Zen & The Art of Foreclosure

A backwards account of losing every thing & yet no thing

dailyforeclosure

dailyforeclosure
Location
Los Angeles, California,
Birthday
May 05
Bio
This is a little bit foreclosure commentary and a little bit non-linear narrative recounting the missteps that led me to foreclosure.

Editor’s Pick
NOVEMBER 3, 2009 3:20PM

Foreclosure: Staring Down the Barrel of a Loan Mod Ray Gun

Rate: 30 Flag
23 days remain until my house is sold at public auction.  Where’d all the time go?  It feels like just yesterday there were 30 days left.  This is probably because I’m on my third foreclosure postponement and the familiarity of my situation is mucking with my sense of time.  My lender, however, is flawless when it comes to counting the hours and days leading up to foreclosure.  They’re cleverly skilled emotional terrorists wreaking havoc one postponement at a time.  I don’t like the word “terrorist” and would consider revising it to “emotional enemy combatant” if it weren’t for brief a trip down foreclosure-postponement memory lane that confirms I’m in the midst of an all-out assault on the holiday season. 

The first attack occurred at the end of August when my lender issued a 30-day postponement of foreclosure setting the new date to September 29th, right in the middle of Rosh Hashanah.  Idiot my lender is.  Some of my best friends are Jewish… but I am not.  Tee hee hee hee hee.  This evil-witch-cackle sorely underestimated my foe’s resolve as they launched a second offensive issuing yet another 30-day postponement of foreclosure.  This bombardment possessed more precision as it landed on October 28th, a few days before Halloween.  While I would love nothing more than to be anybody else than me this year, the resulting packing frenzy left me no time or energy to return fire with a costume for the holiday.  That’s okay because I launched the counterattack to end all counterattacks last week by purchasing three boxes of candy cleverly disguised as breakfast:  Count Chocula, Boo Berry and Frankenberry cereal.  Ha!  Suck on that… um… suckas?  I feed the munitions into my stomach over the course of two days just to show them who’s Boss… Hogg.  These puffs made from refined, genetically modified corn can’t be all that bad for me.  Chocolate is a fruit… I think.

And now this latest 30-day postponement schedules my foreclosure for November 25th, the day before Thanksgiving.  Will it happen?  I hope so.  Otherwise, the next 30-day postponement will batter me during the biggest holiday season of the year: [INSERT HOLIDAY OF CHOICE: Ashura, Christmas, Kwanzaa, Hanukkah, etc.].   It’s sure to be the last because, according to my calendar calculations, the next opportunity for my lender to launch its holiday ruination strike isn’t until February 22nd, 2010 when George Washington’s birthday rolls into town.  Who in their right mind celebrates that holiday?  Given my penchant for going along with this loan modification review process of late, probably me. 

It’s May 21st, 2009.  I am no longer hot on the trail of the Making Home Affordable Plan after learning months ago it only targets Fannie Mae and Freddie Mac loans (and a handful of other lenders, mine excluded).  Cradling the phone to my ear and listening to my lender’s hold music, I patiently await the opportunity for an update on the status of my pre-application for an application for pre-loan-modification review.  Yes, it’s a mouthful.  I applied over the phone several weeks prior and was told a loan specialist would ring me within seven to ten days to discuss the process.  The phone never rang and I’m on hold with my lender to find out why.  

A customer service representative’s voice breaks the dullness of the hold music and promptly announces my pre-application for the application for loan modification for loan-modification-in-review was rejected.  “We were unable to reach you,” the customer service rep says with just a hint of snottiness.  I want to reach through the phone and wipe his runny nose with a pile of mashed potatoes and gravy but instead calmly scan my phone’s incoming call and voicemail log.  “According to my records there were no attempts by Bank of America to reach me,” I assert.  He tells me according to his records I’m incorrect so I ask for specific dates and times of these alleged attempts to reach me.  “We don’t keep a log of those,” he responds failing to notice the incongruence of his statements.  I’m accustomed to such nonsense by now.  “Oh I get it.  Bank of America hired telepaths to handle the loan modification process for their borrowers.  Duh.  My bad,” I acquiesce.  This isn’t said out loud.  There’s no need because the B of A telepaths are already inside my head.

I could go around in circles all day with this guy bending his absence of critical thoughts into origami baseball bats and beating him senseless with them but I see no point.  No amount of verbal violence is going to save my house from foreclosure.  Besides, this entire conversation proves he’s already senseless.  I ask him how someone such as myself might fall back into the good graces of the loan modification pre-application process.  “By reapplying,” he answers.  Okay… “I would like to re-apply for a loan modification,” I say with sarcasm that flies right over his birdbrain.  A barrage of financial questions follows.  My buddies Ernst, Young, Deloitte and Touche are not in the room with me.  I could guestimate on the answers if my life depended upon it but something tells me there’s a complex algorithm just waiting to reject the application if I answer incorrectly.  My dwelling’s life depends upon correct answers.  Thankfully the representative suggests I prepare the proper information and call back at a later time.  Whew.  It’s the first time he’s said anything that makes sense in the entire conversation.  Now I don’t have to beat him.  CLICK.  I hang up the phone and wonder if they’ll hire specialists in telekinesis to remove me and my belongings from the house after foreclosure.  An environmentally sound move like this sounds good to me.

Subsequent due diligence of pouring over financial records and a follow up phone call to the lender qualifies me for the main event:  The application process wherein I prepare and fax a 46-page document containing bank statements, budgets, tax returns, profit-loss statements and a hardship letter to Bank of America’s Home Retention Department.  The file took days to assemble but five grueling weeks laden with fiasco after fiasco to get it into the lender’s record books.  The affair looked something like this:  The lender confirms receipt of the 46-page document and says they’ll be in touch if they find it lacking any necessary information.  One week later I’m mysteriously booted from the application process because Bank of America claims they do not have the documents both they and my fax records confirm they had.  I go back to square one answering the pre-application questions and re-fax the 46 pages of financial embarrassment.  Once again, my fax confirmation and a phone call to the lender substantiate a successful delivery.  Believe it or not this charade of incompetency on my lender’s part repeats itself two more times until finally, on June 26th I force an unwilling customer service representative to definitively confirm my faxed documents were scanned into the lender’s system… page by page.  I am officially past the pre-application for the application and crowned with “Application for Loan Modifation Review” status.  OY VE!

That crown is still wrapped around my throbbing melon.  An  article in The Washington Post echoes the frustrations of the process stating,

“The company's effort has been hamstrung by a staff shortage and by adapting its computer systems and even fax machines to the scale of the program, which began in March.”

In hopes of avoiding war I approached the lender with diplomacy.  They responded with incompetency and pinned me down with their loan-modification-review ray gun.  They’re trying to break me without firing a single shot.  What the lender doesn’t realize is the battle was over eons ago when they broke my spirit, my heart, my relationships and my vitality with their big, fat foreclosure foot.  They even broke my Rock Band drum pedal.  Bastards!  Okay, that last one was a lie.  I broke the pedal with my big, fat flubbing foot during a failed attempt at Fall Out Boy’s Dead On Arrival.  It was a last ditch effort to rescue a little dignity from the financial fire consuming my life.  An audience of one, my cat, watched as I set the drums to EASY mode, smashed the crap out of the plastic pedal and still managed to get booed off the stage.  Man, I suck.  If I were a rock star none of this would be happening.  Unless I’m Rich Robinson, founding member and guitarist for the Black Crowes, who lost his home to foreclosure last January.  Forget rock stardom.  I’ve got a better idea.  I’ll get a job working in my lender’s Home Retention Department.  According to the same Washington Post article it looks like they’re hiring:

"The number of employees handling loan modifications for Bank of America has doubled this year to 11,000, and the bank still has 240 openings. It plans to open another facility in Fort Worth by the end of the year staffed with 300 more employees, and then it would add yet another 300 by the middle of 2010."

If by some miracle of miracles they hire me I’ll reject my own loan modification the first day on the job and then promptly quit.  Rest assured, they’ll get no two-week notice from me.

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day before thanksgiving, that is horible, what a bunch of heartless jerks.. who does that?
The shitstorm continues. Great story, man. Bad juju.

PS: First time ever that "Fall Out Boy" and "a little dignity" appear in the same paragraph.
Yowzers. Their tactics should be banned by the Geneva Convntion.
Boy do I feel your pain. We are going through the same kind of thing. Our lender strung us along for a long time with the same kind of shennanigans and then turned it all over to a law firm for foreclosure. We filed a Chap 13 to buy some time but with no employment opening up a Chap 13 isn't going to work and we decided we should let the lender take it back and are moving in with a relative. This will enable us to conserve the remainder of our meager funds a little longer. I lay the blame at the Republicans door. Especially the 8 Bush years of wholesale greed and corruption. And I am losing faith in the Democrats now.
All I can say is how sorry I am and that is inadequate. B of A Sucks donkey dicks...........They dropped a credit card I had had with them for over 8 years. My son missed one payment on his car and the payment was NOT through them..I am sorry your loan was with them. I think they are loading up their pockets to leave town.I truly hope something anything good comes your way soon. As hard as this is to read I cannot imagine the frustration and pain you are dealing with.
Since banks aren't lending and people aren't buying homes, what's in it for them to boot you out?
So, you're not Jewish and yet you know how to say Oy Vay! We've been in our home for 17 years. Never missed a payment. Husband got laid off last Sept and I just found a shit-ass job that barely pays the utilities. We sold everything we had to pay 1/2 of what they wanted 3 days before the forecloser, now need $5,000 by the 20th and have no idea where that will come from.

Family said go F---K yourself. Friends disappeared, loan sharks would lend us the $ IF we moved out of the house and took everything with us. We have equity in the house, but no one will lend us any money. The bank wants the house BECAUSE of the equity. Forget the loan modification. We don't qualify for a dime.

There's a lot more to this story, like my father was kidnapped by a cousin in 2004 and in 18 months the state of Florida wiped out every dime, eventually killing both my parents in the process and leaving us penniless. Wrote a book about it: Blood Tastes Lousy With Scotch. Someone said it sounded like a VAMPIRE novel, and in a way those blood sucking guardians and their attorneys would qualify. Please Buy my book, I need the $$.

Have no idea where we'll be a year from now. Where is that STIMULUS everyone is talking about? Where are all those charities I volunteer my time to raise funds for? When you're rich, everyone LOVES you, When you're down to your last nickel, you can't even buy a cup of coffee!
Sounds just like B of A, I dropped them like a hot potato years ago.....funny thing, broke my brothers Rock Band pedal while visiting, we McGyver'd it back together, hope it lasted. Come to Seattle for Thanksgiving, we have lots of room for visitors! Good luck.
Looking at the comments here, I think you have lots of options. Home-based businesses are booming, my friend. You can--

Oh. Right.
Three words you never want to hear when the subject of money comes up: "Bank of America". That's a financial term for "You're screwed."
" “According to my records there were no attempts by Bank of America to reach me,” I assert. He tells me according to his records I’m incorrect so I ask for specific dates and times of these alleged attempts to reach me. “We don’t keep a log of those,” he responds failing to notice the incongruence of his statements. "

Get an attorney, get an attorney *now*.

If they're claiming that "Oh, we couldn't reach you", "We tried to do X but *you* weren't there" - go get yourself a foreclosure attorney, even, yes, going to Acorn or some other group and seeing what you can do.

You have rights in this, and Bank of America doesn't just get to say "Oh, well, we tried," and that's it.
FLASH:
regardless who's in that big house in DC, big $$ calls the shots... just in case you're still in LaLa land.
Those upside down on their mortgages are trying to deal with the likes of BofA and their completely inexperienced persons given the task of deciphering and approving those borrowers through the Home Affordability Modification Program and similar acronymically enhanced schemes.
The banks made a big play to take over the sales end of real estate in the past few years for which the National Association of Realtors billed their membership to fight. Now through greed, mismanagement and theft of the highest order the banks find themselves with the beginning of the real estate inventory they sought and supposedly they seem not to be able to figure out what to do with it.
I think it has been just the first wave of a calculated, purposeful and on going landgrab that will be the largest ever in history, dwarfing the historically memorable surges of the marauding armies throughout time. The taking of lands by the railway system will look like children fighting over a corner of the sandbox by the time these criminals have their way.
[ Lucypuma ...I lay the blame at the Republicans door. Especially the 8 Bush years of wholesale greed and corruption. And I am losing faith in the Democrats now]
Oh, puleeeeze
Blame it on someone else? No accountability? No transparency?Just simple, childish 'I wasn't being taken care of'
How old are you? GROW UP! Get a Job! Stop whining! Who owes you? Me? Get on with your life!
@Hymie: they're required to send you a letter of "intent to foreclose" and give you a chance to get current (even if you can't).

If they never sent you that letter, they can't foreclose.

Get a lawyer - and stop paying.
@J Bob: "Get a Job"

thanks, would love to - but 2 months after being laid off I'm unable to find employment sufficient to afford my home.

(which all part of my evil plan to take advantage of a helpless bank!)
There's an old Kurosawa film called (in English): _The Bad Sleep Well_ [http://www.imdb.com/title/tt0054460/]

In case you were wondering how anyone working with BoA could sleep at night.

**Spoiler Alert**
it's not a happy movie
To Fudo Myoo
I too was laid off (by the very bunch who paid $10K relocation from the midwest to north Atl) and who sucked up all the wild dreams THE MANAGEMENT dreamt of. The home bought with the impressive salary (a bird in the hand is worth two in the bush??) is vacant, save for the dust bunnies. We've moved on.
I'll help ANYBODY. People help me and my family.
So, we are in similar dire straits.

What confounds me is, no matter who is in charge, people like "Lucypuma" cannot resist blaming others. So easy. So worthless. So whatever.

Banks folks are FOR PROFIT enterprises! Greeed and mismanagement are direct consequences of Banks!

Forget the gummit. The gummit is in on it all. Greenspan, Bernanke, the next guy/gal.
Let's ask - why would a individual, say like Corzine, spend his $20M to run for Governor? It ain't the pay.
Well told but pretty depressing. I posted this on my Facebook page. I lost everything in 2007 so I am kind of over the worst . I live in 2 rooms with no car, and believe it or not, there is a kind of freedom to having nothing--you have nothing to lose! In addition, here at the bottom there is no fear of "sinking lower." You're already there!
Went through the same hell with BoA when they wouldn't talk to me about our second. MY name's on the mtge, just DH on the note, so the asshats in the "customer service" dept claimed that they couldn't give me info. One of them actually went along with this scenario: we get divorced. It is NOT me paying the second (it is). Now ex decides, out of spite to stop paying on the second, and they decide to foreclose. Would they send me notice, seeing as I OWN THE FREAKING HOUSE? Nope. My name's not on the note. Blah blah blah.

I went through umpteen reps, three supervisors and one assistant to the manager over the course of two months before finally getting the actual manager. She apologized for her idiots. She sent me the forms I needed to get auto-pay instituted--yup, that is ALL I wanted.

Everyone of the jackasses told me "Have your husband call us." I refused. It's my house, and their stupid bank rules are not freaking LAW and they may make sense in the face of an auto loan but not with a home. Tip for future reference for anyone dealing with BoA. It's free.

If you call customer service and get someone with both a brain and a heart (it's nearly unheard of) go with it. But if not, start yelling. Seriously, start yelling. The idiot on the phone has no decision making power and they keep horrible, horrible records. So, no record of you screaming at them, but you WILL get passed on to the supervisor, who WILL, most likely be an idiot as well, and eventually you WILL get a manager who may have a brain. And you MAY get somewhere.

PS: it works with Wells Fargo, too.
This story is happening thousands of times every day across America. 4 or 5 times/day 50-100 of these foreclosure "auctions" are postponed on the steps of our County Courthouse.
The mortgage banks cannot produce the original paperwork, so challenge them in court.
Then, their Lobbyists in DC lie to Congress and the American people that they are working real hard to modify loans.
Talk to the homeowners involved. The banks aren't doing much, if anything, other than playing 'hold' music.
JBob:

Jeezow, what nerve did I hit with you? How about a little courtesy and respect when expressing your views and responses ?
Assholes that post here telling this fellow to simply, "get a job," don't fucking get it. There are no jobs.

Decent, honest, hard-working people are being disenfranchised, dismembered, and tossed aside. People that are NOT in debt to credit-cards, that are not in over their heads with their mortgage payments, that have actual equity in their homes, are losing their jobs.

There is no market for their homes, and there are no jobs. What the fuck do you idiots think that they should do?

For those of you lacking compassion, I am going up to the roof right now and doing a goat dance that will send you the same heartbreak that they are suffering. Lose YOUR job, and see how well you can pay your own damned mortgage.

I cannot stomache your hatefullness.
Horrifying proposition, watching something you've worked on and lived with evaporate a little bit more each hour. If it hasn't already affected them, people think of all the foreclosures and say, ah, that's too bad, and move on. But if they own a home, like I do, and if they think about it for a while, as your post made me, it's a wrenching idea. It's not just a place, it's a site of enormous psychological weight, a kind of extension of one's own body. I can't count the times I've cut myself on my place while fixing something--it's left its mark, physically as well as psychically. I just spent a day in the yard raking leaves and breathing it in. I never really consider what will become of it, but then, it's not just an "it." Faced with others who consider it that way, I would explode.
Ah, yes, the "dog ate your paperwork" dodge. I went through this with Wells Fargo 1 1/2 ago. It got so ridiculous I would call to verify arrival of my paperwork and say to my own personal rep, "This is the part where you tell me you don't have my paperwork and I'll have to spend money I don't have to fax it again."

I actually had some pleasant conversions with said Wells Fargo rep until one day my polite personna slipped and I stated that her job was a total joke and being a street-walker might offer her a more useful and honest career. She didn't appreciate it. Can't blame her, but then I knew by then there would be no modification, ever in a million year, so I really didn't care.
I guess I understand the easy criticisms that your experience elicits. You should have known better... It's your responsibility... Here's the thing... business go out of business all the time. They declare bankruptcy because they made some financial missteps. In some cases, our gov't uses our money to save them. In your case, we assign blame. If it's big business, it was just risk. I don't know - I feel like there's a disconnect. We are ok (collectively) with the gov't saving the "free market" but helping people directly is socialism. You deserve help, and regulation. We all do.