Tuesday, October 18, 2011

Abuses Alleged In Retooled Loans Done By BofA

Despite deals, threats of foreclosure reported

Jenifer B.McKim, Boston Globe

Property owners in Massachusetts and across the United States say they are being threatened with foreclosure and assessed unfair fees by lenders even after signing agreements with those companies to make lower mortgage payments and stay in their homes.

Eight Bank of America borrowers – including two from Massachusetts – have filed a lawsuit against the nation’s largest bank, alleging it violated loan modification contracts, wrongly attempted to collect money from them, damaged their credit, and initiated wrongful foreclosure actions. They expect others to join the suit and are seeking class-action status.

Borrowers and housing advocates say the problem is a further indication of the mortgage industry’s ongoing woes.

Bank of America declined to comment.

Loan problems typically occur when one department at a lending company approves a modification – permanently lowering a homeowner’s mortgage obligation through interest rate or principal reductions – but does not accurately update the borrower’s records, housing advocates say. As a result, other departments may continue to classify the customer’s account as delinquent.

The frequency of such errors is a matter of some disagreement. Faith Schwartz, executive director of the nonprofit Hope Now Alliance, which represents businesses and housing counselors in the mortgage industry, said she was not aware of any serious issues with completed loan modifications.

“That is not something that has come up often,’’ Schwartz said.

But Kathleen Day, spokeswoman for the nonprofit Center for Responsible Lending, based in North Carolina, said the problem is widespread.

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