Any one have issues w/BOGMAN INC./SILVER SPRING, MD?

[wealthygirl]

Good Evening All,

I am highly irritated at this moment...just checked my mailbox and received a notice from my Lender that they are planning to foreclose on my home!  The catch is...I just purchased this home in July 2010 and haven't missed a payment WHATSOEVER!!!  I have the canceled checks to prove it.  My first lender was BOA for the month of August.  I received a letter from BOA and BOGMAN INC. stating that BOGMAN would be my new lender thereafter.  No problem, I know that mortgages switch hands all the time.  Now BOGMAN is claiming that I haven't paid for Aug, Sept, or Oct., yet they cashed my checks for each month---WTH???!!!  Has anyone dealt with this company before?  I plan on calling them in the morning...what advice would you offer so that this does not go any further?  Can I request to have a different lender handle my mortgage?  What legal ramifications can I pursue (if any)?  I'm FURIOUS!!!!!!!!

Thanks for your help in advance

wealthygirl

[chasmith]

Nogman isn't your lender, they sound like they have become your servicer, because the loan has been sold to them or another institution.  This is another outrageous example of lender negligence in mortgages.

I would send a strongly worded letter with copies of your cancelled checks to Bogman (the correspondence address on the foreclosure notice) CMRRR this morning.  Find out the contact inmformation for the CEOs of Bogman and BOA and send copies CMRRR to them. 

Maryland has some strong mortgage foreclkosure protection programs in place.  They are more aimed at helping people modify loans but may be helpful steering you to state officials who can squelch this.

If you don't miind going public I'll be the Washington Post and the DC TV stations migfht be interested in this as a news story given the current paperwork ad fraudulent forecloure documentation issues in Maryland courts.

Finally, Maryland is a "Judicial Foreclosure" state so they would have to make a court filing to move this forward.  Kepp your payments current and documented, and countersue them if they press on.

[ShanetheMortgageMan]

Have you called them?  What did they say on the phone about them cashing your checks?

[wealthygirl]

CHASMITH:  Thanks for the advice!  I faxed a letter detailing there gross negligence w/copies of the canceled checks to prove it.  I requested immediate resolution and a written apology/acknowledgement of their error as well as forwarded copies of the same to all parties who were notified of the impending foreclosure, which included my lender and the Finance Regulation Comptroller.  I mailed it CMRRR as well.  See below for update...

---

SHANE:  The loan counselor called to say that the issue was resolved and my account was properly credited and proceeded to end the call.  I quickly interrupted to find out why this happened and more importantly, requested a letter from the company stating that this matter was resolved.  You would've thought I asked for her Social Security Number!!!  In her words, "I can't disclose why this happened, but it is resolved."   Needless to say, I asked for her supervisor and am now waiting for her to respond to my voicemail.  I'll keep you posted.

[chasmith]

I'm glad to help...

I think you're unlikely to get a written explanation of how this happened, and I'm not sure you should fight for that.

I do think that since they sent you a written notice, you need written confirmation that your account was current at all times.  Kepp the two together in case this happens again.

If the supervisor doesn't call back I would call again and insist on knowing who their regulator is so you can file a complaint.  I find that insisting on regulator or CEO information often gets me to someone directly.

[ShanetheMortgageMan]

I, too, doubt you'll get a written explanation from them on why it happened.  My guess is the only thing that you'll get in writing is what their records say about your payment history.

Is your credit cleaned up from the mortgage late payments, and have they cancelled the foreclosure process, and refunded you all foreclosure related fees (if you were charged any)?  I would continue pressing them all of those items have been resolved.  At that point, if you wish, you could get in touch with your states attorney general office and let them know what happened.  If enough similar complaints are filed the company will be looked into.

[Anonymous]

One thing I would caution is getting angry or demanding with the CSR or reps.  They personally did not do this to you and it is just as likely that the issue is with BofA as with the new bank.  It is quite possible that in the transfer/sale of the loan the payments you had made were not posted.

In any case, you are not likely to get anything written as to what happened or an apology.  They just do not do stuff like that.  What you should receive is written confirmation that your account is current and verification that any and all fees and or credit marks have been removed in regards to the account.  I would check my credit report for the next few months if I was you to verify everything is as it says. Be persistent and consistent, but not angry or confrontational.  Again, the person you are talking to did not cause the issue and it is unlikely you will ever find out who or what actually happened.  All that is important is that it gets taken care of and the more "professional" you handle it, the more likely that the people on the other end are going to follwo through and make sure things are done. 

In the end, this is probably something simple like when it changed hands, the account number changed and the payments were not applied to the correct accoutn number......

Handling this type of stuff emotionally (making demands, etc) , although personally gratifying, almost never helps the situation and often times makes it worse.

Anyway, good luck getting it all sorted out.  

[Anonymous]

Also, just so you do not think I am blowing smoke out my a@#...  I bought my home 2 years ago and the loan has been sold twice (both times because the original lenders had to file BK).  IN between the 2 lenders, 16K of our money went missing (mainly Taylor Bean and Whitaker---our entire escrow account was empty with a whole year of taxes, insurance, etc paid into it)  It took me a full year to get B of A (new lender/servicer) to work with me to do a loan modification because they were showing us in default due to the missing escrow funds.  They kept taking us in and out of foreclosure depending upon who was looking at our file that day.  They even went so far as to try to sell our house AFTER the loan modification had been approved and finalized and it was not until 2 hours before the sheriff's sale that I got it cleared.

Again, be persistent, keep records of whom you talk to, and keep on top of it..

[chasmith]

mickie08, that's just awful.

With 16K in play, you didn't sue?  Did you finally get it back?

Are you in a non-judicial foreclosure state? 

It's time people stand up to the sharks in bankers' suits.  If they file a foreclosure document that is inaccurate, and you proved t was inaccurate before they filed, that is fraud.  The bank needs to suffer judicial and regulatory consequences, and the attorneys involved need to be sanctioned to the point of disbarment.

[Anonymous]

We contacted a lwayer, but did not sue.  The company had no assets left basicly.  We would have been one of many people waiting for months or years and it was not worth the legal fees for little likelihood of any return.  In the end, B of A had to modify our loan by reextending it and adding a bit to the priciple to eat the money that was missing since we could not pay it all (or really any portion of it as I have been off work for 18 months due to a serious injury).  They did drop our rate almost 2 % so basiclyeven with the addons, our payment dropped about 50 per month.  We are now at a 5% rate fixed for 30.