"It is upsetting, it is stressful," said Caines. "Sometimes I want to cry, because I work hard for my money. Sometimes you have got to roll with the punches and that is what I do."
After being punched, Darryle Caines is fighting back. He is suing Bank of America for the way he said they mishandled his mortgage.
Caines moved into a home in McCordsville in 2007. He said at first he agreed to a fixed rate of 6.75 percent and monthly payments of almost $1,900. In 2008, he filed Chapter 7 Bankruptcy to protect his credit during a messy divorce.
"I guess she was being so vindictive and trying to ruin my credit, I kind of went through a couple credit issues at the time," said Caines.
Caines filed a request to have his mortgage loan modified. His mortgage rate was changed to just over 4.6 percent and monthly payments were a little more than $2,200.
Caines said he paid on-time, every month, but Bank of America was charging him more than he knew. He said he was shocked when he got a letter from Bank of America saying he was $20,000 behind in payments.
"I was extremely upset," said Caines. "I felt violated, I felt, I do not know, it was a battle every day."
Caines said he tried to get answers, when there were not any he got an attorney.
"I knew there was a case," said attorney Ali Saeed. "There are clear liabilities in there. There are regulatory violations that occur, at the same time federal and state regulatory violations at the same time there are also issues of breach of contract. Certain legal causes of action come to my mind."
Caines said he ran the numbers and BOA had been charging him $700 extra per month.
He said owning a home is the American dream, but making payments to own this home have been a nightmare.
