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In Nov 2012 we were sued by a local lawyer for BOA and our in foreclosure this has been since Nov 2012.

 

I have been trying to work with them getting a modification and I keep getting the royal run a round.  They keep telling me that I have not submitted the proper paper work.  This has happened 3 times now.

 

The first person I was dealing with called me one day and told me she was quitting now I have someone else to deal with.

 

The law reads that they must tell me with in 60 days if I get the mod.  It's a game with them.  Send the same paper work to them over and over.  I have a file 2 inches thick. 

 

Is there any legal action I can take against them.  They have even been caught telling homeowners they don't qualify when former employees have said its a lie and they were told to do it.

 

Read here:

 

http://consumerist.com/2013/06/17/former-staffers-bank-of-america-rewarded-us-for-lying-to-homeowners-losing-paperwork-denying-modifications/

 

And this is what they are doing to me.

 

Is there anything I can do?  This is unfair treatment. 

 

Thanks

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My parents finally got one.  They have been trying for 3 years.  What finally worked for them was a chapter 13 BK, with the trustee handling the payments.  They had to make the regular high payment for 3 months through the trustee, then the bank did the modification.  But I think what really got the ball rolling was taking the run around facts of the case to their congressman.  That office called the bank and told them they better start working on it.  They still tried the run around paperwork stuff until the BK, but they were the ones to initiate contact to my parents after the call from the congressman.

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My parents finally got one.  They have been trying for 3 years.  What finally worked for them was a chapter 13 BK, with the trustee handling the payments.  They had to make the regular high payment for 3 months through the trustee, then the bank did the modification.  But I think what really got the ball rolling was taking the run around facts of the case to their congressman.  That office called the bank and told them they better start working on it.  They still tried the run around paperwork stuff until the BK, but they were the ones to initiate contact to my parents after the call from the congressman.

My sister worked a modification with BofA in similar fashion. Her BK filings kept foreclosure at bay, did a payment program thru a trustee. Took about 2 years.

 

BofA is a mess. One hand doesn't know what the other is doing, supposedly. One department is working on your modification while the other one is trying to foreclose. In the meantime your rep gets replaced and you have to refile all the paperwork. I worked mortgage loans with them for just under a year - hated it, their home loans department is a cluster****.

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A little off topic - but =>I have a friend who was trying to do a loan mod on a rental property with BofA.  One person kept telling her - "oh yea, it does not need to be owner occupied to get a loan mod - we have a special program for that".  So she does all this work and gets them TONS of info they requested and then gets an email that the loan mod was denied because the property was not owner occupied - REALLY??!!!  They totally do not know what in the world they are doing.  But really - do they care - the government just keeps giving them money!

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@mopman64 take heart. I was told in writing I didn't qualify because my loan was current and because I was not at imminent risk of default. The next day I got a letter saying our loan has been referred to foreclosure. We filed a class action claim against the law firm representing boa for fdcpa violations and pro-se countered-claimed boa. Our case was filed in July, 2012 and the case hasn't even budged.

 

Illinois has a new rule that recently went into effect that requires servicers to detail the steps that they have taken to determine eligibility for loss mitigation prior to moving for judgment in affidavit. The affidavit can be attacked like all others, and the servicer can have the case dismissed, can be sanctioned, or the motion for judgment can be set aside or denied if the court is not satisfied that the servicer is being honest.

 

I contacted counsel for BoA and told them we could skip the whole pesky discovery process and let them go right for judgment because they know I will eat their crap affidavit alive. But since they have not even attempted to cull my counterclaims that were filed in April, I'm getting ahead of myself.

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Like others have posted, loan mods are a joke. I went through the whole mess over and over. I fought them to the day the judge granted a forcible detainer. They entered the house illegally and disposed of everything that was in it. The cops wouldn't do anything because of the foreclosure. The only silver lining was the modest settlement payment from the "independent foreclosure review" people 3 years later.

The whole mess nearly cost me my marriage because I was hell bent on showing them what's what. If I had it to do over again, I would have started looking for a place to live the day I got the foreclosure notice and then left with whatever wasn't nailed down.

I know we like the fight around here, but this is one of those times when I think it's best to walk away - especially if you live in a "deed of trust" state like Arizona.

Sorry to rain in your parade, but I don't think it helps people to give them hope with the "my neighbor's daughter's friend heard about someone that might have gotten a modification once." Very, very few modifications have been granted and most of them have subsequently defaulted for one reason or another.

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In Nov 2012 we were sued by a local lawyer for BOA and our in foreclosure this has been since Nov 2012.

 

I have been trying to work with them getting a modification and I keep getting the royal run a round.  They keep telling me that I have not submitted the proper paper work.  This has happened 3 times now.

 

The first person I was dealing with called me one day and told me she was quitting now I have someone else to deal with.

 

The law reads that they must tell me with in 60 days if I get the mod.  It's a game with them.  Send the same paper work to them over and over.  I have a file 2 inches thick. 

 

Is there any legal action I can take against them.  They have even been caught telling homeowners they don't qualify when former employees have said its a lie and they were told to do it.

 

Read here:

 

http://consumerist.com/2013/06/17/former-staffers-bank-of-america-rewarded-us-for-lying-to-homeowners-losing-paperwork-denying-modifications/

 

And this is what they are doing to me.

 

Is there anything I can do?  This is unfair treatment. 

 

Thanks

 

BofA initially rejected my HAMP application for the same reason back in November 2010-"Did not submit paper work in a timely manner" or some such nonsense.    Long story short it wasn't true and I was able to prove my case but only after I got the HOPE help team involved.  Two months after the HOPE team took my complaint BofA agreed to a loan mod under HAMP-that was November 2011. 

 

Hang in there-if you can prove that you sent all the requested documents in a timely manner like I was able to do, the HOPE help team may be able to help you out too.  Never give up.  The Hope team did not buy BoA's b.s. and eventually escalated my case to the U.S. Treasury Dept.   Documentation is the name of the game. 

 

Here is their number: 888-995-HOPE

 

Carol-Lynn

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Hang in there! I didn't deal w/ BofA...but I did get a home loan mod and it was seemingly going to take a miracle to do so- I am freelance(income comes in spurts) and

it took over 9 months of dealing w/faxes and 'lost' documents...but it finally worked out! The processor I dealt w/at the bank even said he's never seen such great terms as what I was given.  Just stick w/it and see what you can accomplish- it will take a lot of work though! But you never know! 

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Hang in there! I didn't deal w/ BofA...but I did get a home loan mod and it was seemingly going to take a miracle to do so- I am freelance(income comes in spurts) and

it took over 9 months of dealing w/faxes and 'lost' documents...but it finally worked out! The processor I dealt w/at the bank even said he's never seen such great terms as what I was given. Just stick w/it and see what you can accomplish- it will take a lot of work though! But you never know!

Yes, loan mods happen, but with your "he's never seen..." statement you're confirming that, while it happened to you, it's very unlikely to happen to the vast majority of the masses.

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update as of 8/9/13.  Received letter via Fedex from BOA saying that my current is in their eyes affordable.  That's so nice of them.  I am 20,000 behind due to job lay off and being underemployed.  I was hoping for some help but according to BOA, I don't need any help.  Now the are putting me back in foreclosure for the 20,000 back due.  

 

I told the wife and kids the house is going to be theirs and to get used to the fact that we will be moving back to my mother in law.  Maybe it's for the better.

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Yes, loan mods happen, but with your "he's never seen..." statement you're confirming that, while it happened to you, it's very unlikely to happen to the vast majority of the masses

The loan processor also said a lot of folks get frustrated w/the process and stop jumping through the hoops out of frustration--so I was simply trying to be encouraging by telling MY story.  Unfortunately not everybody will have a happy ending.  Hopefully my story encourages somebody that reads this :) 

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update as of 8/9/13.  Received letter via Fedex from BOA saying that my current is in their eyes affordable.  That's so nice of them.  I am 20,000 behind due to job lay off and being underemployed.  I was hoping for some help but according to BOA, I don't need any help.  Now the are putting me back in foreclosure for the 20,000 back due.  

 

I told the wife and kids the house is going to be theirs and to get used to the fact that we will be moving back to my mother in law.  Maybe it's for the better.

 

Have you tried getting help from New Jersey's HomeKeeper Program Unemployment Mortgage Assistance Program?

https://www.njhomekeeper.com/

 

We have a similar program here in California called KeepYourHomeCaliforia.  This summer I was approved for their Unemployment Mortgage Assistance Program.  They will pay my mortgage for the next year.   In California they put a second lien on your home which is forgiven after three years or if you sell your home before then and there is not enough equity left to pay them back.  Nice deal.  It was easier to get than my HAMP mod I will tell you that.  One of the conditions here in California is that you can not be in the trial phase of a HAMP mod but once the mod goes through you are eligible.

 

Each state has different requirements so check them out.  The biggest hurdle is that you are unemployed through no fault of your own.  We have four different programs including Principal Reduction and a Mortgage Reinstatement Program to bring your mortgage current all of which BofA participates in.

 

Carol-Lynn

 

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