Bank of America
Complaint 145554 Details

FR: William and Janie Birdsall
Date: 08/11/2012


In 2006 My wife and I split our 10 acres which then became 5 acres and a house on the east side and a 5 acre parcel with no mortgage on the west side of the parcel. Countrywide mortgage held the deed of trust for the house and 5 acres on parcel #506-41-479. In 2006 we then started a new deed of trust with then national city mortgage and built a new custom house on the west side parcel #506-41-478. BOA then purchased countrywide mortgage to include our deed of trust for the manufactured house on the east side parcel #506-41-478. As our new house got closer to completion in 2009 we approached BOA and advised them that we were unable to sell the manufactured house and asked them for assistance. BOA then approved us for a loan modification over the telephone after we had submitted all of the documentation that they requested. Our new payment agree to was $1182.00 which previously $2051.00. We then mailed in the first trial payment of $1182.00 to BOA. Then a few weeks later I called BOA and asked them where our modification contract was and they said "didn't you receive it yet? I sad no we have not received it yet. BOA then said that they would mail a new modification contract. A few later they called and said that the new payment would be about $2000.00 per month. I then said that we had agreed to $1182.00 and not $2000.00 per month. BOA then said that they were not going to lower the payment below $2000.00 per month even aver we had agreed previously to $1182.00 per month.
Then in 2010 BOA asked us to try and find a buyer for our manufactured house and they would do a short sale. We then had 2 offers for the appraised value of the manufactured house. BOA turned down both short sale offers.
12-01-2011 then held a trustee foreclosure sale of our house and sold it for $242,750.00. I then called the trustee sale attorneys Tiffany and Bosco and asked them how they sold the house for so much as it was valued at $79,000.00. Tiffany and Bosco said that is what it sold for. Then on
12-02-11 I found a vacate notice on our new house garage door. My wife and I both thought that this vacate notice was for our old house next door which was owned by BOA.
12-03-2011 a man named Chuck came to our new house and said that he was representing the investors and told us that we needed to vacate our new house immediately as it was sold at a trustee foreclosure auction. I said that was impossible as we had never been late on our mortgage that was owned by the and now PNC mortgage. I then walked outside with Chuck and showed him the manufactured house next door and advised him that the house next door was the house his investors had purchased for $242,750.00. Chuck then became very nervous and I asked him if he was alright and he said "no we sold the wrong house". Chuck then asked us to call the lady in the vacate letter and advise her about what to do. I then called my wife on the phone and told her that BOA had foreclosed on our new house. My wife then had a stroke when I told her over the phone about the BOA grievous error. My wife has TIA which is a serious medical condition which can give her strokes when stress is bought upon her
I then discovered that BOA and PNC had the incorrect legal descriptions on both of our deeds of trusts. My wife and I then spoke to Susan Neff with Lawyers title (480-214-4536) who told Janie and I over the telephone that BOA knew about the incorrect legal description 6 weeks prior to our foreclosure sale on 12-01-2011, but still committed wire fraud and foreclosed even after they filed a title claim with lawyer’s title.
The fact is that Bank Of America gave us the house and property free and clear. It is about time someone stands up and says “NO TO THE GREEDY BANKS.
Now Bank of America has filed a lawsuit against us to get the house back. We need your help as we cannot afford an attorney.

Sincerely,
William and Janie Birdsall
CELL PHONE (Personal Info Removed)