Foreclosure and Loan Modification Blog

Ben Franklin said the only two certainties in life are death and taxes. Certain to happen, sure, but when? Death row inmates aside, we don't know when we'll die. But the day our income taxes are due is known. Normally it's April 15. That's a Sunday this year, so the government has set Monday April 17 as the deadline to file income tax returns.

You have to file income taxes with the federal government every year unless you meet the requirements to be exempt. If you owe money to the IRS and don't pay, they will charge you interest and even pursue criminal charges. Just ask Wesley Snipes, he went to prison for two and a half years over tax issues. 

Divorce stinks. And the emotional cost is only part of the reason why. It also affects the finances of the people involved, usually for the worse. Loans that were taken out as a couple become unaffordable after the split when one person is trying to make the payments on their own.

That's the case for a Florida couple that retained our law firm to help them avoid foreclosure. I'll call them Mr. and Mrs. Kelly to protect their privacy. The Kellys divorced in 2009, but remained on good terms after separating.

Their home was awarded to Mrs. Kelly in the divorce. She tried to keep it, but couldn't afford the payments on her own, and Bank of America filed for foreclosure in 2011.

Mrs. Kelly wanted to find a solution to keep the property, but needed to reinstate the mortgage with a lower payment that was affordable with her income. A loan modification is the only way to achieve that.

As the second largest bank in the United States based on total assets, Bank of America has become a staple in nearly every home. More so, Bank of America has been an integral factor in the financing of millions of mortgages across the U.S. With such a considerable level of relevance in home mortgages, it's easy to assume that BOA is the shining symbol of excellence. However, Bank of America has consistently been amid a whirlwind of mortgage lawsuits and shady practices over the last few years.

Disclaimer: These results should not be taken as a guarantee, as each case is unique. We have helped over 5,000 homeowners, here is one of their stories.

Many of the worst stories that have come from the mortgage crisis involve the casual ineptitude of large banks when it comes to loan modification. Thousands and thousands of foreclosures have resulted from this indiligence, and hundreds of thousands of people have had their lives negatively impacted as a result.

One Such Story

A New York woman approached us about her similar mortgage issues; she had been attempting to get a loan modification from Bank of America, but couldn't get any headway after trying for nearly two years. This homeowner was a single mother who had emerged from bankruptcy just a few years earlier; the last thing she needed was the dark cloud of foreclosure hanging over her head. However, her home could've been foreclosed on at any time; she was over 5 years and $162,000 behind on paying her $2,680 mortgage payment.

Disclaimer: These results should not be taken as a guarantee, as each case is unique. We have helped over 5,000 homeowners, here is one of their stories.

Many of our clients come to us after struggling with paying their mortgage for several years. That was the case with this couple.  Unlike most of our other clients, though, they were nearly 5 years behind on paying their $2,600 monthly mortgage payment. During this half-decade, they had somehow avoided foreclosure, but they knew it wouldn't be too long until their lender, Bank of America, served them foreclosure papers. This couple had already been offered a loan modification once, but could not complete the terms of the offer.

That's when they retained (hired) us in late 2012. We understood the couples' commitment to saving their home, and began to work with them to get a loan modification. In early December 2012, Bank of America denied our initial request for a loan modification, saying that they didn't believe that the couple suffered through enough hardship. By the time January arrived, we were already working to resubmit the couples' loan modification package with more updated information. While we were in the information-gathering process; the husband lost his job; we had to update the couples' information package, and then had to resubmit all their information several times thereafter.

It's no surprise that Bank of America has been taking advantage of homeowners for years. Now that we past the halfway mark of 2013, let's look at a few Bank of America loan modification problems that have come to light this year.

By Alex J. Pearlberg, Esq.

So imagine you are behind in your FHA- backed mortgage, the property is way upside-down and you wish to exercise all of your loss mitigation options. As the homeowner, you have submitted all of the documents required by the servicer on your loan. Bank of America (BOA) and you have been denied for a HAMP loan modification. You have had the property listed for sale for over nine (9) months and have yet to receive an offer at anywhere close to the market value, much less the balance on the loan. BOA has sent numerous letters indicating there may be other alternatives, including a deed in lieu of foreclosure and monetary help in relocating. After thinking long and hard, you have decided to give up your homestead and surrender the property to the lender by way of a deed in lieu. One problem: BOA now indicates that “due to recent changes in FHA guidelines you must submit and proceed through the BOA short sale process and department.”

 Under constant sctrutiny lately, it's no secret that Bank of America took a unique approach to the foreclosure crisis. After acquiring Countrywide Financial in 2008, Bank of America took the easy way out by blaming the new guy. Instead of helping homeowners by lowering rates and extending loans like many mortgage companies have been forced to do over the past few years, Bank of America's foreclosure settlement is designed for Bank of America to take as few loses as possible. With many homeowners around the country finding themselves underwater on their homes, some mortgage lenders realized that loan modifications are cost effective and help people stay in their homes when faced with foreclosure.

Bank of America Only Protects Themselves