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Wrongful Bank Foreclosure

5/20/2010
Andrew J Garcia
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Loan Modification Program Leaves Many Worse Off Says WSJ

The government's loan modification program has left "some" struggling homeowners "worse off" than they were before, according to an article in the Wall Street Journal.  

The WSJ reports that the U.S. Treasury announced on Monday that nearly 1 in 4 homeowners who were offered lower payments were eventually "weeded" out of the program because they failed to make payments, didn't provide all the financial information they needed to qualify or were found to be ineligible.

Under the federal Home Affordable Modification Program, or HAMP, homeowners are first offered a trial modification. If the borrowers make the modified payments and satisfy other criteria, the trial modifications become permanent, ensuring a reduced payment for 5 years. 

According to the WSJ article, while awaiting the approval of their permanent modification some borrowers keep making payments, "exhausting their savings in what may be a futile attempt to save their homes. They also incur fees and delay taking action that might give them a fresh start in a more affordable home." 

The problem with the WSJ article is, in our opinion, that it only touches on the real reasons that homeowners are left in a worse position by several banks participating in the HAMP. Our attorneys have been hearing stories every day from homeowners who offered trial modifications for 3 months, but who are then left waiting by the bank for 7 8 or even 9 months before getting an answer on their permanent modification. When these homeowners are finally told that they don't qualify, they are also told that they now owe thousands of dollars on their home and that if they cannot pay, then they will lose their home to foreclosure.

In so many instances, these same homeowners weren't even behind on their payments when they first started the program! But, since they've been kept waiting in the trial modification period for so long with no answer, they no longer have the thousands of dollars to bring themselves current. And, to make matters worse, at least one large bank has been trashing homeowners' credit reports during the trial period so that the homeowner cannot even get a new loan to bring themselves current.

Does this sound like your loan modification nightmare story? If it does, Phillips & Garcia wants to hear about your experiences with CitiMortgage, Bank of America, Wells Fargo or any other bank. Contact us to share your story.

Victims of wrongful foreclosure lockouts and seizures have rights. Phillips & Garcia, P.C., a leading law firm in wrongful foreclosure and seizure cases, is now taking cases in any state where there has been a wrongful foreclosure, lockout or trash-out of a borrower's home. Although we are licensed in Massachusetts, we can associate with qualified attorneys in your state.
 

   


4 Comments to "Loan Modification Program Leaves Many Worse Off Says WSJ"

I was in the process of loan mod. I too called and called. I was never given modification my home was foreclosed. Before my hardship we rebuild this home and increase the value to 500,000 instead of the 200,000 due to a fire. I only owed 120,000 of the 198,000 because I paid extra of the principle. I was in the modificaiton process for 11 months.
Posted by kim on December 16, 2010 at 08:16 AM
The HAMP loan modification has put our family in a worse situation that we were before we were verbally approved 7 months ago. My husbands credit score has been destroyed and we just found out today that we have been denied. It took Citimortgage 7 months to process our loan only to deny it. We have been making our monthly payments and we have been calling diligently to help the process along and now have no idea what will happen to us.

This program has been a nightmare. It is one thing to be denied but it's not just that we are denied and then go back to the original terms of our loan. We are punished by the destruction of our credit and in most cases homeowners that are denied have to come up with late fees, past due amounts and other fees all at once or face foreclosure or short sale.
Posted by Nichole on June 3, 2010 at 02:10 PM
You are correct. We hear from homeowners every single day with the same story over and over - they applied for a loan modification, were approved for a temporary trial modification for 3 months, then the bank dragged it out for months on end only to tell them in the end that they don't qualify. In the meantime, certain banks have trashed their credit scores and now they are no longer in a position to obtain a loan to refinance and pay off the much larger arrears that the bank is trying to force them to pay. In my opinion, the government is not doing enough oversight to stop this type of predatory practice.
Posted by Andrew J Garcia on May 26, 2010 at 07:44 AM
It is great that the government is really trying to help troubled homeowners to remain in their homes. But, does it really work? It looks like that you need to receive help from an attorney who can manage successfully your application process. That's the reality.
Posted by Loan modification on May 26, 2010 at 04:19 AM

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