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Servicer Negligence Case – Amankonah v. Bank of America

For years, we have been arguing that loan servicers have been negligent in their handling of loan modification applications, particularly when they take trial modification payments and then push people into foreclosure. Although most courts generally find that a bank cannot be found negligent if it is acting in its “conventional role as a lender,” courts are finally willing to see that a lender can exceed its “conventional role as a lender” if they actively induce homeowners to participate in the process, negligently handle the process, and cause homeowners injury (like foreclosure, trial modification payments made, and emotional distress).

Below is one of recent successful rulings Bergman has had in making these arguments:  Demurrer – Amankonah


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