I have short sold my house still showing active in Bank of America system and onlinet (San Diego: short sales)

[faithn01]

Please help us in resolving this problem we have with Bank of America. I have written the CEO of Bank of America, Ken Lewis located at 100 N. Tryon Street [FONT=Arial]Mail Code NC-1-007-18-01, [/FONT][FONT=Arial]Charlotte[/FONT][FONT=Arial], NC 28255[/FONT] because of the way this company and some customer service representatives handled the credit reporting of my Short Sale and the way they actually show our 2nd mortgage as active in their system. I have asked him in my letter to remove the 2nd mortgage as shown in their system as active because my house was short sold already on July 9, 2008. One of the conditions in the short sale is that there is no deficiency judgment against us for both 1st and 2nd mortgage and that is included in the escrow papers and was also confirmed via email by their negoatiator, Adam Herson on June 4, 2008 . They have included the 2nd mortgage to my personal account online with no explanation why. I’ve called Bank of America and was referred to different numbers but to avail. Per teller of Bank of America in San Diego we still have this Mortgage showed as active. Per Shawn of BA with direct line of 800 669 6607 ext 8753, this 2nd Mortgage still shows active., was referred to the Negotiator Adam Herson who is now a Manager on November 11, 2009 but never returned the call. I have emailed all the Negotiators, Executives, President and CEO of Bank of America but to no response.
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[FONT=Arial]We have decided to sell our home because of the car accident that I have sustained in 2005. I was hit by an uninsured driver and became disabled for four months and eventually lost my job. My husband retired to take care of me. While I was recuperating we have used our savings to make payments for both mortgages. I get my retirement income from previous employer which is only $450 a month and my husband get a retirement of $2665 a month. We have tried to look for another job but to no avail. We only live on fixed income now and our income can barely make it. We only have about $50 left per month on our checking. We tried to look for a job but we are not successful due to the economy. My Kaiser Insurance was denied coverage because my Cal Cobra exhausted and when I’ve applied for an extension of my coverage Kaiser denied me due to cataracts on both eyes, osteoporosis, asthma and GERD. I have also ringing of the ear non stop, neck and shoulder pain everyday. My daughter’s 2002 car broke down, and the repair is too expensive. So we have decided to give her our 2006 Toyota and bought a Hyundai for us to use. We used to pay our monthly Kaiser premiums of $292 a month but since they denied my appeal we used that money to buy another car for us to use. [/FONT]
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[FONT=Arial]My Short Sale was agreed upon that NO DEFICIENCY for both 1st and 2nd mortgage at closing. My escrow papers included a letter with the 1st and 2nd mortgage account numbers on it stating that there is NO DEFICIENCY JUDGMENT if the Short Sale closed on the referenced loans. This was confirmed via email by Adam Herson, the Negotiator at the time. I have received a Full Reconveyance letter from the Riverside County recorder’s office stating the Deed of Trust is paid in full. The escrow closed on July 9, 2008. I have a purchased money mortgage, never refinanced and therefore covered under CA CCP 580b.[/FONT]
[FONT=Arial]We have been a good customer of Bank of America since 1991 and paid our bills on time. We have paid off some of the credit card balances and mortgage loans in the past. As a matter of fact, after we short sold our house, we have decided to sell our truck so we can paid off Bank of America Credit Card for $8,200.00 in March of 2009. Our credit limit was $14,000, after we have paid off the $8,200 they cut down our credit limit to $1,700, we now owed $1677.42. This really prevent us to apply for credit card at San Diego Country Credit Union where we have opened a new account because they said that Bank of America still shows that we have balance of $86,828.42. We have pawned my jewelries for $100 just to get by before next paycheck. I thought that this was already taken care off when I short sold the house and I was wondering why it is showing on BA online and your system as active. This should be closed and posted as paid, settled in less than full balance[/FONT][FONT=Arial][/FONT]
[FONT=Arial]Your help is greatly appreciated.[/FONT]
[FONT=Arial]Thank you,[/FONT]

[jbunniii]

That boldface font is very hard to read, so I may have missed something, but I have to wonder why on earth you want another credit card/more debt at this point. Can't you move somewhere cheaper? I can't help thinking that you could live reasonably comfortably on your retirement income in at least half of the states in this country.

To address your question, exactly what "system" is showing that your mortgage is still active? Are you referring to your credit reports or to Bank of America itself? If it's the credit reports, perhaps BofA hasn't sent an update indicating that you are released from responsibility for the mortgage. I would suggest disputing the record with all three credit bureaus (Experian, Equifax, and TransUnion). If the dispute fails, then take it up with BofA. If they won't update the record and the record is incorrect, then take it to a consumer credit attorney.

P.S. I'm not sure how short sales are typically handled, but my guess is that even after your credit report is corrected, there's going to be a big black mark. Regardless of the reason, you did, after all, renege upon a major debt.

[EDIT]: OK, I read the first paragraph a little more closely (the font is even worse there than in the rest of the post!) If you are absolutely certain that the short sale paperwork indicates that BOTH loans were forgiven with no additional obligation on your part, then I would head straight to an attorney at this point. It should be rather open-and-shut, but in my experience banks can be very stubborn even when they're in the wrong, UNTIL they see a threatening letter from an attorney.

[sms1967]

My neighbors walked from their home over 3 months ago... to date there is no sign outside, nothing listed online, nothing done at all. Is it any wonder we're so f'd up? How is anyone going to rent or buy that piece of crap when it's been sitting for almost 120-days with nothing done?