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Category: Legal
Satisfied Customers: 53569
Experience:  Licensed attorney helping individuals and businesses
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In fall 2008, we applied for the mha government program (making

Customer Question

In fall 2008, we applied for the mha government program (making home affordable). Didn't find out until this March tht we were qualified, after having been told we were not. We made the 4 required on time modifed payments and were told we would be notified within 90 days of final approval. Since that time, we have been told 2-3 times we were denied due to required documents not received, and each tme we spend 45 minutes having them look and find we did send them and on time. Appeals keep being rejected erroneously. Early September we received a forclosure letter from Bank of America for faling to pay the full payment 4 months in a row. (apparently their mha department does not communicate with the main mortgage area? We feel jerked around by Bank of America and at the mercy of incompitence, laziness and red tape. Is there a legal remedy?
Submitted: 6 years ago.
Category: Legal
Expert:  INFOLAWYER replied 6 years ago.
Hello and thank you for your question. If lender is not following its own protocol for review and approval and denying the application arbitrarily there are options. One option is to sue for injunctive relief and declaratory judgment to get a court order requiring modification based on their misconduct and rules in place. Another option is a complaint to the state attorney general office. A further option is having a lawyer reach out to lender and negotiate this outcome, raising litigation as an option.

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