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BOA Foreclosure

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Anonymous
Not applicable

BOA Foreclosure

Hello all!

 

 I have a BOA Foreclosure on my credit report. The house was sold near 2012. This loan was considered part of the Debt Forgivness Act. After the house was sold, i receieved an IRS form with a credit of the amout the bank forgive me. Now my reports still shows a balance. I have disputed this with the credit bureaus and all came back verified. I've also sent complaints to BBB and CFPB. I recieved a call from BOA saying they will investigate this and send me a letter with the results but yesterday i recieved noticed from BBB that the case was closed due to "Case Closed - OUT OF PURVIEW" and they also requested "Please close this case as Bank of America is addressing these concerns with a Government Agency.".

 

Any experience or thoughts on this?

Message 1 of 7
6 REPLIES 6
pipeguy
Senior Contributor

Re: BOA Foreclosure

The Debt Forgivness Act was a program started in 2007 and recently extended through December 31, 2014 that addressed the 1099-C reporting and tax obligation of the unpaid balance. Basically all this means is you won't owe taxes on the shortfall, however as far as reporting it's still a forclosure and the lender still took a hit which is what they are reporting. I suspect (but don't know for sure) that the comment about "Bank of America is addressing these concerns with a Government Agency" means that BoA is still looking for guidence from the USGov as to how to write off and report these losses. 

 

BoA took a major hit when they purchased Countrywide including major fines from the US Department of Justice (see http://www.forbes.com/sites/nathanvardi/2014/08/21/bank-of-americas-16-65-billion-settlement-and-the... and they are still cleaning up that mess.

 

IMO all you can do it wait and ask BoA to update the reporting, the forclosure will report for 7 years even if the balance is zero and you benefited greatly from the lack of the 1099-C tax obligation.

Message 2 of 7
Anonymous
Not applicable

Re: BOA Foreclosure

I disputed with the credit bureaus in order to get this corrected and it came back confirmed and my score droped 74 POINTS... This is brutal!

Message 3 of 7
pipeguy
Senior Contributor

Re: BOA Foreclosure

Not that it helps or offers any comfort, but a Foreclosure is a major event as far as credit reporting and seriously dings scoring.

Message 4 of 7
ezdriver
Senior Contributor

Re: BOA Foreclosure


@Anonymous wrote:

I disputed with the credit bureaus in order to get this corrected and it came back confirmed and my score droped 74 POINTS... This is brutal!


What exactly did you dispute? Seems to me that the tradeline is reporting correctly. Am I missing something?

Message 5 of 7
Anonymous
Not applicable

Re: BOA Foreclosure

My debt was forgiven but they still show an open account and a the balance due of the entire mortage.

Message 6 of 7
pipeguy
Senior Contributor

Re: BOA Foreclosure


@Anonymous wrote:

My debt was forgiven but they still show an open account and a the balance due of the entire mortage.


Are you sure? Did BoA send you a document stating that the debt was forgiven or they were not going after "recourse" for the difference in the sale price? Your previous statement said the IRS sent you a notice, the IRS can not forgive the recourse amount, just the tax due on a 1099-C. The Debt Forgivness Act has to do with 1099-C tax obligations, not principle or the ability of a bank to become whole on the difference. Did BoA issue you a 1099-C showing the balance as "forgiven" ?

 

http://www.irs.gov/Individuals/The-Mortgage-Forgiveness-Debt-Relief-Act-and-Debt-Cancellation-

Message 7 of 7
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