Last summer I had a loan modification approved. I was sent the papers, had them notarized and sent them back. The bank confirms receipt of the paperwork. I am told everything has been completed and approved. Fast forward to February. I get my interest staement and realize it is too low. I then check my mortgage account online and see it shows I have not made a payment since May of 2011. I then check my credit report whcih says I am $30000 behind on my mortgage and my score has plummeted. I have never even been late for a payment once and PNC has confirmed this. I have been calling almost daily for over a month and keep getting the runaround. They sent me new papers but added $27000 in interest to my principal. I called and pointed it out and they admitted it was wrong but have done nothing
Yes, you do have rights with respect to post modification actions of the lender. My firm and I have handled similar situations recently where borrowers were not getting the benefit of modifications which were previously agreed to, but were never recorded or booked. Further, recent case law supports claims against lending institutions for post modification fraud and like claims.
Seek the advice of an attorney on this matter. If you'd like, you can contact me as well, and we can discuss your options.
This response is for informational purposes only and does not create or constitute an attorney-client relationship.
Yes, you can. There are many protections currently in place to keep you from being taken advantage of by banks. For more information please feel free to call.
Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: [email protected] NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.
You should send a letter to PNC Bank asking them to correct the mistakes that they have made within 10 days. You should also make sure that all communication is in writing so that you have proof that they have admitted to making a mistake.
The above answer is only for information. This answer and any response does not create an attorney-client relationship between the parties and the communication is not privileged and confidential. The best course of action is to consult with a lawyer about your specific case. If you need to contact me, please call at 212-537-6936 or email at [email protected]
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