Foreclosure Threats Even After Loan Modifications

ORLANDO, Fl. — A Port Saint John family thought they had avoided disaster after a loan modification was approved.

But  a year later, they claim, Bank of America is foreclosing on their home even though they haven't missed a mortgage payment since the modification.

Billie Whaley posted three signs  at her  home, all attacking Bank of America.

One reads: "Please help us. Bank of America is trying to steal our home."

Whaley claims the lender double-crossed her family by approving  a loan modification, taking payments for nearly a year, and now threatening foreclosure.

"I can't think about it and not cry. We put everything into this home," Whaley said.

According to Waley, the bank approved a modified loan with a congratulations letter last March and dropped their payment by $200 a month.

Months later, the bank said it had not signed the final papers, but Waley claims she was told to keep paying and the bank told her, "We apologize, it's on our end, it's our problem, everything's going to be fixed."

But now, Bank of America told the Whaleys they are $14,000 behind, and it has start the foreclosure process.

They're not alone. WFTV has received a dozen complaints from Bank of America customers just this year.

Many claim they can't get a straight answer about their loan modification.

What angered the Whaleys was that the bank kept cashing their mortgage checks, but did not apply anything toward their loan.

Real Estate attorney Karen Wonsetler reviewed the Whaley's documents and based on what she saw, Wonsetler said homeowners can fight it in court and the case is simple to make.

"They offered us a loan modification, we've done everything they asked of us, they can't legally now ask for foreclosure," said Wonsetler.

That is just what the Whaleys wanted to hear.

"Please help us because we don't know what else to do," said Whaley.

Bank of America told WFTV, the couple's case is now under review and they have contacted them.

But the Whaleys are considering legal action against the bank to enforce what they consider a final modification.

WFTV