Bad faith in mortgage modifications is exhibited by financial institutions in several ways. Under pressure from President Obama, banks agreed to set up mortgage modification programs. The federal government gave the banks billions of dollars in “TARP” money. Thereafter the banks agreed to help homeowners obtain mortgage modifications. Instead of helping the homeowners, the banks set up under-funded, poorly conceived and poorly managed modification programs. The failure of the banks to fulfill their obligations under the mortgage modifications programs can be considered bad faith.
Another example of bad faith by financial institutions is when they grant a homeowner a trial mortgage modification for three months. Thereafter, the homeowner pays, on time, the modified amount for three months. When the banks don’t notify the homeowner to stop paying, the homeowner continues to pay the modified mortgage amount for as long as a year. Thereafter, the bank either tells the homeowner that they have been rejected for a permanent loan modification or that they are approved for a permanent mortgage modification, but on much more onerous terms.
Yet another bad practice by the banks is, after the homeowner has made numerous on time payments under a temporary mortgage modification program, they tell the homeowner they don’t qualify for the permanent program. In these situations, the banks are operating under bad faith!
Foreclosure Defense and Mortgage Modifications
Should you be sued in a foreclosure proceeding, we will appear in court for you. We will attend foreclosure conferences. We will make the courts aware that the mortgage modifications stall because they are poorly administrated. We litigate issues involving defective foreclosure lawsuits, defective mortgages and predatory lending issues as part as our overall foreclosure defense of our clients. Our office has been handling real estate related litigation for more than 45 years.
By meeting with our attorneys, we will analyze your financial situation and provide you with a road map as to how to deal with these difficulties. Should filing a Chapter 7 or a Chapter 13 bankruptcy be appropriate, we will also represent you regarding these proceedings. Feel free to call us at your earliest convenience should you have any questions at 1-800-344-6431, 516-561-6645 or 718-350-2802.
