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Do I have a case against Bank Of America for negligence?

Frederick, MD |

For 4+ yrs now we have done everything asked of us by BofA to try and sell our home. My husband suffered a paycut, I lost my job, and my childs father stopped paying child support which made it impossible to make our full payments. They offered no programs when we started and the home has had 7 offers, 3 of which progressed to contracts. We were given a closing date for the first contract and told to move out in preperation. The longest buyer held on for 9mo. before releasing. The home has never foreclosed and we can not buy and/or repair our credit because of this. BofA and the attempted sale of this home has been nothing short of a nightmare for us. They drag their feet and have us fill out different forms with the same info over and over with no end. Can anyone offer counsel?

Attorney Answers 2


  1. Are you still current on the mortgage payments, or have you defaulted? If still current, then that is why BofA is doing nothing; they're milking you for as many payments as they can get away with! If you have not already done so, check out this web page for links to obtain counseling for your issue:
    http://mdhope.dhcd.maryland.gov/Counseling/Pages/default.aspx
    It is part of the Maryland Department of Housing and Community Development.


  2. What was your goal? (shortsell the house and reduce credit damage?).

    Whether its a shortsale or loan mod, has your property lost so much value that the negotiators are not releasing the sale? Or is it a second loan issue?

    If you provide just a little more information, I will be able to point you in the right direction.

    However, it does seem that you might as well stay in the house (for free) until some resolution or foreclosure has been finalized. If your credit is damaged already, staying in the home without paying the mortgage will not cause any additional damage.

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