Waltham, MA (PRWEB) December 03, 2011
McGeough Lamacchia Realty, the #1 Listing Agency in Massachusetts, issued the following statement in response to the lawsuit brought against 5 main banks by Massachusetts Attorney Common Martha Coakley for alleged illegal foreclosures and loan servicing practices:

Weve been saying this for years. Loan modifications have been the largest creator of false hope by banks and the government considering that this foreclosure crisis started, says John McGeough co-broker/owner of McGeough Lamacchia Realty.

Coakley announced Thursday she is suing 5 national banks, Bank of America, Wells Fargo, JP Morgan Chase, Citi, and Ally Monetary (formerly GMAC), as nicely as Mortgage Electronic Registration Program, Inc. (MERS) and its parent, MERSCORP Inc., in connection with their roles in allegedly pursuing illegal foreclosures on properties in Massachusetts as nicely as deceptive loan servicing which includes loan modifications. (Commonwealth of Massachusetts v. Bank of America N.A., 11-4363, Suffolk County Superior Court, Boston).

“The single most crucial point we can do to return to a healthful economy is to address this foreclosure crisis,” Coakley stated in a statement Thursday.

Amongst other claims, Coakley alleges every single of the Bank Defendants deceived Massachusetts borrowers about loan modification specifications resulting in elevated and unnecessary defaults.

For instance, the lawsuit alleges the Bank Defendants deceived Massachusetts borrowers by informing them they must be more than 60 days delinquent to get a loan modification, when the truth is that delinquency is not often necessary. In truth, if default is imminent, borrowers are supposed to be considered. Borrowers who otherwise could qualify for a loan modification were becoming improperly denied or dissuaded from applying.(1)

I applaud the Massachusetts Lawyer Basic for including these loan modification practices in their suit. We have observed hundreds of home owners over the last three years stop paying their mortgage due to the fact they had been told they had to be late in order to be considered for a loan modification. Then following waiting months, the loan modification was denied. By this time, they are at least six months behind with no possibility of catching up, says Anthony Lamacchia, co-broker/owner of McGeough Lamacchia Realty.

Trial modifications have been found to be deceptive as properly. Prior to June 2010, Bank of America converted only about 30% of trial modifications to permanent modifications. Wells Fargo reported a equivalent conversion rate for the time period, whilst Citi and Chase hovered at roughly 40%.Borrowers have been strung along in trial modifications for nine months or longer, subjecting them to plummeting credit scores and mounting delinquency amounts.(1)

The Bank Defendants’ modification efforts have been so poor that, for the initial quarter of 2011, the United States Treasury Department withheld payment of the HAMP (Property Reasonably priced Modification Program) Servicer Incentives to Bank of America, Chase, and Wells Fargo, noting they have been in “require of substantial improvement.” (1)

They have also been accused of writing loans and modifications they knew their clients could not afford and foreclosing on properties exactly where they were not the mortgage creditor.(1)

We have been saying all along that distressed home owners want the truth more than anything. If they do not qualify for a extended term loan modification they deserve to know and to know swiftly so they have adequate time to explore other foreclosure options such as quick sales which give a graceful exit from a property if they are underwater and can no longer afford their house, stated Lamacchia.

For a lot more data about the lawsuit, go to the New England Brief Sale Weblog

1.Commonwealth of Massachusetts v. Bank of America N.A., 11-4363, Suffolk County Superior Court (Boston).

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