Consumer complaint received 2017-03-31
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MA
Product: Mortgage
Sub-product: Other mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
1 )    XXXX   XXXX   XXXX   XXXX    XXXX   (   XXXX   ) is  the holder of my mortgage.  XXXX  used servicers to manage the mortgage note. At the time, Bank of America was the servicer hired by  XXXX  to service my home mortgage.    2 ) HUD approved me for the Emergency Homeowners Loan Program  ( EHLP ) and used  XXXX  as the manager/servicer of the {$50000.00} EHLP funds.    3 )    XXXX   XXXX   XXXX   XXXX    XXXX  failed to pay, Bank of America, on time, failed to pay the correct amount due on time, and this resulted in late charges and interest to be assessed to my account by  XXXX  's servicer.    4  ) I contacted HUD and received a communication that  XXXX  was correcting the issue as   XXXX   " erroneously reversed the funds. The issue was never fully resolved.    5  )   XXXX   purposely mismanage the EHLP funds, as  XXXX  is the only entity that profited from the negligent management of the EHLP funds. As a direct result of  XXXX  negligence and mismanagement of EHLP funds, fees and interest were added to my mortgage.   6 )  XXXX  benefited from their mismanagement of my EHLP funds because they not only were a servicer for the EHLP funds but they OWNED my mortgage note , 7  )  XXXX  refused to correct their errors and refused to instruct their servicer to reverse the charges that accrued. Bank of America stated they " can only do what the owner of the mortgage,   XXXX   XXXX   XXXX   XXXX    XXXX , instructs them to do ''.    8 )    XXXX   XXXX   XXXX   XXXX   XXXX  /their agent committed fraud. After HUD contacted them regarding the mismanaged payments,  XXXX /their agent committed an act of fraud by posing as a person hold my power of attorney/proxy and attempted to withdraw me from the EHLP program.  XXXX /their agent contacted my housing counselor at  XXXX   XXXX  stating that I had authorized  XXXX /their agent to act on my behalf &amp; withdraw me from the EHLP program. I believe this was an attempt to cover-up the fact that  XXXX  mismanaged the funds and to have me default in the program making me ineligible from refinancing at a fixed lower interest rate.    9  )  XXXX  committed malpractice by failing to honor their fiduciary obligations &amp; responsibilities in managing my EHLP funds. They did not make the payments on time or in the correct amount resulting in late fees &amp; additional interest to be charge to my account.    10 )   XXXX  failed to act on breaches of fiduciary duty as they were made aware by their servicer that the mortgage rate had increased and failed to pay the amount due on time.   11 ) As a direct result of  XXXX  's negligence and mismanagement of EHLP funds, I was made ineligible to refinance at the fixed lower rate.  XXXX  has never accounted for the monies they " erroneously reversed '' and never reversed the interest or charges that they caused to be assessed to my account. As I continued to work with their servicer, and when their servicer acknowledged that they had contacted  XXXX ,  XXXX  then fired that servicer and hired a new servicer (   XXXX      XXXX   XXXX   ).   12 ) I contacted  XXXX  's new servicer, requested a forensic audit on receipt of the documents and provided all the documents including the EHLP payment history, EHLP note, and proof of payments dating back to the origination of the mortgage.  XXXX /their agents refused to complete the audit due to the fact that an audit will show mismanagement by  XXXX /their agents dating back t o  X/2008 .    13 )  XXXX  did not disclose to HUD they owned the mortgage note that they would be administering the EHLP funds.  XXXX  had a conflict of interest as the holder of my mortgage and acting as the servicer/administrator of the Emergency Homeowners Loan. I immediately informed EHLP representatives of this conflict of interest prior to signing the note &amp; each time I contacted

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