B of A approves modification then tries to foreclose

Posted: Updated:

Craig Burkhart has worked hard to make improvements to his home. However, when the economy started spiraling downhill Craig's money started to dry up and the improvements came to a halt.


“Unfortunately, I'm in the construction business and that, as everybody knows, is dead," he tells 3 On Your Side.


Yet, Craig says he was determined to stay in his home. So before he got behind, Craig wanted to work with his home mortgage company, Bank of America, to see if he could modify his home loan. Craig says they did just that.


“I have the paperwork right here. Approved, signed, sealed and delivered by Bank of America,” he explains.


That was back in January of 2010 and Craig says since then he's made every single new payment and he has the paperwork to prove it.


“I've never missed a payment; here are payments through 2009, which you can look at.  I've made every payment,” Craig says.


However, for some reason, Craig says he keeps getting letters stating he's delinquent. Not only that, he says he's now getting notices that his home will be foreclosed, even though he has records showing he's made all of his modified payments.


“As long as I fulfill my part of the contract, don't harass me of being late, threaten foreclosure, intent to accelerate, things like that,” he tells us.


Craig says he could never get a straight answer from Bank of America so he finally contacted 3 On Your Side.


“I've been transferred more than 6,8,10 times to where they can help you and then I call them and they can't help me, they transfer me and then they can't help me, they can't help me,” Craig says.


3 On Your Side got a hold of Bank of America and when we did, they acknowledged they made a mistake.  In a written statement to 3 On Your Side they write:


"We apologize to Mr. Burkhart for the misapplication of his payment.  We have corrected the error and his account is now current."


This is great news for Craig and his four legged friends who will all get to stay in their home now.

I’ve heard of this problem happening before. In fact it’s one of the more common complaints I get when it comes to loan modifications. However, I do appreciate Bank of America working with 3 On your Side to resolve the matter so quickly.


If you have a problem that needs to be solved contact Gary Harper and the 3 On Your Side Team.