vested_interest
Oct 14, 2011, 07:00 PM
I submitted a Qualified Written Request to Bank of America to provide me with the original note and all attachments, endorsements and allonges, if any. They responded with only with a couple pages of a copy of the original note.
My situation is that Bank of America has foreclosed upon my home, and I am challenging their legal authority to do so. My loan is one of those caught up in the MERS mess from 2008, and the original note was through Countrywide Home Loans, which merged or was purchased by Bank of America. Bank of America wants me to simply trust that since Countrywide and Bank of America merged, that of course, Bank of America services my loan. I'm not that uninformed.
Per their instructions, if I had any questions or concerns about the documentation they provided in response to my QWR, to call the Customer Escalations and Research Unit (CERU) at 866-200-9624, which I did. The representative who took my call said they don't handle these inquiries and their number should not be on the letter. She asked me if Bank of America provived the entire note, including any endorsements and allonges, to which I replied no. She advised me to re-submit my QWR, specifically stating my request for the original note in its entirety, with endorsements and allonges, if any. She said I must do this because as far as Bank of America is concerned, they have responded satisfactorily and legally to my QWR, which they had not. I asked her what happens with the foreclosure status while my QWR is being researched and investigated. She replied that the foreclosure SHOULD be put on hold during the investigation. But... as many of us know, that often is not the case and we as homeowners and consumers, must be proactive and follow up diligently to make sure the process, protocol and guidelines are being followed by the banks.
If anyone has suggestions, information, comments or advise, please do respond. I hope this information helps someone in some way. Best to all.
My situation is that Bank of America has foreclosed upon my home, and I am challenging their legal authority to do so. My loan is one of those caught up in the MERS mess from 2008, and the original note was through Countrywide Home Loans, which merged or was purchased by Bank of America. Bank of America wants me to simply trust that since Countrywide and Bank of America merged, that of course, Bank of America services my loan. I'm not that uninformed.
Per their instructions, if I had any questions or concerns about the documentation they provided in response to my QWR, to call the Customer Escalations and Research Unit (CERU) at 866-200-9624, which I did. The representative who took my call said they don't handle these inquiries and their number should not be on the letter. She asked me if Bank of America provived the entire note, including any endorsements and allonges, to which I replied no. She advised me to re-submit my QWR, specifically stating my request for the original note in its entirety, with endorsements and allonges, if any. She said I must do this because as far as Bank of America is concerned, they have responded satisfactorily and legally to my QWR, which they had not. I asked her what happens with the foreclosure status while my QWR is being researched and investigated. She replied that the foreclosure SHOULD be put on hold during the investigation. But... as many of us know, that often is not the case and we as homeowners and consumers, must be proactive and follow up diligently to make sure the process, protocol and guidelines are being followed by the banks.
If anyone has suggestions, information, comments or advise, please do respond. I hope this information helps someone in some way. Best to all.