How to Fight a Denied Modification by B of A

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Loan modification programs offered by mortgage lenders and government programs provide an alternative to foreclosure.
Loan modification programs offered by mortgage lenders and government programs provide an alternative to foreclosure. (Image: Jupiterimages/Comstock/Getty Images)

Bank of America (B of A) offers qualified homeowners the option of requesting a loan modification for reducing monthly payments and mortgage rates. B of A also provides eligible borrowers access to modifications through federal government foreclosure prevention programs such as the Home Affordable Modification Program (HAMP). Receiving approval for a loan modification requires submitting all of the required financial documentation, paperwork, and forms required by B of A. Modification denials typically result from missing or inaccurate information.

Things You'll Need

  • Modification denial letter from B of A
  • Copies of your Request for Modification and Affidavit (RMA)
  • Copies of documentation supporting financial hardship including bank statements, pay check stubs, income tax returns and additional information requested by B of A
  • Computer
  • Word processing program
  • Printer, paper and ink cartridge
  • Notepad, pens, and pencils
  • Calculator
  • Copy machine and/or document scanner

Discovering Why Your Modification Request was Denied

Mortgage modifications programs typically require complex and detailed paperwork and supporting documentation. Failing to submit any of the required documentation, or submitting incomplete or inaccurate paperwork will cause delay or denial of your request for a modification of your mortgage. Homeowners fail to meet eligibility criteria for modifying their mortgage loans. Read the denial letter carefully for determining the bank's reasons for denying your modification request. If no reason is given, or the reason is unclear, contact a loss mitigation supervisor at the B of A and request clarification.

Reading and Revising Modification Request Documents
Reading and Revising Modification Request Documents (Image: Comstock/Comstock/Getty Images)

Take the denial letter and all of your modification request documentation to a quiet location where you won't be disturbed. Have a calculator, pencils and paper handy for checking financial information provided and for making notes as you review the documentation you submitted with your modification request. Check each page for errors and omissions. The denial letter may state what's missing from your documentation, or the reason for denial can indicate what parts of your paperwork need review and revision.

Need More Details? Calling Bank of America
Need More Details? Calling Bank of America (Image: Comstock Images/Comstock/Getty Images)

Before calling B of A, have your mortgage loan number, modification case number, and modification documents handy. Address bank staff in a polite but firm manner. Ask for a supervisor if a representative cannot help. Clarify the reason for denial and ask if you may submit additional documentation. Write down instructions and deadlines provided by the bank. Note the names and titles of persons assisting you. Promptly submit required items to B of A after making copies for yourself.

Cutting Through Red Tape: Finding Assistance and Advocacy
Cutting Through Red Tape: Finding Assistance and Advocacy (Image: Brand X Pictures/Brand X Pictures/Getty Images)

Verify the mailing address or fax number before mailing or faxing your appeal and supporting documentation.. Request delivery confirmation from the post office and verify successful fax transmittal of your documents. Follow up with B of A within a week of resubmitting your modification request. If you cannot reach a modification specialist at B of A, contacting a housing and/or foreclosure prevention counseling service may help. The U.S. Department of Housing and Urban Development (HUD) maintains a directory of foreclosure avoidance counselors .Housing advocacy agencies and consumer credit counseling servicesbmay also help.

Tips & Warnings

  • Keep a log of all conversations and correspondence including dates, times, and topics discussed or mailed. Ask for names (and confirm their spelling) of bank representatives you contact.
  • Avoid threatening bank employees with lawsuits. Don't swear. Bank representatives may record and terminate rude or threatening calls.
  • Modification specialists may be required to gain approval for modifications from entities including mortgage insurance companies, government agencies, and mortgage investors.

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