Where do I file a complaint against Bank of America?

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After one year, we were approved for a Home Modification. We made our 3 trial payments timely. We began receiving default notices while making our trial payments. Bank of America's statements to us reflect our trial payments being applied as Misc. payments. They are now demanding we immediately pay what they deem past due payments stating our payments were not the full amount, even though it was the amount they agreed to with the Modification and provided us a coupon to submit with our payment. They have charged us late fees, reported us late to all 3 credit bureaus, and are threatenting foreclosure. The modification agreement we executed stated if we make all 3 payments timely, we will be put on permanent mod. payments. We have contacted the CEO by certified mail 3x's but to no avail.

Attorney Answer

1
Matthew Hector ·
You will need to hire an attorney in Texas who handles real estate law or (if you can find one) foreclosure defense. Odds are that trying to contact BoA's CEO won't do you any good. If you trial modification made an explicit promise that making the payments would result in a permanent modification, you can possibly solve this without extensive litigation. However, having an attorney on your side will help you immensely. It sounds like you are in a situation where the lender's left hand doesn't know what the right hand is doing. Sadly, that's typical. Consulting with an attorney familiar with Texas state law as well as real estate and foreclosures will get you some solid answers that are specific to your situation. This answer was for purely informational purposes and is not intended to establish an attorney-client relationship nor is it intended as solicitation of services.
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