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Can I Sue Bank of America for Loan Modification Fraud?
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Old 05-15-2010, 02:28 AM
editty editty is offline
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Default Can I Sue Bank of America for Loan Modification Fraud?

I called BOA about the home loan modification program to see if I qualified. I was not behind on my mortgage but my hours were cut on my job so I thought it wouldn't hurt to try to get my loan modified. Man do I regret that decision because this has been one big nightmare.

I first called them in Oct. 2009, they told me yeah, you qualify. They told me right over the phone my payment would be reduced to $896.00. They even took my first payment and told me that I didn't have to make another payment until Jan 1.

I was told to send in my last two pay-stubs and tax return and they would send my modification docs. I never received anything so I called to find out what happened. They claim they had no record of the phone conversation. They said the agreement was to place me on a Trial Payment of $794.66. They told me to make the Trial Payment for 3 months until a permanent decision was made.

I never received any documents and no one ever got back to me. Now they claim that the Trial Payment I was making was only a partial payment and I'm actually $7,000 past due. They say that the full $7,000 is due to prevent foreclosure. I told them that had I known the Trial Payment would put me in the hole I would have never agreed to it.

Now they say that there is nothing that can be done. I can either pay the $7,000 or allow them to foreclose. I researched this online and many people are in the same boat as myself. I think this is absolutely criminal. There has to be something I can do. I'm wondering if I can sue them? If anyone can offer any advice or point me in the right direction I would greatly appreciate.

Please no loan mod scams because I will not respond!!!

Thanks.
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