West Haven Couple Standing Ground in Mortgage Modification Dispute

Online, July 24, 2012 (Newswire.com) - Bank of America is trying to silence a couple of outspoken borrowers, but they are having nothing of it.

George and Ronni Mandell of West Haven are refusing to sign a mortgage modification deal with the bank that includes a gag order prohibiting them from discussing the agreement or the 18 month negotiation process with members of the media. The deadline for them to sign the deal passed on Monday, June 25. Bank of America gave them until July 6 to reconsider, which they also refused.

The Mandells were also dissatisfied with the terms of the modification itself, which they claim is "meager" given the "undue stress and mental anguish they've endured."

"If they're gonna make an offer, let it be for real, not just an insincere token of their charity to [the] homeowner by throwing them a bone," George said.

George believes that the confidentiality provision of Bank of America's proposed agreement was added in retaliation for a series of press releases he sent to various news outlets, real estate websites detailing the bank's tactics throughout the process.

Bank of America's gag order bars the Mandells from publishing or discussing anything pertaining to the negotiation process or agreement with any outside parties. A non-disparagement and dissemination of private information section of the agreement prohibits the couple from "directly or indirectly, in public or in private, defame, criticize, disparage or discredit Bank of America or any of its parents, subsidiaries or affiliates or any officer, director or employee of Bank of America or of any of its parents, subsidiaries or affiliates."

"They are holding this modification ransom and I won't stand for it anymore," Ronni Mandell wrote in an email to Connecticut Assistant Attorney Generals Peter Huntsman, Thomas Clifford, and Yinxia Long.

The Mandells were also told that under the agreement, Bank of America can arbitrarily adjust or terminate their loan at any time, and that they would have to waive their right to hire an attorney to assist them in such a situation, George said.

The proposed deal came at the end of 18 months of communication between the Mandells and Bank of America, during which the couples' lenders used harassment tactics in an effort to discredit and intimidate them.

"We've talked to what feels like a hundred customer service reps," George said. "Every time we turn around we're talking to someone different, and it's back to square one again. It's done to make the homeowner crazy and frustrated."

The Mandells were advised by Bank of America to allow their loan to become past due because doing so would help them get into the Home Affordable Modification Program, (HAMP)-which would have allowed them to adjust their loan in order to avoid foreclosure. Throughout the period between January and May of 2011, however, the couple was denied a modification on two attempts including two follow-up appeals on each attempt, which were also overturned.

The Mandells received a visit from the police six days after a September 14, 2011 phone conversation with a representative from PMI Financial, a third party that insures the bank for default.

"They proceeded to pull me aside and ask if I was in danger," Ronni wrote in the email to the assistant attorney generals. "The lead officer said, 'has your husband threatened to kill you?'"

Police records showed that a call to the police was made by Bank of America security department on the 20th, due to a report of a death threat. The perceived threat was reported to Bank of America by the PMI representative on the 16th. In the September 14 phone conversation, George had told the representative that they were not giving up and that they would "fight to the death" to get a modification.

"I said we're gonna fight to the death but that doesn't mean we're gonna kill each other," George said.

The Mandells didn't hear from anyone for several months as the bank was supposedly working on a request from the borrower for QWR information. On January 9th, 2012, George received a telephone call from a Lisa Roemmich of Bank of America. She said she wanted to go over the 47 issues that the Mandells had requested. She proceeded to say that the very first issue is that "Bank of America has determined that you were planning to kill your wife." George became livid and she hung up.

Several days later, they received a letter confirming those issues, but the allegation that he was planning to kill his wife was missing. As a result of stress caused by the bank's accusation, George suffered a retinal hemorrhage in his left eye, which is now a "lazy eye" that drifts to the left and vision has been reduced.

Ronni also received a package from Amazon.com containing a stress relief book on March 22, 2011. A card on the package said that she had sent it to herself, but the Mandells and a detective they have hired suspect that it was the bank.

"That was designed to add a little grief to my wife," George said. "It was a mind game."

A copy of the Bank of America contract and gag order can be viewed here: http://bankofamericaslavecontract.weebly.com/

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