Log in

View Full Version : Can Bank drop someone from a mortgage?


LizCro
May 12, 2011, 06:06 PM
In 2000 my mother obtained a mortgage with Countrywide home loans. 2002 when she moved out, we added my name to the mortgage and deed according to Countrywide's guidelines ( quit claim deed to add name, fill out simple assumption form and submit with $100). My name was added to the mortgage and insurance with no problems. This was done so that when my mother's health got bad, I wouldn't have to worry about a place to live for me and my son as long as I made the payments. 2004 My mother filed bankruptcy on the loan. Her name remains on the deed and mortgage to date. In 2008 BoA bought out the loan from Countrywide and I made payments to them. April 2009 I filed bankruptcy but reaffirmed the debt on the house.BoA has a copy of this paperwork in their system verified by BoA Hoem Loans employee. Dec 2009 I went to my local BoA branch to open a new checking and they opened a high end checking that was attached to the mortgage. May 2010 I received a letter/form from BoA requesting that my mother make me the primary borrower on the account. (this proves that at one point BoA recognized me as a mortgage holder) Since she was in a nursing rehab in PA, I did not receive her signature until November. Before I had a chance to fax the paper into BoA, they suddenly (November 2010) dropped MY name from the mortgage stating they did not have a copy of the simple assumption done back in 2002, therefore they were removing me from the mortgage even though they had a copy of the quit claim deed, bought the mortgage with my name already on it, repeatedly recognized me as a mortgage holder AND I reaffrimed the debt. The local branch representative told me "It may be sitting in a box somewhere and we just can't find it". They wanted me to prove I did a simple assumption. There was nothing "official" returned to me from Countrywide. They simply added my name to everything and life went on until BoA decided 2 years after buying the loan the were going to delete me. One employee at BoA added my name back to the mortgage under OTHER and someone else deleted it again! Now they want me to send a letter from my mother, old statements from Countrywide and BoA that show my name on the statement (they blocked my online access to past statements), Declaration pages from my insurance with both our names on it, property tax bills etc etc etcand pay ANOTHER $100 assumption fee. I've been solely responsible for this house since 2002 and never missed a payment or incurred a late fee in 8 years. Not to mention the damage to my credit history by deleting the mortgage. Can I file a suit against them? Can they just delete someone from a mortgage and tell them PROVE IT??

In the process of getting the paperwork together, I received another letter from them thanking my mother for inquiring about loan modification and the paperwork we'd have to send to have the loan modified (NO ONE inquired or accepted a loan mod to begin with). I have gotten together all the documentation they requested and was going to fax it over today. I received a letter saying my loan is now being transferred from BoA home Loans and was going to be serviced by BoA as of July. I feel like I 'm stuck in the middle of a shell game with this bank. I'm very low income and do not have the means to refi the loan or I would have.

Fr_Chuck
May 12, 2011, 07:13 PM
Yes, you are being treated poorly, you need to try and speak to a manager who has authority to resolve the issues.

Next did you not keep copies of any and all correspondance about your loan ? They would have issued a new copy of the mortgage and filed a new copy at the courthouse, so have you checked there to see what lien paper work is filed.

The fact you said they added you with little or no trouble worries me, since it is a major deal not a simple thing to do.

kcomissiong
May 13, 2011, 10:20 AM
I am not familiar with any guidelines that allow you to simply sign some paperwork and add yourself onto a mortgage. Generally, a bank will not add person onto the mortgage with out at least another credit investigation, and a mountain of paperwork. Fr_Chuck is correct: you need to gather any paperwork and communication that you have received, and schedule a meeting with someone at BOA if possible.

excon
May 13, 2011, 11:16 AM
Hello L:

You've gotten good advice...

From what I HEAR about BofA, my worry is that when you get all your ducks lined up, there's nobody really there at the bank to deal with your problem.

IF that's so, it MIGHT take a lawyer to get their attention... It might take a lawyer in any case. I understand that you're low income. That doesn't change your need for a lawyer.

excon