Consumer complaint received 2020-02-18
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
This matter is in regards to HARP Loan # XXXX and Bankruptcy Case # XXXX. 
FACTS 1. On XX/XX/XXXX the Federal Bankruptcy Court approved an ORDER GRANTING MOTION FOR APPROVAL OF HAMP TRIAL PERIOD AGREEMENT. Paragraph # 6 of the above ORDER states Payments made by the Debtor to the Chapter XXXX Trustee constitute timely payments to BANK OF AMERICA. 
2. On XX/XX/XXXX Trustee Check # XXXX in the amount of {$2000.00} was paid to BOA. 
3. On XX/XX/XXXX Trustee Check # XXXX in the amount of {$900.00} was paid to BOA. 
4. On XX/XX/XXXX XXXX XXXX XXXX submitted Cashiers Check # XXXX in the amount of {$540.00} to BOA. 
5. On XX/XX/XXXX A Regular Payment of {$860.00} was posted and applied to XX/XX/XXXX. This was 1 of 3 payments identified in the HARP Modification as Other Deferred Amounts 6. On XX/XX/XXXX A Regular Payment of {$860.00} was posted and applied to XX/XX/XXXX. This was 2 of 3 payments identified in the HARP Modification as Other Deferred Amounts 7. On XX/XX/XXXX A Regular Payment of {$860.00} was posted and applied to XX/XX/XXXX. This was 3 of 3 payments identified in the HARP Modification as Other Deferred Amounts 8. On XX/XX/XXXX A Regular Payment of {$860.00} from XXXX XXXX XXXX was posted and applied to XX/XX/XXXX. 
9. All subsequent payments have been made by XXXX XXXX XXXX. 

ALLEGATIONS 1. Trustee payments in the amount of {$2900.00} were not applied to our HARP Mortgage Modification as directed by the Federal Bankruptcy Court ORDER GRANTING M OTION FOR APPROVAL OF HAMP TRIAL PERIOD AGREEMENT dated XX/XX/XXXX. These payments were applied to our account for the months of XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX after the Court approved the HARP Loan Modification Trial Period.

2. A payment from XXXX XXXX XXXX dated XX/XX/XXXX in the amount of {$540.00} was not applied to our HARP Mortgage Modification as directed by the Federal Bankruptcy Court ORDER GRANTING MOTION FOR A PPROVAL OF HAMP TRIAL PERIOD AGREEMENT dated XX/XX/XXXX. This payment was applied to our account for the months of XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX after the Court approved the HARP Loan Modification Trial Period.

3. Bank of America, N.A. submitted a Secured Claim of {$220000.00} dated XX/XX/XXXX to the Federal Bankruptcy Court. On XX/XX/XXXX Bank of America, N.A. submitted a MOTION FOR APPROVAL OF HARP TRIAL PERIOD AGREEMENT for a new loan amount of {$220000.00} which the Bankruptcy Court approved. The new loan amount in the HARP TRIAL PERIOD AGREEMENT was {$780.00} greater than the Bank of America, N.A. Secured Claim.

4. Bank of America, N.A. and its legal representative XXXX, XXXX XXXX XXXX have failed to provide us a detailed reconciliation for the HARP TRIAL PERIOD AGREEMENT loan amount referencing C.F.R. 1024.36 stating the request is unduly burdensome.

SETTLEMENT Bank of America, N.A. issue XXXX XXXX XXXX & XXXX XXXX XXXX a check in the amount of {$3400.00} for the payments submitted for the HARP Modified Mortgage Loan which were not applied to the designated loan as specified by the Federal Court Order.

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