Bank of America (BOA) is telling us one thing and doing another. It is driving me NUTS. Please read the following few sentences:

“Except in . . . GA, HI, MO, and VA (I live in FL) . . .the Servicer (or BOA) will suspend any scheduled foreclosure sale, provided I continue to meet the obligations under this plan, but any pending foreclosure action will not be dismissed and may be immediately resumed from the point at which it was suspended if this plan terminates, and no new notice of default . . . will be necessary to continue the foreclosure action . . . ”

We are currently in the foreclosure process. BOA offered a loan modification trial period. The above paragraph is from the loan modification document. We had to return requested documents by a certain date. Done. We have to make 3 payments on time. They rec’d the payment before the paperwork. First payment done.

A week after paying/signing, I start getting additional copies of court filings from the legal group representing BOA. One is asking for summary judgment. I call the group and explain the papers that were signed and ask them to call BOA. I call BOA the same day and tell them that the foreclosure hasn’t been suspended. They said they would call the law group. Four days later I receive another legal filing. I call BOA again. They said they didn’t know why the foreclosure was still going on because they had told the law group 25 days before, to suspend the proceeding because of the modification. I call the law group again. They said that the agreement that was signed between my husband, I and BOA would not stop the foreclosure proceedings. They said BOA (who is the loan servicer) had no authority to suspend foreclosure. Only Freddie Mac did. So I called Freddie Mac. They say they have no problems proceeding with the foreclosure, as long as the house wasn’t sold.

I have a major problem with this. First of all the Freddie Mac insignia is on the contract. If Freddie Mac’s copyrighted picture is being used without their permission then BOA needs to be sued for copyright infringement.

The above paragraph says that if I don’t fulfill the contract the foreclosure would be “resumed”. I don’t know what dictionary Freddie Mac/the law group is using, but how can something be “resumed” if it was never stopped int the first place??? The paragraph doesn’t say that the proceeding would continue up to the sale of the house. It didn’t specify that the scheduling of the foreclosure sale was the point that the foreclosure would be paused or resumed from. It was ambiguous on where the point is, leaving me to believe that since it isn’t specified, it should be suspended now. It does say that the foreclosure wouldn’t be dismissed. I do understand the difference between a dismissal and a suspension.

At the beginning of the first paragraph it also states that the authority to suspend the foreclosure rests with the “Servicer.” It didn’t say Freddie Mac.

What is the truth?? Is this fraud???

This is a replay of what happened before. I was told that I had a forbearance. I rec’d an acceleration of the note DURING the forbearance. BOA said that during the forbearance they wouldn’t pursue any collection action. They told me it was just a formality. Well if an acceleration of the note isn’t part of the collection process, then I don’t know what is.