Old 08-21-2009, 04:20 PM   #1 (permalink)
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Trial Period Payments -predatory servicing

I'm not certain what "predatory servicing" practices are
--- So, a package that I rec'd seems suspicious to me.

Where I'm comin from...
We have been in business for a long time - over 25 years.
We provide ditch-digging services to oil and gas companies and have been modestly successful. We have lived in our home for over 7 years. Never even been late on a payment. What I am working on, is a "principal reduction" through the recently detailed Second Lien Program (2MP).

Now, when a client contacts us to perform work (dig a ditch in AZ for example) -- they always inquire about our prices.
To which we typically reply - Please send us some information describing the digging you need done...
and, based on 25 years of experience, we will provide you with a quotation for our services to perform that work.
Potential client sends information.
We provide quotation - including price and terms.
Then, clients accepts OR rejects proposal. [we may negotiate further]
If client accepts proposal, then client performs -- for example: Client signs contract or issues a PO & pays retainer, etc.
Then, we perform.
We dig the ditch as specified and request a review.
Usually, after minor changes, client is happy and we bill for final payment.
In all of our years -- this is how we have worked with clients all over the USA.
We have an excellent reputation, work in "good-faith" and we have never been burned, by non-payment.
It is mostly common sense man. I even took some business law classes -- eons ago -- just to get it right.

Now, I get this HAMP package from Bank of America.
BofA wants me to "perform" -- that is make 3 trial payments -- and send in the signed plan docs [both copies]
-- WHICH THEY HAVE NOT SIGNED and,
if we do everything right, then they MAY fully execute the modification docs.

What is wrong with this picture?
Am I being just too suspicious of the banksters?
This seems like a first-class ripoff to me.
In fact, for the thousands of dollars we send to Bank of America, as so called Trial Period Payments,
we could hire a lawyer and fight the SOBs.
Where did this silly Trial Payment Period paradigm -- which stands the practical Contract UCC Law [that I know] on its head -- originate?

anyhoo - I've been thinkin' about it and I want to respond like this:

Thank you for your offer...
We will immediately perform, by depositing to an independent third party account (a legal trust) an amount sufficient to fund
the entire 3 month Trial Period Payments, upon our receipt of two copies of a modification offer
that is perfected with your legal and unconditional signature on both copies and which becomes effective immediately
upon our afixing our signatures and the release of the trust funds to you.
We will retain one copy of the fully executed document, for our records, and return one copy to you, for your records
-- which, we expect you to legally record these docs immediately.
The principal reduction (you detail) will be fully enforceable upon the release of the funds to you;
should we fail to release the necessary funds to you, as promised, the agreement will become null and void.

MY QUESTION: Is this offer from BofA a Predatory Servicing scam?

Also, a page was enclosed in the package -- called FAQ -- and for the question "What will you do with my trial payments if..." The answer area was literally blank.

bIZARRE -- very bizarre. Comments please.


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