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I had a chance to revisit with a past client that is OK right now. The issue came up as to whether he should sue his mortgage company (BofA) for bad faith, fraud, and ......? My client shared his story and I will share it with you. About 2 years ago, months before my client was to be laid off, he tried to renegotiate lower payments.......
WHAT REALLY HAPPENED...
This man and his family had excellent credit, always paid their bills and being pro-active realized that rough times were coming. what does an honest man do...? He contacts his bank and tells them that while he can afford to pay the mortgage now, he doesn't think so in the months ahead.
THE BANK ADVISED HIM ON WHAT TO DO
Bank of America responds with we can help you, but only if you are delinquent. My client was flabbergasted. He says...I am calling you to work something out so I do not become delinquent. BofA says, we cannot help you. We have programs that kick-in 30, 60, 90 and 120 days after you are late and in default.
DOESN'T MAKE SENSE
My client, who believes in doing the right thing is speechless. Calls two more times and his conversations are all documented by the bank and their final response is to become late. He and his wife have a meeting, discuss it in detail and then decide to go along
WHAT LISTENING TO BAD ADVICE DOES
Every day of not paying was stressful and pure hell. It went against everything they believed in. They checked in with the bank periodically and was told...not yet. But if you have money, you can send it in and it will go against what you owe. This made no sense at all. Should he pay or not pay..?
BofA...THE KING OF THE CARROT DANGLERS
After months of this existence....BofA promised to do a loan mod and took months to set it up. Lost paperwork, no return calls, being kept on hold for 1-3 hours per call all added to the non-success of this supposed help.
After enduring months of this, finally paperwork was received and acknowledged and my clients were told that they would have something within 60 days. Two days later, their home was foreclosed on and they were given 3 days to move.
POINT OF THE POST:
My client was contacted recently and asked if he wanted to sue the bank and question their right to foreclose under these conditions. His response is as follows:
Doing right is missing here. Right by all. I called months in advance to renegotiate my payments being content to be underwater. I just wanted a place to stay. I was told no help will be provided you until you are delinquent. I persisted and was denied. I became delinquent (reluctantly) which was stressful for me and my family because I didn’t want anything that way. From there, I was encouraged to get even more delinquent because that is how all the HELP programs kicked in….i.e. only if you are delinquent. Meanwhile, my credit is shot and I go into free-fall. Living this way is not living. Every knock on the door causes one to get butterflies from hell. I am glad to be rid of this problem, but I am battle scarred and wounded because of it. I lost the house, my credit is destroyed, I was evicted and lived in fear. I want nothing to do with this anymore and I want to get on with my life..….
That's what really happened lest we forget. That's the real story.....and it stinks....
Richie Alan Naggar Ran Right Realty Riverside, Ca
Real Estate Broker and AUTHOR of the popular "PEARLS SERIES"of books on LIFE and LOVE
Disclaimer: ActiveRain Corp. does not necessarily endorse the real estate agents, loan officers and brokers listed on this site. These real estate profiles, blogs and blog entries are provided here as a courtesy to our visitors to help them make an informed decision when buying or selling a house. ActiveRain Corp. takes no responsibility for the content in these profiles, that are written by the members of this community.