The Bank of America loan modification lawsuit claims the company conducted a deceptive scheme to deny mortgage assistance to thousands of borrowers. The banks hired contractors to falsely answer the phones while representing themselves as Bank of America or the Office of the President. When questioned about this, the workers were fired. The settlement does not release any of the borrowers from civil or criminal charges. However, it does remove the Bank from the risk of being sued in criminal court.
In its lawsuit, homeowners say Bank of America deceived them with false information and enriched itself by taking advantage of the federal mortgage-modification program.
The HAMP or Home Affordable Modification Program was implemented in 2009 by the U.S. Treasury Department to help struggling homeowners avoid foreclosure. This program was a success, with over 2 million permanent modifications completed by July. This is the biggest U.S. mortgage lender, having completed nearly two million permanent modifications through July 2016.
The HAMP program allows homeowners to keep their homes, but the banks misled borrowers and enriched themselves. Throughout the first half of 2016, Bank of America approved 227,000 permanent loan modifications. The bank’s failure to implement HAMP helped the lenders enrich themselves at the expense of its customers. Although the HAMP program was intended to help struggling homeowners avoid foreclosure, it has only made matters worse. In June and July, the bank issued over 22,000 permanent modifications.
The Bank of America lawsuit also alleges that the lender systematically enrolled borrowers in financial products that were not in their best interests.
It opened add-on accounts to facilitate ongoing mortgage servicing. It did not provide its customers with adequate information about the risks and benefits of these products and did not allow them to exercise informed consent. The suits claim that the bank failed to follow regulations and provide the necessary training to properly handle these cases.
A Bank of America lawsuit claims that the bank misled and harmed borrowers who tried to hold on to their homes with the help of a federal mortgage-modification program. The HAMP program is designed to assist struggling homeowners who were facing foreclosure. During this time, the lawsuit also alleges that the banks failed to properly process applications for loans. The court’s ruling sided with the plaintiffs.
In the bank’s lawsuit against the government, Gonzalez and his wife sued the company in federal court.
The suit alleges that the bank misrepresented the HAMP program and deprived borrowers of their homes. Moreover, the suit alleges that the company failed to provide the requested documents to the clients. The Gonzalez family’s lawsuit against the bank was filed in Charlotte, North Carolina. The case was eventually settled, but the family still had to face the foreclosure of their home the following year.
According to the lawsuit, the bank was responsible for paying mortgage escrow premiums to third-party insurers without proper due diligence. These premiums were not accounted for in the HAMP, and the company had no way to make the payments. Moreover, it has failed to provide necessary documents to the customers. While the government’s oversight of the bank is vital, it is important to understand the role of the U.S. Supreme Court in this matter.
The bank’s actions are based on a series of factors. First, the lawsuit alleges that Bank of America misled borrowers seeking to retain their homes by offering a loan modification.
Secondly, the plaintiffs argue that the U.S. Supreme Court’s decision on the issue was unfair and inequitable, even though the court’s ruling was reached in favor of the borrowers. The U.S. Supreme Court has stated that the decision in the Miami case is in the best interests of the borrowers.
In addition, the bank’s failure to assemble a qualified workforce to deal with complaints and regulatory inquiries is the reason for the lawsuit’s failure to proceed as a class action. Instead, the bank has implemented systems and procedures that confuse and mislead consumers. The company has contracted with a private firm called Urban Lending Solutions to process mortgage modification applications. In this case, the banks hired temporary employees with no experience, who were then assigned hundreds of HAMP files.