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Bank of America faces complaints over mortgages and stalled loan modifications

Bank of America faces complaints over mortgages and stalled loan modifications.

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Hundreds of struggling Florida homeowners have filed complaints with Florida Attorney General Bill McCollum in the past year about failed or stalled home mortgage loan modifications with Bank of America.

Angry borrowers, desperate to hold on to their homes, say they've made dozens of calls to their lender and spent months asking for a change in their loan terms, only to be denied or to learn that Bank of America revoked their loan modifications a few months after they reached a deal.

``I wrote letters to the governor, I called the bank every single month,'' said Yvonne McBride, a disabled former state worker who received a loan modification for the Sunrise home she shares with husband Herman Acosta. But the bank retracted the deal -- after, she said, she'd paid more than $9,200 to cover mortgage payments through next January.

``When they said I was noncompliant [with the terms of the loan] I said, `What?' '' McBride said.

The Attorney General's Office has logged 452 complaints about Bank of America, Florida's largest mortgage lender, concerning mortgages and loan modifications. With its acquisition of Countrywide Financial last year, Bank of America had almost 82,000 mortgage loans originated in Florida worth $15.3 billion in 2008, according to National Mortgage News.

Next largest is JP Morgan Chase, which had almost 69,000 mortgage loans in Florida. JP Morgan Chase has 69 complaints on file at the Attorney General's Office.

Wells Fargo, which acquired Wachovia, has a combined 51 complaints on file and almost 57,000 mortgage loans in Florida.

Bank of America's spokesman Rick Simon would not comment on the volume of complaints. But he said that in individual cases, some customers are not providing necessary financial information or have not been communicating with the bank.

``Bank of America has been more aggressively pushing loan modification and foreclosure assistance than anyone else,'' said economist Ken Thomas, an independent banking consultant in Miami. Thomas is not a consultant to Bank of America. He said the bank may have more complaints than others because it is interacting with more borrowers.

``The biggest lender in South Florida was Countrywide and they are under more scrutiny and making a bigger effort than anyone else,'' he said.

The Attorney General's Office is responding individually to those who complain, providing borrowers with information on mortgage fraud, the state's legal settlement with Bank of America calling for foreclosure relief, and suggesting that borrowers contact federal regulators and local attorneys. The complaints are also being sent to the lender involved.

Spokeswoman Ryan Wiggins of the Attorney General's Office said the complaints are being reviewed to determine the validity of the claims.

One year ago, McCollum, who is a candidate for governor, reached a settlement with Bank of America that was supposed to provide $150 million in foreclosure relief nationwide for its borrowers.

Under the terms of the settlement, Bank of America was to launch a loan modification program that would help 52,000 Florida homeowners get new mortgage loans.

``Bank of America has stated its willingness to cooperate in our investigation,'' Wiggins said.

But until the complaints from borrowers have been reviewed, Wiggins said, she could not answer the question of whether Bank of America is complying with the settlement.

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