Bank Dual Tracking Process Hurts Homeowners

Share Article

As foreclosure numbers continue to escalate, the dual track loan-modification/foreclosure process implemented by banks and mortgage investors is hurting homeowners trying to save their homes, according to Chicago bankruptcy lawyer and financial rescue expert Richard Fonfrias of the Fonfrias Law Group, LLC.

While most financial analysts agree that the American economy is now in recovery, the nation's foreclosure crisis continues to wreak havoc on the lives of many homeowners. In 2010, 33 states witnessed an increase in foreclosure rates, with Arizona, Nevada, New Jersey, and Utah reporting the biggest jump in home foreclosures. People are continuing to lose their homes to foreclosure in record numbers. What is most surprising is that many of these foreclosures occurred while the homeowner was negotiating with their bank for a loan modification to lower their mortgage payment. "Banks are employing a loan-modification/foreclosure "dual track" system which is confusing and misleading. You could argue that banks are punishing homeowners who are doing their best to save their homes from foreclosure," states Richard G. Fonfrias, J.D. of Fonfrias Law Group, LLC (, a leading Illinois bankruptcy and financial rescue lawyer.

Dual track loan modification/foreclosure is when banks simultaneously pursue foreclosure action and loan modification evaluation. The dual-track system has been responsible for accelerating foreclosure for many homeowners, including ones who were directed to pay lower payments during the loan-modification trial period and then were fined for failure to pay the full amount when the loan modification failed. "It is apparent that the banks want to foreclose and are only going through the motions of loan modification. Often the homeowner is caught off guard, believing that they are safe from foreclosure because they have made arrangements for loan modification with the bank, but in reality the bank has placed them in a dual track system; negotiating for a modification, while at the same time initiating foreclosure proceedings," says Fonfrias.

Consumer advocacy groups want to end dual tracking and are outraged with banks and other mortgage investors, like Bank of America, over dual tracking where thousands of borrowers are losing their homes while negotiating to lower mortgage payments. Many feel that homeowners are being tricked by the banks and feel that more needs to be done to increase public awareness about the shortcoming of the dual track system and to curtail the questionable practices of some banks servicing delinquent mortgages. Financial analysts have been disappointed with the performance of loan modification programs like the federal government's Home Affordable Modification Plan (HAMP) which has done little to reduce the number of foreclosures. The number of mortgage modifications in 2010 actually fell 58% from the April 2009 peak.

"It's very important for home owners considering loan modification to understand how this less than straightforward process works and to be fully aware of all its implications. Banks have been less than forth-coming disclosing details. Free foreclosure counseling is available to consumers from government-approved agencies. Many homeowners have also lost their homes due to mistakes made by banks during the convoluted dual tracking process. Once this has happened, it is extremely hard to reverse a home foreclosure sale and to repair the damage caused to all parties. Financial rescue and bankruptcy lawyers are seeing more of these cases every week," says Fonfrias.

Contact Information:
Richard G. Fonfrias, J.D.
Fonfrias Law Group, LLC
First National Plaza
70 West Madison, Suite 1400
Chicago IL 60602
Phone: 312-969-0730

About Fonfrias Law Group: Chicago's financial rescue and bankruptcy lawyer Richard Fonfrias of Fonfrias Law Group is ready to assist Illinois homeowners in serious financial trouble and consumers facing mounting financial debt. With eighteen offices serving Chicago and communities throughout Illinois, Florida and California, Fonfrias Law Group offers all forms of bankruptcy legal services, tax defense, debt consolidation, bad credit repair, foreclosure defense, credit card debt management, loan and mortgage refinancing advice. To find out how Chicago's experienced financial rescue and bankruptcy legal team can help you, call 312-969-0730 or inquire online.


Share article on social media or email:

View article via:

Pdf Print

Contact Author

Richard G. Fonfrias, J.D.
Visit website