Sunday, October 18, 2009

South Florida Couple Files Suit Against Lender, Saying B of A Welched On Loan Modification Agreement

In Broward County, Florida, the South Florida Sun Sentinel reports:
  • Weston attorney Kraig Weiss and his wife, Ana, are living what they call a "loan modification horror story." Earlier this year, the Weisses agreed to a loan modification with Bank of America, only to have the bank take the offer back. The Weisses sued. Now the bank is moving toward foreclosure, even though the Weisses are making mortgage payments. "The truth is, they don't care. They feel they are above it all and they don't have to answer to us," Kraig Weiss said.

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  • The Weisses' suit, filed in June, accuses the bank of breach of contract. They've also said that bank representatives traipsed onto their property to take pictures of their house during Yom Kippur, frightening Ana Weiss' 76-year-old mother when she looked outside. Bank of America declined to comment on the case.

For the story, see South Florida banks and borrowers struggle with loan modifications (Sides have sharply different understanding of what it means to modify a mortgage).