Florida AG Threatens B of A with Suit Over Mortgage Settlement

Florida's attorney general has threatened to sue Bank of America (BAC) for violating the national mortgage settlement.

Attorney General Pam Bondi's office has uncovered "troubling patterns" that suggest "systemic problems" with B of A's compliance with its portion of the $25 billion settlement, she warned in a letter. Last year the five biggest servicers agreed to provide relief to homeowners harmed by poor servicing practices.

If B of A fails to remedy these failures, Bondi's letter says, "then litigation is likely the best option, and one I remain prepared to pursue."

New York Attorney General Eric Schneiderman said he intends to sue Bank of America, along with Wells Fargo (WF), last month, alleging hundreds of violations of the terms of the settlement. Other state AGs are under pressure  from advocacy groups to follow suit.

Bank of America said in an email Friday that it "take[s] seriously and work[s] quickly to address any problems brought to our attention,"  noting that it "has extended more relief under the National Mortgage Settlement to customers in need of assistance than all other servicers combined."

Bondi's letter was sent June 4 and reported by the Miami Herald on Thursday.

B of A has failed to provide timely loan modification to Florida borrowers and refuses to specifically respond to the AG's requests for information, both violations of the National Mortgage Servicing Settlement, Bondi's letter says. The settlement requires servicers to provide substantive written responses to requests from states and to adhere to specific time frames in providing loan modifications.

Of the 293 complaints Bondi's office has received, 39% relate to Bank of America, her letter says. The majority are complaints about customer service, such as the lengthy delays in processing applications for loan modifications, failures to respond to customers' inquiries and mishandling of paperwork.

Neither Bondi's office nor the Office of Mortgage Settlement Oversight provided comment on the letter or on Bank of America's compliance with the settlement.

For reprint and licensing requests for this article, click here.
Consumer banking Law and regulation
MORE FROM AMERICAN BANKER