I was approved for my modification in 4/2012. I was in a trail payment from 1/2012-3/2012. B of A was fully aware of my divorce and the it was not a nice one. The house was awarded to me & my ex quitclaimed off. B of A was aware of this and told me when my mod. was approved that my ex DID NOT have to sign anything. The divorce papers would be fine. They also stated I would not have any more lates on my credit. I recently pulled my credit and saw that I have lates for the is whole last year that I was in my mod. I called B of A. They are now telling me my mod was not approved because my ex did not sign the paperwork (which he will not do) I have been making my payments on time. The stress they are putting me through is unbelievable. Is there anything I can do???
Your facts appear specfic to you and do not appear to be the basis for a "class action" lawsuit.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Class Action Attorney
There are ongoing class action lawsuits against BofA concerning its failure to provide loan modifications in accordance with the terms of trial modification agreements that it entered into with borrowers.
Your particular situation, however, has many unique individualized facts, and you probably would not qualify to serve as a named plaintiff and/or class representative in a class action against BofA.
That said, you may have an individual action for breach of contract and similar claims. A local lawyer may be able to help you with that.
Legal Information is Not Legal Advice My answer provides information about the law based on the limited information provided in the questions asked and is not intended to provide legal advice or opinions, and does not constitute an attorney-client relationship. The answer to the question is for educational and informational purposes only. The law differs in each jurisdiction and may be interpreted or applied differently depending on the jurisdiction or situation. Accordingly, I highly recommend that you consult with an attorney to discuss the details of your problem so you can get legal advice tailored to your particular circumstances.