Lawsuit Lists Economic Factors That Discourage Bank of America From Meeting Contractual Obligations Under HAMP By Facilitating Loan Modifications

In Phoenix, Arizona, Courthouse News Service reports:

• Despite pocketing $25 billion from the Troubled Asset Relief Program to help homeowners avoid foreclosure, Bank of America refuses to help its customers out because it makes money by turning them away, a class action claims in Federal Court. "Fees that Bank of America charges borrowers that are in default constitute a significant source of revenue to the servicer," the class claims. Though BofA gets $1,000 for each Home Affordable Modification Program loan modification, it's more profitable to "avoid modification and to continue to keep a mortgage in a state of default or distress and to push loans toward foreclosure," according to the complaint.(1)

For more, see It Pays to Foreclose, Class Claims.

(1) The lawsuit reportedly makes the following claims against BofA that discourage them from making permanent loan modifications:

1. "Bank of America may be required to repurchase loans from the investor in order to permanently modify the loan. This presents a substantial cost and loss of revenue that can be avoided by keeping the loan in a state of temporary modification or lingering default.
2. "The monthly service fee that Bank of America, as the servicer collects as to each loan it services in a pool of loans, is calculated as a fixed percentage of the unpaid principal balance of the loans in the pool. Consequently, modifying a loan to reduce the principal balance results in a lower monthly fee to the servicer.
3. "Fees that Bank of America charges borrowers that are in default constitute a significant source of revenue to the servicer. Aside from income Bank of America directly receives, late fees and 'process management fees' are often added to the principal loan amount thereby increasing the unpaid balance in a pool of loans and increasing the amount of the servicer's monthly service fee.
4. "Entering into a permanent modification will often delay a servicer's ability to recover advances it is required to make to investors of the unpaid principal and interest payment of a non-performing loan. The servicer's right to recover expenses from an investor in a loan modification, rather than a foreclosure, is often less clear and less generous."