Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

I was approved by Bank of America a loan modification last

May 28, 2013 after I...
I was approved by Bank of America a loan modification last May 28, 2013 after I have gone through 3 months trial period. They have sent me an agreement paperworks that state my new monthly mortgage almost very close to my 3 months monthly payments. However, the loan account was sold to another bank "Green Tree Servicing LLC" in June 2013 and Green Tree doesn't appear to recognize the loan modification that BOA I have agreed upon. I have faxed twice and post mailed to Green Tree the agreement contract but they keep claiming that they have not received anything. Green Tree sent me letters every week stating I am at default therefore is now facing a foreclosure. What do I need to do now? This situation takes too much of my time and it seems like banks are playing games with me.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 12 minutes by:
8/28/2013
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,476
Experience: JD, MBA
Verified
Hello and thank you for allowing me the opportunity to assist you.

When was account sold? Was it before or after you accepted the loan mod and mailed back the signed documents?
Ask Your Own Real Estate Law Question
Customer reply replied 4 years ago


Thank you for your quick reply. The answer is after the loan mod and mailed back the signed documents.

Customer reply replied 4 years ago


Just to make sure I answer the question correctly, Bank of America informed me on the phone after they have received the loan modification agreement I signed (around May 23,2013) , that the loan will be soon be transferred to another bank. The manager assigned from BoA told me that I will receive notification/ statements from the new bank around mid of June 2013.

Hello again.

Since the loan mod was executed and mailed back to BoA before your account was sold, I think that you have a strong argument that the loan mod is enforceable. The reason is simple: BoA offered you a loan mod, and you accepted it while BoA still owned the account. Whatever happened to ownership of your account after you accepted the loan mod is irrelevant to the loan mod. The loan mod became enforceable when you delivered the executed documents to BoA.

Unfortunately, it is not at all surprising that Green Tree lost the documents that you sent it. That is so common I would almost be surprised if they acknowledged that they received the documents.

If I were you, I would try to get BoA involved. I would request copies (if BoA has them) of what you sent it. I would ask for a manager at Green Tree, explain what has happened, and get the manager's contact info. I would then ask BoA to send the documents to the manager, and I would send copies yourself as well. If Green Tree still gives you the runaround, then you could retain an attorney to handle this for you. It would probably cost you $1000 (give or take), but the attorney would likely get results because requests from an attorney generally get the attention of upper management and/or legal departments. If Green Tree has involved a foreclosure attorney already, you could also send the documents to the attorney. The foreclosure attorney would likely be able to deal with it from his end as well.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,476
Experience: JD, MBA
Verified
TJ, Esq. and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,476
12,476 Satisfied Customers
Experience: JD, MBA

TJ, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My mortgage was included in my bankruptcy..my bankruptcy was
My mortgage was included in my bankruptcy..my bankruptcy was discharged..is my mortgage company now obligated to satisfy my mortgage… read more
DrakeLAW
DrakeLAW
Juris Doctorate
842 satisfied customers
I'm the owner of several mortgages in several different
Hello, I'm the owner of several mortgages in several different states. What I want to know is if I want to start foreclosure proceedings on each one of them will I have to use several different attorn… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
My first mortgage held by of A was successfully modified,
My first mortgage held by B of A was successfully modified, but before the process was concluded and the modification on the 2nd mortgage (also held by B of A) could begin, B of A's claim with Old Rep… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Which date determines the effective date of a mortgage
which date determines the effective date of a mortgage assignment the date that it was signed or the date the contract was filed with the record … read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,899 satisfied customers
If the title to the home and mortgage is in both spouses
If the title to the home and mortgage is in both spouses names, but one dies, should the other change the name on both in order to sell or bequeath the home? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
I'm selling a couple properties and outside of the mortgage
I'm selling a couple properties and outside of the mortgage I have two or three loans that what other companies have given to the ownership company of this Llc how do I let the title company know thes… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
My husband would like to apply for a reverse mortgage in
My husband would like to apply for a reverse mortgage in Texas but I am 59. If I sign a waiver of homestead rights, how long does he have to wait to apply for the mortgage? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Ray. When a Mortgage Servicer, through their attorney, files
Good morning Ray. When a Mortgage Servicer, through their attorney, files a Motion to Dismiss on a foreclosure case, is there a specific, written, time frame that I have to respond? Either from the da… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
If someone has a reverse mortgage in CA., can they rent a
If someone has a reverse mortgage in CA., can they rent a room out in their house? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Can a mortgage lender hold on to a surplus overage from the
can a mortgage lender hold on to a surplus overage from the borrower if the borrower is current on the mortgage. my bk is complete but has not been discharged. lender is refusing to refund the escrow … read more
DrakeLAW
DrakeLAW
Juris Doctorate
842 satisfied customers
If I am not the holder of the Mortgage, but the deed as
If I am not the holder of the Mortgage, but my name is ***** ***** deed as tenants in common. How can I get my name off of the deed?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Is there a time limit for banks to approve a mortgage.
Is there a time limit for banks to approve a mortgage … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
Are wrap around mortgages legal in Florida? I'm self
Are wrap around mortgages legal in Florida? I'm self employed so a conventional loan won't work, but my landlord is willing to work with me for the sale. Aside from putting down 20% for an unconventio… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
If I am the sole person on the mortgage and sign a quit
If I am the sole person on the mortgage and sign a quit claim to the property, am I still responsible for the mortgage? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
Is there an attorney who will negotiate with my mortgage
is there an attorney who will negotiate with my mortgage company to lower my interest and monthly payment? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers
If there is a first mortgage on a property, can the HOA
If there is a first mortgage on a property, can the HOA foreclose and take title to the property for non payment of dues? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,811 satisfied customers
Is mortgage company responsible for transferring insurance
Is mortgage company responsible for transferring insurance to themselves after modification?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We are considering a reverse mortgage. Our present mortgage
We are considering a reverse mortgage. Our present mortgage loan is in my name only but the deed is in both myself and my wife. My question is how would that work as I have read the property is to be … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,509 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x