Taylor Bean & Whitaker Bankruptcy: Who is Representing the People?

When mortgage company Taylor Bean & Whitaker (TBW) filed bankruptcy in August, a lot of everyday people were left in a lurch. Some didn’t know to whom they should send their mortgage payment. Some, like me, received escrow refund checks that bounced. Some found out the hard way that their property taxes hadn’t been paid from their escrow accounts. And some were left with two mortgages on the same property.

As if that weren’t bad enough, a few days ago I received this comment by Lucy on one of one of my older posts:

I got my annual free credit report and TBW reported me late for Sept, even though my payment sat in their facility for weeks without being processed because of their limited staff and besides countless assurances they would not be reporting anyone late. I called and they are correcting it, however just wanted to let everyone know they should check their reports, just in case!

So now, in addition to being out sometimes thousands of dollars, we need to worry about our credit being hurt? Because let’s face it. TBW hasn’t exactly been honest up to this point. They say they will fix the credit report problem, but I’m not going to believe it until I see it.

This whole situation makes me angry, and it’s time someone stood up for the people who have done nothing wrong – people who paid their mortgages on time every month are now being given the runaround everywhere they turn. And nobody seems willing to help.

As of right now there are 325 comments on my post about my bounced escrow refund check in September. In addition, there are 156 comments on my non-update in October. It has been 4 months, and most former TBW clients are just as confused as ever.

What We Know

Currently, the Taylor Bean & Whitaker bankruptcy is being handled by the BMC Group in Florida.

The Honorable Jerry A. Funk is presiding over the case.

Escrow refunds have not been released.

The next hearing is January 22.

What We’ve Heard

From my call to TBW: The escrow money is there, and we will get it back. TBW is just waiting for the judge to release the funds. They’re being released in stages.

From a call by reader Armando to Tiffany at the FDIC: TBW should be finished reconciling their accounts, and should have supplied the information to the bankruptcy court. A ruling will be made this spring as to whether or not they’ll release the money.

Did you notice the discrepancy? TBW says we’re getting our money back. The FDIC says maybe/maybe not.

We’ve also heard from various sources that we need to file a claim with the bankruptcy court to get in line for the money owed us. But we have not been told what to put on the claim form.

The following is a good example of the questions we have, but have no answers to, in this process. Jennifer commented,

I just spoke with Sheila, I think that is her name, in the debtor’s attorney’s office. She told me to file a proof of claim for this money (I am one of those that is owed escrow, but never was issued a check) and that another motion was going in front of the judge on January 22nd. I asked about getting our money back, more looking for a when than an if, and she could not give me a straight answer. So then I asked her if I would get my money back and she still did not give a straight answer. I am beyond nervous at this point…

…When filling it out, I did not know what to put in for the secured credit part. They ask what you are secured by. This is where it gets a little cloudy. This money is ours, it is not owed to us for services; they were holding it in trust, so I do not know what to put down as to what we are secured by.
I am slightly uncomfortable filing a claim as a creditor because I believe we are not creditors. It is our money. We should be given our money before operating costs, before payroll, before everything. They should be sending back the money that is not theirs, but was being held in trust for us.
Is there anybody who is looking out for the consumer in a case like this? You know… a court appointed somebody. I mean, how do we know our case is being represented correctly?I know the other major creditors have attorneys and I just hope someone is looking out for us. Anybody have any ideas on this?

I wish I had the answers. My questions are the same a Jennifer’s. Are we creditors? Or are we under different rules, because escrow monies do not belong to TBW?

What We Don’t Know

The biggest problem here is that we, the innocent people who got caught up in this mess, don’t know where to go for accurate information. The FDIC, TBW, our mortgage brokers, and even the courthouse offices give us conflicting information.

We watch for news reports, but the few reports out there only highlight the problems, which we know all too well. There seem to be no solutions. Quite frankly, that’s not OK with me.

While we spend hours on the phone and on websites, trying to figure out the next steps we need to take, TBW and their creditors no doubt, have expensive lawyers lobbying on their behalf. Does anyone else see the problem here?

My Mission and How You Can Help

I’ve told you already that I’m angry. I’m angry because I’ve been wronged in this situation. I’m angry because I have read every single comment posted on this subject, and it’s heartbreaking that so many people are without their hard earned money and without answers as how to best proceed to get that money back.

For those who are in this mess with me, contact your congressmen. For those who read this site and would like to help, please promote this article. I would love to see this issue get in front of eyes that have the power to do something, whether that be a government official or someone with media clout. Maybe a little coordinated public pressure will get us some answers.

I’ve never been one to go down without a fight. My biggest fear is that when the final court judgment comes in, it is we who have the most to lose that will receive the least.

Photo by walknboston.


By , on Jan 14, 2010
Lynnae McCoy I'm Lynnae, wife of one and stay-at-home mom of two. I'm committed to getting out of debt by being frugal with my choices in life.


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  1. jesse:

    did anyone recieve a letter from an attorney from arizona saying that you had to be out by a certain date? if so who is this attorney and why them instead of an answer on a loan modification.

  2. Megan C.:

    Has anyone that filed a claim against TBW received a W9 from BMC group? I got something that says I have to fill out a W9 to receive my share if any and return it by sept 30.

    • kimberly c:

      I received a w-9 yesterday from bmc group. I am trying to understand all the lingo. So, we probably wont get what is owed to us but might get a portion? Is that right? and do we know what was approved yet????

      • Megan C.:

        I can’t understand all the lingo either. I actually did get my money from BOA. But they keep sending me this stuff. I do feel like I should get something though still because of all the STRESS that they caused and the 300 dollar increase in monthly payments, etc. but I don’t know if it is legal. I did file the claim though when I thought there was no hope of ever getting my money back. I think if we get anything it will be small.

  3. Rory:

    Hi, I was just wondering, has anyone ever received any money back from TBW? We had automatic payments to them while my husband was deployed and were never notified that our mortgage lender was changing to B of A. We have 3 months of mortgage payments that they accepted but were never applied to our mortgage, plus obviously we lost the money in our escrow acct. I just don’t even know who to contact or get any information from, unfortunately B of A continues to keep us in default because technically we’re 3 months behind since TBW accepted those funds… are we ever gonna see that money?

  4. Rebecca:

    the situation i am in is totally different than all of yours. i am dealing with a fraudulent loan and supposedly B of A has taken over my Debt. There is a lawsuit against them for purchasing fraudulent loans and have already lost in several states. is ANYONE having the same issue and what r u doing to resolve it?we are trying to get the loan documents from them and they can NOT provide them to me. what do i do?

  5. Jennifer:

    My family is in the same situations. We received an escrow check for $1028.05, from TBW and it bounced! Leaving our checking account over drawn and now we owe money to US Bank which just keeps growing and growing. My family had no money at all for 2 weeks, until my husband and I got pay checks, and then we had to open a new bank account. Now BofA is threatening foreclosure saying we are 2 payments behind, we have NEVER missed a mortgage payment! I like all of you don’t know what to do.. I waiver between angry and sad, our credit is horrible right now, mortgage shows behind, us bank account horribly overdrawn, and why because we pay our mortgage payment every month and on time! Thank you TBW of putting the icing on the American dream for my family!

  6. Lesley:

    Is there anyone who has gotten closure with all of this crap with taylor bean and whitaker AND BOA?????

  7. KG:

    I like so may others have had the run around with BofA. I recently talked to 3 people at BofA who gave me different stories, not one could figure out what was going on? Seems to be the case in every situation.. What I did find out is that BofA was accepting payments on the account but taking double the amount for the escrow account, making up for what was not forwarded by TBW leaving most everyone 2 months if not more behind. It’s an Unfair busness practice! I call evrey month to complain but get the same ol’e story (were very sorry) would you like to make a payment today? kiss mine! I had residual money in my account that no one ever told me about, This money was sitting there and not being used towards any future payment, Now you have late payments and Fee’s. Most every one is not behind in payment if BofA would look at the records? An Audit team was supposed have this researched and taken care of before BofA ever started to service these loans, Guess they used TBW auditors? Our Great Government Is who created this situation and I feel anyone who had an account with TBW should be forgiven since it was there actions that has brought us here! Yes, Greed got them into Trouble but We shouln’t have to pay the price for others actions!
    BofA is still under investigation for their Handling of these issues as well as loan practice’s and were on the verg of being shut down themselves. (I’m all for It)
    FHA does have a complaint form, which may or may not do any good at this point? Just keep the Complaints going!



  9. Susan:

    I have been reading all of these posts and it just makes me sick. I am a former employee for TBW and my mortgage was also with them. Our loan was transferred to Cenlar, who would not do anything and then lied about the loan mod’s. As I explained to the oh so helpful Cenlar person on the phone, what they were telling me was incorrect as I have been an underwriter in the mortgage industry for over 20 years. They quickly changed their tune. They couldnt help me because the only thing they could do was service the loan- which basically means- they are a payment processing center. From the research I was able to find, Cenlar is where all the current paying conventional loans went and BOA is where all the Gov’t loans went. Not sure but thats what I could find out. They said they would try to help and for me to send in all the paperwork for the modification, we did that, they claimed they never got it, even though I had proof that they got it, then they stated that it must have gotten lost somewhere in their office, blah, blah, blah… I was pisssed! The only thing I could do at this point was to stop paying. It really sucks that the only thing that can get you help is to quit paying them. I was told that it was the only way that we could get help. This was hard for us because first of all I have lost my job, secound i’m trying to look for a new job and we are talking about trashing my credit, which will keep me from getting a job in the banking industry! I have been working in a banking industry for over 35 years and like I said an underwriter for over 20 years, our credit is typically pulled as well as a background check prior to a employment offer, this is done for compliance issues. What this really means in a nut shell is: can this person be trusted, do they that care of there own debts a credit report does tell you the type of person you are based on what is listed. With this being said, If you want a job in this industry you must take care of your own personal business. They (banks/lenders) usually do not want the risk of someone that has crappy credit because they think that it can lead to fraudulent issues ie: kickbacks, pushing loans through, sloppy verifications,…. It is no different than 3rd party paper(family to family) or someone who has a vested interest in the loan going through. So with this long winded post, I stoped paying my loan because I still did not have a job. After a few months of not making payments the loan was finally transfered to an actual “lender” Ocwen- not the most helpful at the time- but at least they can do a loan modification. They tried to use a lot of mortgage lingo-(I knew what they were talking about) however for the regular consumer- It can be a nightmare. After a painful few more months, the modification was approved. They (lender/freddie-mac) extended the term, lowered the rate, which “really” made the payment lower, but they did the math- If I was willing to stay in the home even though we are upside down, it was in their best interest to do something because they didnt want another house that was going to be forclosed on, and we have no problem at this point as a means to protect ourselves filing a BK. As a homeowner I was not going to just let the house go unless they wouldnt do a modification. I hate to say it, but we were at the point that if they wouldnt do it they could keep the house and stick it up where the sun doesnt shine.
    I hear what you have all been saying it does suck for you and for the ex-employees who also didnt get paid for their work, didnt get the earned vacation time and our health insurance was cancelled 2 weeks before and no one knew it,. Yes it sucks for all of us involved. Just keep trying to get it resolved.
    Just remember:
    The people that caused this are getting what they deserve. Karma is a _itch!!!



  10. Robert J.:

    Two years ago, I refinanced my TB&W loan just a couple months before their fraud was exposed. While my loan was being refinanced, an electronic payment was applied to my paid off loan as I forgot to stop the electronic payment. So, an extra $850.00 is sitting somewhere within the bowels of TB&W, Cenlar, FDIC, OCC, BofA, et al. I was instructed by Cenlar to send supporting documentation of the overpayment. I faxed it to them in July of last year and then again in August. To this date, the documentation has never been acknowledged by anyone.

    Today I called “Customer Service” at Cenlar to followup after 8 months of no news. The Customer Rep told me that because my $850 overpayment concerned the refinanced loan that she thought I had to contact FDIC and the Bankruptcy Trustee about my refund. When I asked her for contact information she said she would check with someone else and get back to me. After a 10 minute wait on the phone I finally hung up.

    Does anyone have access to a Bankruptcy Claim form that they would be willing to email to me? I would appreciate it. Oh, by the way, I sold the house in question in May of 2010. So, I do not have to deal with these incompetent idiots any longer. Just want my $850 returned!!!

    • Kevin R:

      Your situation is exactly what happened to me. I paid a mortgage payment for August of 2009 at the same time that I refinanced my mortgage and was supposed to get a refund of approximately 2K since my Aug payment was included in the payoff. Instead of the refund, I got hit with another mortgage from B of A and the threat of foreclosure, even though I was now paying a mortgage to Met Life Home Loans. It took close to a year before I was able to clean that mess up by getting a judge to tell B of A to back off. B of A didn’t leave me alone completely until they received the payoff from TBW which was in a frozen account for close to a year. So would you have any information on how I can track this refund payment down? I’d appreciate any info you might have.



  12. Amy:

    I just found this site. I can not believe how many people TBW has screwed over including myself. Know of my paperwork was processed correctly so I can not refi thru a different company other than BOA. Anybody else have this problem and if so did you get it corrected and how?

  13. Jason Y.:

    I was just wondering if anyone has heard how long C.E.N.L.A.R. will be not charging late fees or reporting to creditors. I am late one month with them which was Oct. 09. I never received a payment coupon but i did receive a letter that month. Dumb me took that as a put to the back of the loan letter. I know they are still not reporting or charging late fees for now but i need to know. When i talk to them they don’t care all they do is take the payment and good bye. So any help is greatly appreciated

  14. Hank:

    I went thru the same mess with TBW never recieved a letter saying BOA was now my mortage holder until I got a letter saying I was two months behind which is strange to me because I am retired military and it gets deducted from my pension every month. I called BOA asked if they got the wrong person they told me TBW is no longer in business and n ot to worry my credit score is not affected because of TBW and they are not reporting it as late. To my surprise I was told I cannot make a change to have the money deducted and sent over to BOA because of the TBW investigation. So every month I had to call and make a phone payment costing me 20.00 per month this started in Sep 09. I was told by BOA they are not able to stop letters and phone calls because the VA told them they have to do this by law. This went on till Nov 10 when the customer service rep told me BOA has recieved funds and my two payments would be coming in 30 days. What came in was a forclosure letter instead so I had to pay the two payments plus current plus fees total 7630 this was paid when Im confirmed they recieved the money via Western Union which they wanted it done by I was told they recieved two past payments. So now they tell me my next payment is not till 07/11. I dont trust them and armed and ready with an attorney I never played the race card but this might be the only option I have. If anybody knows if there is a class action lawsuit I want in and can help out for fees. God bless all of you who have gone thru this.

  15. Max Herr:

    Well, as a former TBW client, I can at least say that I have not experienced any of the dreadful problems most other have posted. My mortgage was originated by HMS Capital (also out of business) and quickly transferred for servicing to TBW in early 2008. Fortunately, my loan does not require an impound account for taxes or insurance — I pay those myself.

    But I have been caught up in the bursting of the real estate bubble, and I cannot find an answer to my dilemma. We borrowed for the purpose of doing a major home remodel. Our intent was to refinance once construction was complete, figuring that the increased value would allow us to obtain a lower interest rate or shorter term financing at about the same monthly cost. By the time we completed construction in late 2008, the bubble had burst and our home appraised for less than the outstanding mortgage balance (mostly because there are no comparable properties, given the nature of the upgrades we have made.)

    Then the rest of the financial sector melt-down occurred, sweeping TBW into the abyss. My condolences to those who are stuck with BofA. I was fortunate to have been transferred to Cenlar, and did not miss a payment because I pay online, and discovered the TBW problem at the same time it was occurring — I could not get online to post a payment, and was able to get a phone call in to TBW and learn that Cenlar would be servicing my loan.

    Cenlar has been OK. They are neither charging late fees nor reporting late payments to any credit bureaus. But they are also clueless when it comes to loan modifications. “We don’t do those. We only service loans,” is what I have been told on two different occasions. “You need to discuss that with your lender.”

    And that’s my problem. As far as I can tell, I have no lender to discuss this with. I don’t know who gets the money I pay to Cenlar. I don’t know if Cenlar would even know if I stopped making my mortgage payments, let alone anyone else.

    With all the <4% mortgage financing offers floating around these days, it would be great to get one. But with a property value of $350,000 and a mortgage balance of $355,000, I'm not a candidate — obviously not even close to the required 80% LTV at 101%. But I cannot even turn to anyone to see about getting a reduction of principal, or an offer to refinance at anything less than the 6.5% I have.

    Does anyone know who I would turn to to discuss/negotiate this?? Cenlar is no help.

  16. Jessica derr:

    I’m in same boat, back in sept.09 BOA said to send them bank statement showing I made the payment. I faxed it to them twice and I called too many times. They never called me back. Then when I heard TBW won their case, I called BOA again, they told me, they (TBW) were sending out payments in spring last year, still I got nothing.

  17. Adam:

    I am a wounded disabled paratrooper. While stationed in Afghanistan and later Germany, my mortgage was sold to BOA. Without my knowledge “TBW nor BOA deemed it necessary to inform me of this.” It gets MUCH BETTER! The Broker and under-writer for TBW who set up my mortgage didnt put full escrow on my FHA loan. <– Im a solder not a fianance major. So I didnt know it was a federal law to not have FULL ESCROW and INSURANCE under an FHA loan. Soooo….. BOA gets a hold of my loan and see's this and after a few months corrects TBW Fraudulent mistake there for jacking my "FIXED" mortgage UP several hundred dollars and keep in mind I had no clue BOA even took over my loan for several more months. So my payments went where??? + I thought my mortgage payments were the fixed payments. YOU CAN IMAGINE WHAT THIS HAS DONE TO MY CREDIT… Lets just say it was just below perfect and dropped way…….. below "BIG RISK." Any lawyers out there? What do I do?

  18. Greg:

    I need to read all of the posts. I have been entangled in a major nightmare since August 2009. I made my regaular mortgage payment as always. Four or five days later I get a notice from Bank of America that they now had posession of my loan and payments should be made to them under an account number. I started doing so in Sept. 09. I received a late notice at the end of Sept. saying I was late. I immediately called to explain their error (Bank of America). The person on the phone told me it was most likely an issue with the setting up of t he BofA account and not worry. I made my October Payment and received another late notice. I again contacted BofA and provided them a copy of my online statement from my bank showing the payment. I was told everything was fine, not to worry and so on.

    A week later I get a check from TBW for my escrow over payemnt whch we deposited and it promptly bounced and I was charged by my credit union for it.

    The situation of the missing payment, which BofA said was amongst the millions frozen by the gov’t and they were aware of was the cause of the problem… Collection calls, and letters came almost every other day and continued. My mortgage statement showed me late every month and the fees kept acculumating. I sent Bof A the proof that the payment was made no fewer than six times to date.

    After screaming and threatening the people on the phone at BofA, I got them to send me a letter saying this was their internal error, it was not my fault, that no action would be taken and they would not report me to the credit bureaus etc… I received the letter 04/29/10/. Not more than a week later, BofA reported me to the credit bureaus and my credit score went from 760 plummetting into the low 600s, my credit cards and credit lines were cut, interest rates were increased causinfg further damage. I allowed BofA to contact my bank directly and they said the problem was solved promised to repair my credit rating and contact my creditors to explain their error and assist me in regaining my credit lines.
    Many of them declined to restore my accounts. Damage done. I am in business. The state in which I am licensed uses my personal credit rating to evaluate me and give me a rating, needless to say the credit reporting has affected that rating.
    I continued to battle with BofA. In January I went into another battle. This time I was assured the problem was near resolution and the money from TBW was released but in a lump sum and BofA was trying to figure out where all the money was supposed to go. I was told not to worry that there would be no false reports to the credit bureaus, my account and this situation would be turned over to a specialist and I would be contacted within the week. What occured was BofA again reported me to the credit bureaus, and once again my credit lines got slashed and my interest rates which once were avg. of 8% are now hovering around 20%.

  19. I sure hope you guys got reimbursed for your escrow. I was wondering if anyone had a suggestion as to who/what office I could call to see when my Aug. 2009 payment made to Taylor Bean and Whitaker was transferred to our current mortgage servicing company Ocwen.

    I believe I have caught them adding it to our account, then subtracting it, and accusing we’ve been one month behind ever since. I have spent the last few weeks studying the various statements they have sent, and I believe I’m on to something.

    If I weren’t living this nightmare, I would never believe it! SURELY… I’m hoping… for the love of God, you all got your money back.

    • Greg:

      And by the way, my escrow re-imbursement check which initially bounced is gone and BofA is saying they can’t do anything about it. Even though I sent them a copy of the actual bounced check.

  20. Ryan:

    I am still waiting on a refund Chec k for my escrow from taylor bean also. Has anyone received money from them? My note has been sold twice since then and my payment went up to recover from the shortage of escrow 300$ a month. Somebody needs to do something about this….I also had to pay my taxes and insurance out of pocket and haven’t been reimbursed. My new mortgage company Ocwen say they don’t know anything about Taylor bean or it’s customers, how is that possible? If anybody can help please let me know. Thanks

  21. Lesley:

    At this very moment I am irked big time. I sent a payment to BOA over two weeks ago and it has still not gone through my bank!!! Usually , its only a few days after I send it in that it goes through.
    Interesting to say the least. While I know the entire US has been dealing with bad weather off and on for the last two weeks–it only has to go to Texas, so they should have gotten it by now.
    How are you suppose to know if you are getting escrow money back from TBW??
    I will say it till I can ‘t say it anymore–what are they going to do to make up for all the grief and heartache they have caused so many people?

  22. Deborah Moses:

    I am wondering after all this time if others are still having issues with BOA/TB&W. The months they got paid somehow seems to be in cyberspace and still wrapped up in government red tape. Has anyone started a class action suit? Please help me. Deb

    • Greg:

      I am and preparing to go to war. David v Goliath…
      They ruined my credit after sending me letters to the contrary… I.E. they lied. Tis was over one month’s payment that I sent proof of three different ways on 7 different occassions. I just received a letter of apology saying my account has been credited and they are sorry for destroying my credit.

  23. Lesley:

    We FINALLY got a notice from tbw and boa that showed the tbw account that was refinanced was closed and that our account was credited accordingly. However, b/c of all of the CRAP with TBW to begin with–and not knowing where our money would go…it goes back to the fact that our first payment that was suppose to be due Sept. 1,2009, was not mailed until December 09–B/C WE DIDNT KNOW WHAT TO DO SINCE TBW HAD BEEN SHUT DOWN.
    So…now that they seem to be slowly getting their heads out…where does that leave us and the others who did the same thing we did and didn’t send those first few payments in? Im telling you, EVERY SINGLE PERSON THAT WAS AFFECTED BY TBW should be compensated in some way for all the stress, grief and heartache we have all put up with. If nothing else, then our ‘current’ home loans that boa has, that they took over from tbw, should be considered caught up and we should all be given a fresh start. Fresh start…amazing..those two words are what led us to refinance to begin with. And that was all thanks to the ‘stimulus’ offer that the president came up with. And here we are..no further head than we were before we refinanced. Back in the same freakin boat all b/c someone with TBW had their heads up their asses and got themselves shut down. We have put up with crap for way too long in all of this mess. TBW needs to be held accountable for what they did to so many people and their homes.

  24. dionisia:

    i am so upset and frustrated with this. its my money that was in escrow and i want it now!! can we call problem solvers on one of the news stations they have contacts and i think they can help.

    • KellyD:

      I have emailed NBC, CBS, and ABC, I emailed Oprah & Ellen, I do this every few weeks to let them know what TB&W has done to me and so many more. I am still owed about $3200 from my escrow account and b/c of it my current mortgage company hasn’t had the funds for the property taxes & they keep raising my payment, @ TB&W it was $1500 and now it’s over $2500 – Can barely afford it!!! I don’t know what else to do and where to go!

  25. no_TBW:

    Sorry to hear people are still being screwed over by TBW.

    We are out of the woods. Been paying monthly to a new mortgage company (Cenlar) since late November.

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