Posted on Tuesday, December 21, 2010
A second state has filed a lawsuit against Bank of America (BofA) for alleged deceptive loan modification and foreclosure practices.
Nevada Attorney General Catherine Cortez Masto announced Friday that her office had also opened a lawsuit against the company and its affiliates regarding its residential mortgage servicing procedures. Last week Arizona Attorney General filed a similar suit against the mortgage servicer.
The Nevada complaint alleges BofA:
• Misled consumers by promising to act upon requests for mortgage modifications within a specific period of time;
• Misled consumers with false assurances that their homes would not be foreclosed while their requests for modifications were pending, but sent foreclosure notices, scheduled auction dates, and even sold consumers’ homes while they waited for decisions;
• Misrepresented to consumers that they must be in default on their mortgages to be eligible for modifications when, in fact, current borrowers were eligible for assistance;
• Made false promises to consumers that their modifications would be made permanent if they successfully completed trial modification periods, but then failed to convert these modifications;
• Misled consumers with inaccurate and deceptive reasons for denying their requests for modifications;
• Falsely notified consumers or credit reporting agencies that consumers were in default when they were not;
• Misled consumers with offers of modifications on one set of terms, but then provided them with agreements on different sets of terms, or misrepresented that consumers had been approved for modifications.
Masto maintains that Bank of America made trying times even more difficult for Nevada consumers who were attempting to save their homes.
“We are holding Bank of America accountable for misleading and deceiving consumers,” said Masto. “Nevadans who were trying desperately to save their homes were unable to get truthful information in order to make critical life decisions.”
A statement released by Bank of America says that the company is disappointed by the lawsuits and is currently engaged in multi-state discussions to improve and further foreclosure related processes and programs to help customers.
By: Joy Leopold DSNews