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Mortgage Modification Fraud?

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ttbrosso

Junior Member
What is the name of your state (only U.S. law)? Michigan

I am at my whitts end with Bank of America. We entered into a trial modification with Bank of America on May 1, 2012. I was told to make 3 trial payments and after that I would receive permanent loan documents. I followed the guidelines made my payments..fast forward 10 months later I receive a notice that my house is going to sheriff sale. How is this possible when my trial modification says that as long as we are following the guidelines our home could not be sold in a sale. I immediately called our case manager which she assured us that this is normal protocol that the house would not be sold and that our permanent docs are almost done ( we have been calling every couple of weeks after the 3 months asking for these docs) a week later I tried to make our 11th payment and I was told that we were not longer in a modification and we are in active foreclosure so they would no longer take payments. Once again I called our case manager and she said she didnt know why this was happening and after days of arguing with her, her boss and her boss we were told that we were declined the day after we were approved back in May 2012?? Is this legal??? So now I am forced into a Chapter 13 because of this??? Any advice would be greatly appreciated.
 


tranquility

Senior Member
You did not have a true modification until you have signed paperwork for it. A verbal contract would not be valid. A temporary modification can be rejected by the bank.

See also:
http://www.prlog.org/12047203-short-sale-specialist-and-default-advocate-rick-giese-discuss-dual-tracking-in-michigan.html
 

HUD-1

Member
Sounds more like bad communication and incompetence on their part, not fraud. If your financial situation has improved at all, ask for another review of your loss mitigation options as it has been almost a full year. The worst they can say is 'no'.
 

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