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A California homeowner sued Bank of America in small claims court and won $7,595 from the bank after it burned him on a mortgage modification.
"It was a good victory for me and I think for homeowners around the country," Dave Graham told HuffPost.
Graham, who lives in Big Bear City, Calif., applied for a loan modification under the Obama administration's Home Affordable Modification Program, which is supposed to give eligible borrowers a "permanent" five-year modification...
Graham said his trial dragged on for 18 months. He said he made every payment until Bank of America told him in May that he didn't qualify for HAMP, and that he'd lose his home unless he paid about $7,000 to make up the difference between his normal monthly payments and the reduced payments he made during the trial period.
"Each month when I did talk to them I was informed it's still under review -- as long as you keep making this trial payment everything will be fine," said Graham, 53. "At some point I started receiving notices from my credit cards that they were reducing my credit amount due to recent problems making my mortgage payment on time
The National Consumer Law Center is involved in several class-action lawsuits against banks and others over broken HAMP promises. (Those lawsuits, if successful, will prevent foreclosures.) The NCLC's Charles Delbaum told HuffPost that Judge John Pacheco's "terrific decision" in Graham's case picked up on the same theme of more than a dozen actions against the likes of Bank of America, JPMorgan Chase, Wells Fargo, and CitiMortgage.
"[I]t is unconscionable to string homeowners along far beyond the three month trial periods they and their banks have agreed to," Delbaum emailed, "allowing them to become more and more behind on the payments due under their original loan, making the hole they are in ever deeper and harder to dig out of, and then to tell them they weren't eligibile for the program in the first place -- something the banks are required to determine within the three month trial period."
Originally posted by spookfish
What I'm hoping and waiting for is someone beating BoA in a foreclosure scenario where they have no proof/deeds.