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  1. #1
    Member reckerj's Avatar
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    Modified amount is MORE than original loan amount?

    So becoming unemployed in May 2009 and taking almost a year to find gainful income and BOA steering me in the COMPLETE wrong direction I became over 2 years behind. When I made my last payment in Sept of 2009, my balance was $108K. When they sent me the paperwork for the modification the new PRINCIPLE balance is $134K and my payment, naturally, is more than what it was originally. I called and asked why the principle balance was so much more she told me it's because the 2 years that I missed isn't just 'forgiven'. I said I understand that, but it shouldn't be nearly DOUBLED. I understand there is tax and interest, but that would not equal $28K. She kept repeating that the 2 year hiatus wasn't just swept under the rug. I am very confused on this. I have asked a few people that I consider to be pretty intelligent when it comes to finances and they were confused as well. So BOA is automatically putting me under water with the new modification. My house is not worth $134 anymore, when we bought it, it was worth more than that - but our area has sold more than 5 HUD houses in the last 2 years. The house across the street from me sold in Jan 2010 for $25K and the house next door sold Jan of 2012 for $20K!!!! I just received a Notice of Change in Value from the Auditor's office that my New Property Value is $70,100! (that's over $40K less than what it has been) Ok, but here's the caveat - at the time they offered me the modification I thought that was that and there was no bargaining, so I signed for the trial payments and now have made all three payments. I have yet to get the paperwork for the permanent mod, so do I have an argument or even have room to argue the fact? Of course if I were to ask BOA they'd tell me no. I am just trying to figure out my options...

  2. #2
    Senior Member jakelabry's Avatar
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    Ask them for a breakdown, but with 2 years of missed payments, late fees, etc., etc., etc., this is not at all surprising.

  3. #3
    Member hagans's Avatar
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    Did you ever find out anything? and WHY they added missed payments to the loan principal balance? my loan mod w/ BofA is the same and i would really like to know what happened. thanks!

  4. #4
    Member reckerj's Avatar
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    Nope! I still haven't seen my 'permanent mod' papers yet either. Supposedly they will include a break down of all of the additional charges when I get that. I have asked several different people this same question and they all said it's 'normal'. It just stinks cause I am already underwater as soon as the modification is permanent. They sure make it enticing for people to walk away from their homes don't they?

  5. #5
    Senior Member jakelabry's Avatar
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    How does it stink? You had free housing for two years.

  6. #6
    LoanSafe Guide Evan Bedard's Avatar
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    Unfortunately, once you fall so far behind on payments the lender is going to tack on major late/attorney fees to the account. They will send you a complete break down of your new terms and this will explain how they got to this payment/balance. Keep in mind that if the offer is unaffordable you do not have to sign the permanent docs and can always fight for something better..
    Keep Fighting!

    Evan Bedard
    LoanSafe.org Support Team

    The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.

  7. #7
    Member reckerj's Avatar
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    It isn't "free" to me. It's costing me double now. If you read my situation you'd see that BOA were the ones that literally got me into this mess and it was ONLY because of my article in the NY Times that they started to back-paddle.

  8. #8
    Member reckerj's Avatar
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    @Evan - my fear is that they won't offer anything else. It has been such a battle with them I don't want them to walk away. It hasn't gone into foreclosure at all, so the normal attorney/court fees wouldn't apply, I would think? I am just waiting for the break down and in the mean time continuing to make my 'trial' payment amounts.

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