Bank Of America Unethical practice Chandler Arizona

For three months we have been working with Bank of America agent to purchase a short-sale being held by Countrywide now Bank of America. We are the persons who had an offer on the condo unit in Los Angeles area

We made an offer the end of March 2009 on the property. We made this through our Real Estate agent to:
Bank of America Real Estate Agent:
Maggie Escareno, Referred to as Maggie
Residential & Commercial
Century 21

On April 10, 2009 Our real estate agent received first verbal verification that our offer had been accepted from Bank of America real estate agent Maggie . We were told the written acceptance would soon follow.

April 21, 2009 our agent reported that she had received an e-mail from Maggie stating she hasn't heard yet and has been calling them 2 to 3 times a day. She said the supervisor was on vacation but is back now and we would have the papers in a few days.

April 25th, 2009 our agent reported that Maggie called the supervisor last week (Wednesday) and explained that the negotiator had told her she was faxing the approval and it never came and that the negotiator isn't returning her calls. She spoke with a supervisor who said she would look into the file and talk to the negotiator. Said to expect a return call in about 48 hours - meaning Friday or Monday). Maggie promised me she would call the supervisor again on Monday for an update.

April 28, , 2009 When our written acceptance had not come Maggie reported to our agent that she found out Bank of America has closed the file when she called to change her fax number. Apparently what they did was put on the notes that the buyer had cancelled the offer. (WHICH WE NEVER DID) The supervisor of Bank of America was able to fix the problem so we should be getting all the paper work by Tuesday of next week. Tuesday came and went.

May 13, 2009 Maggie reported to Our Real Estate agent that she has verbal approval from the supervisor but doesn't have it in writing yet. Maggie told Our Real Estate agent she would send our agent Our Real Estate agent a counter offer changing the escrow and title companies to the one that the bank was request. Maggie told Our Real Estate agent escrow is being opened and that we could do the home inspection.

May 21, 2009 Maggie has electricity turned on for inspection.

May 29, 2009 Inspection is back. We are still waiting for paperwork that is still not coming though we have been assured repeatedly it is on its way. Our Real Estate agent has put calls in for Maggie to see if she has talked to the supervisor recently. Maggie had said the supervisor told her she would have the approval out the first of this week.

June 3, 2009 Maggie reports that paperwork is being reviewed and can be expected soon.

June 8th escrow emails Our Real Estate agent that escrow is being opened.

June 9, 2009 Maggie reports the Our Real Estate agent that papers are still not ready and she is to follow up with them on Friday.

One June 15, 2009 We find out that the reason the paperwork is held up is because the lender made a mistake in the spelling of the buyer's name.
Maggie writes our agent:

Sent: 6/15/2009 9:44:26 A.M. Pacific Daylight Time
Subj: Re: 11124 Burbank Blvd 104

Our Real Estate agent, the lender still is gone take about 2 weeks before they send the documents, since they had the wrong buyer's name on them they have to changed everything even do it was their mistake their process takes about 3-4 weeks to correct them. Please let me know if your buyer is willing to wait. I know it is very frustrating but there is not much that can be done but wait. Talk to your client and explain the situation and if she is willing to wait then we continue with the file if not

We told our agent that we are ready to purchase the property. We would wait for the corrected paperwork.

June 18, 2009 our paperwork moves from phase 1 to phase 2 negotiator. According to your own personnel, as of June 18, 2009, Bank of America had definitely accepted our offer and it was being finalized.

June 19, 2009 Our RE agent receives an e-mail from who reports that she just had a long e-mail conversation with the supervisor at Bank of America. They reviewed everything and don't find anything missing. According to the supervisor, they should be wrapping this up soon . Enclosed in her email was partial correspondence from Bank of America phase 1 negotiator Christopher Tata, who writes to Maggie:
Don't need anything else. And tell the buyer, to hold her horses, she is getting a property at a good deal, and these short sales take time. If she wanted a "Speedy" transaction, she could have bought new!!!

Note: Not sure what prompted this remark but it was made.


June 24, 2009 still waiting for the documentation that had been promised repeatedly, it was with complete shock after three months of your commitment that our offer was accepted, this is what we receive by email: Email received:

In a message dated 6/25/2009 9:16:41 A.M. Pacific Daylight Time, MAGVES writes:

Hello,
the lender has accepted an offer with no loan or appraisal contingency and the buyer to make up the difference if appraisal comes in lower than the sales price. And the offer is not from our office. Thank you for your offer and I will be keeping yours on file.
Warm Regards,
Maggie Escareno

That was it after three months of being told our offer was accepted and paperwork would soon be coming.
If we are going to get out of the mess our country is in, we need to practice good ethics.
We need to believe in our word and the word of others. A short sale is no reason for bad ethics. We need to believe in the ethics of Business again. It was bad ethics that got us into this mess we find ourselves in today. Only good ethics can reverse that.

We expected Bank of America operate ethically and honor the word of their representatives. We feel now that they used us, leading us along while they waited if they could get a better offer. They had no regard of putting us out of the market for three months as we believed in their verbal commitment they gave us.

WHK
tracy, California
U.S.A.

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