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Bank Of America's Mistaken Foreclosure Reportedly Ruins Couple's Finances

First Posted: 12/30/10 04:20 PM ET Updated: 05/25/11 07:20 PM ET

Bofa

Yet another nightmare story has emmerged involving a mistaken foreclosure. Bank of America reportedly put a Connecticut family's home in foreclosure despite the fact that the couple never missed a payment -- and was actually in the process of refinancing their mortgage with the bank.

According to CTWatchdog.com, Shock Baitch and his wife Lisa (Friedman) Baitch wanted to refinance their mortgage with Bank of America, but a bank representative reportedly put the couple into the Home Affordable Modification Program, the Obama administration's much-maligned foreclosure prevention initiative.

The program was created to help struggling borrowers. Unfortunately, the Baitch's weren't struggling.

In an interview with CTWatchdog.com, Baitch was understandably livid:

"Bank of America lied and submitted fraudulent information to the credit bureaus and now I am literally and financially paying for it," Baitch said. "I looked into help with a consumer counseling service, but we can't participate because our income is too low to meet the payment requirement. I looked into bankruptcy, but we have too much equity in the house. I cannot meet the minimum payments now on the credit cards..."

The Baitch's story is one of a growing number of seemingly mistaken foreclosures involving mortgage servicers, many of which have left homeowners to pay for the legal and administrative costs required to rectify their situation.

In October, Bank of America admitted there had been problems with some foreclosures. And while the mortgage servicing industry has repeatedly stated that the problems involve only a handful of homeowners, housing advocates aren't so sure.

In December, the Associated Press took an in-depth look at the subject. In addition to an investigation launched by all 50 states, the AP found homeowner lawsuits in Florida, Nevada, Texas and Pennsylvania, and class action suits in Kentucky and California. Here's more from the AP:

"This is the worst I've ever seen it," says Ira Rheingold, an attorney and executive director of the National Association of Consumer Advocates. Diane Thompson, a lawyer with the National Consumer Law Center, has defended hundreds of foreclosure cases. "In virtually every case, I believe the homeowner was not in default when you looked at the surrounding facts. It is a widespread problem throughout the country."
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Yet another nightmare story has emmerged involving a mistaken foreclosure. Bank of America reportedly put a Connecticut family's home in foreclosure despite the fact that the couple never missed a pay...
Yet another nightmare story has emmerged involving a mistaken foreclosure. Bank of America reportedly put a Connecticut family's home in foreclosure despite the fact that the couple never missed a pay...
Filed by Ryan McCarthy  | 
 
 
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ydrittmann
Vitter patronizes women.
04:29 PM on 01/13/2011
Do not contact Bank of America for any reason. Find someone else to refinance.
04:21 PM on 01/03/2011
And where is our President...? Didn't he, and his czars..Make new rules to stop this type of thing from happening...? CZRAS = BIG BANKER BEDDIES..?
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HUFFPOST SUPER USER
Being Middle Class
02:15 PM on 01/03/2011
Come on wiki!
04:26 PM on 01/03/2011
Screw wiki, ...! Why hasn't are president done anything about this... Remember...?

I Bet... ! Our President will block what Wikileaks has on the banks... because it will show everyone how deep he and his are involved in the bank bs...
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HUFFPOST SUPER USER
KBES
Dumb all over and a little ugly on the side
12:48 PM on 01/03/2011
I've said it before. They are TOO BIG PERIOD. They cause all kinds of havic and then don't even care enough to correct it. We don't live in a Free Country when a bank/government can do this
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Kyle Ransom
Former veteran mortgage broker and mortgage securi
12:36 PM on 01/03/2011
Great so now BOA IS foreclosing on people who want to refinance and are not in default. As if they don't have enough problems.
realitybaby
Livin in realitybaby!
11:01 AM on 01/03/2011
ahh that "bank representative" term is being used to loosely.
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HUFFPOST SUPER USER
GreenKate
04:32 AM on 01/03/2011
I would assume it was incompetence. Bank employees are very poorly paid and badly trained. There is much turnover and attitude.
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HUFFPOST SUPER USER
MyResponsibility
Action over hope
11:25 PM on 01/02/2011
Clearly much missing from the story. It identifies only the job for Shock - Firefighter. No job identified for the wife. Ave firefighter salary in CT is $47k/yr. Yet she had at least 1 card that was 64% of their income and she had more to cover the reduction? And their total credit was reduced by $150k, 3x their income? They state they don't earn enough to pay a credit counseling service - that's got to be BS. They have too much equity in their home to declare bankruptcy? CT exemption for a homestead is $75k in equity, and this is only if filing for Ch 7. Ch 13 is a reorg plan and the home is not subject to forced sale. Just wondering when more info will be forthcoming...
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HUFFPOST SUPER USER
AlsoSarah
Medicare for all
02:37 PM on 01/02/2011
From the time I entered into a 3 mth trial mod in June 09, BoA have reported me delinquent to the credit bureau and monthly padded my mortgage with fees and late charges. Now after more than a year and a half of this practice, my amount due is outrageous­, my credit ruined and I still have not recieved any permanent docs even after recieving notorized papers in aug that I have been permanentl­y modified.
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HUFFPOST SUPER USER
Being Middle Class
02:19 PM on 01/03/2011
HAMP guidelines provide that the bankster is not allowed to report homeowner delinquent when in trial period. It is in the Fannie Mae guidelines. I have only seen one case where the homeowner got a copy of the agreement signed. And you'll note on your agreement is states the agreement is not valid until the bankster signs it and sends it back to you. Sarah, it is very typical of banks to add on fees, late charges, junk fees, etc. They have also been known to hold trial payments in a suspense account, not apply your money to your account until a full payment is received. They also apply your money to late/junk fees first, and then a remainder to your escrow account (that is usually a negative balance due to the newly created escrow account). So sorry the bankster is doing this to you.
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HUFFPOST SUPER USER
teaksmama
11:20 AM on 01/02/2011
lawsuit
iridium53
Semper Fi
11:54 PM on 01/01/2011
So, why isn't doesn't this criminal behavior - theft - a felony?

Why do thieves like these Bank of America employees get a pass from law enforcement?

What level of corruption does it take to get this kind of pass?
04:31 PM on 01/03/2011
When our president is in bed with the his banker buddies... l allways thought he was a little light in the loafers... our president doesn't care about the little people
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HUFFPOST COMMUNITY MODERATOR
Icantbelieveher
I'm for the separation of church and hate!
06:20 PM on 01/01/2011
Now that is scary -- we get a letter from Wells Fargo every month, saying they'd like to help us with our financial difficulties in paying our mortgage -- a mortgage payment that has never been missed since we got our mortgage! 

What kind of protections do individual homeowners have in these cases?  The banks should be made to make the victims (and let's face it -- we're victims to these greedy banks) whole after they ruin their credit and foreclose on their homes which are not in default!  But that will never happen!  Talk about immenent domain!  If the bank wants your house, they seem to be able to just take it -- whether you pay for it or not!
04:35 PM on 01/03/2011
They want to sell your house to the chinese... And we are victims of our president that bailed out his banker buddies..
07:46 PM on 01/03/2011
The originator of the banking bailout is no longer president. Our replacement president is yet another neoliberal...a long line of them since Nixon...
05:37 PM on 01/01/2011
Bof A is a fraud it is not a bank of america. Just exactly who owns this sham? China?
If we had leadership-I would wake up monday morning and all over the news the headlines would be about a gov. takeover and shutdown of an organization that is only good to steal from the people.
Humm, who wants a mortgage or a credit card.
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HUFFPOST SUPER USER
Eileenla
Author, "Sacred Economics"
05:05 PM on 01/01/2011
I used to believe the one thing unscrupulous people could not steal from other people was their homes...a house is just too darned big for someone to steal. I never would have guessed that the profit-greedy banks would figure out a way to do this in quantity...and get away with it!
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HUFFPOST SUPER USER
Being Middle Class
02:33 PM on 01/03/2011
Oh and they have. The banks, together with Fannie and other corrupt organizations formed MERS. The mortgage electronic system to bypass paying recording fees and have the ability to assign our loans into trusts, which were then bundled and sold on Wall Street. Even those who are not struggling to pay their mortgage should be very concerned. One question for your bank: who owns your loan? With this type of behavior, there is a good possibility you could pay off your 30 year note, ask for that reconveyance or satisfaction of mortgage only to find out the bankster paid the wrong investor and your home is not yours. Scary.
04:43 PM on 01/03/2011
When your in bed with the president of the united states of america... why worry about screwing over the little people... When our president takes 23 vacations a year, plays golf 32 times this year, 29 last year... I think... our presi\dent should put bill clinton in his place, so he can have more time to spend his time on family vacations, and golf outing..
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mgrant33301
02:43 PM on 01/01/2011
bank america: too big to survive.