Legal Question in Real Estate Law in Florida

Please help!!...been trying to get a modification for my home since i lost my job a few years ago..still haven't got a mod and have always submitted all papers they requested the very next day and I'm always told they never received them or didn't receive all of then now they are wanting to foreclose on me (it's bank of America) is there anything i can do to save my home for me and my family please help!!


Asked on 11/13/12, 8:24 pm

1 Answer from Attorneys

Kelly Greene Kelly A. Greene P.A.

The modification process is a bit of a scam run by the "servicers" of your loan. They actually make money every time they talk to you on the phone or have to review your paper work or tell you they did not receive something. Bank of America has a reputation for being one of the worst abusers of the modification process.

Begin to take down the names of everyone you talk to. Ask Bank of America to set up one person that you can deal with, (OCWEN has case managers) each time you call. Keep copies of everything you send them and notes of your conversation.

You were entitled to a modification and because certain banks including Bank of America abused the process (delaying mods or offering mods that were not actually modifications) the Fifty States Attorney Generals threatened to sue and the Banks settled. With the settlement, the Banks are supposed to be offering the modifications they were supposed to offer in the first place. I recently obtained a modification of the principal for one of my clients, which is really the most helpful of the modifications. You do not want to get a new payment for an overpriced mortgage. '

See a few local attorneys. Do not go to non attorneys who promise a modification. Make sure the attorney has experience specifically in "fighting" foreclosures not just delaying foreclosures. There is a lot of information on the web. Read up and educate yourself on what is going on. You are not alone and not being treated any differently than the thousands of Americans who have been treated unfairly by the process.

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Answered on 11/27/12, 10:24 am


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