Earlier this morning, I came across a very interesting statement made by a BofA employee in a lawsuit against the bank regarding its “participation” in the Home Affordable Modification Program (HAMP). A “declaration” is a statement made under penalty of perjury and is commonly used in litigation to give facts (typically from a witness) to the court prior to trial. This particular lawsuit was brought by Max Gardner, a well-known consumer attorney in North Carolina, against BofA for its conduct in working with homeowners seeking a HAMP modification. This Declaration of BofA Employee really pulls back the curtain.
HAMP is a federal initiative to encourage lenders to modify mortgages for moderately distressed homeowners. As anyone who has dealt with BofA knows, the bank is incredibly frustrating and does an exceptionally poor job in working with borrowers who want to modify their mortgage. It turns out this isn’t because of low-quality employees – or, at least, not at the consumer level. Management? “Low quality” would apparently be a giant step up if this employee is to be believed…
HAMP, unfortunately, has been a general failure. The Obama administration designed the program to proactively assist homeowners who are threatened by foreclosure. There was arrangements that could lower the balance on a loan if the home was underwater plus longer amortization and reduced interest. The problem is that most lenders only looked at the program as a way to sell another loan – not helping the consumers. The required paperwork and approval process helped to make this another failed program which left homeowners sinking beyond recovery.