Consumer complaint received 2023-02-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: DC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
Re : XXXX XXXX XXXX, XXXX, Washington, DC XXXX ( Bank of America Loan Number : XXXX ) I have a Countrywide MBS that Bank of America services for XXXX XXXX XXXX XXXX who is the trustee. The loan originated in XXXX ( It is similar to or the same as the Countrywide loans at issue in this Hawaii Class Action alleging RICO violations : XXXX XXXX XXXX XXXX 

On XX/XX/XXXX I emailed to a Bank of America employee who had been communicating with me from the Executive Office the HAF letter that was provided to me by the Washington, DC Government office responsible for the HAF Program and on XX/XX/XXXX, I faxed in the same letter to Bank of America ( I had previously informed Customer Service on several different occasions that I had applied for HAF assistance ). 

The Branch Manager, at the XXXX XXXX Bank of America branch in XXXX XXXX, Washington  XXXX DC faxed the letter and the Cover Page and gave me a printout of an email that indicated the fax had gone through. 

In the week of XX/XX/XXXX I received a letter that my house was in foreclosure. When I called customer service I was told that no HAF letter had been received. On Wednesday, XX/XX/XXXX ( the day before XXXX ) I went back to the Branch and the Branch Manager again faxed in my HAF letter with a cover page. 

After it was faxed I called several different numbers on the letter I had received and left messages with three different people and then called the general number and was transferred to a supervisor who asked me what was the date of the first fax. 

He found the HAF letter and said it was simply listed as " Fax Cover Page '' and said that's why they had not received the HAF letter. He made many notes and said that I would be taken out of foreclosure. This was exactly the same type of problem I had with modification papers not being received. 

In the last two months I have sent in many payments which have been sent back to me or not shown up on my account. I was told by one Customer Service rep the house was in foreclosure and told that I had to pay off the full loan amount of {$500000.00} to stop the foreclosure. When I explained that to a supervisor they said that it was {$110000.00} that I needed to pay to bring the loan current. 

On Friday XX/XX/XXXX I called Bank of America again and they said the house was not in foreclosure and that I would be able to make payments and that the hold that was on my account would be lifted. I also explained to them that the Washington Post reported on HAF on XX/XX/XXXX : https : XXXX and that I did not run the HAF office and was not responsible for their procedures. 

As of today XX/XX/XXXX an attorney for Bank of America agrees that I have HAF letter and can not be put into foreclosure but has sent me a letter to the effect that I am in foreclosure. When I raised the issue with this attorney that it is unreasonable that I am having payments returned to me he said that I should contact bank of America. 

Question : How can Bank of America deny customers the right to make payments when they have a valid HAF letter. My payments should be accepted. 

Thank you. 

XXXX XXXX, XXXX. 

( XXXX ) XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation