Welcome to The Home Equity Theft Reporter, a blog dedicated to informing the consumer public and the legal profession about Home Equity Theft issues. This blog will consist of information describing the various forms of Home Equity Theft and links to news reports & other informational sources from throughout the country about the victims of Home Equity Theft and what government authorities and others are doing about it.
Wednesday, July 18, 2012
BofA Loan Modification Jerkaround Stories Continue To Pile Up; Payments Made Too Early, 35 Cent Short Land Befuddled Homeowner In Trouble
In Philadelphia, Pennsylvania, The Philadelphia Inquirer reports:
It might make financial sense for Lisa Fiorilli to just walk away from her home in Manayunk — a tidy, three-story rowhouse on one of the neighborhood's familiar, hilly streets that rise up from Main Street and the canal.
But Fiorilli, facing foreclosure after a two-year bureaucratic tangle with Bank of America over a mortgage modification, would rather stay and fight — even if her home is now worth less, as she says bank officials have suggested, than what she owes on it.
Fiorilli's saga — backed up by a thick file of documents and call logs — is a story of a mortgage accommodation dangled and apparently snatched away for flimsy reasons, such as a phone payment that came in 35 cents short, and another payment that came in two weeks early. That's no misprint: early, not late.
***
So what went wrong? Fiorilli has gotten multiple answers.
She says she dutifully made her monthly [loan modification] payments starting in March 2010, paying by phone to ensure she knew the right amount. When she got a letter denying her a permanent modification six months later, it said she failed because of "trial plan default."
Baffled, she finally got a bank rep to compare the bank's records against her own statements, revealing the 35-cent shortfall. Fiorilli says he encouraged an appeal.
Every time she called, she says, she got a different answer. Sometimes she was told she'd finally been approved. Others times, she was told she'd been declined. Her pleas to speak with an executive with actual decision-making authority were ignored.
Then, this spring, she got another denial letter. This one said that her initial appeal was valid, but that now she didn't qualify because of the financial formula.
When she called this time around to question the decision, asking pointedly whether "anybody should lose their house over 35 cents," a new bank rep denied that the tiny shortfall was the reason for the initial denial.
Instead, she blamed it on the fact that Fiorilli's first payment came in March 2010, before her modification was due to begin April 1. Funny, since Fiorilli has two Bank of America letters dated in early March 2010 urging her to make her first payment immediately.
CBC News: Betrayal of Trust (A CBC investigation reveals how lawyers across Canada have misappropriated and mishandled clients money, to the tune of tens of millions of dollars, or sometimes even charging vulnerable people top dollar for shoddy services)
Land Contract/Contract For Deed/Rent-To-Own Rackets
The New York Times: The Housing Trap (In the wake of the housing crisis, low-income families have turned to seller financing to buy homes but these deals can be a money trap)
Beware The Fine Print: Consumers Forced To Sign Away Their Rights To Use Court System
The NY Times: Arbitration Everywhere, Stacking the Deck of Justice(Part 1 in series examining how clauses buried in tens of millions of contracts have deprived Americans of one of their most fundamental constitutional rights: their day in court)
Foreclosure Mills' Abysmal Record In Complying With New NYS Foreclosure Requirements
Justice Deceived: How Large Foreclosure Firms Subvert State Regulations Protecting Homeowners
MFY Legal Services Report On Questionable Practices By Process Servers In Debt Collection Cases
Justice Disserved: A Preliminary Analysis of the Exceptionally
Low Appearance Rate by Defendants in Lawsuits Filed in the Civil Court of the City of New York
Mortgage Mess Redux: Robo-Signers Return (A Reuters investigation finds that many banks are still employing the controversial foreclosure practices that sparked a major outcry last year)
CNN Video: As Foreclosures Mount, Florida Court Turns To 'Rocket Docket'
The Wall Street Journal: A Florida Court's 'Rocket Docket' Blasts Through Foreclosure Cases (2 Questions, 15 Seconds, 45 Days to Get Out; 'What's to Talk About?' Says a Judge)
"Produce The Note" Strategy When Dealing With Missing Promissory Notes In Foreclosure Actions
ABC Video: Fighting Against Foreclosure (Some homeowners have found a new tactic to keep the banks at bay)
<< Home