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Call Kurtis: The Bank Lost My Mortgage Check And Is Auctioning Off My House

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(CBS13) — Glenn Morgan was barely able to scrape up enough money to save his home from foreclosure. He sent the check, but the next thing he knew, his home was up for sale.

It’s quite the drive out to Guinda, set in the scenic Capay Valley. Blink and you might miss this little town of 585 people. But Glenn Morgan, along with his dog Spencer, can’t imagine living anywhere else. He’s put years of work into his home.

“I’ve actually tore out most of these walls,” says Glenn.

There are memories in the plants and trees, given to him by his late parents. “The roses actually my father started,” he says, “I don’t know what I’d do if I didn’t have this place.”

And he might not have this place in a few weeks. After falling behind on payments, Bank of America notified Glenn that he’s in foreclosure.

“I’m worried really, I’m almost sick about it,” says Glenn.

But the bank said he could save his home if he came up with $4,175. He scraped together the money, got a cashier’s check, like B of A required, and sent it certified mail. A receipt proves the check arrived. But soon after, Glenn received a notification saying his house will be auctioned off in a matter of weeks.

“It’s just such a let down. Here I thought I’m in the clear. And here I am right now and they’re putting a sale date on me,” says Glenn.

He says B of A told him they lost his check. They told him to stop payment on it and send a new one. But it’s not that simple. Glenn can’t get his money back from that cashier’s check until it voids in 90 days, which will be well after the May 18th auction date.

“I don’t believe I should be punished for them losing the money I sent,” says Glenn.

So we called up Bank of America. They admit “… the check was likely lost …” And after we got involved the bank expedited his refund for that cashier’s check. He had already sent a new check after borrowing from a friend. B of A tells us they did receive the new check. They say the sale of his house has been canceled and his loan will be reinstated.

Now Glenn and Spencer are home for good.

“I’m 51 years old. It’s just me and my dog. This is the place I plan on dying,” says Glenn.

Bank of America initially told us they didn’t cash Glenn’s check because it didn’t have his loan account number on it. But Glenn says he gave the payment instructions to the teller where he got the check, which happened to be a Bank of America branch.

Glenn says B of A also said they’d send him a $100 dollar gift card for his trouble.

Bank of America’s statements to CBS13:

Mr. Morgan notified us that he had sent a check in to the company but unfortunately, because he did not have his loan number on there, it was not cashed. We immediately asked Mr. Morgan to stop payment on the check. A customer service representative spoke with Mr. Morgan last month, and again last week advising he put a stop payment on the check and reissue it. In the meantime, we have sent Mr. Morgan new reinstatement figures which include the mortgage payments incurred during this time period. We have noted his account and continue to work with Mr. Morgan on this issue.

We acknowledge that the check was likely lost after it was received by Bank of America. We are waiving the late fees incurred because of this and understand Mr. Morgan is prepared to send a new check to help resolve this issue. We, again, apologize to Mr. Morgan for this inconvenience.

We have received a new reinstatement check from Mr. Morgan. The check will be processed immediately and the sale has been canceled. The loan should be fully reinstated by early next week.

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  • JD

    Mortgage companies got money from the Feds for a bailout – then they are making money expediting foreclosures and re-selling the homes. It is happening and we are seeing it all over Sacramento. Even the real estate agents we talk to tell us that the facade of “banks lost money on foreclosures” is false.

    This is going to take more than 10 years to clear up and the only ones that really lose are the ones who lost their homes and the communities who have neighborhood full of shells because people have moved out.

  • http://rangerwinslow.wordpress.com/2011/05/12/bank-of-america-continues-war-against-its-customers-bofa-loses-check-that-would-have-saved-house-from-foreclosure/ Bank of America continues war against it’s customers – BofA Loses Check That Would Have Saved House From Foreclosure « And now for something completely different. Maybe. Almost. Not really. Entertainment For The Easily Amused.

    [...] CBS 13 has the story of a man who fell behind on his mortgage payments who was told by Bank of America that unless he sent them $4,175 he would lose his house that he had spent years putting work into. So he managed to put together the money and sent it in as a cashier’s check. Then the bank lost his check. [...]

  • http://4closurefraud.org/2011/05/18/bank-of-america-loses-mans-mortgage-check-attempts-to-auction-house/ Bank of America “Loses” Mans Mortgage Check, Attempts to Auction House « Foreclosure Fraud – Fighting Foreclosure Fraud by Sharing the Knowledge

    [...] Call Kurtis: The Bank Lost My Mortgage Check And Is Auctioning Off My House [...]

  • Randy Frodsham

    I’d suggest that he contact local State legislators and his US Representative and the two senators from his State. And DON’T TAKE ‘NO’ FOR AN ANSWER. Remember, those legislators (at all levels) are cicil servants. That means He’s their employer. President Obama is merely a Federal employee. We can’t afford to lose sight of that.

  • Kathleen

    Yes, contact both Senators and also the ACLU. The 5th and 14th amendments protect against unlawful seizure of porpoerty.

    We need to keep fighting. Geithner said “this chapter isn’t over,” and again, when asked by Andrew Ross Sorkin (“Too Big to Fail”) why no banker had gone to jail for their role in the meltdown, Geithner said,” it’s not over yet.”

    Nobody knows that better than homeowners!

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