Consumer complaint received 2018-12-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MO
Product: Debt collection
Sub-product: Mortgage debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
In XXXX I purchased a condo and the original creditor was XXXX XXXX XXXX XXXX. I took out two mortgages for the condo at 80 % on first and 20 % on second. XXXX XXXX was an operating sub of XXXX and both were taken over by Bank of America in XXXX. 

In XXXX I was contacted by Bank of America via mail that I was eligible for loan modifications under the HAMP program. I contacted the using the number on the letter. The agent that I spoke to informed me that I would be eligible but first I needed to quit paying my mortgages. She stated that I needed to contact her in 3 months after non-payment. 

In three months the agent informed me that she would be sending out a modification package in the mail. Upon receiving it I filled it out and she informed me to continue to not pay my mortgages. Several months later in XXXX I received my modification package. The principal on the mortgage was {$110000.00} which was XXXX higher than the original 1st. I asked the agent about the 2nd mortgage and if I would be getting another bill. She replied that as far as she was concerned the 2nd was finished and that I was to ignore any and all bills for the property except the one sent by bank of america. She additionally stated that I would be receiving information in the future settling the 2nd mortgage and that it was going to be extinguished and discharged. She stated that I would be receiving a XXXX for the difference if there was one. 

During the modification process all financial adjustments and payments were reported on bills that were consistent with the XXXX  XXXX XXXX statements. Upon completion of the trial period and upon transferring over to bank of america bills for the mortgage I received a statement from XXXX  XXXX with regards to the 2nd mortgage that showed that the balance was adjusted to XXXX. It was dated in conjunction to the billing reflected on the first mortgage and the bank of america modification. 

I never received any bill with regard to the 2nd mortgage after the modification was completed. 3-4 years later I received a bill in the mail from a third party company that has been trying to collect. I emphatically deny the legitimacy of this debt. 

At the recorder of deeds it shows that the deed of trust assignment for the first mortgage was transferred to bank of america in XXXX of XXXX yet the 2nd mortgage has remained unchanged since XXXX. 

Upon conducting a title search it is clear that bank of america owns the 2nd mortgage still. I have tried to reach out via phone and email to bank of america only to get canned responses. 

I understand that in the early days of HAMP bank of america was contracting with third party companies to administrate the modifications. I also understand that these companies had poorly trained staff. I speculate that it is quit possible that while the third party organized the information and handed it back to bank of america that it is likely that the documentation was lost or incorrectly filed and that the 2nd mortgage was sold as an unsecured debt to a third party. 

I understand that in XXXX there was a settlement with the department of justice in which bank of america had to correct and amend several decisions that it had made as its practices were in violation of the HAMP program. I would greatly appreciate if Bank of America would take the necessary steps to reply to these issues responsibly so that this can come to a close. 

I have attached all documentation that is in my possession to support my claims.

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