Foreclosure and Loan Modification Blog

Attorney Demands Bank Proves Reason For Denying Loan Modification

[fa icon="clock-o"] Monday, June 27, 2016 [fa icon="user"] Maxwell Swinney [fa icon="folder-open'] foreclosure process in new york, loan modification denied, loan modification, foreclosure defense, new york foreclosure attorney

Disclaimer: These results should not be taken as a guarantee, as each case is unique. We have helped over 7,000 homeowners, here is one of their stories.

When you're in danger of losing your home to foreclosure, an experienced attorney can help you get the results you want and keep your lender honest.Everybody needs help from professionals sometimes. That's especially true for people trying to save their home from foreclosure. Despite many homeowners best efforts, they're not able to get the results they want on their own because they lack the knowledge and experience needed to do so, and the consequences of failure are unacceptable. So they seek outside help.

That's the case with a recent client of ours who retained us to help them avoid foreclosure. To protect their privacy, let's call this couple the Livelys. The Livelys have a home in Bronx County, New York and they fell behind on their mortgage payments in August of 2013.

Solo Loan Modification Attempt

Since they wanted to keep their home, but didn't have the massive amount of cash ($91,251.00) needed to reinstate their loan, the Livelys applied for a loan modification which, if successful, would have gotten their loan back to normal and eliminated the threat of foreclosure. They submitted an RMA (Request for Modification Assistance) to Ocwen, their mortgage loan servicer.

But like so many homeowners who try applying for a loan modification on their own, the Livelys' application was denied. Fail.

Seeking Help From the Pros

But the Livelys didn't give up. They retained us in February of 2016. We appealed the denial of their loan modification application and started appearing on their behalf at settlement conferences with the bank's attorney and a court appointed referee. (The homeowners had already been to three settlement conferences on their own and had not achieved the results they wanted.)

BNY Mellon, the trustee suing the Livelys, said they were too far delinquent to be given a modification they could afford. The bank claimed their pooling and servicing agreement has a restriction against giving loan modifications to borrowers as delinquent as the Livelys. Our attorney asked that the bank show some proof that such a restriction exists, and if it does, to also prove that it's not possible to get a waiver from the restriction. We also asked for the settlement conference to be adjourned, which it was.

We've been to three settlement conferences for the Livelys and have one more scheduled. As of this writing, the bank has not shown evidence to support their claims about their pooling and servicing agreement.

If, at the next settlement conference, the bank can't prove their claims, a loan modification could be forthcoming or the bank could come up with another reason to deny the application, which we would fight accordingly.

We're forcing the bank to go through all the steps necessary to service a loan in default and to show proof for for each one of its claims.

Now, while we're demanding the bank shows proof that it has a policy against modifying the loans of people in the Lively's situation, they remain in their home and aren't making mortgage payments.

It is possible that the Livelys will not be able to get a loan modification or keep their home. No one can be guaranteed that they can. But, with us representing them, they will have the best odds of getting what they want. We're doing what an attorney is supposed to do, and that's to keep the other side honest and advocate for our client. In the case of the Livelys, although they don't yet have a permanent solution, our efforts are having an effect. Their case is arrested in the settlement process and has not progressed to litigation and foreclosure.

The time an experienced attorney can get for a homeowner can allow them to save a lot of money and be in the best position possible no matter the outcome of their case. And having an attorney on your side gives you the peace of mind of knowing that all options are being pursued to the fullest and that all of your rights are being aggressively asserted. That's something you don't get from trying to navigate the often complex foreclosure process on your own.


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Maxwell Swinney

Written by Maxwell Swinney

About this Blog

Amerihope Alliance Legal Services is a leading loan modification and foreclosure defense law firm with attorneys licensed in 5 states. We have helped over 7,000 homeowners fight back and keep their homes.

Click to Read Our Super Loan Mod Success Stories

Our goal is to provide valuable information to help homeowners who are trying to obtain a loan modification or to stop foreclosure. You may schedule a free consultation at any time.

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