Bank of America Mortgage Forgiveness Q & A

On October 1, 2012, in Debt settlement, Foreclosure, by Robbie L. Vaughn, Esq.

Bank of America Mortgage Forgiveness

Bank of America Mortgage Forgiveness Q & A

Just in case you missed or did not follow the link to the BOA Press Release. Here is the informative “Questions and Answers” section from the Press Release:

Questions and Answers

1. What is the second lien mortgage elimination offer?

We are offering eligible customers who are behind on their home loan payments the opportunity to have their remaining second lien mortgage debt eliminated. With this offer, the full unpaid principal balance on the second lien mortgage will be eliminated.

2. Why is Bank of America doing this?

These offers are part of Bank of America’s ongoing efforts to help customers in need of mortgage assistance and are among the customer relief programs we have launched under the national settlement agreement between the five largest mortgage servicers, state attorneys general and the federal government. The goal is to help customers remain in their homes and avoid foreclosure whenever possible. By eliminating this debt for eligible customers, we are trying to help them get back on track financially with their first mortgage payments and return to sustainable home ownership.

3. Who is eligible for the offer?

To qualify, customers must currently have a second lien mortgage owned and serviced by Bank of America that meets certain threshold delinquency or property value criteria, or a second lien mortgage associated with a first lien mortgage that is severely delinquent. Only second lien mortgages owned and serviced by Bank of America are eligible for this extinguishment program. It does not matter who owns and services the first lien mortgage. The vast majority of the second lien mortgages eligible for this program are in default in their subordinate lien position. A small number of second lien mortgages that are paid current will be extinguished if they are associated with a first lien mortgage that meets the program criteria.

4. How are you contacting eligible customers?

Eligible customers will receive letters from Bank of America via Federal Express or certified mail, explaining the offer to have their second lien mortgage debt eliminated. Mailings began in late July. At this time, only customers receiving letters will be eligible for the program.

5. Do customers have to accept the offer?

We will eliminate the remaining second lien mortgage debt for eligible customers, unless they contact the bank to decline the offer within 30 days of receiving the offer letter. Customers are asked to contact a Bank of America Home Loans representative at 1.800.496.7831 if they have questions or wish to decline the offer.

6. Are customers who are not contacted by the bank eligible for this program?

We will be contacting customers who are eligible to have their second lien mortgage debt eliminated. Customers cannot request to be part of the program.

7. How will second lien mortgage elimination impact the first mortgage?

The elimination of the second lien mortgage is completely separate from any actions being taken regarding the first mortgage. If the first mortgage is in foreclosure, those foreclosure activities may continue.

8. What happens if the customer is in foreclosure?

Although the second lien mortgage balance is being forgiven and the lien on this second mortgage is being extinguished, this action does not extinguish the customer’s first mortgage. If a customer’s first lien mortgage is impacted and in foreclosure, this will not stop the foreclosure proceedings; foreclosure activities are likely to continue. Customers should continue to answer and reply to all foreclosure communications from their first lien lender. If customers do not understand the legal consequences of the foreclosure, we encourage them to contact an attorney or housing counselor for assistance.

9. What are the tax implications of the forgiveness?

Bank of America is required to report the amount of the eliminated second lien mortgage debt to the Internal Revenue Service. Current federal law provides for certain exceptions to tax liability when debt is forgiven in connection with a foreclosure prevention transaction for some customers; however, debt elimination may trigger state and federal income tax liabilities for customers. To understand whether they qualify for one of these exceptions and what other tax implications this transaction may have, we urge customers to contact a tax professional. Additional information on mortgage debt forgiveness can be found at www.irs.gov.

10. How does this affect Bank of America’s implementation of the terms of the agreement?

The program is consistent with the provisions of the agreement for second lien mortgage debt forgiveness.

11. Are there other ways that customers can have their second lien mortgage debt eliminated?

Additional government-sponsored and proprietary Bank of America programs are available which may involve the partial or full elimination of second lien loans. Interested customers should call 1.800.669.6607 or visit http://homeloanhelp.bankofamerica.com/en/home-equity-modification.html.

12. For a home mortgage loan, what is the difference between principal reduction or forgiveness and lien elimination?

If a lender forgives a portion of a home loan’s principal balance, the borrower is responsible for the remaining balance due and the lender retains its lien on the borrower’s property as collateral for the loan. In a lien elimination, the entire balance of a mortgage loan is reduced to zero, the lien securing the loan is released and the mortgage note is cancelled. The lender has no further claim to the borrower’s property as collateral, and no further monetary claims against the customer.

13. Will a customer benefit if their second lien mortgage debt has been discharged in a bankruptcy filing?

Yes. While customers who have filed for bankruptcy and receive a discharge of their second lien mortgage debt obligations are no longer personally liable for the debt, the bank still remains a lien holder to the extent of the remaining balance on the second lien. This means the bank still has a legal claim to the customer’s property as collateral to satisfy the second lien mortgage debt still owed through a court-approved foreclosure, or if the property is sold for a gain. Once the debt is cancelled and the lien extinguished or released (subject to court approval, if required), the bank relinquishes any further monetary or collateral claim to the property. This reduces the debt attached to the property and may provide the opportunity for the borrower to build equity in their home.

14. Will this affect the customer’s credit rating?

Through the extinguishment program, we will report to the major credit bureaus that the customer’s second lien mortgage is now “paid and closed” and has a zero balance, which could affect a customer’s credit rating. A credit score is determined by the customer’s credit history and is not controlled by Bank of America. Customers should review information on credit scores at http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre24.shtm.

15. If the lien is extinguished in a bankruptcy filing, what are the credit reporting implications?

In the event debt is discharged through bankruptcy, the credit bureaus normally reflect that event as a loan or a debt discharge in a bankruptcy filing. Through the extinguishment program, we will report to the credit bureaus that the customer’s second lien mortgage is now “paid and closed” and has a zero balance.

16. How will Bank of America help customers who are still in need of assistance following the elimination of their second lien mortgage with the bank?

We want to work with customers to address their financial needs, especially if they are in need of assistance. Customers can always visit one of the 50 Customer Assistance centers in cities around the country or call 1.800.669.6607 or visit http://homeloanhelp.bankofamerica.com/en/home-equity-modification.html to find out about available programs.

If you have any questions about this or other legal issues, call the Law Firm of Vaughn, Weber & Prakope, PLLC today, at 516-858-2620, for a free consultation!

Tagged with: bank of america • forgiveness • mortgage debt • mortgage elimination • program criteria • settlement agreement

Foreclosure Settlement Conference

On August 28, 2010, in Foreclosure, by Robbie L. Vaughn, Esq.

Foreclosure Settlement Conference

Purpose of the Foreclosure Settlement Conference

According to New York law (RPAPL 3408), the purpose of the foreclosure settlement conference includes, but is not limited to, “…determining whether the parties can reach a mutually agreeable resolution to help the defendant avoid losing his or her home, and evaluating the potential for a resolution in which payment schedules or amounts may be modified or other workout options may be agreed to, and for whatever other purposes the court deems appropriate.”

At the foreclosure settlement conference:

Both the plaintiff and defendant are required to negotiate in good faith to reach a mutually agreeable resolution, including a loan modification, if possible.

The defendant will be required to provide the lender or it’s servicer with financial documentation.

The plaintiff will be required to review the documentation to determine if the parties can reach a resolution to avoid foreclosure.

On each conference date, there will likely be several dates, each party must report the status of negotiations to the Judge and explain any issues that have arisen.

If a settlement agreement or loan modification is achieved, the plaintiff must file a notice of discontinuance and vacatur of the lis pendens within one hundred fifty (150) days after the agreement is fully executed.

IMPORTANT: The scheduling of a foreclosure settlement conference does not relieve you of your obligation to respond to the plaintiff’s summons and complaint in a timely manner (see our earlier post “Foreclosure Summons and Complaint“).

The Law Firm of Vaughn, Weber & Prakope, PLLC routinely represents homeowners facing foreclosure at settlement conferences. Typically, we obtain and/or attend foreclosure settlement conferences as part of our defense to the foreclosure action brought against our client. However, we will represent homeowners at just the foreclosure settlement conference.

As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. Contact us at (516) 858-2620 to arrange a consultation with a foreclosure defense lawyer.

Please visit our Foreclosure category to learn more about foreclosure issues.

Tagged with: agreeable resolution • defendant • facing foreclosure • financial documentation • foreclosure action • foreclosure attorney • foreclosure lawyer • foreclosure summons • good faith • lis pendens • loan modification • negotiations • notice of discontinuance • payment schedules • plaintiff • settlement agreement • settlement conference • settlement conferences • timely manner • workout options

News: No Upfront Fees For Debt Relief Companies

On August 6, 2010, in Message/News Board, by Robbie L. Vaughn, Esq.

Federal Trade Commission (FTC) issues rule prohibiting debt relief companies from collecting advance fees.

“Starting on October 27, 2010, for-profit companies that sell debt relief services over the telephone may no longer charge a fee before they settle or reduce a customer’s credit card or other unsecured debt.

Advance Fee Ban

The Final Rule contains specific requirements for debt relief providers related to charging an advance fee before providing any services. It specifies that fees for debt relief services may not be collected until:

the debt relief service successfully renegotiates, settles, reduces, or otherwise changes the terms of at least one of the consumer’s debts;
there is a written settlement agreement, debt management plan, or other agreement between the consumer and the creditor, and the consumer has agreed to it; and
the consumer has made at least one payment to the creditor as a result of the agreement negotiated by the debt relief provider.

To ensure that debt relief providers do not front-load their fees if a consumer has enrolled multiple debts in one debt relief program, the Final Rule specifies how debt relief providers can collect their fee for each settled debt. First, the provider’s fee for a single debt must be in proportion to the total fee that would be charged if all of the debts had been settled. Alternatively, if the provider bases its fee on the percentage of what the consumer saves as result of using its services, the percentage charged must be the same for each of the consumer’s debts.”

Click this link to read the entire FTC press release

Tagged with: advance fee • advance fees • Bankruptcy • consumers • credit card debts • creditor • debt management plan • debt relief program • debt relief services • false promises • federal trade commission • ftc • jon leibowitz • last dollar • october 27 • pockets • profit companies • proportion • settlement agreement • unsecured debt

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