Consumer complaint received 2023-08-22
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: DC
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Struggling to pay mortgage

Complaint:
" XXXX XXXXXXXX XXXX. This automatic stay violation case reveals that he works at Bank of America. '' XXXX XXXX XXXX, Bankruptcy XXXX ( XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX United States Bankruptcy Court for XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, Decided ). 

On XX/XX/XXXX, XXXX XXXX, Bank of America Resolution Specialist ( Telephone : XXXX, extension XXXX ) wrote me in a response to a complaint that I filed with the Consumer Financial Protection Bureau ( attached ) : " Please understand it is necessary to have a Trustee as a party to a Deed of Trust and it is common to use a Law Firm as Trustee. The Trustee has nothing to do with the loan other than holding the property in the event the borrower defaults on the loan. As such, the Trustee is there to facilitate the foreclosure or to release the lien once the debt has been paid in full. Please note, the Trustee can be substituted at any time during the life of the loan. '' From the origination of my Countrywide loan on XXXX, XXXX, XXXX until XX/XX/XXXX the Trustee of the loan was the law firm of XXXX I. XXXX, XXXX. On XX/XX/XXXX Bank of America drafted documents switching the Trustee to XXXX XXXX XXXX XXXX XXXXXXXX who stated on XX/XX/XXXX in response to a complaint I filed with the Consumer Financial Protection Bureau : " Re : Case Number XXXX ; XXXX XXXX XXXX the Consumer ) and XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX the Property ) To whom it may concern : XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX formerly known as XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX has completed its research of Case XXXX. Our research shows that the Property secures a mortgage loan ( the Loan ) serviced by Bank of America , N.A . ( the Master Servicer ) held in XXXX XXXX XXXX XXXX XXXX XXXXXXXX, Mortgage Pass-Through Certificates, Series XXXX ( the Trust ). XXXX XXXX acts as the trustee for the Trust but does not service or have the authority to service the Loan. The Master Servicer is the party who is required to service the Loan, which includes, among other things, determining whether to modify, or respond to Consumers concerns related to, the Loan. The Master Servicer has advised that any questions concerning its servicing decisions related to the Mortgage Loan be addressed to XXXX and that any written communications be addressed to its Office of the CEO and President, XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. Please update your records to reflect the Master Servicer as the appropriate responsible party to respond to the Consumers concerns. '' XXXX XXXX XXXX, XXXX, of the law firm of XXXXXXXX XXXX XXXX, XXXX agrees that his firm was the trustee until XX/XX/XXXX and that he is now representing Bank of America with respect to my Mortgage ( which is now now in a held in XXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX From XX/XX/XXXX until XX/XX/XXXX the Mortgage was not connected to XXXX XXXX XXXX XXXX XXXX and was not Part of the XXXX Countrywide XXXX XXXX XXXX XXXX XXXXXXXX from XXXX. 

Note : XXXX XXXX does not address this " back dating '' of my mortgage. 

XXXX XXXX 's telephone numbers are : ( XXXX ) XXXX and ( XXXX ) XXXX. While his firm is no longer the Trustee he is representing Bank of America who is now the Master Servicer. Bank of America is making all decision about how to proceed with my loan and statements to me over the phone by Bank of America staff that they are only doing what the XXXX XXXX XXXX XXXX XXXXXXXX requires are contradicted by XXXX XXXX XXXX XXXX XXXX above statement to me in respoonse to my complaint to the CFPB. 

Additionally, XXXX XXXX of Bank of America wrote in her XX/XX/XXXX response : " The foreclosure process resumed once the Homeowner Assistance Fund ( HAF ) expired on XX/XX/XXXX. Bank of America has not received any information from the HAF agency in regard to your loan. Please understand, that the HAF letter you submitted on XX/XX/XXXX, is not a Third Party Authorization ( TPA ) form. Additionally, the state has not reached out to Bank of America with a XXXX, which prevents us from reaching out to them for a status update. Please contact the XXXX XXXX XXXX XXXXXXXX agency directly to obtain a status update on your approval for the program. '' According to XXXX XXXX, XXXX, who represents Bank of America, I have provided him the correct HAF letter and am not in foreclosure or steps towards foreclosure are on hold because of the XXXX letter. Bank of America can read about XXXX here : XXXX XXXX XXXX Note : XXXX XXXX has also not addressed the main issue I raised in my XX/XX/XXXX Complaint to the CFPB which is : " I have a Countrywide Mortgage that originated in XXXX.Bank of America services the mortgage for XXXX XXXX XXXX XXXX XXXXXXXX ( as of XXXX ) XXXX XX/XX/XXXX I received the attached response from Bank of America which was also sent to The Consumer Financial Protection Bureau responding to my complaint in case number : XXXXThe fifth paragraph of the letter from XXXX XXXX XXXX, Resolution Specialist, Regulatory Complaints states : '' During a telephone conversation on XX/XX/XXXX XXXX I discussed that in order to be approved for a payment deferral, your loan must be no more than 18 months past due. At the time of the call the loan was paid through the XX/XX/XXXX installment and didn't qualify as it exceeded the deferral program requirements.In XXXX of XXXX I made four full payments of {$4600.00} to bring the payments down to 17 months past due and in the beginning of XXXX I made an additional full payment of {$4600.00} to keep the payments at 17 past due.The customer service representatives I spoke told me me that I would be approved for a deferral of the 17 months of payments that were allowed to be put into forbearance during the XXXX period and that they would be tacked onto the back of the mortgage as a balloon payment.I relied on those statements and statements of XXXX XXXX XXXX when I made the four payments.If a Bank of America employee from the Regulatory Complaints Department makes a statement in a letter responding to a complaint the consumer has filed with the Consumer Financial Protection Bureau and the consumer relies on that statement and then Bank of America should honor those statements. As of today 's date, Bank of America has has not deferred the 17 months of Covid-19 forbearance.

If Senior management at Bank of America wants to resolve this issue by honoring their statements to me in response to my complaint to the Consumer Financial Protection Bureau ( XX/XX/XXXX letter attached ) I am happy to bring the payments down to XXXX past due, as I have written XXXX XXXX however Bank of America keesp returning payments to me and have frozen my account and even created a fake bank account with a negative {$4.00} in it. 

According to XXXXXXXX XXXX ( In the XXXX XXXX Bank of America case XXXX XXXX XXXX XXXXXXXX ) " After the Sundquists petitioned CFPB about the case, Judge XXXX wrote that BofA lied to the agency by denying that they ever foreclosed. '' The oppression of the Sundquists can not be chalked off to rogue employees betraying an upstanding employer, '' XXXX XXXX wrote. " This indicates that the engine is driven by direction from senior management. '' He even added that the misconduct of the XXXX 's office " strayed across the civil-criminal frontier. '' The full case is here : XXXX XXXX XXXX In conclusion, this is a never ending XXXX towards foreclosure which Bank of America can resolve, if they want, by honoring their Statements to me ( in their XX/XX/XXXX letter, attached ) in response to the Complaint I made to the Consumer Financial protection Bureau XXXX 

Their return of payments, blocking access to my online account, creating a fake banking account with a {$4.00} negative balance and sending their employees and/or agents to my house to knock loudly on the door, shout loudly, leave door hangers and possibly hide in the bushes, and possibly block my rear driveway with an idling car are violations of my rights under the Fair Debt Collection Practices Act and should not be allowed. 

Sending employees and/or agents to my house is stalking and harassment and is unreasonable given all of the above facts.

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