Sorry, but there is no defined timeline that can be given to answer your question. I have seen in some cases that bank of America is not foreclose on properties for years after a bankruptcy. I have one client that's actually been a foreclosure for eight years and Bank of America still has not foreclose on their property in retained possession of it. You may be able to address the issues you have raised in your question at your hearing, and the judge will decide on the matter. But there is no yes or no answer to that question, as there is a judge involved and he will take all the evidence provided by the bank and by yourself in deciding to grant or deny the motion. Although if you do believe that your bank deliberately shot down your mortgage modification, when you should of been able to obtain one, there are legal remedies that you may take advantage of. At our law firm we represent clients in filing HUD Complaints, CFPB Complaints and Predatory Lending Complaints on the Federal level. We have this service for all 50 states, as it is federal law and not governed by different state laws. We have had success with suing banks that have denied people mortgage modifications, when they did fit the criteria for such a modification. We perform this by employing a mortgage underwriter with over 30 years experience, that demonstrates our clients fit in the criteria needed to obtain a mortgage modification. And in many cases clients filing these types of federal complaint, if they are accepted by the particular federal agencies involved, can win damages in excess of the amount owed to the bank on their mortgage and are able to buy the house back from the bank with the damages (money) that the banks pay them, thus they own their home free and clear.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Apr 02nd, 2014 at 12:25 PM