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Hi, I am working with Bank of American to keep my home - back

 
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  • Answered by:Attorney2
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  • Positive Feedback: 93.1 %
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Customer Question

Hi, I am working with Bank of American to keep my home - back in April of 2011 received a mod reduced my payment by almost $200.00 - paid payments for 7 to 8 months and lost my job again - I am in the trades and very bad for years - I do have a new job and it's stable and good - in march I was behind in my mortgage and bank of america offered me a modification - filled out all the papers and faxed - again and again - received letter stating it could take 30 days for an answer - called and called than in june I called and the lady in charge of my loan said a Fed X was sent on june 14 with a trail payment - called on the 29th of June nothing has come - she said don't worry you are getting a trail payment - Thank on Fri the 13th - she said she would talk to her manager and get back to me - Now she is telling me because of the first Mod and 12 payments were not made the mod is not happening - Do I have a case to sue for Fraud - Telling me I had a trail payment coming and than not. There is more to this but these are the details - please advise

 

Optional Information:
Country relating to Question: United States
State (if USA): Illinois

Already Tried:
Just what I said calling them and refaxing info they need etc.

Submitted: 312 days and 20 hours ago.
Category: Real Estate Law
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  Attorney2 replied312 days and 19 hours ago.


Attorney2 :

What is a trail payment?

Customer :

It is a smaller payment than your mortgage payment while they are going through your paperwork to do a modification

Attorney2 :

are you on with me?

Customer :

yes I am

Attorney2 :

Is it trial or trail

Customer :

trial not trail

Attorney2 :

It appears we are having technical difficulties

Customer :

like how?

Attorney2 :

You keep leaving the chat

Attorney2 :

Do you mean a trial payment?

Customer :

yes a trial perod plan

Customer :

I'm never left

Customer :

sorry I never left right here and waiting for an answer

Customer :

do you understand my question

Attorney2 :

Customer has stepped out of this chat.
4:20 PM
Customer has entered this chat!
4:20 PM
Customer has stepped out of this chat.
Customer says:

Attorney2 :

Can you what I posted

Customer :

yes and I haven't left lol

Attorney2 :

I need to know if you are asking about "trial"

Customer :

do I need to hit rely

Attorney2 :

Oh my goodness

Attorney2 :

They can still deny even after the trial period

Customer :

no I am asking if I have a leg to stand on because they are stringing me along and now say no mod because of the first mod???????????????

Customer :

I know that

Customer :

you didn't read my question fully

Attorney2 :

Do I have a case to sue for Fraud - Telling me I had a trail payment coming and than not. There is more to this but these are the details - please advise

Customer :

I already had a mod in 2011 and than lost my job again and got behind

Attorney2 :

I see that

Customer :

yes the girl I was working with told me a trial payment plan was fed xed on the 15th of june and not to worry

Customer :

than again on the 29th said was sending it again never came

Attorney2 :

You are saying that because you never got the fed ex to make payments is this fraud because they are denying you?

Customer :

than on the 13th of july told me because of the first mod and not 12 months payment were made a mod wasn't possible after telling me in March it was and now do I have a leg to stand on

Customer :

yes out right lied to me

Attorney2 :

I see what you are saying and these trial periods are are considered a huge scam because 94% of the people that apply get denied one way pr another

Customer :

how could they not know that in March and made me go through all the paperwork etc again and than saying because of the first mod - they lied from the beginning and they hold the mortgage they should know whats good or not

Customer :

we were not denied the first time but only lower the payment by about 200 dollars and than lost job again so stressed out

Attorney2 :

I saw that. But this time you did not receives the docs and were denied

Attorney2 :

Typical BOA

Customer :

no told me the docs were coming they out right lied to me

Customer :

yes I want to sue

Attorney2 :

I can give you info to file a complaint

Customer :

worked with only one person so have her name and contact info and all conversations are taped

Attorney2 :

Do you have the $$ to sue or would you rather see if some free options will get some action?

Attorney2 :

You would not believe how many people never receive the trial docs

Customer :

will try anything and will have the money when I start getting paid just started job July 2nd and was so excited about the trial payment plan

Attorney2 :

You would not believe how many people never receive the trial docs

Attorney2 :

I know and I really understand

Customer :

I could believe that but they are getting lied to and that is not righ

Customer :

what are the free options?

Customer :

I already sent an email to all the execs at BOA which will probably do nothing but what else can I do

Attorney2 :

File a complaint with the Illinois Attorney General http://illinoisattorneygeneral.gov/consumers/conscomp.pdf

Customer :

I will do anything to keep my home

Attorney2 :

I know

Attorney2 :

File a complaint with the Illinois Attorney General http://illinoisattorneygeneral.gov/consumers/conscomp.pdf

Customer :

okay will do that and what else

Attorney2 :

File a complaint with HUD

Attorney2 :

Let me get you the link

Customer :

ok

Attorney2 :

http://www.occ.gov/news-issuances/consumer-advisories/2008/consumer-advisory-2008-1.html

Customer :

is it just www.ooc.gov/new-issuance or do I need all of the 2008 stuff????????????

Attorney2 :

http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sfh/pred

Attorney2 :

Once you file they will let you know what they need.

Customer :

ok got em but I will speak with an attorney here in Illinois tomorrow to see if I have a leg to stand on because of the lies

Attorney2 :

Bank of America also violated a promise, made by BoA to the federal government as a condition of getting $45 billion from the federal bank bailout, to help borrowers get into HAMP, when the bank was actually pushing borrowing to accept non-HAMP loans at worse rates. This conduct, argues Mackler, made “a mockery of a program designed by Congress and the Treasury Department to help millions of struggling American homeowners.”http://www.allgov.com/Controversies/ViewNews/Bank_of_America_Smacked_with_Foreclosure_Fraud_Lawsuits_120311
In another whistleblower case filed in 2009 and unsealed in February 2012, former BoA subsidiary employee Kyle Lagow alleges that Countrywide Financial Corp., now owned by BoA, created a scheme to inflate housing prices by manipulating property appraisals, ultimately leading to more foreclosures. Those inflated prices, the complaint alleges, included thousands of Federal Housing Administration backed loans, the default of which cost the federal government money.

Customer :

bank of am can not keep this stuff out and get away with it

Attorney2 :

ank of America also violated a promise, made by BoA to the federal government as a condition of getting $45 billion from the federal bank bailout, to help borrowers get into HAMP, when the bank was actually pushing borrowing to accept non-HAMP loans at worse rates. This conduct, argues Mackler, made “a mockery of a program designed by Congress and the Treasury Department to help millions of struggling American homeowners.”http://www.allgov.com/Controversies/ViewNews/Bank_of_America_Smacked_with_Foreclosure_Fraud_Lawsuits_120311
In another whistleblower case filed in 2009 and unsealed in February 2012, former BoA subsidiary employee Kyle Lagow alleges that Countrywide Financial Corp., now owned by BoA, created a scheme to inflate housing prices by manipulating property appraisals, ultimately leading to more foreclosures. Those inflated prices, the complaint alleges, included thousands of Federal Housing Administrationbacked loans, the default of which cost the federal government money.

Attorney2 :

If you still want to sue them there is a lot of case law in your favor

Customer :

yes I read so many of the problems with BOA - thats why I want to sue to get my mortgage taken care of - I don't want money I want help

Customer :

you think there is in my favor?

Attorney2 :

I just gave you government finding of fraud, so you bet

Customer :

my major question is even if they have this rule about the first mod not having 12 payments made but never told me that when we started the second mod in march

Customer :

and made me 5 months more behind

Customer :

they lied

Attorney2 :

They can offer you this after the previous modification and still deny you.

Customer :

but didn't deny me they never did anything but lie about the packet that was fed xed and than said something like this was a mistake a bunch of loans got tagged that shouldn't have - omg

Customer :

omg peoples lives they play with

Attorney2 :

I know and I understand that this is beyond upsetting, stressful and crappy

Customer :

she is suppose to call me tomorrow with information - god only knows what that will be

Attorney2 :

Please don't let them get away with it. File a complaint with Lisa Madigan's Office and HUD

Customer :

I send an email with all the details to all execs at boa including the CEO brian moynihan

Attorney2 :

I think they know what is going on

Customer :

I will see what answers if any they have

Attorney2 :

ok

Customer :

they are the worst bank aroung

Attorney2 :

ight

Attorney2 :

oops Right

Customer :

thanksfor your help have a good night

Customer :

you don't happen to be in Illinois do you?

Attorney2 :

If you have more questions tomorrow just request me

Attorney2 :

I have been licensed in Illinois for 24 years

Customer :

will do just ask for Attorney 2

Attorney2 :

yes. BOA took over Countrywide who the worst

Customer :

where in Illinois are you I am in Bloomingdale

Customer :

yes I was with countrywide orgin

Attorney2 :

I know Bloomingdale very well

Customer :

would you take my case?

Attorney2 :

I could have guessed that you were

Attorney2 :

I wish I could because we would win. We are not allowed to do that on this service but I will contuinue to work with you

Customer :

well if I could find out your name I could call your office?

Attorney2 :

If I tell you I am fired

Customer :

oh okay don't want that

Attorney2 :

I will help you

Customer :

I will call the attorney's number tomorrow which someone gave me

Attorney2 :

on this web site I can help

Customer :

but how I need someone to go to court etc

Attorney2 :

I know. There are good attorneys out there

Customer :

I travel for work

Attorney2 :

Make sure it is someone with significant litigation experience

Customer :

when I get the foreclosure I need someone to get it extended

Attorney2 :

Is Andrew Rukavina still in Bloomingdale

Customer :

not sure?

Customer :

is he an attorney'

Attorney2 :

NOT recommending him

Customer :

oh okay can't do that here right

Attorney2 :

I am specifically NOT recomming him

Customer :

oh okay bad

Attorney2 :

I can't recommend anyone but certainly would NOT recommend

Customer :

gotcha

Attorney2 :

Good luck. Let me know what happens

Customer :

when I ask for you I just ask for attorney 2

Attorney2 :

Yes

Customer :

okay let me go give you an excellent rating you were great gave me some hope and I will let you know what happens

Attorney2 :

Thank you

Customer :

thank you hagn

Customer :

have a good night

Customer :

bye now

Attorney2 :

bye

Expert TypeAttorney
Category: Real Estate Law
Pos. Feedback: 93.1 %
Accepts: 973
Answered: 7/15/2012

Experience: 25 Years in General Practice, Real Estate Law and Estate Law

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