; I don’t have anything else to lose. I’ve lost my business, I’m losing my home, I lost my financial future, I lost everything. The only thing I can do is fight right now.”

When you go into a loan modification program it’s standard for banks to require those escrow accounts. And you should also know that even if a bank agrees to lower your payments during the modification process, those partial payments will cause your credit score to drop.

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  • michelle vieria

    I agree with everything he says. I just lost my house! The companies are so disorganized no one knows whats going on. I spent 2 years trying to keep my house..its a BIG JOKE. All that bail out money should of went to home owners not the banks! 3 weeks after I short sold my house I received a letter saying I didn’t qualify for a home modification because I owed $0 dollars on my house….considering it short sold 3 weeks earlier OF COURSE I DID. I did qualify for the HAFA program but those letter, emails, and calls were ignored..we got no money to move. The HAMP program was another long big JOKE. My payment was lowered $186.00 a month after losing a $1000 a month in income. BUT they were able to sell my home for $300,000 less than what I owed!
    Something needs to be done!

  • carolyn Radcliff

    I am going through the same thing, called BAC before I was late, started a MHA mod., which I stated to them I will not qualify for that my husband made too much money last year, regardless they started it. And with in 50 days I had a notice to Accelerate foreclosure, and a rejection notice for the MHA mod. now after complaints to the Attorney general CA, DRE, office of thrift, treasury dept USA, and compcontroller of currency, they have transfered my loan mod. to a person in Ca in BAC. who can give my loan Mod. special attention. I have a countrywide, MERS loan and I keep telling them they will not mod. my loan because it is a MERS loan, and they have told me everything they possibly could, at one point they told me BAC has chosen not to participate in the MHA HARP program, I told them they have to participate. I recomend you write these same departments because the compcontroller of currency watchs every countrywide loan through BAC, and the Attorney General is also doing an investgation into all home foreclosures in CA

  • Kathy Salter

    Guess we are lucky, they kept telling us they were going to work with us, and we were on our way to sign…..when the tables turned. Turns out the bank made a mistake and listed us a Single Family Resident (SFR), instead of manufactured home, now they won’t lend to us because you can’t take a single family resident and turn it into a manufactured home. Even after they sent an appraiser out. Yes it’s BofA. We were going to go into a 30 year, from a 12 and save $750.00 a month, credit is outstanding and we never missed a payment. The bank made the mistake and now we don’t’ qualify….go figure. We even had to sign and have papers corrected, or they would not continue, with the loan, will that was a lie. They lied to us to get us to sign papers to correct their mistake. We didn’t wave a magic wand and change our dwelling status.. Zillow and our Yuba country records show the correct listing as manufactured home. BofA is now blaming the appraiser, but they can’t tell us who that is! My heart goes out to the family and all the others who have lost their home. We are making it work, somehow by the grace of god..Bless You All.

  • Donna

    Please, I beg our politians to do something with these banks. The people are doing what we can. Does it really make sense to do a short sale when the home owner can make that payment that the house was shorted saled for?. Why can the bank not give the home owner the reduction in the principal and the interest, but can do it in a short sale or a foreclosure? I do not understand this. Why does the government want to see so many people having to leave their homes when they could of stayed and the neighborhood would not look so trashy? We are seriously upside down. We spoke with the bank a year before the lost income came. We knew it was coming. The bank was the one who told us we had to be behind in payments for them to even look at us. I refused. 1 1/2 years later-6 months after losing my income and the bank thinking this whole thing is a joke, talking very nasty to us, now they put us in foreclosure because they said they did not receive paperwork that we had already sent them 3 times in the same week and them stating they never received it, even after we verified it with them the second time and our fax stating the fax was sent. Same paperwork over and over. The bank is the one who told us to miss our payments or they would not even look at us. Is the government really going to keep allowing this? What can we do? We have made phone calls, letters, and our response is, “Will don’t feel like you are the lone ranger,” IT IS HAPPENING TO EVERYONE,

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