RON and CLAUDIA L. vs. BANK OF AMERICA
Case settled December 2012
Client received an invitation from the bank to apply for the Home Affordable Modification Program. They applied and were approved for a permanent modification. The bank sent a notary to come to the Client’s home to notarize and accept delivery of the HAMP Agreement which contained the terms of the loan modification. In accordance with the HAMP Agreement, the Clients began making the payment of $3,151.04 each month. After three months Bank of American sent the Clients a letter stating "We are not considering your request for a modification because after being offered a Trial Plan Payment, you notified us that you did not wish to accept the offer. At your request, the offer has been cancelled. "
Our clients never cancelled the modification request and never rescinded the Agreement. The Clients came to the Law Offices of John Thomas Dzialo and we filed suit. against Bank of America for Breach of Contract, Breach of The Covenant of Good Faith and Fair Dealing and Violation of The Unfair Competition Law. The Clients prevailed and they had their HAMP Agreement reinstated and the foreclosure sale was stopped in its tracks.
The Clients were also reimbursed for their attorneys fees.