DOER ALERT: Dear Bank of America…

 

 

Dear Bank of America, and by Bank of America I mean CEO Brian Moynihan…

Brian, I’m running out the door at the moment.  I have to make a flight to Arizona so I can attend a meeting in the morning at the state capitol.  A state senator called me last week asking for my help promoting a bill related to the foreclosure situation there.  Were it not for my schedule, I’d be ripping you and your bank to pieces in this column, and then asking all of my DOERS to inundate you with emails and letters in support of yet another homeowner who’s life you have irrevocably, unconscionably and inconceivably harmed.

I’ll be back at my desk tomorrow, and I was just going to wait until then to deal with you, but you see… this story brought tears to my eyes asa I sat here checking in for my flight… I guess I’m just emotional (although I think “human” is the more appropriate word) about such things, while you perhaps are not.  Anyway, I decided that even though I didn’t have time to write the story in detail… I’d let you know what’s coming soon to a theater near you.

My thinking is, if you want to avoid me having to spend the eight or so hours it takes me to write all of the details into a piece that will be read and remembered by tens of thousands of people all over the country, you’ll address this situation before I get home tomorrow afternoon.  I hope you don’t view this as some sort of threat… I don’t mean it that way… I hate people that threaten, you know what I mean?  Either do it or shut up, has always been my motto.

I’m just giving you a heads up, if you will, of what tomorrow afternoon is absolutely certain to bring if you don’t do something about… hey, do you remember the Perry Mason television show from days gone by…

The Case of the Grieving Grandpa and the Lying Lender

Starring…

Mr. Dale Wright of Cloverdale, California

Loan Number 149664284

Brian, this one’s going to make a great story too, so if you can’t make time to handle it before I’m home tomorrow afternoon, you’re going to wish you had.  Here are a few highlights… think of it as the show’s preview or a movie trailer…

Mr. Dale Wright of Cloverdale, California turned to Bank of America for help in 2009 after being told by the President of the United States that Bank of America would help him, if at all possible.  Mr. Wright is an 82 year-old veteran who’s been a pillar of his community since before you were born, Brian.

He was approved for his trial modification under the Making Home Affordable program on March 23, 2010.  I’m told by several people involved in his case that he made all of his payments on time and as agreed and I have reason to believe they are correct.  He was denied for a permanent loan modification because of Bank of America claimed not to have received a new 4506T… even though you had received said 4506T, 30 days earlier and I’m told those things are good for 90 or 120 days.

No matter… he was told he was being reconsidered as of December 6, 2011.  In fact, he was told he was under consideration as of December 23rd.  You SOLD his house on January 3rd, Brian. He’s 82 years old, Brian.  December 25th is Christmas, Brian.  January 3rd is two days after New Years, Brian.  God damnit… Bank of America doesn’t need to do sh#t that week, Brian. (I’m sorry, for my language, but I can’t take much more of this without swearing, Brian.)

Of course, your bank didn’t tell him it was sold on January 3rd.  He found out when the investor knocked on his door on January 3rd and told him that it would be understood if he needed more than three days to move out!  The investor told Dale he was buying the property to “flip it.”

(SIDEBAR: You might want to mention to whoever that was that said that to him, that he’s damn lucky that it wasn’t me that answered the door that day because I don’t have any prior criminal record and I’d be willing to pick up a first offense charge for beating the crap out of someone for doing that to my grandfather. But, I don’t suppose he would have said it to me, now would he?  No, he only says things like that to 82 year olds, I’m fairly sure.)

So, Mr. Wright called and Bank of America was like…

“Wo, wo, wo… we don’t know how this happened… we were trying to postpone the sale, but Wells Fargo wouldn’t do it and they’re the investor that owns the loan. It wasn’t our fault… blah, blah, blah.”

Your bank sold the home of an 82 year-old veteran right after New Years so some investor could flip it, and couldn’t even be bothered to make a call to let him know?  No… instead you blamed it on Wells Fargo, saying they were the investor and they wouldn’t agree to delay the sale or modify the loan.  Hmmm… think that’s true, Brian?  I wonder…

But luckily, I didn’t have to wonder for very long… here’s the email from Wells Fargo from just a few days ago:

From: catherine.h.martin@wellsfargo.com

To: kristiesheets@hotmail.com

Date: Tue, 17 Jan 2012 14:01:19 -0600

Subject: Dale Wright

 Dear Ms. Sheets,

Wells Fargo Bank, N.A. received and reviewed your recent correspondence regarding your concerns as it relates to your Grandfather’s mortgage.

After researching this matter, we have verified that Wells Fargo Bank is not the Investor/Owner and does not have a direct role in servicing the loan.  That being said, I am forwarding your letter to the servicer, Bank of America, instructing that they subsequently respond in a timely manner to your concerns giving Mr. Wright every consideration allowed. 

I urge that you continue addressing Bank of America with concerns pertaining to this matter.  You may contact Ms. Nora Jones at 817-864-2293 at Bank of America to request that she escalate this matter within Bank of America. 

Wells Fargo Bank makes every effort to facilitate and inform servicers of such issues so they may properly respond. 

Respectfully,

Cathy Martin 

Client Service Consultant 

Wells Fargo Bank 

9062 Old Annapolis Road 

Columbia, MD  21045 

410-884-2161 FAX 866-493-7814 

 

Ooopsie!  I guess your system was wrong… or your bank’s wires got crossed.  Or maybe they were just feeding Mr. Wright “Lie Number 32,863,” from the Bank of America Handbook?

 

The man’s wife passed away in 2006.  They were married for 53 years.  Your bank explained that a request for postponement went in on the 23rd of December 2011 on a loan which Bank of America agreed to review for HAMP on December 1, 2011 and then you sold  the home on January 3, 2012… Brian, are you trying to punish this man?

Fix this, Brian.  Fix it so that it doesn’t happen to even one more elderly person.  Because if you’ve heard of karma, your later years are likely going to be a real bear if you don’t.

COME ON DOERS… DO SOMETHING ABOUT THIS…

I CAN’T SAY ANYTHING ELSE WITHOUT BREAKING MY KEYBOARD AND MISSING MY FLIGHT, AND BESIDES I CAN’T SEE AGAIN, THIS IS JUST TOO UPSETTING… I FEEL LIKE IT’S GROUNDHOG DAY…

BRIAN… Kristie Sheets is his granddaughter… HER NUMBER IS: 707-632-6101.  You can call her and ask how to make this right, if you have a mind to do so.  I’ll be home tomorrow afternoon, and I’ll check with her before I do anything else.  This, as I mentioned, was just a preview of coming attractions.  (Insert Perry Mason Music here.)

Mandelman out.

 

DOERS YOU KNOW WHAT TO DO!

Brian Moynihan, President, CEO & Chairman

Bank of America

Matthew Task, Executive Relations, 
Office of the CEO (At BofA)

Phone: 813-805-4873


Comments

  1. just watching says

    Martin,

    Interesting you wrote this story today; as Friday a lovely 83 year old grandmother in Glendale also had HER home sold (well, not to an investor - it went "back to the bank" that day.

    While I cannot provide the same story line as Mr. Wright's, this was another case of fraudulent conveyance (If only NY law covered the entire country as regards making loans to those clearly unable to pay) - and this woman has been writing and fighting with Bank of America over her situation for almost two years...

    All I can think of as I see all this happening is that fateful interview you did with April Charney a while back wherein she mentioned that 2012 would see a whole lot of elderly people losing their homes to foreclosure... Yup. Here it is 2012 and here they come.

    Why isn't there a law against foreclosing on the elderly?

    What is the moral temperature of a nation willing to allow their elderly to be treated this way? Well, never mind... seems we know.

    I recall speaking to you on this particular matter (grandma in Glendale) about a year ago - but it took until about a week ago to find a single attorney who would take on trying to help her pro bono - seems it was just a hair too late, but we are not done fighting this one yet.

    Email me if you think you can help.

    Here are a few questions I'd like to know answers to:

    1. What liability does a county registrar have for allowing fraudulent documents to be filed in to the public record?

    2. Were a private citizen to record such fraudulent documents, who would prosecute and what would be the charge and the penalty?

    3. Were a private citizen to be the victim of such an act perpetrated by another private citizen, who would they contact to demand redress and enforcement of law and proper regulation? (i.e. If you knew forged documents misrepresenting the truth were filed in a public county land record depriving you of your right to your property who would you turn to and what would they do? Is the county District Attorney the right office to go to? If not, what is?)

    4. At what point is there liability for obviously fraudulent records being filed into the public land records in any US county?

    If there is no liability and no legal action to be taken to defend one's property from such criminal behavior then perhaps we citizens should take a card from the bankster's playbook and start filing our own documents...

    Except that it seems to me I've heard of plenty of private citizens going to Federal Prison for such acts... So what other options are there? Perhaps we can all start a mass protest sitting in at the county recorder's offices nationwide and demanding that each document to be filed be properly EXAMINED for forgeries, fraud and criminal content?

    I'm open to suggestion.

    I'm tired of this ground hogs day, myself...

    I'm also thinking that perhaps we might ask some of these questions of that nice man in the South Essex District Registar's Office, James O'Brien, who was quoted as saying his land registry was a crime scene...

    He seems to have a good handle on what the registrars SHOULD be doing if you visit their Registry of Deeds site:

    http://www.salemdeeds.com/

    How do we force the rest of them to follow suit??

    Especially in California.

  2. mandelman says

    How do I reach you... might be able to help woman you refer to, get me a few details. Certainly will do anything I can. As to your other line of questions, here's the deal... and please... call me if you don't fully accept what I'm about to say... there's only one path to changing and fixing and correcting the things we all see as being so problematic and it's the DOERS thing... I need a million of them... maybe half a million... who knows, maybe even a quarter million would do it, but it doesn't matter because we'll know along the way and so far I don't seem to be able to even get thousands to do anything.

    Think Civil Rights... Brown v. The Board of Education, a US Supreme Court Decision... very high profile... ended segregation. But did it? Brown v. BOE was 1954, if memory serves... if I'm wrong then maybe it's '53, but either way, the Civil Rights Act was signed by President Johnson in 1964 and another version in '65. A decade later and only after millions marched from Selma and a lot more.

    My point is, this will not be won in the courts alone. Nothing ever is.

    Stop the War in Viet Nam... it took four dead college students at Kent State University before parents joined the kids protesting, and that's what turned the tide. We've got kids in the streets now... but it won't change until we join the, but we need to work, take care of families in an increasingly difficult environment. How long can I keep this up? I just spent $400 to fly to Arizona to work with a state senator on a bill having to do with the crisis, and I can't keep that up let alone fly to D.C. and march in the streets.

    So... DOERS. Doesn't cost anything. Has big impact on the power structure because no ones ever done it before. 100,000 bags of pretzels shows up anywhere on the same day... 5,000 pizzas show up at the Treasury Department... Sunflower Seeds fall out of 75,000 envelopes all over the place at the Capitol P.O. Nothing like it has happened before... it makes the news, others see it and want to join with something that's working. Soon we have six figures and its building.

    This is the same reason I do podcasts and not videos... podcasts don't cost anything videos do. But podcasts don't build nearly as fast or as far. Doesn't mean they're not good and effective and... just means it's all I can do.

    The answer is money... what was your question?

  3. just watching says

    Martin,

    I just sent you an email on this.

    Subject line F/up on Glendale 83 Year Old Grandma.

    You can reach me by return email or phone - the number
    is in the email. :)

    Thx

    I won't agree or disagree with your response right now.
    I see your point.
    But first we need some court wins to prove the point - and not
    just little wrist slaps either.

  4. Gary H says

    Just Watching,

    Some of your questions can be answered by obtaining the Notary Public Handbook specific to your State and the year the Notary was a signatory to a document.

    In California there are Govenment Codes and Penal Codes regarding penalties for recording / filing a fraudlent instrument, one of which is 115.5 of the Penal Code.

    These Handbooks are on-line and are specific by year, because each year the laws change.

    As to the "blatent acceptence" of such fraudulent recordings it would appear that "due dilegence" was Not afforded.....the question now becomes, is such matter required e.g. by Oath of Office etc. by the Supervisor of Land Records.

  5. just watching says

    Exactly.

    Thank you.
    You undersood exactly what I was asking.

    Let's put these answers into a coherent form
    even though they are variable by county and state
    and start kicking butt and taking names.

    The real question is, if a document is blatantly false
    upon its face with only cursory inspection, is it fit for
    recording?

    the answer, of course is, no.

    Let's do this.

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