I saw first hand the failure of the loan mod “game” and its consequences played out in bankruptcy court this morning.

Two separate cases. Two separate homeowners pleading their story before the judge. One party has lived in her home 37 years. The other party is retired. Notwithstanding the factors or judgment (good or bad) that got them to this point in the first place (used their home as an ATM machine?), both cases revolved around huge frustrations both parties had trying to pursue a loan mod.

In the first case, the lender’s attorney was trying to get a Relief From Stay motion against the retired couple which would allow the lender to foreclosure on their home. Standing at the podium next to her was the couple. The husband was highly frustrated, trying to explain to the judge a litany of issues they’d encountered in dealing with their lender. The judge was patient and understanding, but ultimately said her experience on the court was that the bank’s left hand didn’t know what the right hand was doing.

She then made I thought a great decision. She made the attorney standing there personally responsible for handling this couple’s issues with the bank. The couple was told to send 2 month’s payments by the end of this week to the bank’s attorney, told the attorney to give them her business card, and basically told the couple this attorney was now the official representative of the bank. Great!

The other case was sad. The woman was sobbing at the podium. The judge had the bailiff give her a box of tissues, but ultimately, I believe she will lose her home. But she had the same horrible experience of attempting to get a loan mod. Her frustration was heart wrenching, but there was little the judge could do but explain her time line of how her case would play out in the next couple of months.

These 2 cases underlined for me on a micro scale what’s happening today on the macro scale in Washington as theses issues are being hashed out – first, the meeting between the 5 largest banks (the “servicers”) and the fed plus the 50 states’ attorneys general on the whole foreclosure, loan mod situation; two – the House voting yesterday to repeal the HAMP program because it’s not working; and three – the FDIC ruling that future loans banks sell into the secondary market (without the banks keeping some “skin in the game”) must have 20% or greater down payments.

Not much comfort for the 2 parties I saw this morning in bankruptcy court.