Bank of America and Brian Moynihan Breach of Trust, Negligence, and Bad Faith Charlotte, North Carolina

I know that Bank of America has been swamped with loan modifications due to the housing mess.   I was given a 5/1 Interest Only Loan in  2005, and made a $70, 000 down payment on the property.   Like everyone else, I was intending to refinance, but did not know about the credit default swaps and deregulation of the banks that would cause the crash in real estate.  I had no idea that I was given an improper loan.  I have owned property all my life and always trusted the decisions by the banks and mortgage companies to treat me fairly.

I started trying to get help in August of 2008, when my small RI business lost revenue after the Oct. 2008 crash.   After this, I must have sent in my tax returns and financial documents at least about 5 times.  I always faxed the documents to a different person and phone number, and was never given any confirmation that the info was received.  This was concerning, as I faxed my personal information and data, and I would like to know that the information is secure, and not have my tax returns show up in all your different offices with my TAX ID's and other sensitive information.

I have an extensive paper trail of correspondence with BOA that I wrote through your website.   During that time, I asked for the name of the person who was answering my emails, but I was never given a name or a phone number.  I pleaded just to have ONE worker assigned to my loan workout, but it never did happen, and I am continually switched from department to department in different states.   I have the same stories you have heard about all the different agents that I have spoken to during the course of this struggle to get some customer service.  I have my checking and savings with Bank of America, and went to my local branch, but no one could help me with my mortgage.  I do have an advocate that has been able to help with the credit reporting.  

I finally was contacted in Jan. 2010 and was given a special forbearance for 3 months, then placed in a trial modification in May 2010.  I was told that this would not affect my credit.  I was to make my 3 trial payments and then get the permanent papers.   During this time, I also received "Notice to Accelerate, " and was told by a worker to "throw it in the wastebasket."  I still have no decision on my modification, and in fact, BOA did report me to the credit bureaus as 120 days late, even though I have never missed a payment.  When I look at my account online, it shows that I have a past due balance of more than $7, 000.   How can that be past due if your bank agreed to the trial payments, which I have made faithfully.  

They are clearly breaching my trust with their negligence and lack of fair dealing with customers. This is on their website Code of Ethics:

Doing the Right Thing

We have the responsibility to do the right thing for our customers, shareholders, communities and one another.

Trusting and Teamwork

We succeed together, taking collective responsibility for our customers satisfaction. This is a quote from Mr. Moyihan:

"Trust is at the heart of what we do. Our customers and clients want to know they are doing business with a financial services company that they can trust; that all our associates will treat them fairly, communicate forthrightly, and make clear, honest and ethical decisions. Trust is crucial to the value we provide our customers, and its fully expressed through the combination of our Core Values and our Code of Ethics."

I am looking for an attorney to file a lawsuit against Bank of America. Please contact me.