Vitals:

1st BOA balance: $502,000

2nd BOA balance:  $60,000

Total balances: $562,000

Offer submitted $385,000 (and lucky to get that high)

 

Delinquent 2008 property taxes $12,000.

2009 property taxes paid.

 

BPO done. BOA accepted the 385k purchase price but after much haggling BOA is only willing to allocate $6,000 towards the $12,000 taxes, the seller is willing to bring $1,000 towards the property taxes, leaving $5,000 gap. The buyer is unwilling/unable to contribute towards the seller's property taxes and is willing to walk.

 

The problem: BOA is willing to close the file and send to foreclosure over the $5,000 gap to cover the 2008 taxes. The loss mitigator claims it's not an allowable closing cost.

 

My questions for the forum:

1. Have you been running into recent lender reluctance to pay back taxes?

2. How do I escalate this within BOA? They will have to pay the taxes anyway as an REO.

 

Thanks

Dave Halpern

Views: 163

Replies to This Discussion

it's interesting that the county posted payment for 2009 taxes without the 2008 taxes being paid. I thought the oldest tax bill was always paid first. what state are you in?
Judy, I'm looking on this site for best escalation numbers in BOA. I remember noticing them as I surfed posts but can't seem to find them now. If any one can point me in the right direction will be much appreciated.

Judy Chapman said:
Look for names higher up the food chain. Contact Fannie Mae if this is one of their loans. Talking to the lower level people is a waste of time. I'm sure you'll find resources right here!
Wendy,
Jefferson County, Kentucky. The 2008 property taxes were sold to Nebraska Alliance, tax lien buyers. The seller for some reason paid the 2009 on his own and skipped 2008. Not escrowed with BOA.

Wendy Smith said:
it's interesting that the county posted payment for 2009 taxes without the 2008 taxes being paid. I thought the oldest tax bill was always paid first. what state are you in?
I don't believe that BofA really cares.

They're likely just servicing the loan, so its not their loss if it goes into foreclosure.

In fact, I believe that they are conflicted. That Is, I understand that they get paid about twice as much for servicing a loan that is in default versus a loan that is current. So, the longer it takes, the more they get paid.

In any event, there is a WordPress Blog that provides BofA contact information. I believe the page is entitled "Bank of America Loan Mod Diary", The phone number they list for the BofA Office of the Chairman is 800-669-2443 x2773.

I recommend that you be prepeared with an estimate showing what the difference is likely to be in the net proceeds from a foreclosure vs. the short sale that you have submitted. That may introduce some rationality into the process.

I hope the above is helpful..
Arthur,
Thanks for the tip. Here's that blog you referenced with BOA contact information:
http://diaryofaloanmod.wordpress.com/the-bofa-contact-list/


Arthur Chatroo said:
I don't believe that BofA really cares.

They're likely just servicing the loan, so its not their loss if it goes into foreclosure.

In fact, I believe that they are conflicted. That Is, I understand that they get paid about twice as much for servicing a loan that is in default versus a loan that is current. So, the longer it takes, the more they get paid.

In any event, there is a WordPress Blog that provides BofA contact information. I believe the page is entitled "Bank of America Loan Mod Diary", The phone number they list for the BofA Office of the Chairman is 800-669-2443 x2773.

I recommend that you be prepeared with an estimate showing what the difference is likely to be in the net proceeds from a foreclosure vs. the short sale that you have submitted. That may introduce some rationality into the process.

I hope the above is helpful..

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