Legal Question in Consumer Law in Nebraska

Would my situation support a lawsuit against Bank of America?

In 2008 I entered into a forbearance agreement with Countrywide because I was five months behind on my house payments. I mailed in the required paperwork along with the first payment of the forbearance. About three weeks later Countrywide sent my payment back along with a letter stating that they withdrew their offer of the forbearance agreement because they did not receive the required payment and paperwork in the allowable time frame. I had a receipt of delivery that proved differently. I was told by Countrywide that they would correct their mistake. After five more months went by I new I would no longer qualify for any kind of workout program. Any further contact with Countrywide to confirm this would lead to foreclosure. August 15, 2012 my home was sold to my current servicer Bank of America. In 2008 I owed $41,000.00 and had $30,000.00 in equity. In August 2012 I owed $69,000.00 and then found myself homeless.

Asked on 4/30/13, 1:40 pm

1 Answer from Attorneys

Matt Jenkins DeMars, Gordon, Olson, Zalewski and Wynner

It is not clear to me what claims you would have had against Countrywide in the first place. Something else to consider is that the statute of limitations for a breach of contract action is 5 years in Nebraska. If you feel that you have a valid cause of action, you should schedule an appointment with an attorney to discuss your matter in great detail.

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Answered on 5/01/13, 8:36 am

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