BoA foreclosed on us July 29 2010, while we were being considered for a HAMP modification, which is against HAMP guidelines. In fact, BoA's underwriter called us about 10 days prior to the foreclosure date and said he was doing the paperwork for the HAMP. BoA allowed the sale to go through anyway and did NOT notify us that the foreclosure sale had occurred. They did not give us any notification that the HAMP had been denied until 3 days AFTER the redemption period of 6 months was over. HOPENOW got involved and helped us appeal. Then not a word from anyone. August this year I find out the appeal had been denied in May, but no reason given. I called Fannie, they said they need info and would call back. Never did. I called weekly and left messages. Now I have an eviction hearing Nov 21.
Start by contacting the state bar for a referral. A little searching on the internet may yield a class action suit on behalf of a similar class of people. In the early days of the HAMP program such stories were common. I'm not sure that a violation of the HAMP guidelines gives rise to a cause of action or just makes Bank of America vulnerable to federal penalties.
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