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Bank of America Foreclosures in Question

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Yet another bank is delaying foreclosures because of improperly prepared paperwork. Bank of America is instituting the delays in 23 states, following similar action by GMAC Mortgage and JP Morgan Chase. The states affected all require that foreclosures go through their courts. Laws in those states require that a bank official attest that they have read the documents and verified the information, and then sign it in the presence of a notary public. According to a Washington Post report, a Bank of America employee admitted in a May deposition that she signed as many as 8,000 foreclosure documents a month without reviewing them. GMAC and JP Morgan Chase processors have made similar admissions. “To be certain affidavits have followed the correct procedures, Bank of America will delay the process in order to amend

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all affidavits in foreclosure cases that have not yet gone to judgment,” spokesman Dan Frahm said in a statement. The revelations by the lenders could provide an opening for homeowners in default to contest their foreclosures. This in turn could cause problems for families who have purchased home in foreclosure sales, as those sales could be contested. Those concerns have led Old Republic National Title Insurance, among the nation’s largest title insurance companies, to announce it will no longer write new policies for homes foreclosed upon by J.P. Morgan Chase and GMAC Mortgage, or its parent, Ally Financial. Consumer advocates are urging anyone who is currently going through foreclosure – especially in the 23 states impacted by the banks’ actions – to retain an attorney if they haven’t already. If it turns out the bank has improperly processed your documents, you may be able to stall, and even stop, your home seizure. If you recently purchased a foreclosed home, you might also want to check with an attorney, just in case the former homeowner has grounds to challenge the legality of that sale.

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