Alvarez v. BAC Home Loans case overview

Loan Modification Negligence When you are trying to fight for your home in the loss mitigation loan modification process, it is no laughing matter.  You are submitting the documents being requested and hoping you will not be "dual tracked" by your loan servicer who is usually servicing your loan on behalf of an often unkown securitized loan trustee, and you wonder if you will get a fair shake, or a real opportunity to save your home.  This real estate podcast talks about what happens when your loan servicer is negligent in handling or reviewing your completed loan modification application. Introduction One of the legal cases every homeowner should have in their foreclosure prevention toolbox is the case of Alvarez v. BAC Home Loans, LP (Bank of America).  Some of the common things that can go wrong when you submit your financial documents to be consdiered for a loan mod are: 1. False statements by the loan servicer's representative 2.  Claiming your documents were never received ("missing tax returns" and "rental agreements" are two common ones) 3.  Denying you based upon consideration of false information (ex. your income or property value) 4.  Lies about postponing your foreclosure sale There are other types of things that can wrong in the loss mitigation department of large loan servicers such as Nationstar, Ocwen, Wells Fargo, Citimortage, and Bank of America, but this Alvarez case is a very important case that discussed "duty" and "damages" in regard to the tort of negligence against a loan servicer.  Give this real estate podcast a listen with Attorney Steve explaining and defining these important and complex legal topics.