So you've had some problems that made it difficult or impossible for you to pay your mortgage. Now you want to get a loan modification so the monthly payment is reduced to an affordable level and the threat of foreclosure goes away. But how do you go about applying... and will your lender support you?
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.
If your loan modification has been denied, be assured: you're not the first person to experience denial, and you certainly won't be the last. Loan modifications may be one of the hardest things to get approved without an experienced attorney's assistance. After denial, your next step depends on the reason why you were denied and where your home is in the foreclosure process.
Remember 2005? 2006? Remember the commercials on TV, and radio and everywhere telling you about the “cash rewards” and “cash out” refinances? So many Americans took advantage of these programs. Business was great, real estate was better.
Our client Dale, like thousands of other Americans, took advantage of one of these programs, and received cash out of his mortgage (and a 9.75% interest rate!) when he refinanced with Countrywide. In 2008, the Bank of America/Countrywide merger meant that Dale now had to deal with Bank of America.
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.
Learn How the Fair Debt Collection Practices Act Protects You From Harassment by Debt Collectors
Mortgage lenders and other debt collectors are well-known for harassing people with consistent, annoying phone calls and threatening messages. Most people don't know that there are laws in place to protect them from these phone calls. The Fair Debt Collection Practices Act (hereinafter referred to as “FDCPA") limits the timing and recurrence of phone calls from creditors, and also gives consumers the ability to opt out of debt collection calls with a simple cease-and-desist letter. It's disappointing that more people don't take advantage of these consumer protection laws.
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.”
Since 2009, there has been a lot of bad press about Bank of America's loan modification problems, featuring a near-continuous stream of frustrated homeowners who are mired in delays and lost paperwork. Many homeowners jumped through hoops and waited years for loan modification decisions, only to find out that they were not eligible for modification. Some still await their outcome while trapped in the cycle of lost paperwork, misapplied or misplaced payments, and a shuffle of Bank of America loan modification staff.
