IS this legal or do I have a case?

[Looking for peace]

I was recently approved for a loan modification by BOFA. After getting approved for the modification and making the 1st payment the lender stated the modification was denied. They did not know the modification did not close but continued taking payments which I happily continued to make figuring and hoping it was a mistake. While also starting to make payments on the 2nd lien figuring the 1st was completed or just needed time I was informed the modification did not close due to the notary not filling out an acknowledgement for california. The bank ended up taking 5 loan payments for the 1st and 3 for the 2nd lien. Know they want us to start this whole ordeal again. There is a sale date coming up again and I am wondering if I can do something so fix this or am i just having to start playing with them this game form start.. Also I did ask if all the paperwork was received and i was told it was and them i asked if everything seemed correct and they said it was. 3months later they stated it was not.

[Jeffrey L. Shurtliff]

I would write the bank and the trustee and tell them they are barred from foreclosing because they are in violation of the OCC Consent Order AA-EC-11-12 which BOA stipulated too. Tell them by cosenting to a modification and taking the money and then foreclosing they are in violation of that orderand that you DEMAND they adhere to the modification period...............Jeffrey

[Cat Damiano]

Hi Looking for peace,


Welcome to the forum and thank you for joining.........

Was this a HAMP trial modification? What was the reason you were denied?