Woman, 70, And Terminally Ill Husband Face Losing Their Home For Paying Bank Of America Mortgage Too Early

By Daily Mail Reporter

Last updated at 5:49 PM on 20th August 2011

 Dailymail

A 70-year-old woman and her terminally ill husband face losing their home because she paid her mortgage a week early.

Sharon Bullington, of New Port Richey, Florida, says that Bank of America has filed to foreclose on her and husband, James, 78.

Mrs Bullington said: ‘It’s like death to me. My husband is bedridden. It’s almost more than I can bear.’

The couple moved to Florida 15 years ago after Mr Bullington retired from General Motors in Flint, Michigan.

Their home is now valued at $133,464, though they owe about $177,000.

When James became ill, the couple encountered financial difficulties because of high medical bills.

The couple asked Bank of America to modify the loan.

The bank told the couple they would have to first officially default on their $1,400-a-month payment.

The Bullingtons did that and entered into the modification plan, which reduced their payment to $916.

Mrs Bullington made the January payment on December 23, and the bank accepted the money, according to court records.

The next month, she made the February payment over the phone.

Weeks later, the money had not been withdrawn from her bank account.

After Bullington asked the bank about it, a representative told her she had punched in the wrong routing number.

In March, the bank kicked the couple out of the modification plan.

Mrs Bullington pleaded for help in a June letter to Bank of America president Brian Moynihan and U.S. Rep. Gus Bilirakis.

One of Mr Moynihan’s aides, Ana Olivera, told Mrs Bullington the foreclosure could not be stopped, Tampabay.com reports.

She wrote in a two-page letter that the payment due on Jan. 1, 2011, had been made in December.

‘In accordance with the Trial Payment Letter dated December 15, 2010, it indicates that if you are not able to make each payment in the month in which it is due, you will not be eligible for a modification under the Home Affordable Modification Program,’ the letter said.

Miss Olivera told Bullington she could avoid a foreclosure by selling the home in a short sale or by signing it over to the bank.

The letter said the bank values Bullington’s business and strives to provide exceptional customer service.

‘I understand that you may be disappointed with our final resolution and appreciate the opportunity to clarify this matter,’ Miss Olivera wrote.

‘While this may not be the response you were hoping for, I trust I have addressed your concerns.’

The Bullingtons’ lawyer, Shawn Yesner, said the case makes no sense because his clients did what the bank told them to do.

In ten years as a lawyer, he said, he has never seen such an outrageous letter.

‘I couldn’t believe they would put that in writing,’ he said.

‘I had to read the letter three or four times. Bank of America is putting her in a depressed state. She has never been behind on anything.’

The bank says it is now going to review the Bullingtons’ case.

As thousands of property owners across the U.S. battle foreclosure, defense attorneys have accused lenders of bogging down the courts with an unwillingness to negotiate with people on their mortgages, often by simply refusing to make decisions.

Mrs Bullington, who has no children or siblings, said she is the sole caregiver for her ill husband, who cannot move from the home in his condition.

She said she has repeatedly contacted the bank, but nobody will talk to her.

Mrs Bullington said: ‘I just don’t understand why they’re doing this. It looks like they’re out to get us.’

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